What's happening
This bill amends laws on electronic court filing, removing certain exemptions and updating expiration provisions for related programs.
Why it matters
Removes special exemptions for certain case types. The bill eliminates prior exclusions for residential foreclosure actions involving home loans and some consumer credit cases, meaning these types of cases will now be subject to the same electronic filing requirements as most others. This could streamline court processes and impact both litigants and attorneys in these areas.
Repeals a provision specific to residential foreclosures. By repealing paragraph 2-a, the legislation erases a carve-out that previously gave residential foreclosure actions special treatment under electronic filing rules, signaling a move toward uniform digital procedures across case types.
Modernizes program expiration rules. Instead of fixed sunset dates, the bill ties the expiration of certain electronic filing programs to when the relevant rules actually take effect, allowing for more responsive and adaptable implementation as technology and court needs evolve.
Enhances transparency and legislative oversight. The requirement for the chief court administrator to notify a legislative commission when electronic filing rules are enacted ensures the legislature can keep up-to-date records, which supports better oversight and public understanding of when and how these digital systems are used.
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Who cares
Headline styles
Expand Court E-Filing Access
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.597
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7676
IN SENATE
February 6, 2018
Introduced by Sen. BONACIC -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to electronic filing; to amend chapter 237 of the laws of 2015, amending the judiciary law and other laws relating to use of electronic means for the commencement and filing of papers in certain actions and proceedings, in relation to the use of electronic means for the commencement and filing of papers in certain actions and proceedings; and to repeal paragraph 2-a of subdivision (b) of section 2111 of the civil practice law and rules, relating to residential foreclosure actions involving a home loan
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph (A) of paragraph 2 of subdivision (b) of section 2111 of the civil practice law and rules, as added by chapter 237 of the laws of 2015, is amended to read as follows:
(A) one or more classes of cases (excluding [matrimonial actions as defined by the civil practice law and rules,] election law proceedings, proceedings brought pursuant to article seventy or seventy-eight of this chapter[,] and proceedings brought pursuant to the mental hygiene law[, residential foreclosure actions involving a home loan as such term is defined in section thirteen hundred four of the real property actions and proceedings law and proceedings related to consumer credit transactions as defined in subdivision (f) of section one hundred five of this chapter, except that the chief administrator, in accordance with this paragraph, may eliminate the requirement of consent to participate in this program insofar as it applies to the initial filing by a represented party of papers required for the commencement of residential foreclosure actions involving a home loan as such term is defined in section thirteen hundred four of the real property actions and proceedings law and the initial filing by a represented party of papers required for the commencement of proceedings related to consumer credit transactions as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14315-01-8
S. 7676 2
defined in subdivision (f) of section one hundred five of this chapter) in supreme court in such counties as he or she shall specify]), and
§ 2. Paragraph 2-a of subdivision (b) of section 2111 of the civil practice law and rules is REPEALED.
§ 3. Section 11 of chapter 237 of the laws of 2015, as amended by chapter 99 of the laws of 2017, is amended to read as follows:
§ 11. This act shall take effect immediately; provided that sections four, five, six and seven of this act shall each expire and be deemed repealed on the first of September [1, 2019; and provided that paragraph 2-a of subdivision (b) of section 2111 of the civil practice law and rules, as added by section two of this act, shall expire and be deemed repealed September 1, 2018] in the second calendar year following the year in which rules authorizing a program for the use of electronic means as permitted under such sections first take effect; provided further, that the chief administrator of the courts shall notify the legislative bill drafting commission of the date of such rules first take effect in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effecting the provisions of section 44 of the legislative law and section 70-b of the public officers law.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to electronic filing; to amend chapter 237 of the laws of 2015, amending the judiciary law and other laws relating to use of electronic means for the commencement and filing of papers in certain actions and proceedings, in relation to the use of electronic means for the commencement and filing of papers in certain actions and proceedings; and to repeal paragraph 2-a of subdivision (b) of section 2111 of the civil practice law and rules, relating to residential foreclosure actions involving a home loan
This measure is being introduced at the request of the Chief Judge of the State and the Chief Administrative Judge.
As far back as 1999, the State began to introduce pilot programs in the use of electronic means to commence certain categories of cases and to file court papers with judges and with adverse parties ("e-filing"). See L. 1999, c. 367. In the years since, those programs have been continued and progressively expanded - to apply to a broader spectrum of cases in additional courts. As has been well-documented in numerous analyses and reports prepared over the years to assess the effectiveness of e-filing in New York's State courts, the pilot programs have been very successful and been greeted with great enthusiasm by both bench and bar.
Read the full memo (919 words)
Recognizing this, the Legislature, in 2015 (L. 2015, c. 237), made several major changes in the statutes authorizing use of e-filing programs, to make them available on a more permanent and extended basis. These changes included (i) conferral of permanent authority upon the Chief Administrative Judge, with the agreement of County Clerks in affected counties and subject to categorical exclusion for certain case types (i.e., matrimonial actions, CPLR Article 70 and 78 proceedings, MHL proceedings, Election Law proceedings and certain residential fore- closure and consumer debt proceedings), to require mandatory e-filing in Supreme Court civil parts in such counties and classes of cases as he or she shall specify; (ii) continued authorization, subject to a September 1, 2019 sunset, for use of e-filing, both consensual and mandatory, in criminal superior courts and Family Court; (iii) conferral of permanent authority upon the Chief Administrative Judge to institute programs of consensual and mandatory e-filing in Surrogate's Court and the New York City Civil Court; and programs for consensual e-filing (and filing by FAX) in the Court of Claims; (iv) authorization for use of e-filing in the Appellate Divisions at the discretion of each Judicial Department subject only to the same case exclusions for mandatory e-filing as are applied in the trial courts; and (v) relocation of statutes governing e-filing from the State's Unconsolidated Laws to appropriate locations in the Consolidated Laws. Last session, the Legislature built upon this framework by eliminating the exclusions from mandatory e-filing in the Appellate Divisions. L. 2017, c. 99.
The instant measure, following in the spirit of the 2015 legislation, would make several further changes in the e-filing statutes - for the purpose of enabling fuller deployment of what has been amply demon- strated to be a practical and economically sound use of technology to enable optimally expeditious and effective exchange of papers by parties to a lawsuit between themselves and with the court. The measure calls for:
*elimination of the present exclusion of matrimonial actions from manda- tory e-filing programs in Supreme Court. E-filing in matrimonial cases has long been used on a consensual basis and all indications are that requiring its use in those cases would be no less appropriate than it is in other classes of cases that now are subject to mandatory e-filing. Also, we are advised that there are many in the matrimonial bar, along with most County Clerks, who strongly favor extending mandatory e-filing to matrimonial actions for many reasons not least of which is the fact that maintaining dual-track filing systems is cumbersome and costly.
*elimination of the present exclusion as to residential foreclosure and consumer debt actions from mandatory e-filing programs in Supreme Court. Under present law, other than for purposes of initial filings in these cases and, until September 1, 2018 (see L. 2017, c. 99), with exemption for certain statutorily-stipulated counties where mandatory e-filing was in effect prior to 2015, e-filing may not be made mandatory in these cases. And, yet, the experience we have had in the exempt counties since 2015 has been highly positive, with no indication of problems that would contraindicate continued application of mandatory e-filing in them beyond the coming sunset, or, indeed, that would dictate against perma- nent elimination of the existing exclusion for the benefit of practi- tioners in all counties.
*a reset of the September 1, 2019 sunset for use of e-filing in criminal and Family Court so that it will be two years after such use actually begins. As it is unclear at this time exactly when pilot e-filing programs can be rolled out in these courts, having a fixed sunset makes little sense. In all likelihood, it will necessitate periodic trips back to the Legislature to re-up the sunset so as to permit a future pilot to go forth. A more practical approach, as promoted in this measure, would be for the sunset to be revised so that it is geared to kick in only after a pilot program is put in place.
This measure, which would have no fiscal impact on the State or local government, would take effect immediately. LEGISLATIVE HISTORY:
None. New proposal.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.