IN THE SUPREME COURT OF THE STATE OF MONTANA 

No. AF 07-0110 FILED 

IN RE A PROPOSED NEW RULE TO BE ADDED ) 

TO THE MONTANA UNIFORM DISTRICT ) 

COURT RULES ) 

ORDER 

MAR 2 4 2014 

EdSmith 

" LERK OF THE SUPREME COURT 

STATE OF MONTANA 

The members of the Uniform District Court Rules Commission have offered a 

proposal for a new rule to be added to the Uniform District Court Rules as Rule 16. The 

proposed new rule deals with electronically-generated signatures. 

Proposed Rule 16 would provide as follows: 

Rule 16 — Attorney's Copied or Electronically-Generated Signature. 

An attorney's copied or electronically-generated signature shall be 

deemed original for all court-filed documents. 

Commission Comments: 

Presently, there is no consistency among the judicial districts or uniform 

rules concerning the filing of documents with the copy of an attorney's 

signature or an electronically-generated signature of an attorney. Local 

district court rules vary from the Fourth Judicial District's Rule 3F 

("Documents may be submitted for filing by email or facsimile...") to the 

Sixth Judicial District's Rule 10 (no fax filing "absent actual emergency"). 

Some judicial districts require the filing of an original copy after a facsimile 

copy is filed, e.g. the Eighteenth Judicial District's Rule 15 ("...provided 

the original document is filed with the Clerk of the District Court within 

five business days of the receipt of the facsimile copy"). With the 

recognition of electronic records, signatures and contracts (see "Uniform 

Electronic Transactions Act," §§ 30-18-101 et. seq., MCA, particularly 

§ 30-18-106, MCA ("If a law requires a signature, an electronic signature 

satisfies the law.")), the proposed rule will conform to contemporary 

recognition of copy and electronically-generated signatures. With the 

movement toward electronic filings in Montana district courts, this rule will 

provide initial consistency among the judicial districts. Concerning any 

possible abuse, Rule 11, M. R. Civ. P., provides for sanctions if an attorney 

were to violate the rule. The rule will not apply to self-represented 

litigants. 

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March 24 2014
IT IS ORDERED that all members of the bench and bar of Montana and any other 

interested persons are granted ninety days from the date of this Order in which to file 

with the Clerk of this Court comments and/or suggestions to the above proposed Rule 16. 

IT IS FURTHER ORDERED that this Order shall be posted on the Court's 

website, and the State Bar of Montana is asked to post a link to this Order on the Bar's 

website. The State Bar is further asked to give notice of this Order and of its website 

posting in the next available issue of the Montana Lawyer. 

The Clerk is directed to provide copies of this Order to each district court judge 

and each clerk of the district court for the state courts of Montana, and to each member of 

the Uniform District Court Rules Commission. 

DATED thi~ day of March, 2014. 

Chief Justice 

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IN THE SUPREME COURT OF THE STATE OF MONTANA 

No. AF 07-0110 FILED 

IN RE A PROPOSED NEW RULE TO BE ADDED ) MAR 24 2014 

TO THE MONTANA UNIFORM DISTRICT ) ORDER 

COURT RULES ) EdSmith 

":LERK OF THE SUPREME COURT 

STATE OF MONTANA 

The members of the Uniform District Court Rules Commission have offered a 

proposal for a new rule to be added to the Uniform District Court Rules as Rule 16. The 

proposed new rule deals with electronically-generated signatures. 

Proposed Rule 16 would provide as follows: 

Rule 16 — Attorney's Copied or Electronically-Generated Signature. 

An attorney's copied or electronically-generated signature shall be 

deemed original for all court-filed documents. 

Commission Comments: 

Presently, there is no consistency among the judicial districts or uniform 

rules concerning the filing of documents with the copy of an attorney's 

signature or an electronically-generated signature of an attorney. Local 

district court rules vary from the Fourth Judicial District's Rule 3F 

("Documents may be submitted for filing by email or facsimile...") to the 

Sixth Judicial District's Rule 10 (no fax filing "absent actual emergency"). 

Some judicial districts require the filing of an original copy after a facsimile 

copy is filed, e.g. the Eighteenth Judicial District's Rule 15 ("...provided 

the original document is filed with the Clerk of the District Court within 

five business days of the receipt of the facsimile copy"). With the 

recognition of electronic records, signatures and contracts (see "Uniform 

Electronic Transactions Act," §§ 30 -18-101 et. seq., MCA, particularly 

§ 30-18-106, MCA ("If a law requires a signature, an electronic signature 

satisfies the law.")), the proposed rule will conform to contemporary 

recognition of copy and electronically-generated signatures. With the 

movement toward electronic filings in Montana district courts, this rule will 

provide initial consistency among the judicial districts. Concerning any 

possible abuse, Rule 11, M. R. Civ. P., provides for sanctions if an attorney 

were to violate the rule. The rule will not apply to self-represented 

litigants. 
IT IS ORDERED that all members of the bench and bar of Montana and any other 

interested persons are granted ninety days from the date of this Order in which to file 

with the Clerk of this Court comments and/or suggestions to the above proposed Rule 16. 

IT IS FURTHER ORDERED that this Order shall be posted on the Court's 

website, and the State Bar of Montana is asked to post a link to this Order on the Bar's 

website. The State Bar is further asked to give notice of this Order and of its website 

posting in the next available issue of the Montana Lawyer. 

The Clerk is directed to provide copies of this Order to each district court judge 

and each clerk of the district court for the state courts of Montana, and to each member of 

the Uniform District Court Rules Commission. 

DATED N4!4 6day of March, 2014. 

Chief Justice 

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