BILL NO A02448 SAME AS No Same as SPONSOR Abinanti COSPNSR MLTSPNSR Add Art 99 SS9900 - 9902, CPLR Relates to e-filing.Go to top
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STATE OF NEW YORK ________________________________________________________________________ 2448 2015-2016 Regular Sessions IN ASSEMBLY January 16, 2015 ___________ Introduced by M. of A. ABINANTI -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the civil practice law and rules, in relation to e-fil- ing The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 article 99 to read as follows: 3 ARTICLE 99 4 E-FILING 5 Section 9900. Definitions. 6 9901. E-filing. 7 9902. Notice of e-filing. 8 § 9900. Definitions. For purposes of this article, "E-filing" shall 9 mean the filing of legal papers by electronic means. 10 § 9901. E-filing. 1. Answers to pleadings, motions, and responses to 11 motions must be e-filed. Any counsel making a pleading or motion which 12 requires opposing counsel to e-file his or her answer or response shall 13 include a brief statement stating that any papers submitted in response 14 must be filed with the court through electronic means. Such statement 15 shall also include the proper email address to which such opposing coun- 16 sel shall submit his or her papers. The inclusion of an improper email 17 address or failure to include such statement shall render any papers 18 void. 19 2. The following papers may not be e-filed: 20 a. Discovery demands; 21 b. Responses to any discovery demands; 22 3. E-filing of any papers specified in subdivision two of this section 23 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. LBD04833-01-5A. 2448 2 1 § 9902. Notice of e-filing. A notice of e-filing shall be served upon 2 opposing counsel. Such notice shall be made by mailing such notice by 3 first class mail to such counsel at his or her actual place of business, 4 or at the address provided by such counsel for the purposes of receiving 5 documents. An affidavit of service shall be filed with the clerk of the 6 court designated in the notice. Service shall be deemed completed twenty 7 days after the filing of such affidavit. 8 § 2. This act shall take effect on the ninetieth day after it shall 9 have become a law and shall apply to any papers filed on or after such 10 effective date.