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xavierjd
xavierjd, Attorney
Category: Legal
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Experience:  20+ yrs in criminal, landlord/tenant, family, & small claims
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I signed my second amended complaint digitally with adobe acrobat

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I signed my second amended complaint digitally with adobe acrobat electronic signature using a scanned image of my signature. But when I filed the document electronically through one legal the signature disappeared after they processes it and sent it to the clerk of the court. I tried to submit a signed copy again but the clerk rejected it as a duplicate filing. What should I do?
Thanks for using JustAnswer.com It will be my pleasure to assist you today.

What type of case is the second amended complaint for?

Thanks
Customer: replied 4 years ago.
Unlimited civil personal injury
Hi,

I want to look at something for you. I will be back asap with an answer.

Thanks for your patience.
Customer: replied 4 years ago.
Ok
Hi,

The California Code of Civil Procedure govern your question. CCP 1010.6 (2) states:

(2) (A) When a document to be filed requires the signature, not under penalty of perjury, of an attorney or a self-represented party, the document shall be deemed to have been signed by that attorney or self-represented party if filed electronically. (B) When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if a printed form of the document has been signed by that person prior to, or on the same day as, the date of filing. The attorney or person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or person filing the document shall maintain the printed form of the document bearing the original signature and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.The BEST thing to do is to actually go to the court and speak to the court administrator. However, based on the above court rule, you should take a copy of the printed document with your ACTUAL signature to the court. The document must be dated on the day that it was filed.

The Court MAY accept a copy with your original signature, OR if it won't accept it, then you need to keep a copy with your original signature in case the court or other party questions your filing.

You may also wish to print out a copy of the Second Amended Complaint, sign it, and send it to the Defendant. You can indicate that there was an error in the transmission of the filing such that your signature did NOT appear. You can indicate that the original was filed at the court on x date. Again, make sure that the document is dated on the day that it was filed.

Finally, if the document does NOT require the wording that it was "signed under penalty of perjury," then you need not worry about the lack of signature.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

Customer: replied 4 years ago.

This helps a lot, but does not answer my question. What should I do?

Hi Richard,

I'm glad that you found the information helpful. Please remember that experts on JA are prohibited from giving legal advice.

As stated in my previous answer, the California Code of Civil Procedure governs your question. CCP 1010.6 (2) states:

(2) (A) When a document to be filed requires the signature, not under penalty of perjury, of an attorney or a self-represented party, the document shall be deemed to have been signed by that attorney or self-represented party if filed electronically. (B) When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if a printed form of the document has been signed by that person prior to, or on the same day as, the date of filing. The attorney or person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or person filing the document shall maintain the printed form of the document bearing the original signature and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.

Therefore, so long as you printed out a copy of your Second Amended Complaint and signed it prior to or on the same date as the electronic filing, you should be fine. By the act of filing the Second Amended Complaint, you declare that you have complied with the Code.

You must keep the copy of your Second Amended Complaint with your original signature and make it available for review if it is requested by the court or any party.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Thank you for your business!

Xavierjd

Many customers have asked how they can specifically direct a question to me in the future. If you specifically want me to assist you in your legal matter, just put "xavierjd” in the subject line and I will gladly pick up the question as soon as I am on-line.

***Answers given are for informational purposes only and are not meant to replace the advice or assistance of an attorney licensed to practice law in your state. If you need any more information, please do not hesitate to ask. Thank you!

xavierjd and 5 other Legal Specialists are ready to help you
Hi Richard,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavier