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8.4.14 SIGNATURE

The rules of the United States Supreme Court do not specifically require that attorneys sign briefs (although certificates of service must be signed). Rule 34.3 requires that the body of every document (i.e., information before any certificate of service or appendix) “shall bear at its close the name of counsel of record.”

Although other courts have traditionally required a signature, that practice is changing with the rise of electronic service.

The Third Circuit’s Local Appellate Rule 46.4 provides that “[a]ll documents, motions and briefs must be signed by an attorney or by a party appearing pro se. Electronically filed documents must be signed with either an electronic signature or ‘s/typed name.’ ” Likewise, Local Rule 28.4 specifies that “[e]lectronic briefs may be signed with either an electronically generated signature or ‘s/ typed name’ in the signature location. Counsel’s state bar number, if any, and address and phone number must be included with the signature.”

Unless rules specify otherwise, you should presume that a handwritten signature is required with a document filed in hard copy. Whether your signature is manual or electronic, you should include the phrase “Respectfully submitted” before the signature line.

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Source: Beazley Mary Beth. A Practical Guide to Appellate Advocacy. Fifth Edition. — Wolters Kluwer Law,2018. — 475 p.. 2018
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