Current through Register Vol. 46, No. 39, September 25, 2024
(a) Index Number; Form; Label
The party causing the first paper to be
filed shall obtain an index number and communicate it 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. 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 a 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. 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.
(b) Omission or Redaction of
Confidential Personal Information in Civil Actions and Proceedings.
(1) Except for any action or
proceeding arising under the Vehicle and Traffic Law, or prosecution of a
violation of an ordinance of a city, town or village, or in a petition for
change of name under the Civil Rights 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; and
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.
(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 information 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
one hundred
five of the civil practice law and rules. In the event
the defendant appears in such an action the defendant may without leave of
court submit papers disclosing full account numbers to the extent necessary to
ensure that an order or judgment issued by the court contains proof
satisfactory to a credit reporting agency. 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) submitting such amended paper to the court on written
notice to defendant for in camera review or (ii) filing such full account or
other CPI under seal in accordance with rules promulgated by the chief
administrator of the courts.
