What's happening
This bill requires most court pleadings and motions to be filed electronically, with specific exceptions for discovery documents.
Why it matters
Mandates nearly all court pleadings, motions, and responses be filed electronically. , meaning attorneys and parties must adapt to digital processes, potentially increasing efficiency but also requiring technological readiness.
Strict procedural requirements are introduced. If a filing does not include a clear statement about the need for electronic responses and the correct email address, the submission can be declared void, which could result in missed deadlines or dismissed filings due to technicalities.
Discovery documents remain exempt from e-filing. , preserving traditional methods for exchanging discovery demands and responses. This maintains a paper trail for sensitive or large-volume discovery materials and avoids complications that might arise from e-filing large or confidential discovery files.
E-filing is not considered proper service for discovery materials. , clarifying that electronic filing cannot be used as a shortcut for serving discovery, which may protect parties from missing important case information due to technical or notification errors.
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Who cares
Headline styles
Require Electronic Court Filing
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7609
2017-2018 Regular Sessions
IN ASSEMBLY
May 3, 2017
Introduced by M. of A. ABINANTI -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to e-filing
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The civil practice law and rules is amended by adding a new article 99 to read as follows:
ARTICLE 99
E-FILING
Section 9900. Definitions.
9901. E-filing.
9902. Notice of e-filing.
§ 9900. Definitions. For purposes of this article, "E-filing" shall mean the filing of legal papers by electronic means.
§ 9901. E-filing. 1. Answers to pleadings, motions, and responses to motions must be e-filed. Any counsel making a pleading or motion which requires opposing counsel to e-file his or her answer or response shall include a brief statement stating that any papers submitted in response must be filed with the court through electronic means. Such statement shall also include the proper email address to which such opposing counsel shall submit his or her papers. The inclusion of an improper email address or failure to include such statement shall render any papers void.
2. The following papers may not be e-filed:
a. Discovery demands;
b. Responses to any discovery demands;
3. E-filing of any papers specified in subdivision two of this section shall not constitute proper service or filing of such papers.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11306-01-7
A. 7609 2
§ 9902. Notice of e-filing. A notice of e-filing shall be served upon opposing counsel. Such notice shall be made by mailing such notice by first class mail to such counsel at his or her actual place of business, or at the address provided by such counsel for the purposes of receiving documents. An affidavit of service shall be filed with the clerk of the court designated in the notice. Service shall be deemed completed twenty days after the filing of such affidavit.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law and shall apply to any papers filed on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.