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Unusual Signatures for Other Counsel

The Utah Administrative Procedures for electronic filing specify the way to denote the signature of other counsel on motions or stipulations. Two recent filings show those instructions may be confusing. The instructions require (i) /s/ and the typed name of the other attorney; (ii) a description of the reason justifying the signature; and (iii) an elecronic signature or /s/ and the typed name of the filing attorney:

Signatures of Other Attorneys. When a document to be filed requires the signature of attorneys other than that of the filing attorney, such as a stipulation, the attorney may obtain approval from any other attorney to state that the other attorney has authorized the filing attorney to electronically sign the document. Such approval shall be indicated by any of the following:

a. Verbal Approval for Electronic Signature
/s/ Other Attorney
(Signed by Filing Attorney with permission of Plaintiff Attorney)
Electronic Signature or /s/ Filing Attorney

b. Approval by Signature. The filing attorney may obtain and maintain a paper copy of the document signed by the other attorney. Possession of a signed copy shall be indicated as follows:
/s/ Other Attorney
(Signed copy of document bearing signature of Other Attorney is being maintained in the ofice of the Filing Attorney)
Electronic Signature or /s/ Filing Attorney

Both recent filings omit the signature of the filing attorney which attests to the parenthetical reason for attachment of another attorney's signature.

The first example shows the instructions taken literally, with the words "Other Attorney appearing on the signature line, rather than the name of the other attorney.

The second example shows the name of the other attorney below the line on which it should appear.

Full post as published by Utah District Court Blog on March 25, 2009 (boomark / email).