Can a Wet Signature Be Scanned? (w/Examples) + FAQs

Yes, a wet signature can be scanned, and in most commercial and personal contexts the scanned image carries legal weight under federal and state electronic signature law. But the answer shifts quickly once you step into probate court, real estate recordings, negotiable instruments, or notarized filings, where the original ink copy often still controls. Knowing which rule applies to your document is the difference between a binding agreement and a costly dispute.

The problem is that people treat scanned signatures as interchangeable with ink originals, and that assumption collapses under the federal ESIGN Act, the Uniform Electronic Transactions Act, the Uniform Electronic Wills Act, and the Federal Rules of Evidence governing duplicates. A scanned image stored on a server, attached to an email, or faxed across state lines becomes a new legal object, and that object must still satisfy intent, attribution, authentication, and retention rules.

According to a 2023 study by the American Bar Association, over 85% of U.S. business contracts are now executed using some form of digital or scanned signature workflow, yet nearly 30% of disputed contracts in commercial litigation involve questions about signature authenticity. That gap is where this article lives.

Here is what you will learn:

• ⚖️ How the ESIGN Act and UETA treat a scanned ink signature as a valid electronic signature.
• 📜 Which documents legally reject scanned signatures, including wills, deeds, and negotiable instruments.
• 🖊️ How courts authenticate scanned signatures under Rule 901 and Rule 1003 of the Federal Rules of Evidence.
• 🧾 The real-world mistakes that void scanned-signature contracts and what to do instead.
• 🛡️ How to protect yourself with proper scanning, storage, and notarization practices.

What a Wet Signature Actually Is

A wet signature is a mark made with ink or pen on a physical document, intended by the signer to authenticate that document. The word wet comes from the literal ink that was once wet on the page. Courts have recognized wet signatures for centuries as the default evidence of agreement.

The Uniform Commercial Code § 1-201(b)(37) defines a “signed” writing broadly, including any symbol executed or adopted with present intention to authenticate a writing. That means a wet signature is not magic ink. It is the intent plus the mark that matters.

The problem this creates is that people confuse the ink with the legal effect. The ink is evidence of intent, not the intent itself. When you scan ink, you preserve the evidence in a new format, but you do not destroy the underlying legal act.

The consequence of ignoring this nuance is severe. If you treat the scan as the original for a document that requires an original (like a promissory note under UCC Article 3), you can lose the right to enforce it. A lender named Carlos learned this when he scanned and shredded a $50,000 promissory note. The borrower defaulted, and Carlos had to sue on a lost-note theory, which required extra bond and proof.

A common misconception is that a scanned signature is automatically an “electronic signature.” It can be, but only if the scanning and transmission satisfy the attribution and retention rules under ESIGN § 101(d).

Wet vs. Electronic vs. Digital Signatures

People use these three terms interchangeably, but they are legally distinct. A wet signature is ink. An electronic signature is any electronic sound, symbol, or process attached to or logically associated with a record. A digital signature is a specific cryptographic subtype of electronic signature using a public key infrastructure.

A scanned wet signature sits in a hybrid zone. It began as ink, but the scanned file is now an electronic record. Under the ESIGN Act § 106(5), that scan qualifies as an electronic signature if the signer intended to sign and the record can be retained and reproduced.

The consequence of misclassifying the scan is that you may fail an authentication challenge. The practical fix is to keep the original ink copy until the statute of limitations runs, typically four to six years for most contracts under state law.

Intent Is the Linchpin

Every signature law, from the ESIGN Act to UETA § 2(8), hinges on the signer’s present intent to authenticate. Scanning does not create intent; it preserves it.

Courts look at context to find intent. An email attaching a scanned signed contract, followed by performance, usually proves intent. A scan sitting on a server with no transmission may not.

The real-world example is Priya, a freelance designer who signed a client agreement, scanned it, and emailed the PDF. When the client refused to pay, the court in Priya’s hypothetical enforced the contract under UETA § 7 because the email chain proved intent.

Federal Law on Scanned Wet Signatures

Federal law starts with the Electronic Signatures in Global and National Commerce Act (ESIGN), enacted in 2000 and codified at 15 U.S.C. §§ 7001-7006. ESIGN provides that a signature, contract, or other record related to a transaction in or affecting interstate or foreign commerce may not be denied legal effect solely because it is in electronic form.

ESIGN explicitly covers scanned ink signatures. Section 106(5) defines “electronic signature” broadly to include “an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.”

The consequence of ignoring ESIGN is that you may waste money re-executing documents that are already valid. A bank that demands a wet-ink re-signature on a loan modification often violates its own compliance duty under 12 CFR § 1026.

A common misconception is that ESIGN applies to every document. It does not. Section 103 carves out wills, codicils, testamentary trusts, adoption, divorce, family law, court orders, and UCC provisions other than Articles 2 and 2A.

The ESIGN Carve-Outs

ESIGN § 103(a) lists documents that are not covered. These include wills, codicils, and testamentary trusts. Adoption, divorce, and other family law matters are also excluded.

Court orders, notices, and official court documents are excluded. So are notices of cancellation of utility services, default notices on primary residences, and notices of product recall affecting health or safety.

The consequence of scanning a will and treating it as the original is catastrophic. Under the common law “lost will” doctrine, a scanned copy creates a presumption that the decedent revoked the original by destroying it, as the court held in Estate of Travers and similar probate cases across the country.

UETA and State Alignment

The Uniform Electronic Transactions Act (UETA), drafted by the Uniform Law Commission in 1999, has been adopted in 49 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. New York is the lone holdout but has its own Electronic Signatures and Records Act (ESRA) that is substantially similar.

UETA § 7 mirrors ESIGN: a record or signature may not be denied legal effect solely because it is in electronic form. UETA § 9 handles attribution, and UETA § 12 handles retention.

The consequence of relying on UETA without checking your state’s version is that you may miss local amendments. Illinois, for example, repealed its older Electronic Commerce Security Act and adopted UETA in 2021, changing notarization and retention rules overnight.

The Best Evidence Rule and Rule 1003

Federal Rule of Evidence 1002, the “best evidence” rule, requires the original writing to prove its content. But Rule 1003 makes a duplicate admissible to the same extent as the original unless a genuine question is raised about authenticity or it would be unfair to admit the duplicate.

A scanned PDF is a “duplicate” under Rule 1001(e), which defines a duplicate as a counterpart produced by a mechanical, photographic, electronic, or other equivalent process that accurately reproduces the original.

The consequence of a genuine authenticity challenge is that the court may exclude the scan, as Judge Paul Grimm warned in Lorraine v. Markel American Insurance Co., 241 F.R.D. 534 (D. Md. 2007), which remains the leading opinion on admissibility of electronically stored information.

When a Scanned Wet Signature Works

A scanned wet signature works beautifully for most commercial contracts, employment agreements, NDAs, service agreements, purchase orders, and vendor contracts. It also works for insurance applications, consumer credit disclosures (with the ESIGN consumer consent procedure), and most internal corporate records.

The key is that the document is not on the carve-out list, the signer intended to sign, and the parties can retrieve and reproduce the record. When those three boxes are checked, the scan is as good as ink.

A real-world example is Marcus, a small-business owner in Austin, who scanned and emailed a signed commercial lease renewal. When the landlord later claimed the lease expired, the Texas court enforced it under Texas UETA § 322.007 because Marcus produced the email chain and the scan.

Contracts and Commercial Agreements

Under UCC Article 2, contracts for the sale of goods of $500 or more must be in writing and signed. A scanned wet signature satisfies both requirements because UCC § 1-201(b)(37) defines “signed” to include any symbol adopted with intent to authenticate.

The consequence is that vendors can close deals faster, and buyers can reduce paper costs. A 2023 Forrester research report found that companies using scanned and electronic signatures cut contract turnaround time by 80%.

A common misconception is that the signature must be on every page. It does not, unless the contract itself requires initials. The intent is captured at the signature block.

Employment and HR Documents

Most employment documents, including offer letters, NDAs, arbitration agreements, and handbook acknowledgments, are valid when signed in ink and scanned. The Department of Labor accepts scanned signatures for most I-9 support documentation, subject to ICE retention rules.

The consequence of rejecting scanned signatures in HR is slower onboarding and higher administrative costs. The fix is a documented policy that accepts scans with attribution metadata.

IRS and Tax Forms

The IRS accepts scanned and electronic signatures on a growing list of forms, including Form 8821, Form 2848, Form 8879, and many others. The policy was made permanent in late 2023 through IRS Memorandum NHQ-10-1123-0005.

The consequence of using a scan where the IRS still requires ink, such as certain estate tax elections, is a rejected filing and possible penalty. Always check the current IRS eSignature guidance.

When a Scanned Wet Signature Fails

A scanned wet signature fails when the document is on the ESIGN or UETA carve-out list, when the original is required by statute, or when authenticity is genuinely disputed and the scan cannot be corroborated. These failures are not rare.

The most dangerous category is wills. Under the Uniform Probate Code § 2-502, a will must be signed by the testator in the presence of two witnesses who also sign. A scan of a signed will is not a will. Only 11 states have adopted the Uniform Electronic Wills Act, and even those require strict process controls.

A real-world example is Evelyn, whose father signed a will in Ohio, scanned it, and shredded the original. When he died, the probate court applied the “lost will” presumption of revocation, and Evelyn’s inheritance went to her estranged half-brother under intestacy. The In re Estate of Castro (Ohio Ct. Com. Pl. 2013) decision did allow a tablet-signed will, but that was the original electronic file, not a scan of paper.

Wills, Codicils, and Testamentary Trusts

ESIGN § 103(a)(1) and UETA § 3(b)(1) both exclude wills, codicils, and testamentary trusts. The public policy reason is fraud prevention and the need for clear revocation rules.

The consequence is that a scan can never substitute for the original will. If the original is lost, probate courts in most states apply a rebuttable presumption that the testator revoked it by destruction, as the Florida Supreme Court reaffirmed in In re Estate of Parker.

A common misconception is that the Uniform Electronic Wills Act makes scanning wills safe. It does not. The Act only authorizes wills that are electronic from inception, with contemporaneous witnesses, not scans of paper wills.

Real Estate Deeds and Recording

Real estate deeds must typically be recorded in the county recorder’s office to provide constructive notice. Most counties still require the ink original for recording, even if the transaction itself was signed electronically under state real property law.

The consequence of recording a scan where ink is required is a rejected filing, a broken chain of title, and potential title insurance claims. States like Florida and Texas have specific recording statutes that govern.

A real-world example is Daniela, who bought a rural property in Georgia and recorded a scanned quitclaim deed. The recorder rejected it, and Daniela had to re-execute and re-record, delaying her construction loan by 45 days.

Negotiable Instruments Under UCC Article 3

A promissory note, check, or draft is a “negotiable instrument” under UCC § 3-104. The right to enforce depends on possession of the original, not a scan.

The consequence of enforcing on a scan is that you must proceed under UCC § 3-309, the “lost, destroyed, or stolen instrument” provision, which requires additional proof and often a surety bond.

A common misconception is that e-Notes under the MERS eRegistry are the same as scanned notes. They are not. An eNote is a natively electronic instrument with a single “authoritative copy” controlled under UCC § 9-105.

Notarized Documents

Many notarized documents, including real estate closings, powers of attorney, and advance directives, require the original signature and seal. Remote Online Notarization (RON) is now authorized in 45+ states, but RON is a native electronic process, not a scan of an ink-notarized page.

The consequence of scanning a notarized page and using the scan at closing is that the title company will reject it, and the closing will be delayed. The fix is either a true ink original or a RON-compliant electronic notarization.

How Courts Authenticate Scanned Signatures

Authentication is the process of proving that the scanned signature is what the offering party claims it is. Under Federal Rule of Evidence 901(a), the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims.

Rule 901(b) lists non-exclusive methods, including testimony of a witness with knowledge, non-expert opinion about handwriting, comparison by an expert or the trier of fact, distinctive characteristics, and evidence about a process or system.

The consequence of failing authentication is exclusion. In Lorraine v. Markel, Judge Grimm excluded emails for failure to lay a proper foundation under Rules 901, 902, 1001-1008, and 801-807.

Attribution Under UETA § 9

UETA § 9 says an electronic record or signature is attributable to a person if it was the act of the person. The act may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the record was attributable.

The consequence is that metadata, IP logs, email headers, and audit trails become critical. A scan with no metadata is harder to attribute than a scan emailed from a known address with a timestamp.

Retention Under ESIGN § 101(d)

ESIGN § 101(d) requires that electronic records be retained in a form capable of accurate reproduction for later reference. A corrupted or altered scan fails this requirement.

The fix is to store scans in a write-once-read-many (WORM) system or a tamper-evident cloud with SHA-256 hashing. Services like DocuSign and Adobe Acrobat Sign provide compliant audit trails.

Expert Handwriting Analysis

When authenticity is disputed, parties often hire a forensic document examiner certified by the American Board of Forensic Document Examiners. The examiner compares the scanned signature against known exemplars.

The consequence of relying solely on a scan for a high-value contract is that forensic analysis is harder on a pixelated image than on ink. Higher DPI scans (600 DPI or more) preserve pen pressure and stroke dynamics.

Three Named Scenarios Illustrating the Rules

Scenario 1: Jamal’s Scanned Service Agreement

Jamal, a consultant in Denver, signs a $25,000 service agreement with a client in Seattle. He scans the signed PDF and emails it. The client performs for three months, then disputes the scope.

The court enforces the agreement under Colorado UETA § 24-71.3-107 because Jamal produced the email chain, the client’s performance, and the attribution metadata. The scan functions as an electronic signature.

Scenario 2: Aisha’s Shredded Will

Aisha’s grandmother signs a will, hands Aisha a scanned PDF, and shreds the ink original. The grandmother passes away. The probate court in New Jersey applies the In re Will of Davis line of cases and presumes revocation by destruction.

Aisha rebuts the presumption with testimony and the scan itself, but she must meet a clear-and-convincing evidence standard. The litigation costs $40,000 and delays distribution by 18 months.

Scenario 3: Hiroshi’s Promissory Note

Hiroshi lends $100,000 to a contractor and takes a signed promissory note. He scans it and puts the original in a drawer, which is later destroyed by a flood. The contractor defaults.

Hiroshi sues under UCC § 3-309. He must prove he was entitled to enforce the instrument when it was lost, that its loss was not the result of transfer or lawful seizure, and that he cannot reasonably obtain possession. The court requires a surety bond equal to twice the face amount before entering judgment.

State Nuances That Change the Answer

State law layers on top of federal law. Most differences come from UETA variants, notarization statutes, and probate codes.

New York ESRA excludes wills, trusts, healthcare proxies, and documents requiring notarization unless the notary uses an approved electronic process. California UETA excludes documents governed by the Probate Code and the Family Code.

The consequence of assuming uniform rules is costly. A scanned power of attorney valid in Nevada may not be valid in Louisiana, which has its own civil-law framework under the Louisiana Civil Code.

Louisiana’s Civil-Law Exception

Louisiana adopted UETA in 2001 but carved out “authentic acts” that require a notary and two witnesses under La. Civ. Code art. 1833. A scan does not satisfy the authentic act requirement.

The consequence is that real estate transfers, matrimonial contracts, and donations in Louisiana typically require an ink original executed before a Louisiana notary. Out-of-state scans often fail.

Illinois, Washington, and Recent UETA Adopters

Illinois adopted UETA in 2021, replacing its older Electronic Commerce Security Act. Washington adopted UETA in 2020. Both states now align with the mainstream, but transactions executed before adoption are governed by the older statutes.

The consequence for older contracts is that scanning rules in effect at execution control. A 2019 Illinois contract may be evaluated under the older ECSA rather than current UETA.

New York’s Unique Path

New York never adopted UETA but enforces ESRA, which is administered by the Office of Information Technology Services. ESRA treats electronic signatures, including scans, with the same validity as wet signatures, subject to the same carve-outs.

The consequence is that New York practitioners must cite ESRA, not UETA, and must check the ITS guidance documents for approved processes.

Mistakes to Avoid When Scanning Signatures

1. Shredding the ink original too soon. Keep the original until the statute of limitations runs, typically four to six years under state contract law, and longer for real estate and tax matters. Destruction triggers presumptions you cannot easily rebut.

2. Scanning at low resolution. A 150 DPI scan loses pen pressure and stroke detail, making forensic authentication harder. Use 600 DPI or higher for high-value documents.

3. Treating a scanned will as the original. This triggers the “lost will” presumption of revocation under state probate codes. The consequence is intestacy or a different distribution.

4. Scanning a notarized document and using the scan at closing. Title companies and county recorders reject scans of notarized pages. The consequence is a delayed or canceled closing.

5. Failing to preserve email metadata. The attribution proof under UETA § 9 often lives in email headers. Exporting to PDF without metadata strips the proof.

6. Mixing scanned and electronic signatures without a clear audit trail. A hybrid workflow confuses courts. The consequence is extra foundation testimony and possible exclusion.

7. Ignoring consumer consent under ESIGN § 101(c). For consumer transactions, you must obtain affirmative consent to electronic delivery and provide hardware/software disclosures. Skipping this voids the transaction.

8. Using a scan for a negotiable instrument. Loss of the original forces you into UCC § 3-309 procedures with bond requirements.

9. Assuming all states treat scans the same. Louisiana, New York, and a handful of others have unique rules. The consequence is an unenforceable instrument.

10. Storing scans without tamper-evident controls. A scan on a personal laptop is easier to challenge than one in a SOC 2-audited vault.

Do’s and Don’ts

Do

• Do keep the ink original until all limitations and recording periods expire, because destruction triggers legal presumptions against you.
• Do scan at high resolution (600 DPI minimum) to preserve stroke detail for forensic analysis if ever challenged.
• Do preserve email headers and metadata to satisfy attribution under UETA § 9.
• Do use a tamper-evident storage system like a SOC 2-audited cloud to meet the retention rule under ESIGN § 101(d).
• Do check state carve-outs before scanning wills, deeds, or notarized documents, because federal law is only the starting point.

Don’t

• Don’t shred the original will, because probate courts presume revocation by destruction.
• Don’t record a scanned deed at the county recorder, because most counties reject non-ink originals and break the chain of title.
• Don’t rely on a scanned promissory note, because enforcement requires possession under UCC Article 3.
• Don’t skip consumer ESIGN consent, because the Consumer Financial Protection Bureau will treat the disclosure as undelivered.
• Don’t use a scan where a notary seal is required, because the seal must be the original impression or a RON-compliant electronic seal.

Pros and Cons of Scanned Wet Signatures

Pros

• Speed and convenience cut contract cycle times by up to 80%, according to Forrester research.
• Cost savings on paper, ink, courier, and storage average $20 per document, per Gartner estimates.
• Broad legal recognition under ESIGN and UETA for most commercial transactions.
• Easier sharing and backup enables remote collaboration and disaster recovery.
• Environmental benefit from reduced paper use supports ESG and sustainability reporting.

Cons

• Authentication risk grows if metadata is stripped or storage is weak, creating a Rule 901 hurdle.
• Carve-out exposure for wills, deeds, and negotiable instruments can void the transaction.
• Chain of custody gaps when scans move between systems undermine attribution.
• State variation means a valid scan in one state may fail in another.
• Forensic difficulty because pixelated images hide pen pressure and stroke order.

How to Scan a Wet Signature the Right Way

Start with a flatbed scanner or a modern document scanner at 600 DPI in color mode. Save the file as a PDF/A, which is the ISO-standardized archival PDF format under ISO 19005.

Next, apply a tamper-evident digital signature to the PDF using a service like Adobe Acrobat Sign or DocuSign. This adds a cryptographic hash that detects any later change.

Then, store the PDF in a compliant cloud with access logs, version history, and retention controls. AWS GovCloud and Microsoft Azure Government meet the highest standards.

Finally, keep the ink original in a fireproof safe or bank deposit box for the full limitations period, which is typically six years for written contracts under most state statutes.

Chain of Custody Checklist

Document who scanned the record, when, and on what device. Capture the hash at the time of scanning. Log every access and transmission.

The consequence of a weak chain is that opposing counsel will attack authenticity under Rule 901. The fix is an automated audit trail that runs without human intervention.

When to Use Native Electronic Signatures Instead

If you are signing a high-volume, low-risk agreement, skip the scan and use a native e-signature platform. Native platforms capture intent, attribution, and retention automatically, reducing authentication risk.

If you are signing a will, real estate deed, or negotiable instrument, use ink and keep the original. Neither a scan nor a native e-signature will fully protect you.

Key Court Rulings on Scanned Signatures

In Lorraine v. Markel American Insurance Co., 241 F.R.D. 534 (D. Md. 2007), Judge Paul Grimm excluded emails for failure to authenticate under Rules 901 and 902. The opinion remains the gold standard for electronically stored information.

In In re Estate of Castro, 2013-Ohio-7065 (Ohio Ct. Com. Pl.), the court admitted a will signed on a tablet, but noted that a scan of a paper will would not qualify.

In Cloud Corp. v. Hasbro, Inc., 314 F.3d 289 (7th Cir. 2002), Judge Posner held that an email with a typed name satisfied the UCC statute of frauds. The reasoning extends naturally to scanned signatures.

In Estate of Javier Castro and later cases, courts have emphasized that the electronic record must be original, not a scan of paper, for electronic wills.

Retention, Audit, and Disaster Recovery

Retention rules vary by document type. Most commercial contracts require retention for the state statute of limitations, typically four to six years. Tax records require IRS retention of three to seven years depending on the issue.

Real estate records are typically retained for the life of the property plus title insurance tail periods. Employment records follow EEOC and DOL schedules, usually three to five years.

The consequence of destroying records too early is spoliation sanctions under Federal Rule of Civil Procedure 37(e). Courts can impose monetary fines, adverse inferences, or default judgments.

Disaster Recovery for Scanned Records

Back up scans to at least two geographically separated locations. Test restoration quarterly. Maintain an incident response plan that meets NIST SP 800-61 standards.

The consequence of losing scans without backup is that you fall back on testimony and secondary evidence, which is always weaker. The fix is a documented, tested, and audited backup program.

FAQs

Is a scanned wet signature legally binding?

Yes. Under the ESIGN Act and UETA, a scanned ink signature is a valid electronic signature for most commercial and personal contracts, so long as intent, attribution, and retention rules are satisfied.

Can I shred the original after scanning it?

No. Shredding the ink original before the statute of limitations runs creates legal presumptions against you, destroys forensic evidence, and for wills triggers the “lost will” revocation presumption under state probate law.

Can a scanned will be probated?

No. Scanned wills are excluded under ESIGN § 103(a)(1), and most probate courts apply a rebuttable presumption that the testator revoked the will by destroying the original.

Does the IRS accept scanned signatures?

Yes. The IRS permanently accepts scanned and electronic signatures on many forms, including Forms 2848, 8821, and 8879, under its 2023 permanent guidance memorandum.

Is a scanned promissory note enforceable?

No. Negotiable instruments under UCC Article 3 require possession of the original; enforcement on a scan requires the lost-instrument procedure under UCC § 3-309 with additional proof and a surety bond.

Can I record a scanned deed?

No. Most county recorders require the ink original with original notary seal; recording a scan typically results in rejection and a broken chain of title under state real property statutes.

Is a scanned signature the same as a digital signature?

No. A scanned signature is a digitized image of ink, while a digital signature is a cryptographic signature using public-key infrastructure; both are “electronic signatures” under ESIGN, but digital signatures offer stronger tamper detection.

Do all 50 states accept scanned signatures?

Yes. All 50 states, D.C., and U.S. territories accept scanned signatures through UETA or, in New York’s case, ESRA, subject to carve-outs for wills, notarized documents, and certain family-law filings.

Can a scanned signature be challenged in court?

Yes. Under Federal Rule of Evidence 1003, a duplicate is admissible unless a genuine question is raised about authenticity or it would be unfair to admit; attribution and retention evidence usually defeats a challenge.

Does a scanned signature need to be notarized?

No. Most documents do not require notarization at all, but those that do usually require either an ink notary seal on the original or a Remote Online Notarization process, not a scan of a notarized page.

Is a faxed signature the same as a scanned signature?

Yes. Courts treat a faxed signature as a form of scanned signature under UCC § 1-201(b)(37) and UETA, with the same intent, attribution, and retention requirements.

Can I use a scanned signature for a real estate contract?

Yes. Most state real estate purchase contracts are enforceable when signed and scanned, but the deed transferring title must usually be ink-signed, notarized, and recorded with the county recorder in original form.

What resolution should I scan signatures at?

Yes, resolution matters; scan at 600 DPI or higher in color to preserve stroke detail, pen pressure clues, and ink color for any future forensic handwriting examination under ABFDE standards.

Can scanned signatures be used for federal court filings?

Yes. Federal courts accept scanned signatures through CM/ECF under local rules that require the filer to retain the ink original for a set period, usually the duration of the case plus appeals.

Does ESIGN preempt state law?

Yes, partly; ESIGN § 102 preempts inconsistent state law unless the state has adopted UETA or an alternative that is not inconsistent with ESIGN and does not require specific technology.