What's happening
This bill allows the Court of Appeals to set rules for electronic filing of legal papers.
Why it matters
Statewide impact on court access and efficiency. The bill gives the Court of Appeals—the highest court in New York—the authority to set rules for electronic filing in both civil and criminal cases. This modernization could streamline processes for attorneys and parties across the entire state, potentially reducing delays and paperwork for thousands of cases annually.
Protection for unrepresented and technologically disadvantaged parties. The bill explicitly ensures that unrepresented individuals and certain attorneys (such as those lacking resources or technological access) cannot be forced to use electronic filing. This provision is important for maintaining access to justice for vulnerable or low-income New Yorkers who might otherwise be excluded by a digital-only system.
Broad stakeholder input required before changes. Before implementing any new e-filing rules, the Court of Appeals must allow feedback from a wide range of stakeholders—including bar associations, legal services providers, public defenders, district attorneys, victims’ rights groups, and other interested parties. This requirement aims to ensure that rule changes are practical, fair, and consider the needs of New York’s diverse legal community.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Attorneys and Law Firms
Both civil and criminal appellate practitioners will be directly affected by new electronic filing rules in the Court of Appeals, impacting how they file and serve documents.
Unrepresented Parties (Pro Se Litigants)
The bill specifically addresses that unrepresented litigants cannot be required to use electronic filing, so individuals representing themselves are a key stakeholder group.
Legal Service Providers and Bar Associations
Institutional, not-for-profit, and specialty bar associations, as well as organizations providing legal aid or public defense, are mentioned as groups who must be consulted and will be impacted by changes to filing procedures.
Court System and Judiciary
The Unified Court System and the Court of Appeals itself care about the bill as it provides them with the authority to modernize and streamline filing processes, while ensuring access and feedback from the legal community.
Headline styles
Allow Court E-Filing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by A11389
- Ordered to third reading cal.1599
- Committee discharged and committed to rules
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Allow Electronic Court Filings
Passed Senate · Sponsor Charles Lavine
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10591
IN SENATE
May 27, 2026
Introduced by Sen. SEPULVEDA -- (at request of the Unified Court System) -- 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 and the criminal procedure law, in relation to electronic filing for the court of appeals
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 section 2113 to read as follows:
§ 2113. Filing of papers in the court of appeals by electronic means. Notwithstanding any other provision of law, and except as otherwise provided in subdivision (c) of section twenty-one hundred eleven of this article, the court of appeals may promulgate rules authorizing the use of electronic means for: (i) the filing and service of briefs in such court, (ii) the filing and service of motions to such court, including for permission to appeal to such court, (iii) seeking review of a determination of the state commission on judicial conduct pursuant to section forty-four of the judiciary law, (iv) the certification and consideration of questions from the Supreme Court of the United States, a court of appeals of the United States or an appellate court of last resort of another state, and (v) the filing and service of papers in pending matters. Such rules shall not require an unrepresented party or any attorney who furnishes a certificate specified in subparagraph (A) or (B) of paragraph three of subdivision (b) of section twenty-one hundred eleven of this article to participate in the use of electronic means as described in this section. Before promulgating any such rules, the court of appeals shall provide an opportunity for review and comment by all those who are or would be affected by such rules, including bar associations; institutional legal service providers; not-for-profit legal service providers; attorneys assigned pursuant to article eighteen-B of the county law; unaffiliated attorneys who regularly appear in proceedings that are or have been affected by electronic filing programs that have been implemented or who may be affected by promulgation of rules concerning the use of electronic filing in the court of appeals;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15358-01-6
and any other persons for whom such notice is deemed to be appropriate by the court of appeals. For purposes of this section, the term "electronic means" shall have the meaning ascribed to it in paragraph two of subdivision (f) of rule twenty-one hundred three of this chapter.
§ 2. The criminal procedure law is amended by adding a new section 460.91 to read as follows: § 460.91 Filing of papers on appeal to the court of appeals by electron-
ic means.
Notwithstanding any other provision of law, the court of appeals may promulgate rules authorizing a program in the use of electronic means for filing and serving briefs and applications for certificates granting leave to appeal in accordance with the provisions of section two thousand one hundred thirteen of the civil practice law and rules. Such rules shall not require an unrepresented party or any attorney who furnishes a certification specified in subparagraph (i) or (ii) of paragraph (c) of subdivision two of section 10.40 of this chapter to take or perfect an appeal by electronic means. Before promulgating any such rules, the court of appeals shall provide an opportunity for review and comment by all those who are or would be affected by such rules, including district attorneys; representatives of the office of indigent legal services; not-for-profit legal service providers; public defenders; statewide and local specialty bar associations whose membership devotes a significant portion of their practice to assigned criminal cases pursuant to subparagraph (i) of paragraph (a) of subdivision three of section seven hundred twenty-two of the county law; institutional providers of criminal defense services and other members of the criminal defense bar; representatives of victims' rights organizations; unaffiliated attorneys who regularly appear in proceedings that are or would be affected by such electronic filing rules; interested members of the criminal justice community; and any other persons for whom such notice is deemed to be appropriate by the court of appeals. For purposes of this section, the term "electronic means" shall have the meaning ascribed to it in paragraph two of subdivision (f) of rule twenty-one hundred three of the civil practice law and rules.
§ 3. This act shall take effect on the first of July next succeeding the date on which it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
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 and the criminal proce- dure law, in relation to electronic filing for the court of appeals
2. SOURCE OF BILL
This bill is being introduced at the request of the Unified Court System.
Read the full memo (788 words)
3. PURPOSE OF BILL
This bill would add a new section 2113 of the Civil Practice Law and Rules and a new section 460.91 of the Criminal Procedure Law to create the statutory authority for the filing and service of papers by elec- tronic means at the Court of Appeals.
4. SUMMARY OF PROVISIONS
Section 1 of the bill adds a new section 2113 of the Civil Practice Law and Rules, permitting the Court of Appeals to promulgate rules authoriz- ing the use of electronic means for: (i) filing and serving briefs in such court, (ii) filing and serving motions to such court, including for permission to appeal to such court, (iii) seeking review of a deteimina- tion of the state Commission on Judicial Conduct pursuant to section forty four of the judiciary law, (iv) the certification and consider- ation of questions from the Supreme Court of the United States, a court of appeals of the United States or an appellate court of last resort of another state, and (v) filing and serving papers in pending matters. Before promulgating any such rules, the Court of Appeals must provide an opportunity for review and comment by affected stakeholders.
Section 2 of the bill adds a new section 460.91 of the Criminal Proce- dure Law, permitting the Court of Appeals to promulgate rules authoriz- ing the use of electronic means for filing and service of briefs and applications for certificates granting leave to appeal in criminal cases. Before promulgating any such rules, the Court of Appeals must provide an opportunity for review and comment by affected stakeholders.
Section 3 of the bill provides that this proposal would be effective on the first day of July following enactment. It also authorizes the addi- tion, amendment and/or repeal of any rule or regulation necessary for the implementation of this act effective immediately.
5. JUSTIFICATION
The Unified Court System's transition to an electronic filing and service system, New York State Courts Electronic Filing (NYSCEF), began in 1999 and has continued by incremental legislative authorizations, including e-filing in the courts of the Appellate Division (see CPLR § 2112; CPL § 460.90). NYSCEF is a means of filing and serving legal docu- ments electronically with various courts, including the Surrogate's Court, Supreme Court and the Court of Claims. Electronic filing offers many benefits to attorneys, clients and unrepresented litigants. Once an action is commenced, attorneys can file and serve papers at any time from any place via the NYSCEF system. A case may be initiated or post- commencement documents filed at any time on any day, even when the courts are closed. Multiple attorneys working on a case can view the file simultaneously, and can do so from different locations. Storage of papers is simplified and expenses reduced. The system provides immediate e-mail notice of all filings, including filing of all orders, judgments, and decisions, which become available online.
Currently, there is no statutory authorization for service of papers by electronic means at the Court of Appeals, and no express authorization for e-filing. It is not sound policy to allow litigants to use e-filing in earlier stages of litigation but then require them to migrate to paper filing when their cases reach the Court of Appeals. Such a prac- tice is inefficient, and deprives litigants of the ability to employ technology as their case progresses through the stages of an appeal. Litigants have also reported that paper filing increases costs.
This bill would include the Court of Appeals in NYSCEF, permitting the use in that court of electronic means for the filing and service of briefs, civil motions for leave to appeal, and criminal leave applica- tions. This bill would mirror the current structure for e-filing that already exists in the courts of the Appellate Division, with the same exemptions from e-filing for unrepresented parties and attorneys who certify a hardship. This bill would also ensure that the rules governing e-filing at the Court of Appeals are subject to input from interested persons and entities.
6. PRIOR LEGISLATIVE HISTORY
This is a new proposal.
7. FISCAL IMPLICATIONS
This bill will have a minor fiscal impact, which can be absorbed within the Unified Court System's existing fiscal resources.
8. EFFECTIVE DATE The bill would take effect on the first day of July following enactment, however the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act is effective immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.