New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle A - JUDICIAL ADMINISTRATION
Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS
Part 202 - Uniform Civil Rules for the Supreme Court and the County Court
Section 202.5 - Papers Filed in Court
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 202.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Index Number; Form; Label.
(1) The party
filing the first paper in an action, upon payment of the proper fee, shall
obtain from the county clerk an index number, which shall be affixed to the
paper. The party causing the first paper to be filed shall communicate in
writing the county clerk's index number forthwith to all other parties to the
action. Thereafter such number shall appear on the outside cover and first page
to the right of the caption of every paper tendered for filing in the action.
Each such cover and first page also shall contain an indication of the county
of venue and a brief description of the nature of the paper and, where the case
has been assigned to an individual judge, shall contain the name of the
assigned judge to the right of the caption. In addition to complying with the
provisions of CPLR 2101, every paper filed in court shall have annexed thereto
appropriate proof of service on all parties where required, and if typewritten,
shall have at least double space between each line, except for quotations and
the names and addresses of attorneys appearing in the action, and shall have at
least one-inch margins. In addition, every paper filed in court, other than an
exhibit or printed form, shall contain writing on one side only, except that
papers that are fastened on the side may contain writing on both sides, and
shall contain print no smaller than 12-point, or 8 1/2 x 11 inch paper, bearing
margins no smaller than one inch. The print size of footnotes shall be no
smaller than 10 point. Papers that are stapled or bound securely shall not be
rejected for filing simply because they are not bound with a backer of any
kind.
(2) Unless otherwise directed
by the court, each electronically-submitted memorandum of law, affidavit and
affirmation, exceeding 4500 words, which was prepared with the use of a
computer software program, shall include bookmarks providing a listing of the
document's contents and facilitating easy navigation by the reader within the
document.
(b) Submission of papers to judge.
All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity. All papers for any judge that are filed in the clerk's office shall be promptly delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge's name and the name of the attorney or party submitting them.
(c) Papers filed to commence an action or special proceeding.
For purposes of CPLR 304, governing the method of commencing actions and special proceedings, the term clerk of the court shall mean the county clerk. Each county clerk, and each chief clerk of the Supreme Court, shall post prominently in the public areas of his or her office notice that filing of papers in order to commence an action or special proceeding must be with the county clerk. Should the county clerk, as provided by CPLR 304, designate a person or persons other than himself or herself to accept delivery of the papers required to be filed in order to commence an action or special proceeding, the posted notice shall so specify.
(d)
(1) In accordance with CPLR 2102(c), a County
Clerk and a chief clerk of the Supreme Court or County Court, as appropriate,
shall refuse to accept for filing papers filed in actions and proceedings only
under the following circumstances or as otherwise provided by statute, Chief
Administrator's rule or order of the court:
(i) The paper does not have an index
number;
(ii) The summons,
complaint, petition, or judgment sought to be filed with the County Clerk
contains an "et al.'' or otherwise does not contain a full
caption;
(iii) The paper sought to
be filed with the County Clerk is filed in the wrong court;
(iv) The paper is not signed in accordance
with section
130-1.1 -a of the Rules of the
Chief Administrator; or
(v) The
paper sought to be filed:
(A) is in an action
subject to electronic filing pursuant to Rules of the Chief
Administrator,
(B) is not being
filed electronically, and either
(C) is not being filed by an unrepresented
litigant who is not participating in e-filing, or
(D) does not include the notice required by
paragraph (1) of subdivision (d) of section
202.5 -b of such Rules.
(2) A county clerk or
chief clerk shall signify a refusal to accept a paper by use of a stamp on the
paper indicating the date of the refusal and by providing on the paper the
reason for the refusal.
(e) Omission or redaction of confidential personal information.
(1)
Except in a matrimonial action, or a proceeding in surrogate's court, or a
proceeding pursuant to article 81 of the mental hygiene law, or as otherwise
provided by rule or law or court order, and whether or not a sealing order is
or has been sought, the parties shall omit or redact confidential personal
information in papers submitted to the court for filing. For purposes of this
rule, confidential personal information ("CPI") means:
i. the taxpayer identification number of an
individual or an entity, including a social security number, an employer
identification number, and an individual taxpayer identification number, except
the last four digits thereof;
ii.
the date of an individual's birth, except the year thereof;
iii. the full name of an individual known to
be a minor, except the minor's initials;
iv. a financial account number, including a
credit and/or debit card number, a bank account number, an investment account
number, and/or an insurance account number, except the last four digits or
letters thereof; and
v. any of the
documents or testimony in a matrimonial action protected by Domestic Relations
Law section 235 or evidence sealed by the court in such an action which are
attached as exhibits or referenced in the papers filed in any other civil
action. For purposes of this rule, a matrimonial action shall mean: an action
to annul a marriage or declare the nullity of a void marriage, an action or
agreement for a separation, an action for a divorce, or an action or proceeding
for custody, visitation, writ of habeus corpus, child support, maintenance or
paternity.
(2) The
court sua sponte or on motion by any person may order a party
to remove CPI from papers or to resubmit a paper with such in formation
redacted; order the clerk to seal the papers or a portion thereof containing
CPI in accordance with the requirement of 22 NYCRR §
216.1 that any sealing be no
broader than necessary to protect the CPI; for good cause permit the inclusion
of CPI in papers; order a party to file an unredacted copy under seal for in
camera review; or determine that information in a particular action is not
confidential. The court shall consider the pro se status of
any party in granting relief pursuant to this provision.
(3) Where a person submitting a paper to a
court for filing believes in good faith that the inclusion of the full
confidential personal information described in subparagraphs (i) to (iv) of
paragraph (1) of this subdivision is material and necessary to the adjudication
of the action or proceeding before the court, he or she may apply to the court
for leave to serve and file together with a paper in which such information has
been set forth in abbreviated form a confidential affidavit or affirmation
setting forth the same information in unabbreviated form, appropriately
referenced to the page or pages of the paper at which the abbreviated form
appears.
(4) The redaction
requirement does not apply to the last four digits of the relevant account
numbers, if any, in an action arising out of a consumer credit transaction, as
defined in subdivision (f) of section
105 of the civil practice law and rules. In
the event the defendant appears in such an action and denies responsibility for
the identified account, the plaintiff may without leave of court amend his or
her pleading to add full account or CPI by (i) or (ii) filing such full account
or other CPI under seal in accordance with rules promulgated by the chief
administrator of the courts.
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