Electronic Filing between New York’s City and County Courts

Effective December 1st, 2017, a pilot program in the New York City Civil Courts was launched on a consensual basis for cases filed in New York County’s Supreme Court and subsequently removed to New York City Civil Court. The program allows for both electronic filing and service.  The full details are cited in 22 NYCRR § 202.5-b: Electronic Filing in Supreme Court; Consensual Program.

This pilot program marks a new level of cooperation between courts and an expansion of New York State’s already impressive electronic filing system.

Parties not wishing to participate may file a declination of consent to be filed with the court and served upon all parties within 20 days of an order of removal.

Here are some highlights from NYCRR § 202.5-b:

The NYSCEF Resource Center is an e-filing help center available at 646-386-3033 or efile@nycourts.gov and through the NYSCEF site.

“Consent of the parties required. After commencement of an action wherein e-filing is authorized, documents may be electronically filed and served, but only by, and electronic service shall be made only upon, a party or parties who have consented thereto. A party’s failure to consent to participation in electronic filing and service shall not bar any other party to the action from filing documents electronically with the County Clerk and the court or serving documents upon any other party who has consented to participation. A party who has not consented to participation shall file documents with the court and the County Clerk, and serve and be served with documents, in hard copy. When an e-filing party serves a document in hard copy on a non-participating party, the document served shall bear full signatures of all signatories and proof of such service shall be filed electronically.”

It is important to always know and understand the local rules of the court you’re filing in.

For more information, visit the court’s website.

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