Tuesday, 28 December 2010

E-signed and e-delivered, but not e-sealed?

Signed, sealed and delivered is more than a Stevie Wonder song, it represents the attestation of an action or record of a court dating back centuries. Technology, however, has outpaced the days of wax and impressions. For that reason, several state legislatures have have had to go back and change the laws of their states to allow their courts more latitude. legislatures in Oklahoma (HB 2253 of 2004), Iowa (HB 579 of 2009), and Michigan (SB 720 of 2010) all authorized all courts in their state to e-seal. Texas in 2007 (SB 229) gave its district court the authority to create a seal electronically, thus allowing the courts to transfer, store, and locate documents with greater efficiency.

This year, Nevada enters into the e-seal fray. SB 6 authorizes the electronic reproduction of the seal of a court (current law requires either impressing the seal on the document or impressing the seal on a substance attached to the document). The bill is currently pending in the Senate Committee on Judiciary.

Cross-posted at Gavel to Gavel blog

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