Relates to electronic filing in civil proceedings in Nassau county

BILL NUMBER:S4833

Title of bill

An act to amend chapter 367 of the laws of 1999, amending the civil practice law and rules and the judiciary law relating to authorization of pilot programs permitting use of facsimile transmission or electronic means to commence an action or special proceeding, in relation to electronic filing in civil proceedings in Nassau county

This measure is being introduced at the request of the Chief Administrative Judge of the State.

Since 1999, when the State began its first experiment with e-filing in the courts (see L. 1999, c. 367), the Legislature has shown a strong commitment to expanding authority for use of e-filing in legal proceedings. This has been in recognition of the fact that e-filing in the courts continues to demonstrate that it can provide substantial benefits - including lower litigation costs and reduced access-to-justice barriers especially for solo practitioners, small firms and rural practice - without prejudicing rights or otherwise compromising the administration of justice. Indeed, as of this time, in the spring of 2013, the Legislature has granted the Chief Administrative Judge authority to permit e-filing ("consensual e-filing") in all categories of civil cases in Supreme Court, in Surrogate's Court, in the Court of Claims and in the NYC Civil Court{1}; and has granted the Chief Administrative Judge authority to require e-filing ("mandatory e-filing") in Supreme Court in NYC and in ten counties outside the City in a broad array of cases{2}, and in Surrogate's Court in any county{3} and in the NYC Civil Court in one class of cases. Further, the Legislature has authorized experiments in the use of e-filing in certain proceedings in criminal and Family Courts.

The instant measure provides a modest addition to the list of venues in which the Chief Administrative Judge may require e-filing in civil cases in Supreme Court: Nassau County. This addition is made with no change to existing statutory limitations on the Chief Administrative Judge's exercise of her power to require e-filing in Supreme Court. Most importantly, the local County Clerk must agree to use of mandatory e-filing in his or her county; mandatory e-filing is not to be required in matrimonial actions, Election Law proceedings, CPLR Article 78 proceedings and Mental Hygiene Law proceedings; and parties to proceedings in which mandatory e-filing is otherwise required can be excused from compliance under certain circumstances (e g., where a party is pro se or where he or she certifies an inability to e-file for reasons relating to unavailability of the requisite computer equipment or to want of computer skills).

We are advised that the Nassau County Clerk supports this measure and the use of e-filing in civil parts of Supreme Court in her county.

This measure would take effect immediately and would have no fiscal impact on the State.

Legislative History: None. New proposal.

{1} This authority to authorize consensual e-filing has been exercised in 11 counties in Supreme Court, primarily for commercial, tort and tax certiorari cases; in 8 counties in Surrogate's Court; in the Court of Claims and in one class of cases in the NYC Civil Court.

{2} The ten counties outside NYC include Erie, Livingston, Monroe, Rockland, Tompkins, Allegany, Essex, Onondaga, Suffolk and Westchester. As of this date, mandatory e-filing has been imposed in one or more civil case types in Supreme Court in five counties outside NYC (including Erie, Essex, Rockland, Suffolk and Westchester) and in three counties in NYC (Bronx, Kings and New York)

{3} As of April 30, 2013, mandatory e-filing will be in effect in Surrogate's Court in ten counties