IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
IN RE: ELECTRONIC SIGNATURES AND
CONFLICT WITH FEDERAL RULE OF CRIMINAL STANDING ORDER 2024-02
PROCEDURE 62(d)(2)
WHEREAS, on March 30, 2020, this Court entered Standing Order 2020-07, in response
to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which in part
authorized, under certain circumstances and with the defendant’s consent, the use of video and
telephone conferencing for various criminal cases during the COVID-19 emergency; and
WHEREAS, Standing Order 2020-07 provides in relevant part: “[W]here a defendant’s
signature is required, either defense counsel or the presiding judge may sign on the defendant’s
behalf if the defendant, after an opportunity to consult with counsel, consents;” and
WHEREAS, the use of video and teleconferencing under the CARES Act ended on May
10, 2023; and
WHEREAS, by and through Standing Order 2023-02, this Court rescinded most of its
COVID-19 protocols, returning to its pre-COVID 19, ordinary course of operations; and
WHEREAS, Standing Order 2023-02, however, maintained the Court’s COVID-19
protocol regarding “the expanded use of electronic signatures, as initially set out in Standing Order
2020-07;” and
WHEREAS, Federal Rule of Criminal Procedure 62 (“Rule 62”), “Criminal Rules
Emergency,” became effective on December 1, 2023; and
WHEREAS, Section (d)(2) of Rule 62 permits defense counsel, upon a defendant’s
consent, to sign for a defendant where “emergency conditions limit a defendant’s ability to sign .
. .;” and
WHEREAS, the continued use of electronic signatures absent any emergency conditions
under Standing Order 2023-02 conflicts with Section (d)(2) of Rule 62; accordingly
IT IS ORDERED, effective immediately, and consistent with Rule 62, the Court rescinds
Standing Order 2023-02, only to the extent that it allows electronic signatures absent any existing
emergency conditions.
Date: April 3, 2024 _____________________
Hon. Renée Marie Bumb
Chief United States District Judge
