THE COURTS

Title 231--RULES
OF CIVIL PROCEDURE

PART I. GENERAL

[231 PA. CODE CH. 100]

Amendment of Rule 76 to Provide for Computer Generated Signatures; Proposed Recommendation No. 202

[35 Pa.B. 2602]

   The Civil Procedural Rules Committee proposes that Rule of Civil Procedure 76 governing definitions be amended as set forth herein. The proposed recommendation is being submitted to the bench and bar for comments and suggestions prior to its submission to the Supreme Court of Pennsylvania.

   All communications in reference to the proposed recommendation should be sent not later than June 1, 2005 to:

Harold K. Don, Jr.,
Counsel
Civil Procedural Rules Committee
5035 Ritter Road, Suite 700
Mechanicsburg, Pennsylvania 17055
 
or E-Mail to
civil.rules@pacourts.us

   The Explanatory Comment which appears in connection with the proposed recommendation has been inserted by the Committee for the convenience of the bench and bar. It will not constitute part of the rules of civil procedure or be officially adopted or promulgated by the Court.

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART I. GENERAL

CHAPTER 100. RULES OF CONSTRUCTION

Rule 76. Definitions.

   The following words and phrases when used in [any rule promulgated by the Supreme Court under the authority of Article V, Section 10(c) of the Constitution of 1968, or of any Act of Assembly,] the Rules of Civil Procedure shall have the following meanings, respectively, unless the context clearly indicates otherwise or the particular word or phrase is expressly defined in the chapter in which the particular rule is included:

*      *      *      *      *

   ''signature,'' includes

   (1)  mark when the individual cannot write, the individual's name being written near it, and witnessed by another who writes his or her own name,

   (2)  when used in reference to documents generated by a court of the Unified Judicial System, a handwritten signature, a copy of a handwritten signature, a computer generated signature or a signature created, transmitted, received, or stored by electronic means, by the signer or by someone with the signer's authorization unless otherwise provided in these rules.

*      *      *      *      *

Explanatory Comment

   The Administrative Office of Pennsylvania Courts is implementing a statewide system of automated court management. That system generates documents which may contain computer generated signatures. Rule 76 presently defines the term ''signature'' to include ''a mark when the individual cannot write'' and gives no guidance with respect to computer generated signatures.

   It is proposed that Rule 76 be amended to facilitate the filing of documents generated by the courts of the Unified Judicial System by authorizing the signature on such documents to be an original signature, a copy of a signature, a computer generated signature or an electronic signature. The proposed rule incorporates the definition of signature in Rule of Criminal Procedure 103.

By the Civil Procedural Rules Committee

R. STANTON WETTICK, Jr.,   
Chair

[Pa.B. Doc. No. 05-828. Filed for public inspection April 29, 2005, 9:00 a.m.]

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