NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10350
SPONSOR: Rules (Shimsky) TITLE OF BILL:
An act to amend the judiciary law, the civil practice law and rules, the
court of claims act, the New York city criminal court act, the uniform
district court act, the uniform city court act, the uniform justice
court act, the criminal procedure law and the family court act, in
relation to filing by electronic means; to amend chapter 237 of the laws
of 2015 amending the judiciary law, the civil practice law and rules and
other laws relating to the use of electronic means for the commencement
and filing of papers in certain actions and proceedings, in relation to
the effectiveness thereof; and to repeal certain provisions of the civil
practice law and rules, the criminal procedure law and the family court
act, relating to court filings
SUMMARY OF THE MEASURE'S PROVISIONS
This measure would expand current authority for the use of e-filing in
the courts, as follows:
In the trial courts
At present, the Chief Administrative Judge's statutory authority to
institute e-filing in the trial courts - while much broader than it once
was - is still limited in some important respects. Although permitted to
institute voluntary e-filing in a broad spectrum of cases - all civil
cases in Supreme Court, the Court of Claims, the Surrogate's Court, and
the New York City Civil Court; all criminal cases in Supreme and County
Courts; all cases in Family Court - and to institute mandatory e-filing
in many civil cases in Supreme Court and the Court of Claims along with
some in superior criminal court and Civil and Family Court, the Chief
Administrative Judge may not require e-filing in some major classes of
civil cases in Supreme Court (e.g., matrimonial and Article 78 cases),
nor in more than six counties each in criminal court and Family Court.
Further, no form of e-filing - whether voluntary or mandatory - may be
instituted in the civil courts of lesser jurisdiction or in the local
criminal courts.
Under this measure, the Chief Administrative Judge would be permitted to
institute e-filing - on either a voluntary or mandatory basis - in any
or all of the State's trial courts and in any class of cases, as
follows:
* Bill section 2. Amends CPLR 2111(a) to extend the authority to insti-
tute e-filing in all of the State's trial courts of civil jurisdiction.
Advance approval of the local county clerk outside New York City is
still required as to e-filing in Supreme Court and County Court.
* Bill section 3. Repeals paragraphs 1, 2, and 2-a of CPLR 2111(b)
provisions that now mandate that e-filing in courts of civil jurisdic-
tion, where instituted, be voluntary unless the Chief Administrative
Judge imposes mandatory e-filing - which can only be done in Supreme
Court subject to prohibition upon its use in some major classes of
cases, and in the New York City Civil Court in but one class of cases
(i.e., cases brought by health care providers against certain insur-
ers). The measure would replace them with new paragraphs 1 and 2,
permitting the Chief Administrative Judge to exercise discretion to
institute voluntary/mandatory e-filing, without limitation as to court
or class of cases. New paragraphs 1 and 2 continue the present
exemptions from mandatory e-filing for unrepresented persons and for
certain lawyers without technical skills or equipment. They also contin-
ue the requirement for consultation with various bar associations and
attorneys.
* Bill section 4. Makes a technical, non-substantive change in paragraph
3 of CPLR 2111(b).
* Bill section 6. Amends section 11-b(1) of the Court of Claims Act to
eliminate its restriction that filing by FAX and e-filing in the Court
of Claims be voluntary.
* Bill section 7. Adds a new section 42 to the New York City Criminal
Court Act to clarify that e-filing may be instituted in the Criminal
Court.
* Bill section 8. Adds a new section 2103-a to the Uniform District
Court Act to clarify that e-filing may be instituted in both civil and
criminal cases in the District Courts.
* Bill section 9. Adds a new section 2103-a to the Uniform City Court
Act to clarify that e-filing may be instituted in both civil and crimi-
nal cases in the City Courts.
* Bill section 10. Adds a new section 2103-a to the Uniform Justice
Court Act to clarify that e-filing may be instituted in both civil and
criminal cases in the Town and Village Justice Courts.
* Bill section 11. Amends section 10.40(2)(a) of the Criminal Procedure
Law to extend the authority to institute e-filing in all of the State's
courts of criminal jurisdiction.
* Bill section 12. Repeals section 10.40(2)(b) of the Criminal Procedure
Law and replaces it with a new paragraph (b), permitting the Chief
Administrative Judge to institute voluntary/mandatory e-filing in all
criminal cases in all courts at his discretion.
* Bill section 13. Adds a new paragraph (c) to section 10.40(2) of the
Criminal Procedure Law (and relaters existing paragraphs (c) and (d) to
be (d) and (e)) prescribing rules governing both voluntary and mandatory
e-filing in the criminal courts. Regarding the latter, new paragraph (c)
continues the present exemptions from mandatory e-filing for unrepre-
sented persons and for certain lawyers without technical skills or
equipment. It also continues the requirement for consultation with vari-
ous bar associations and attorneys practicing criminal law in the courts
to be affected by e-filing; and, likewise, continues the present
requirement that the Chief Administrative Judge secure approval of the
local District Attorney and criminal defense bar before instituting
mandatory e-filing in criminal cases in courts in a county.
* Bill section 14. Makes a technical, non-substantive change in para-
graph (d) of section 10.40(2) of the Criminal Procedure Law.
* Bill section 15. Amends section 10.40(2)(e)(ii) of the Criminal Proce-
dure Law to clarify that e-filing may be instituted in any criminal
court, not just in Supreme and County Courts.
* Bill section 16. Repeals section 214(b) of the Family Court Act and
replaces it with a new subdivision (b), permitting the Chief Administra-
tive Judge to institute voluntary/mandatory e-filing in all Family Court
proceedings.
* Bill section 17. Adds a new paragraph (c) to section 214 of the Family
Court Act (and reletters existing paragraphs (c) through (h) to be (d)
through (i)) prescribing rules governing both voluntary and mandatory
e-filing in Family Court. Regarding the latter, new paragraph (c)
continues the present exemptions from mandatory e-filing for unrepre-
sented persons and for certain lawyers without technical skills or
equipment. It also continues the requirement that the Chief Administra-
tive Judge secure approval of authorized local presentment and child
protective agencies, along with the Family Court bars representing
parents and children, respectively, before instituting mandatory e-fil-
ing in Family Court in a county.
In the appellate courts
At present, CPLR 2112 grants the Appellate Divisions broad authority to
implement e-filing in appeals brought before them. This proposal does
not change that. It does, however, clarify that the Appellate Divisions'
authority extends to permitting them to institute e-filing in Appellate
Terms they have established (see Bill section 5).
JUSTIFICATION
A. State's Long Experience with E-Filing. As far back as 1999, almost a
quarter of a century ago, the State began to introduce pilot programs in
the use of electronic means for the purpose of commencing certain cate-
gories of cases and of filing court papers with judges and serving them
on adverse parties. 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. See the Appendix to this
memorandum for a list of all statutory enactments to date that have
expanded the e-filing program in New York. As has been well-documented
in numerous analyses and reports prepared over the past 23 years to
assess the effectiveness of e- filing in New York's State courts, the
pilot programs have been very successful and greeted with great enthusi-
asm by both bench and bar'.
E-filing's many virtues have been well-docnmented. They include:
- benefits for all sectors of the bar, particularly solo and small-firm
practitioners who lack the resources of large law firms and attorneys in
rural counties who must travel long distances to reach a courthouse.
- savings to the bar in the time and expense of serving other parties
(i.e., the e-filing system serves other parties automatically and
instantaneously, providing immediate access to the newly-filed docu-
ments).
- reduced costs and enhanced efficiency for the bench, County Clerks
(especially in connection with storage and retrieval of court docu-
ments), and local governments.
- increased security for documents in reducing the incidence of lost
documents, in allowing courts to keep track of which users have accessed
the files, and in protecting against loss of documents due to fire or
flood. Relatedly, increased ability of the County Clerk and the courts
to maintain the confidentiality of sealed files and files for which
confidentiality is otherwise required.
-convenient access to the entire court file of a case, 24 hours a day,
seven days a week
-promotion of a green environment, reducing the number of trips attor-
neys must make to the courthouse to file papers and the amount of paper
required in litigation.
- demonstrated success in Federal courts and in other state courts.
B. Need for Further Expansion ofE-Filing. Even before the COVID-19
pandemic struck in 2020, it had become evident that there was a need for
further expansion of e-filing and for the elimination of several
restrictive features of the existing e-filing program. In particular:
*In 2015, the Legislature gave permanent status to a program, first
authorized in 2009, in the use of mandatory e-filing in the courts. L.
2015, c. 237. In doing this, the Legislature excepted several classes of
cases from this program including, most significantly, matrimonial
actions'-. See CPLR 2111(b)(2)(A). Whatever the rationale for that
exception when it was enacted, it is now abundantly clear that the
exception has grown to be obsolete and counterproductive. E-filing in
matrimonial cases has long been used on a consensual basis and all indi-
cations 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. Indeed, 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. Most recently, the members of the Executive
Committee of the Family Law Section of the State Bar voted unanimously
to support this proposal.
*The 2015 legislation authorizing use of mandatory e-filing also created
an exclusion for residential foreclosure and consumer debt actions in
Supreme Court. Under present law, other than for purposes of initial
filings in these cases and, until September 1, 2027 (see L. 2022, c.
554), 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 permanent elimination of the existing exclusion for the
benefit of practitioners in all counties.
With the emergence of the pandemic, it also became evident that broad
authorization for use of e-filing in all of the State's trial courts was
very much needed. As we entered the pandemic season, e-filing was statu-
torily permitted only in Supreme Court, the Court of Claims, the Surro-
gate's Court, the New York City Civil Court and, on a very limited
basis, in Family Court and in superior criminal courts'. See CPL
10.40(2)(a); Family Court Act § 214(b). There was no authority for use
of e-filing in the NYC Criminal Court and the District, Town, Village,
and City Courts outside the City. This was truly unfortunate as the
pandemic shuttered public and private institutions across the State.
These courts - which, aside from Family Court, all serve as criminal
courts and, upstate, as courts of lesser civil jurisdiction including
small claims, landlord/tenant, and commercial claims - are typically
among the courts most frequented by New Yorkers. They play a crucial
role in dispensing justice in a broad range of case types and in
collecting fines and fees for State and local government. Many of the
litigants in these courts are self-represented and quite often do not
reside near the courthouses in which their cases are being heard. For
these litigants, especially those in rural areas without easy access to
transportation, the availability of e-filing during the pandemic would
have enabled them and, where they are represented, their attorneys, to
safely, conveniently, and securely file their court documents with the
court and with their adversaries. For self-represented litigants, in
particular, it would have spared them from having to take time off from
work to attend court in many matters. And, for courts and the judges and
nonjudicial personnel that serve them, the availability of e-filing
would have promoted a safer working environment as much unnecessary foot
traffic in courthouses could have been avoided.
The pandemic and its impact upon our communities should serve as the
strongest possible incentive to expand the availability of e-filing to
all courts of our Judiciary. Note that enactment of this measure would
not automatically institute e-filing in all courts. Consistent with the
careful and deliberate way in which, historically, e-filing has been
introduced in the courts that now use it, this measure would only
permit, but not require, the Chief Administrative Judge to institute
e-filing programs in the lower courts of the State. Actual roll-out of
these programs would be undertaken in the future as community needs,
court resources, and local bench/bar interests dictate.
In short, this measure will simplify and clarify e-filing's role in the
administration of justice in New York. Moreover, by expanding that role
to permit use of e-filing in more courts and in more classes of cases,
this measure can be a vital step in protecting public health for all
those who must work in and use the courts at a particularly anxious time
in our state's history."
C. Effective Date. This measure, which would have no meaningful fiscal
impact, would take effect immediately.
LEGISLATIVE HISTORY
2021-22: OCA l(R1)
1 Most recently, the great success of New York's increasing use of
e-filing in the courts has been heralded in the report of the Structural
Innovations Working Group of the Commission to Reimagine the Future of
New York's Courts. See The Expansion of Electronic Filing: A Report and
Recommendations of the Structural Innovations Working Group of the
Commission to Reimagine the Future of New York's Courts (December 2020).
The principal recommendation included in this report is the legislative
enactment of the instant measure. Although the 2015 legislation prohib-
ited use of mandatory e-filing in matrimonial actions, it did not bar
use of e-filing in such actions where the parties all consented thereto.
3 Authorization for use of e-filing in Family Court and superior crimi-
nal court will expire on September 1, 2027. (L. 2022, c. 554). Also,
while there is statutory permission for mandatory e-filing in these
courts, it is limited, in both instances, to six venues. See Family
Court Act § 214(b)(ii)(2); CPL 10.40(2)(b)(ii).
APPENDIX
The following is a chronicle of the statutory evolution of e-filing in
New York State since its inception in 1999: L. 1999, c. 367, effective
7/27/1999
The State's introduction to e-filing. This measure authorized use of
consensual e-filing in Supreme Court in one county in New York City and
in one county outside the City, to be selected by the Chief Administra-
tive Judge with the approval of the Administrative Board of the Courts.
Under chapter 367, e-filing would be available for the filing of papers
in commercial and tax certiorari cases in Supreme Court to commence a
case and, as well, for the exchange of legal papers between counsel for
the parties in such cases where all have consented to such exchange.
Chapter 367 was scheduled to sunset on July 1, 2002, approximately three
years after its enactment. In the wake of its enactment, consensual
e-filing was authorized for commercial cases in the Commercial Divisions
of Supreme Court in Monroe and New York Counties; and for tax certiorari
cases in Supreme Court in Westchester County.
L. 2002, c. 110, effective 6/28/2002 This measure continued the e-filing
programs established by chapter 367 for another year, i.e., until July
1, 2003. Also, in order to permit broader experience with e-filing under
the programs, the measure expanded the number of venues in which consen-
sual e-filing could be authorized to include commercial claims in the
Commercial Divisions of Supreme Court in Albany, Monroe, Nassau, New
York, Suffolk, and Westchester Counties; and tax certiorari cases in
Supreme Court in Monroe, New York, Suffolk, and Westchester Counties.
Finally, the measure authorized - for the first time - use of consensual
e-filing in the Court of Claims.
L. 2003, c. 261, effective 7/29/2003 This measure continued the e-filing
programs established by chapter 367 and modified by chapter 110 for
another 26 months - until September 1, 2005.
L. 2004, c. 384, effective 8/17/2004 Responding to community requests,
this measure expanded the number of venues and classes of cases in which
consensual e-filing could be authorized to include commercial claims and
tort cases in Supreme Court in Albany, Bronx, Kings, Monroe, Nassau, New
York, Queens, Richmond, Suffolk, and Westchester Counties; commercial
claims in Supreme Court in Erie County; tax certiorari cases in Supreme
Court in Bronx, Kings, Monroe, New York, Queens, Richmond, Suffolk, and
Westchester Counties; and cases in Surrogate's Court in Erie County.
L. 2005, c. 504, effective 8/16/2005 This measure continued the e-filing
programs established by chapter 367, as amended, for another four years
- until September 1, 2009. Again, recognizing growing community enthu-
siasm for e-filing in the courts, this measure further expanded the
number of venues and classes of cases in which consensual e-filing could
be authorized to include commercial claims, tax certiorari and tort
cases in Supreme Court in Albany, Broome, Bronx, Erie, Essex, Kings,
Monroe, Nassau, New York, Niagara, Onondaga, Queens, Richmond, Suffolk,
Sullivan, and Westchester Counties; and all classes of cases in Supreme
Court in Broome County. At the same time, it continued authority for
e-filing in cases in Surrogate's Court in Erie County.
L. 2007, c. 369, effective 7/18/2007 This measure further expanded the
number of venues in which consensual e-filing could be authorized in
commercial claims, tax certiorari and tort cases in Supreme Court to
include Livingston County, along with Albany, Broome, Bronx, Erie,
Essex, Kings, Monroe, Nassau, New York, Niagara, Onondaga, Queens, Rich-
mond, Suffolk, Sullivan, and Westchester Counties (and all classes of
cases in Supreme Court in Broome County). At the same time, it continued
authority for e-filing in cases in Surrogate's Court in Erie County and
added comparable authority for e-filing in cases in Surrogate's Court in
Chautauqua, Monroe, Queens, and Suffolk Counties. Finally, it added
authority for consensual e-filing in the New York City Civil Court in
claims brought by a provider of health services specified in section
502(a)(1) of the Insurance Law against an insurer for failure to comply
with Insurance Department rules promulgated pursuant to section 5108(b)
of the Insurance Law.
L. 2008, c. 95, effective 5/27/2008 This measure authorized the Chief
Administrative Judge to permit consensual e-filing in all classes of
cases in. Supreme Court in Erie County, along with Broome County.
L. 2009, c. 416, effective 9/1/2009 Marking the tenth anniversary of New
York's experience with consensual e-filing programs, this measure made
permanent the Chief Administrative Judge's authority to permit such
programs; and expanded that authority so that it could be used to permit
e-filing in any class of cases in Supreme Court in any county, in Surro-
gate's Court in any county, in the Court of Claims statewide and in the
New York City Civil Court. The measure also, for the first time, permit-
ted establishment of mandatory e-filing programs, albeit limited to
certain categories of commercial claims in New York County, tort cases
in Westchester County, and one or more classes of cases (excluding
matrimonial actions, Article 78 proceedings, proceedings under the
Mental Hygiene Law and Election Law proceedings) in one other county
outside New York selected by the Chief Administrative Judge. This
authority for mandatory e-filing was made subject to a three-year sunset
(September 1, 2012).
L. 2010, c. 528, effective 9/17/10 'retroactive to 9/1/091 This measure
built upon the changes instituted by chapter 416 of the Laws of the
preceding year, especially as they applied to the newly-authorized
deployment of mandatory e-filing in civil parts of Supreme Court.
Specifically, the measure authorized the Chief Administrative Judge to
permit mandatory e-filing in the same categories of commercial claims in
Westchester County as it had authorized for such claims in New York
County; and replaced authority for the Chief Administrative Judge to
permit unrestricted (but for the exceptions created under chapter 416)
mandatory e-filing in a single county outside New York with authority to
permit such e-filing in the following four counties: Livingston, Monroe,
Rockland, and Tompkins. The measure also added the requirement that
each local county clerk okay institution of mandatory e-filing in his or
her county before it could be required. Finally, the measure imposed a
continuing and more detailed annual reporting requirement for the Chief
Administrative Judge relating to the operation of e-filing programs.
L. 2011, c. 543, effective 9/23/2011 This measure expanded the breadth
of mandatory e-filing programs in civil parts of Supreme Court. Specif-
ically, it authorized their establishment in Supreme Courts in New York
City in commercial claims without regard to the amount in controversy;
and in a broader array of counties than had been authorized by chapter
528 of the Laws of 2010 (adding Allegany, Essex, and Onondaga Counties,
and permitting mandatory e-filing in all classes of cases (excluding
matrimonial actions, Article 78 proceedings, proceedings under the
Mental Hygiene Law and Election Law proceedings) in Westchester). The
measure also permitted the Chief Administrative Judge to authorize
mandatory e-filing in Surrogate's Court in any county, and in the New
York City Civil Court in claims brought by a provider of health services
specified in section 502(a)(1) of the Insurance Law against an insurer
for failure to comply with Insurance Department rules promulgated pursu-
ant to section 5108(b) of the Insurance Law. Finally, the measure
created additional advisory committees to assist the Chief Administra-
tive Judge in meeting a responsibility to provide the Legislature with
continuing evaluations of the State's e-filing programs and to help plan
for institution of e-filing
in criminal courts and Family Court.
L. 2012, c. 184, effective 7/18/2012 This measure further expanded the
breadth of mandatory e-filing programs in civil parts of Supreme Court.
Specifically, it again added to the array of counties that had been
authorized by chapter 528 of the Laws of 2010 (and modified by chapter
543 of the Laws of 2011), this time to include Erie and Suffolk Coun-
ties. At the same time, it authorized the Chief Administrative Judge to
extend mandatory e-filing to any class of cases (with the same exclu-
sions applicable to mandatory e-filing in upstate counties) in Supreme
Court in the counties of New York City.. Lastly, the measure authorized
the Chief Administrative Judge to institute consensual (and, under
limited circumstances, mandatory) e-filing in criminal superior courts
and in Family Court.
L. 2013, c. 113, effective 7/12/2013 This measure once again expanded
the breadth of mandatory e-filing programs in civil parts of Supreme
Court, adding Nassau County to the array of counties that had been
authorized by chapter 528 of the Laws of 2010 (and modified by chapter
543 of the Laws of 2011 and chapter 184 of the Laws of 2012).
L. 2015, c. 237, effective 8/31/2015 This measure made permanent the
Chief Administrative Judge's authority to permit institution of mandato-
ry e-filing programs in all counties and in most classes of cases4.
Also, it continued permanently, without change, programs of consensual
and mandatory e-filing in Surrogate's Court and the New York City Civil
Court; programs for consensual e-filing (and filing by FAX) in the Court
of Claims; and existing authorization for the use of e-filing, both
consensual and mandatory, in criminal superior courts and in Family
Court subject to sunset on September 1, 2019. Finally, this measure
authorized use of e-filing in the Appellate Divisions at the discretion
of each Judicial Department subject to the same exclusions for mandatory
e-filing applicable in the trial courts. Beyond these substantive chang-
es, the measure relocated statutes governing e-filing from the State's
Unconsolidated Laws to the CPLR and other appropriate procedural stat-
utes in the Consolidated Laws'.
L. 2017, c. 99, effective 7/24/2017 This measure eliminated the exclu-
sions of certain classes of cases as to which the Appellate Division
could require mandatory e-filing. Henceforth, an Appellate Division
could make all classes of cases before it subject to such e-filing.
Also, this measure extended by one year, until September 1, 2018, the
two-year sunset on permission for the deployment of mandatory e-filing
in residential foreclosure and consumer debt proceedings. Finally, the
measure changed the due date for the Chief Administrative Judge's annual
report to the Legislature on e-filing (from April 1 to February 1).
L. 2018, c. 168, effective 7/31/2018 This measure extended by another
year, until September 1, 2019, the sunset on permission for the deploy-
ment of e-filing in residential foreclosure and consumer debt
proceedings.
L. 2019, c. 212, effective 8/29/2019 This measure extended by another
year, until September 1, 2020, the sunsets on: (1) authorization to
deploy e-filing in criminal superior courts and in Family Court, and (2)
permission for the deployment of mandatory e-filing in residential fore-
closure and consumer debt proceedings.
L. 2020, c. 58, Item SS, effective 4/3/2020 This measure extended by
another year, until September 1, 2021, the sunsets on: (1) authorization
to deploy e-filing in criminal superior courts and in Family Court, and
(2) permission for the deployment of mandatory e-filing in residential
foreclosure and consumer debt proceedings.
L. 2021, c. 118, § 1, effective 6/11/21 This measure extended by another
year, until September 1, 2022, the sunsets on: (1) authorization to
deploy e-filing in criminal superior courts and in Family Court, and (2)
permission for the deployment of mandatory e-filing in residential fore-
closure and consumer debt proceedings.
L. 2022, c. 554, § 1, effective 8/31/22 This measure extended by another
five years, until September 1, 2027, the sunsets on: (1) authorization
to deploy e-filing in criminal superior courts and in Family court, and
(2) permission for the deployment of mandatory e-filing in residential
foreclosure and consumer debt proceedings.
4 The legislation preserved the same exclusions from mandatory e-filing
as were already in place. When originally enacted, the statutes enabl-
ing use of e-filing were placed in provisions of the State's Unconsol-
idated Laws. This made it very difficult for judges and lawyers to find
these statutes. Accordingly, this measure relocated them in more famil-
iar, more easily accessible places.
STATE OF NEW YORK
________________________________________________________________________
10350
IN ASSEMBLY
May 18, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) --
(at request of the Office of Court Administration) -- read once and
referred to the Committee on Judiciary
AN ACT to amend the judiciary law, the civil practice law and rules, the
court of claims act, the New York city criminal court act, the uniform
district court act, the uniform city court act, the uniform justice
court act, the criminal procedure law and the family court act, in
relation to filing by electronic means; to amend chapter 237 of the
laws of 2015 amending the judiciary law, the civil practice law and
rules and other laws relating to the use of electronic means for the
commencement and filing of papers in certain actions and proceedings,
in relation to the effectiveness thereof; and to repeal certain
provisions of the civil practice law and rules, the criminal procedure
law and the family court act, relating to court filings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Clause (A) of subparagraph (i) and subparagraphs (iv), (v)
2 and (vi) of paragraph (u) of subdivision 2 of section 212 of the judici-
3 ary law, clause (A) of subparagraph (i) as amended by chapter 99 of the
4 laws of 2017, subparagraphs (iv), (v) and (vi) as added by chapter 237
5 of the laws of 2015 and such paragraph as relettered by section 1 of
6 part BB of chapter 55 of the laws of 2017, are amended to read as
7 follows:
8 (A) Not later than February first in each calendar year, the chief
9 administrator of the courts shall submit to the legislature, the gover-
10 nor and the chief judge of the state a report evaluating the state's
11 experience with programs in the use of electronic means for the
12 commencement of actions and proceedings and the service of papers there-
13 in as authorized by law and containing such recommendations for further
14 legislation as he or she shall deem appropriate. In the preparation of
15 such report, the chief administrator shall consult with each county
16 clerk in whose county a program has been implemented in [civil cases in]
17 the supreme [court] and/or county court, each district attorney in whose
18 county a program has been implemented in criminal cases in the courts of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03573-01-3
A. 10350 2
1 such county, the advisory committees established pursuant to subpara-
2 graphs (ii) through (vi) of this paragraph, the organized bar including
3 but not limited to city, state, county and women's bar associations; the
4 office of indigent legal services; institutional legal service provid-
5 ers; not-for-profit legal service providers; public defenders; attorneys
6 assigned pursuant to article eighteen-B of the county law; unaffiliated
7 attorneys who regularly appear in proceedings that are or have been
8 affected by any programs that have been implemented or who may be
9 affected by the proposed recommendations for further legislation; repre-
10 sentatives of victims' rights organizations; and any other persons in
11 whose county a program has been implemented in any of the courts therein
12 as deemed to be appropriate by the chief administrator, and afford them
13 an opportunity to submit comments with respect to such implementation
14 for inclusion in the report and address any such comments.
15 Public comments shall also be sought via a prominent posting on the
16 website of the office of court administration. All comments received
17 from any source shall be posted for public review on the same website.
18 (iv) The chief administrator shall maintain an advisory committee to
19 consult with him or her in the implementation of laws affecting the
20 program in the use of electronic means for the commencement of civil
21 actions and proceedings and the service and filing of papers therein in
22 the civil court of the city of New York, the district courts, the city
23 courts outside New York city, and the town and village justice courts.
24 This committee shall consist of such number of members as the chief
25 administrator shall designate, among which there shall be the chief
26 clerk of the civil court of the city of New York; one or more chief
27 clerks of the district courts, the city courts outside New York city,
28 and the town and village justice courts; the president of the state
29 magistrates' association or his or her designee; representatives of the
30 organized bar including but not limited to city, state, county and
31 women's bar associations; [attorneys who regularly appear in actions
32 specified in subparagraph (C) of paragraph two of subdivision (b) of
33 section twenty-one hundred eleven of the civil practice law and rules;]
34 and unaffiliated attorneys who regularly appear in proceedings that are
35 or have been affected by the programs that have been implemented or who
36 may be affected by any recommendations for further legislation concern-
37 ing the use of electronic means for the commencement of actions and
38 proceedings and the service and filing of papers therein in [the civil
39 court of the city of New York] any of the courts specified in this
40 subparagraph; and any other persons as deemed appropriate by the chief
41 administrator. Such committee shall help the chief administrator to
42 evaluate the impact of such electronic filing program on litigants
43 including unrepresented parties, practitioners and the courts and to
44 obtain input from those who are or would be affected by such electronic
45 filing program, including unrepresented parties, city, state, county and
46 women's bar associations; institutional legal service providers; not-
47 for-profit legal service providers; attorneys assigned pursuant to arti-
48 cle eighteen-B of the county law; unaffiliated attorneys who regularly
49 appear in proceedings that are or have been affected by the programs
50 that have been implemented or who may be affected by any recommendations
51 for further legislation concerning the use of the electronic filing
52 program in any of the [civil court of the city of New York] courts spec-
53 ified in this subparagraph; and any other persons in whose county a
54 program has been implemented in any of the courts therein as deemed to
55 be appropriate by the chief administrator.
A. 10350 3
1 (v) The chief administrator shall maintain an advisory committee to
2 consult with him or her in the implementation of laws affecting the
3 program in the use of electronic means for the commencement of criminal
4 actions and the filing and service of papers in pending criminal actions
5 and proceedings[, as first authorized by paragraph one of subdivision
6 (c) of section six of chapter four hundred sixteen of the laws of two
7 thousand nine, as amended by chapter one hundred eighty-four of the laws
8 of two thousand twelve, is continued]. The committee shall consist of
9 such number of members as will enable the chief administrator to obtain
10 input from those who are or would be affected by such electronic filing
11 program, and such members shall include county clerks; chief clerks of
12 supreme, county and other courts; district attorneys; representatives of
13 the office of indigent legal services; not-for-profit legal service
14 providers; public defenders; statewide and local specialty bar associ-
15 ations whose membership devotes a significant portion of their practice
16 to assigned criminal cases pursuant to subparagraph (i) of paragraph (a)
17 of subdivision three of section seven hundred twenty-two of the county
18 law; institutional providers of criminal defense services and other
19 members of the criminal defense bar; representatives of victims' rights
20 organizations; unaffiliated attorneys who regularly appear in
21 proceedings that are or would be affected by such electronic filing
22 program and other interested members of the criminal justice community.
23 Such committee shall help the chief administrator to evaluate the impact
24 of such electronic filing program on litigants including unrepresented
25 parties, practitioners and the courts and to obtain input from those who
26 are or would be affected by such electronic filing program, including
27 unrepresented parties, district attorneys, not-for-profit legal service
28 providers, public defenders, statewide and local specialty bar associ-
29 ations whose membership devotes a significant portion of their practice
30 to assigned criminal cases pursuant to subparagraph (i) of paragraph (a)
31 of subdivision three of section seven hundred twenty-two of the county
32 law; institutional providers of criminal defense services and other
33 members of the criminal defense bar, representatives of victims' rights
34 organizations, unaffiliated attorneys who regularly appear in
35 proceedings that are or would be affected by such electronic filing
36 program and other interested members of the criminal justice community.
37 (vi) The chief administrator shall maintain an advisory committee to
38 consult with him or her in the implementation of laws affecting the
39 program in the use of electronic means for the origination of [juvenile
40 delinquency] proceedings [under article three of the family court act
41 and abuse or neglect proceedings pursuant to article ten of the family
42 court act] in family court and the filing and service of papers in such
43 pending proceedings[, as first authorized by paragraph one of subdivi-
44 sion (d) of section six of chapter four hundred sixteen of the laws of
45 two thousand nine, as amended by chapter one hundred eighty-four of the
46 laws of two thousand twelve, is continued]. The committee shall consist
47 of such number of members as will enable the chief administrator to
48 obtain input from those who are or would be affected by such electronic
49 filing program, and such members shall include chief clerks of family
50 courts; representatives of authorized presentment and child protective
51 agencies; other appropriate county and city government officials; insti-
52 tutional providers of legal services for children and/or parents; not-
53 for-profit legal service providers; public defenders; representatives of
54 the office of indigent legal services; attorneys assigned pursuant to
55 article eighteen-B of the county law; and other members of the family
56 court bar; representatives of victims' rights organizations; unaffil-
A. 10350 4
1 iated attorneys who regularly appear in proceedings that are or would be
2 affected by such electronic filing program; and other interested members
3 of the family practice community. Such committee shall help the chief
4 administrator to evaluate the impact of such electronic filing program
5 on litigants including unrepresented parties, practitioners and the
6 courts and to obtain input from those who are or would be affected by
7 such electronic filing program, including unrepresented parties, repre-
8 sentatives of authorized presentment and child protective agencies,
9 other appropriate county and city government officials, institutional
10 providers of legal services for children and/or parents, not-for-profit
11 legal service providers, public defenders, attorneys assigned pursuant
12 to article eighteen-B of the county law and other members of the family
13 court bar, representatives of victims' rights organizations, unaffil-
14 iated attorneys who regularly appear in proceedings that are or would be
15 affected by such electronic filing program, and other interested members
16 of the criminal justice community.
17 § 2. Subdivision (a) of section 2111 of the civil practice law and
18 rules, as added by chapter 237 of the laws of 2015, is amended to read
19 as follows:
20 (a) Notwithstanding any other provision of law, the chief administra-
21 tor of the courts, with the approval of the administrative board of the
22 courts, may promulgate rules authorizing a program in the use of facsim-
23 ile transmission only in the court of claims and electronic means in the
24 [supreme court, the civil court of the city of New York, surrogate's
25 courts and the court of claims] courts of New York having civil juris-
26 diction for: (i) the commencement of civil actions and proceedings, and
27 (ii) the filing and service of papers in pending actions and
28 proceedings. Provided, however, the chief administrator shall consult
29 with the county clerk of a county outside the city of New York before
30 the use of electronic means is to be authorized hereunder in the supreme
31 court or the county court of such county, afford him or her the opportu-
32 nity to submit comments with respect thereto, consider any such comments
33 and obtain the agreement thereto of such county clerk.
34 § 3. Paragraphs 1, 2 and 2-a of subdivision (b) of section 2111 of the
35 civil practice law and rules are REPEALED and two new paragraphs 1 and 2
36 are added to read as follows:
37 1. Participation in this program may be required or may be voluntary
38 as provided by the chief administrator, except that it shall be strictly
39 voluntary as to any party to an action or proceeding who is not repres-
40 ented by counsel.
41 2. (A) Where participation in this program is to be voluntary:
42 (i) commencement of an action or proceeding by facsimile transmission
43 or electronic means shall not require the consent of any other party;
44 nor shall a party's failure to consent to participation in an action or
45 proceeding bar any other party to the action or proceeding from filing
46 and serving papers by facsimile transmission or electronic means upon
47 the court or any other party to such action or proceeding who has
48 consented to participation;
49 (ii) all parties shall be notified clearly, in plain language, about
50 their options to participate in filing by electronic means;
51 (iii) no party to an action or proceeding shall be compelled, directly
52 or indirectly, to participate;
53 (iv) where a party is not represented by counsel, the court shall
54 explain such party's options for electronic filing in plain language,
55 including the option for expedited processing, and shall inquire whether
56 he or she wishes to participate, provided however the unrepresented
A. 10350 5
1 litigant may participate in the program only upon his or her request,
2 which shall be documented in the case file, after said party has been
3 presented with sufficient information in plain language concerning the
4 program.
5 (B) Where participation in this program is to be required:
6 (i) such requirement shall not be effective in a court in a county
7 unless, in addition to consulting with the county clerk of such county
8 and obtaining his or her agreement thereto if the court is a supreme
9 court or county court, the chief administrator shall:
10 (1) first consult with members of the organized bar including but not
11 limited to city, state, county, and women's bar associations and, where
12 they practice in such court in such county, with (a) institutional
13 service providers, (b) not-for-profit legal service providers, (c)
14 attorneys assigned pursuant to article eighteen-B of the county law, (d)
15 unaffiliated attorneys who regularly appear in proceedings that are or
16 have been affected by a program of electronic filing in such county, and
17 (e) any other persons as deemed to be appropriate by the chief adminis-
18 trator;
19 (2) afford all those with whom he or she consults pursuant to item one
20 of this clause the opportunity to submit comments with respect to the
21 program, which comments, including but not limited to comments related
22 to unrepresented litigants, he or she shall consider and shall post for
23 public review on the office of court administration's website; and
24 (ii) as provided in paragraph three of this subdivision, no party who
25 is not represented by counsel nor any counsel in an affected case who
26 opts out of participation in the program shall be required to partic-
27 ipate therein.
28 § 4. The opening paragraph of paragraph 3 of subdivision (b) of
29 section 2111 of the civil practice law and rules, as added by chapter
30 237 of the laws of 2015, is amended to read as follows:
31 Where the chief administrator [eliminates the requirement of consent]
32 requires participation in electronic filing as provided in paragraph
33 [two] one of this subdivision, he or she shall afford counsel the oppor-
34 tunity to opt out of the program, via presentation of a prescribed form
35 to be filed with the clerk of the court where the action is pending.
36 [Said] Such form shall permit an attorney to opt out of participation in
37 the program under any of the following circumstances, in which event, he
38 or she will not be compelled to participate:
39 § 5. Section 2112 of the civil practice law and rules, as amended by
40 chapter 99 of the laws of 2017, is amended to read as follows:
41 § 2112. Filing of papers in the appellate division by electronic
42 means. Notwithstanding any other provision of law, and except as other-
43 wise provided in subdivision (c) of section twenty-one hundred eleven of
44 this article, the appellate division in each judicial department may
45 promulgate rules authorizing a program in the use of electronic means
46 for: (i) appeals to such court from the judgment or order of a court of
47 original instance or from that of another appellate court, (ii) making a
48 motion for permission to appeal to such court, (iii) commencement of any
49 other proceeding that may be brought in such court, and (iv) the filing
50 and service of papers in pending actions and proceedings. Provided
51 however, such rules shall not require an unrepresented party or any
52 attorney who furnishes a certificate specified in subparagraph (A) or
53 (B) of paragraph three of subdivision (b) of section twenty-one hundred
54 eleven of this article to take or perfect an appeal by electronic means.
55 Provided further, however, before promulgating any such rules, the
56 appellate division in each judicial department shall consult with the
A. 10350 6
1 chief administrator of the courts and shall provide an opportunity for
2 review and comment by all those who are or would be affected including
3 city, state, county and women's bar associations; institutional legal
4 service providers; not-for-profit legal service providers; attorneys
5 assigned pursuant to article eighteen-B of the county law; unaffiliated
6 attorneys who regularly appear in proceedings that are or have been
7 affected by the programs that have been implemented or who may be
8 affected by promulgation of rules concerning the use of the electronic
9 filing program in the appellate division of any judicial department; and
10 any other persons in whose county a program has been implemented in any
11 of the courts therein as deemed to be appropriate by any appellate divi-
12 sion. To the extent practicable, rules promulgated by the appellate
13 division in each judicial department pursuant to this section shall be
14 uniform and may apply to any appellate term established by an appellate
15 division.
16 § 6. Subdivision 1 of section 11-b of the court of claims act, as
17 added by chapter 237 of the laws of 2015, is amended to read as follows:
18 1. Notwithstanding any other provision of law, the chief administrator
19 of the courts[, with the approval of the administrative board of the
20 courts,] may authorize a program in the [voluntary] use of facsimile
21 transmission and electronic means in the court as provided in article
22 twenty-one-A of the civil practice law and rules.
23 § 7. The New York city criminal court act is amended by adding a new
24 section 42 to read as follows:
25 § 42. Use of electronic filing authorized. (1) Notwithstanding any
26 other provision of law, the chief administrator of the courts may
27 authorize a program in the use of electronic means in cases in the crim-
28 inal court of the city of New York as provided in section 10.40 of the
29 criminal procedure law.
30 (2) For purposes of this section, "electronic means" shall have the
31 same meaning as defined by subdivision (f) of rule twenty-one hundred
32 three of the civil practice law and rules.
33 § 8. The uniform district court act is amended by adding a new section
34 2103-a to read as follows:
35 § 2103-a. Use of electronic filing authorized.
36 (a) Notwithstanding any other provision of law, the chief administra-
37 tor of the courts may authorize a program in the use of electronic means
38 in civil cases in a district court as provided in article twenty-one-A
39 of the civil practice law and rules, and in criminal cases as provided
40 in section 10.40 of the criminal procedure law.
41 (b) For purposes of this section, "electronic means" shall have the
42 same meaning as defined by subdivision (f) of rule twenty-one hundred
43 three of the civil practice law and rules.
44 § 9. The uniform city court act is amended by adding a new section
45 2103-a to read as follows:
46 § 2103-a. Use of electronic filing authorized.
47 (a) Notwithstanding any other provision of law, the chief administra-
48 tor of the courts may authorize a program in the use of electronic means
49 in civil cases in a city court as provided in article twenty-one-A of
50 the civil practice law and rules, and in criminal cases as provided in
51 section 10.40 of the criminal procedure law.
52 (b) For purposes of this section, "electronic means" shall have the
53 same meaning as defined by subdivision (f) of rule twenty-one hundred
54 three of the civil practice law and rules.
55 § 10. The uniform justice court act is amended by adding a new section
56 2103-a to read as follows:
A. 10350 7
1 § 2103-a. Use of electronic filing authorized.
2 (a) Notwithstanding any other provision of law, the chief administra-
3 tor of the courts may authorize a program in the use of electronic means
4 in civil cases in a justice court as provided in article twenty-one-A of
5 the civil practice law and rules, and in criminal cases as provided in
6 section 10.40 of the criminal procedure law.
7 (b) For purposes of this section, "electronic means" shall have the
8 same meaning as defined by subdivision (f) of rule twenty-one hundred
9 three of the civil practice law and rules.
10 § 11. Paragraph (a) of subdivision 2 of section 10.40 of the criminal
11 procedure law, as added by chapter 237 of the laws of 2015, is amended
12 to read as follows:
13 (a) Notwithstanding any other provision of law, the chief administra-
14 tor, with the approval of the administrative board of the courts, may
15 promulgate rules authorizing a program in the use of electronic means
16 ("e-filing") in the [supreme court and in the county court] courts of
17 New York having criminal jurisdiction for: (i) the filing with a court
18 of an accusatory instrument for the purpose of commencement of a crimi-
19 nal action or proceeding [in a superior court, as provided by articles
20 one hundred ninety-five and two hundred of this chapter], and (ii) the
21 filing and service of papers in pending [criminal] actions and
22 proceedings. Provided, however, the chief administrator shall consult
23 with the county clerk of a county outside the city of New York before
24 the use of electronic means is to be authorized hereunder in the supreme
25 court or county court of such county, afford him or her the opportunity
26 to submit comments with respect thereto, consider any such comments and
27 obtain the agreement thereto of such county clerk.
28 § 12. Paragraph (b) of subdivision 2 of section 10.40 of the criminal
29 procedure law is REPEALED and a new paragraph (b) is added to read as
30 follows:
31 (b) Participation in this program may be required or may be voluntary
32 as provided by the chief administrator, except that it shall be strictly
33 voluntary as to any party to an action or proceeding who is not repres-
34 ented by counsel unless such party, upon his or her request, chooses to
35 participate.
36 § 13. Paragraphs (c) and (d) of subdivision 2 of section 10.40 of the
37 criminal procedure law, as added by chapter 237 of the laws of 2015, are
38 relettered paragraphs (d) and (e) and a new paragraph (c) is added to
39 read as follows:
40 (c) (i) Where participation in this program is to be voluntary: (A)
41 filing an accusatory instrument by electronic means with the court for
42 the purpose of commencement of an action or proceeding shall not require
43 the consent of any other party; nor shall a party's failure to consent
44 to participation in an action or proceeding bar any other party to such
45 action or proceeding from filing and serving papers by facsimile trans-
46 mission or electronic means upon the court or any other party to such
47 action or proceeding who has consented to participation;
48 (B) all parties shall be notified clearly, in plain language, about
49 their options to participate in filing by electronic means;
50 (C) no party to an action or proceeding shall be compelled, directly
51 or indirectly, to participate;
52 (D) where a party is not represented by counsel, the court shall
53 explain such party's options for electronic filing in plain language,
54 including the option for expedited processing, and shall inquire whether
55 he or she wishes to participate, provided however the unrepresented
56 litigant may participate in the program only upon his or her request,
A. 10350 8
1 which shall be documented in the case file, after said party has been
2 presented with sufficient information in plain language concerning the
3 program.
4 (ii) Where participation in this program is to be required:
5 (A) such requirement shall not be effective in a court in a county
6 unless, in addition to consulting with the county clerk of such county
7 and obtaining his or her agreement thereto if the court is a supreme
8 court or county court, the chief administrator shall:
9 (1) first consult with and obtain the agreement of the district attor-
10 ney and the criminal defense bar of such county, provide all persons and
11 organizations, or their representative or representatives, who regularly
12 appear in criminal actions or proceedings in the criminal courts of such
13 county with reasonable notice and opportunity to submit comments with
14 respect thereto and give due consideration to all such comments, and
15 consult with the members of the advisory committee specified in subpara-
16 graph (v) of paragraph (u) of subdivision two of section two hundred
17 twelve of the judiciary law; and
18 (2) afford all those with whom he or she consults pursuant to item one
19 of this clause the opportunity to submit comments with respect to the
20 program, which comments, including but not limited to comments related
21 to unrepresented litigants, he or she shall consider and shall post for
22 public review on the office of court administration's website; and
23 (B) as provided in paragraph (d) of this subdivision, no party who is
24 not represented by counsel nor any counsel in an affected case who opts
25 out of participation in the program shall be required to participate
26 therein.
27 § 14. The opening paragraph of paragraph (d) of subdivision 2 of
28 section 10.40 of the criminal procedure law, as added by chapter 237 of
29 the laws of 2015 and such paragraph as relettered by section thirteen of
30 this act, is amended to read as follows:
31 Where the chief administrator [eliminates the requirement of consent]
32 requires participation in electronic filing as provided in [subparagraph
33 (ii) of] paragraph (b) of this subdivision, he or she shall afford coun-
34 sel the opportunity to opt out of the program, via presentation of a
35 prescribed form to be filed with the court where the criminal action is
36 pending. Said form shall permit an attorney to opt out of participation
37 in the program under any of the following circumstances, in which event,
38 he or she will not be compelled to participate:
39 § 15. Subparagraph (ii) of paragraph (e) of subdivision 2 of section
40 10.40 of the criminal procedure law, as added by chapter 237 of the laws
41 of 2015 and such paragraph as relettered by section thirteen of this
42 act, is amended to read as follows:
43 (ii) Notwithstanding any other provision of this section, no paper or
44 document that is filed by electronic means in a criminal proceeding [in
45 supreme court or county court] shall be available for public inspection
46 on-line. Subject to the provisions of existing laws governing the seal-
47 ing and confidentiality of court records, nothing herein shall prevent
48 the unified court system from sharing statistical information that does
49 not include any papers or documents filed with the action; and, provided
50 further, that this paragraph shall not prohibit the chief administrator,
51 in the exercise of his or her discretion, from posting papers or docu-
52 ments that have not been sealed pursuant to law on a public website
53 maintained by the unified court system where: (A) the website is not the
54 website established by the rules promulgated pursuant to paragraph (a)
55 of this subdivision, and (B) to do so would be in the public interest.
56 For purposes of this subparagraph, the chief administrator, in determin-
A. 10350 9
1 ing whether posting papers or documents on a public website is in the
2 public interest, shall, at a minimum, take into account for each posting
3 the following factors: (A) the type of case involved; (B) whether such
4 posting would cause harm to any person, including especially a minor or
5 crime victim; (C) whether such posting would include lewd or scandalous
6 matters; and (D) the possibility that such papers or documents may ulti-
7 mately be sealed.
8 § 16. Subdivision (b) of section 214 of the family court act is
9 REPEALED and a new subdivision (b) is added to read as follows:
10 (b)(i) Notwithstanding any other provision of law, the chief adminis-
11 trator, with the approval of the administrative board of the courts, may
12 promulgate rules authorizing a program in the use of electronic means
13 ("e-filing") in the family court for: (1) the origination of proceedings
14 in such court, and (2) the filing and service of papers in pending
15 proceedings.
16 (ii) Participation in this program may be required or may be voluntary
17 as provided by the chief administrator, except that it shall be strictly
18 voluntary as to any party to an action or proceeding who is not repres-
19 ented by counsel unless such party, upon his or her request, chooses to
20 participate.
21 § 17. Subdivisions (c), (d), (e), (f) and (g) of section 214 of the
22 family court act, as added by chapter 237 of the laws of 2015, are
23 relettered subdivisions (d), (e), (f), (g) and (h) and a new subdivision
24 (c) is added to read as follows:
25 (c) (i) Where participation in this program is to be voluntary:
26 (1) filing a petition by electronic means with the court for the
27 purpose of originating a proceeding shall not require the consent of any
28 other party; nor shall the failure of a party or other person who is
29 entitled to notice of the proceedings to consent to participation bar
30 any other party from filing and serving papers by electronic means upon
31 the court or any other party or person entitled to receive notice of
32 such proceeding who has consented to participation;
33 (2) all parties shall be notified clearly, in plain language, about
34 their options to participate in filing by electronic means;
35 (3) no party to an action or proceeding shall be compelled, directly
36 or indirectly, to participate;
37 (4) where a party is not represented by counsel, the court shall
38 explain such party's options for electronic filing in plain language,
39 including the option for expedited processing, and shall inquire whether
40 he or she wishes to participate, provided however the unrepresented
41 litigant may participate in the program only upon his or her request,
42 which shall be documented in the case file, after said party has been
43 presented with sufficient information in plain language concerning the
44 program;
45 (5) upon the filing of a petition with the court by electronic means,
46 a party to the proceeding and any attorney for such person shall be
47 permitted to immediately review and obtain copies of such documents and
48 papers if such person or attorney would have been authorized by law to
49 review or obtain copies of such documents and papers if they had been
50 filed with the court in paper form.
51 (ii) Where participation in this program is to be required:
52 (1) such requirement shall not be effective in a court in a county
53 unless the chief administrator shall:
54 (A) first consult with and obtain the agreement of each authorized
55 presentment agency, child protective agency, the family court bar
56 providing representation to parents, and the family court bar providing
A. 10350 10
1 representation to children (as represented by the head of each legal
2 services organization representing parents and/or children, the head of
3 each public defender organization, and president of the local bar asso-
4 ciation as applicable) of such county, provide all persons or organiza-
5 tions, or their representative or representatives, who regularly appear
6 in proceedings in the family court of such county, in which proceedings
7 the requirement of consent is to be eliminated with reasonable notice
8 and an opportunity to submit comments with respect thereto and give due
9 consideration to all such comments, and consult with the members of the
10 advisory committee continued pursuant to subparagraph (vi) of paragraph
11 (u) of subdivision two of section two hundred twelve of the judiciary
12 law; and
13 (B) afford all those with whom he or she consults pursuant to clause
14 (A) of this subparagraph with a reasonable opportunity to submit
15 comments with respect to the program, which comments he or she shall
16 consider and shall post for public review on the office of court admin-
17 istration's website; and
18 (C) consult with the members of the advisory committee continued
19 pursuant to subparagraph (vi) of paragraph (u) of subdivision two of
20 section two hundred twelve of the judiciary law; and
21 (2) as provided in subdivision (d) of this section, no party who is
22 not represented by counsel nor any counsel in an affected case who opts
23 out of participation in the program shall be required to participate
24 therein.
25 § 18. Section 11 of chapter 237 of the laws of 2015 amending the judi-
26 ciary law, the civil practice law and rules and other laws relating to
27 the use of electronic means for the commencement and filing of papers in
28 certain actions and proceedings, as amended by chapter 554 of the laws
29 of 2022, is amended to read as follows:
30 § 11. This act shall take effect immediately[; provided that sections
31 four, five, six and seven of this act shall each expire and be deemed
32 repealed September 1, 2027; and provided that paragraph 2-a of subdivi-
33 sion (b) of section 2111 of the civil practice law and rules, as added
34 by section two of this act, shall expire and be deemed repealed Septem-
35 ber 1, 2027].
36 § 19. This act shall take effect immediately.
