Current through Register Vol. 46, No. 12, March 20, 2024
(a) Application. On consent, documents may be
filed and served by electronic means in the New York City Civil Court ("Civil
Court") in such actions and in such counties as shall be authorized by order of
the Chief Administrator of the Courts and only to the extent and in the manner
provided in this section ; except that in an action brought by a provider of
health services specified in section
5102(a)(l) of the
Insurance Law against an insurer for failure to comply with rules and
regulations promulgated by the Superintendent of Insurance pursuant to section
5108(b) of such law, the Chief Administrator of the Courts may eliminate the
requirement of consent pursuant to section 2111 (b)(2)(C) of the
CPLR.
(b) Electronic filing in
actions in the Civil Court.
(1) Except as
otherwise provided in this section, 22 NYCRR section
202.5 -b,
and section
202.5 -bb
where applicable, shall apply to all actions in which electronic filing is
authorized in the Civil Court. References in sections
202.5 -b
and 202.5-bb to the Chief Clerk of the Supreme Court, or the clerk of a court
shall be deemed to mean, where relevant, the Chief Clerk of the Civil Court and
references in such section to the CPLR shall be deemed to include, where
relevant, the New York City Civil Court Act and Real Property Actions and
Proceedings Law.
(2) Commencing an
action by electronic means.
(i) Except as
otherwise provided in subdivision (a) of this section, a party may commence any
action in the Civil Court in any county (provided that e-filing has been
authorized in that county and in the class of actions to which that action
belongs pursuant to subdivision (a) of this section) by electronically filing
the initiating documents with the clerk of the court through the NYSCEF
site.
(ii) Documents that are
electronically filed to commence an action in compliance with this section
shall be deemed filed with the Clerk of the Civil Court in the county in which
the action is brought for purposes of section 400 of the New York City Civil
Court Act upon the date of receipt of those documents by the NYSCEF site,
together with the payment of any required fee.
(iii) No later than the close of business on
the business day following the date on which the initiating documents are
electronically filed to commence an action pursuant to subparagraph (ii) of
this paragraph, a confirmation notice shall be transmitted electronically by
the NYSCEF site to the person filing such documents. The notice shall contain a
link to a copy of the initiating documents to which shall be affixed an index
number for the matter and a filing stamp showing the date of filing of the
documents and to which there may also be affixed, as the court may require, an
image of the signature of the Chief Clerk. This notice will satisfy the
requirement in section 400(1) of the New York City Civil Court Act that the
clerk return a copy of the filing to the party.
(iv) Where a summary proceeding under Article
7 of the Real Property Actions and Proceedings Law involving residential
property is commenced electronically, NYSCEF shall provide the petitioner with
the option, in lieu of submitting a stamped postcard containing the written
notice required by section
208.42(i)
of these rules, of having the clerk of the court mail such notice to the
respondent or, if there be more than one respondent, to all of them. If the
petitioner selects this option, the clerk shall charge the petitioner the cost
of postage and a processing fee.
(3) E-filing in an action after commencement.
Except as otherwise provided in subdivision (a) of the section, after
commencement of an action wherein e-filing is authorized, documents may be
electronically filed by, and electronically served by and upon, parties who
have consented thereto. Consent shall be obtained, and such e-filing shall be
conducted as provided in 22 NYCRR section
202.5
-b(b)(2).
(c) Service of
documents.
(1) A person seeking to obtain
personal jurisdiction over a person named as a party to an action specified in
subdivision (a) of this section may serve the opposing party in hard copy, or
by electronic means if the opposing party agrees to accept such service, in
accordance with the CPLR or the New York City Civil Court Act.
(2) Where an action is commenced by
electronic filing pursuant to this section, the original proof of service
required by section 409 of the New York City Civil Court Act shall be filed
with the Clerk of the Court in the county in which the action was commenced by
filing with the NYSCEF site. Service is deemed complete for the purposes of
section 410(b) of the New York City Civil Court Act upon receipt of the
electronic proof of service by the electronic filing address NYSCEF site. In a
summary proceeding to recover possession of real property, commenced
electronically in accordance with this section, only the proof of service needs
to be e-filed. The initial e-filing of the Notice of Petition or Signed Order
to Show Cause, at the time of the commencement of the action, satisfies the
requirement in 208.42 (h) to return the original of those documents to the
Clerk of the Court with proof of service.
(3) Service of documents after commencement
of an e-filed action shall be made as provided in 22 NYCRR section
202.5 -b
(f) (2), and 202.5-bb(c)(1), where applicable. When an e-filing party serves a
document in hard copy on a non-participating party, the document served shall
be a true copy of the e-filed document and shall bear full signatures of all
signatories. Proof of such service shall be filed electronically.
(d) Official Record; Maintenance
of Files; Working Copies.
(1) When a document
has been filed electronically pursuant to this section, the official record
shall be the electronic recording of the document stored by the NYSCEF system.
The clerk or his or her designee may scan and e-file documents that were filed
in hard copy in an action subject to e-filing or maintain those documents in
hard copy form.
(2) Parties
participating in e-filing shall not be required to submit working copies of
documents filed electronically.