Current through Register Vol. 46, No. 12, March 20, 2024
(a) Application.
(1) Except where otherwise
required by statute, all documents filed and served in Supreme Court shall be
filed and served by electronic means in such classes of actions and such
counties as shall be specified by order of the Chief Administrator of the
Courts and only to the extent and in the manner prescribed in this section .
Except to the extent that this section shall otherwise require, the provisions
of section
202.5 -b of
these rules shall govern electronic filing under this section .
(2) Notwithstanding the
foregoing, the Chief Administrator shall not eliminate the requirement of
consent to participate in electronic filing in the following classes of cases:
(i) matrimonial actions as
defined by the civil practice law and rules;
(ii) election law proceedings;
(iii) proceedings brought
pursuant to article 70 or 78 of the civil practice law and rules;
(iv) proceedings brought
pursuant to the mental hygiene law;
(v) residential foreclosure actions
involving a home loan as such term is defined in section
1304 of the real property actions and
proceedings law other than actions commenced prior to September 1, 2017 in
Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties;
provided, however, the Chief Administrator may require that the initial filing
of papers required for the commencement of such actions in any county, where
made by a party represented by counsel, be electronically filed; and
(vi) proceedings related to
consumer credit transactions as defined in subsection (f) of section 105 of the
civil practice law and rules other than proceedings commenced prior to
September 1, 2017 in Erie, New York, Onondaga, Rockland and Westchester
Counties; provided, however, the Chief Administrator may require that the
initial filing of papers required for the commencement of such actions in any
county, where made by a party represented by counsel, be electronically
filed.
(b) Commencement of Actions Under this
Section.
(1) Mandatory
commencement in general. Except as otherwise provided in this section, every
action authorized by subdivision (a) of this section shall be commenced by
electronically filing the initiating documents with the County Clerk through
the NYSCEF site.
(2)
Emergency exception. Notwithstanding paragraph (1) of this subdivision, an
action otherwise required to be commenced electronically may or shall be
commenced by the filing of initiating documents in hard copy where permitted or
required by statute or court order, and may be so commenced provided such
documents are accompanied by the affirmation or affidavit of the filing
attorney or party stating that:
(i) the statute of limitations will
expire on the day the documents are being filed or on the following business
day; and
(ii) the
attorney, party or filing agent therefor is unable to electronically file such
documents because of technical problems with his or her computer equipment or
Internet connection. In the event a filer shall file initiating documents in
hard copy pursuant to this paragraph, each such document shall include the
notice required by paragraph (1) of subdivision (d) of section
202.5 -b of
these rules, and the filer shall file those documents with the NYSCEF site
within three business days thereafter. For purposes of this section, such an
action shall be deemed to have been commenced electronically.
(3) Service of
initiating documents. Personal service of initiating documents upon a party in
an action that must be commenced electronically in accordance with this section
shall be made as provided in Article 3 of the Civil Practice Law and Rules, or
the Real Property Tax Law, or by electronic means if the party served agrees to
accept such service. Such service shall be accompanied by a notice, in a form
approved by the Chief Administrator, advising the recipient that the action is
subject to electronic filing pursuant to this section. A party served by
electronic means shall, within 24 hours of service, provide the serving party
or attorney with an electronic confirmation that the service has been
effected.
(c) Filing and Service of Documents After
Commencement in Actions Under this Section.
(1) All documents to be filed and served
electronically. Except as otherwise provided in this section, filing and
service of all documents in an action that has been commenced electronically in
accordance with this section shall be by electronic means.
(2) Addition of parties after
commencement of action. Notwithstanding any other provision of this section, a
party to be added in an action that has been commenced electronically in
accordance with this section shall be served with initiating documents in hard
copy together with the notice specified in paragraph (3) of subdivision (b) of
this section. A proposed intervenor or other non-party who seeks relief from
the court in such an action shall make his or her application for such relief
by electronic means as provided by the NYSCEF system.
(3) Emergency exception; other
hard copy filings. Notwithstanding paragraph (1) of this subdivision, where
documents are required to be filed and served electronically in accordance with
such paragraph (1), such documents may nonetheless be filed and served in hard
copy where permitted by paragraph (1) of subdivision (d) of section
202.5 -b of
these rules. In the event a filer shall file and serve documents in hard copy
pursuant to this paragraph, each such document shall include the notice
required by paragraph (1) of subdivision (d) of section
202.5 -b,
and the filer shall, as required, file those documents with the NYSCEF site
within three business days thereafter.
(d) County Clerk and Clerk of
Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing
Is Required. As provided in section
202.5(d)(1)
of these Rules, a County Clerk and a Chief Clerk of Supreme Court, as
appropriate, shall refuse to accept for filing hard copies of documents sought
to be filed in actions where such documents are required to be filed
electronically.
(e)
Exemptions From the Requirement of Electronic Filing.
(1) Exemption of unrepresented litigants.
Notwithstanding the foregoing, an unrepresented litigant or a proposed
intervenor or other non-party seeking relief from the court who is
unrepresented is exempt from having to file and serve documents electronically
in accordance with this section. No such party shall be compelled, directly or
indirectly, to participate in e-filing. As to each unrepresented litigant, the
clerk shall explain his or her options for e-filing in plain language,
including the option for expedited processing, and shall inquire whether he or
she wishes to participate, provided however the unrepresented litigant may
participate in the e-filing program only upon his or her request, which shall
be documented in the case file, after he or she has been presented with
sufficient information in plain language concerning the program. Where an
unrepresented litigant chooses to participate in e-filing in accordance with
these rules, he or she may at any time opt out of such participation by
presenting the clerk of the court with a form so declaring.
(2) Exemption of represented
parties. Notwithstanding the foregoing, an attorney or a representative of a
property owner designated as such as provided in Real Property Tax Law §
730 ("small claims assessment filing agent"), shall be exempt from having to
file and serve documents electronically in accordance with this section upon
filing with the County Clerk and the clerk of the court in which the action is
or will be pending a form, prescribed by the Chief Administrator, on which the
attorney or small claims assessment filing agent certifies in good faith that
he or she:
(i) lacks the
computer hardware and/or connection to the Internet and/or scanner or other
device by which documents may be converted to an electronic format;
or
(ii) lacks the
requisite knowledge in the operation of such computers and/or scanners
necessary to comply with this section (for purposes of this paragraph, the
knowledge of any employee of an attorney, or any employee of the attorney's law
firm, office or business who is subject to such attorney's direction, shall be
imputed to the attorney).
(3) Exemption of counsel upon a showing
of good cause. Nothing in this section shall prevent a judge from exempting an
attorney from having to file and serve documents electronically in accordance
with this section upon a showing of good cause therefor.
(4) Procedures applicable to
exempt attorneys and small claims assessment filing agents. Where an attorney
or small claims assessment filing agent is exempt from having to file and serve
documents electronically in accordance with this section, he or she shall serve
and file documents in hard copy, provided that each such document shall include
the notice required by paragraph (1) of subdivision (d) of section
202.5 -b of
these rules. The County Clerk or the court, with the approval of the Chief
Administrator, may require an exempt attorney or small claims assessment filing
agent to submit an additional, unbound hard copy of documents being presented
in hard copy to the court.
(5) Procedures applicable to e-filing
attorneys and other persons.
In any action in which an attorney or other
person is exempt pursuant to this subdivision, all other attorneys, small
claims assessment filing agents, unrepresented litigants, proposed intervenors,
or others participating in e-filing and seeking relief from the court shall
continue to be required to file and serve documents electronically, except
that, whenever they serve documents upon a person who is exempt from having to
file and serve documents electronically in accordance with this section, they
shall serve such documents in hard copy, bearing full signatures, and shall
file electronically proof of such service.