Proposed Court Rule To Address Electronic Court Systems, Electronic Records and Electronic Signatures

The New Jersey Judiciary invites comments regarding proposed Rule 1:32-2A ("Electronic Court Systems, Electronic Records, Electronic Signatures"), which is published with this notice. The proposed new rule would (a) authorize the Administrative Director of the Courts, with the approval of the Chief Justice, to develop and implement electronic court systems for the purpose of performing required judiciary functions, such as electronic filing or electronic record keeping; (b) provide that data and documents maintained in an approved electronic court system shall have the same force and effect as if in original paper format; and (c) provide for the use of electronic signatures in an approved electronic court system.

Comments on proposed Rule 1:32-2A should be sent by May 1, 2013 to Hon. Glenn A. Grant, Acting Administrative Director of the Courts, Administrative Office of the Courts, Hughes Justice Complex, P.O. Box 037, Trenton, New Jersey 08625-0037. Comments may also be submitted by email to Comments.Mailbox@judiciary.state.nj.us.

The Court will not consider any comments submitted anonymously. Thus, those submitting comments by mail should include their name and address and those submitting comments by email should include their name and email address. Comments submitted may be subject to public disclosure after the Court has acted on the proposed rule.

Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: March 27, 2013

1:32-2A. Electronic Court Systems, Electronic Records, Electronic Signatures

(a) Authorization of Electronic Court Systems. The Administrative Director of the Courts, with the approval of the Chief Justice, may develop and implement electronic court systems, including applications or systems for the purpose of electronic filing, electronic record keeping, or electronic indexing of data and documents.

(b) Force and Effect of Data and Documents Submitted or Maintained Electronically.Data and documents, whether originating in paper or digital form, submitted electronically to the clerks of court or maintained electronically by the clerks of court in a system or application authorized pursuant to this rule shall have the same force and effect as data and documents maintained by the clerks of court in paper form.

(c) Electronic Signatures. Where an electronic system or application has been authorized pursuant to this rule, and where the system or application is secured by an authentication method in accordance with the protocols established and approved by the Administrative Director of the Courts, an electronic signature shall have the same force and effect as an original handwritten signature. Once submitted to the clerk of court, an electronically signed document shall not be deleted or altered in any manner without court order for good cause shown.

Note: New rule adopted , 2013 to be effective , 2013.