THE APPELLATE INSIDER BLOG

Home / Blogs / Expansion of Mandatory E-filing in the Appellate Division, First Department as of July 27, 2020

Expansion of Mandatory E-filing in the Appellate Division, First Department as of July 27, 2020

by | Aug 6, 2020

Appellate Division of the Supreme Court
First Judicial Department
NOTICE TO THE BAR AND THE PUBLIC
Expansion of Mandatory E-filing in the Appellate
Division, First Department

Effective July 27,2020, the Appellate Division, First Department expanded the
categories of appeals that are subject to e-filing through the New York State Court
Electronic Filing System (NYSCEF) to include all matters originating in the following
courts in Bronx and New York Counties:

 Supreme Court, Criminal Term;
 Family Court;
 Surrogate’s Court; and
 Court of Claims.

This expansion applies to all matters in these categories, including appeals which have
already been perfected. E-filing is required regardless of whether the matters were efiled at the trial level.
With this latest expansion, e-filing will be mandatory in all matters before the
First Department, except:

1. Original Special Proceedings; and
2. Attorney Matters.

In matters where notices of appeal have been filed, attorneys for appellants and
respondents are encouraged to immediately enter the initial information required for efiling under 22 NYCRR § 1245.3.
Criminal and Family Matters with Assigned Counsel: Entry of Initial
Information for E-filing under 22 NYCRR § 1245.3
Criminal Matters

In criminal matters, the entry of initial information for electronic filing pursuant
to 22 NYCRR § 1245.3(a) is not required until the Court issues an order granting poor
person relief and assigning counsel.
Notice to the Bar and Public
Expansion of E-filing

Within 14 days of the date of the order of assignment, counsel for appellant shall register
or confirm registration as an authorized e-filer with NYSCEF, enter the required
information about the cause and parties and upload a copy of the notice of appeal and
order of assignment.

NOTE: In matters where counsel has already been assigned, counsel is required to
immediately enter the required information in NYSCEF and upload a copy of the notice
of appeal and order of assignment.

Family Court Matters

In appeals from Family Court matters, the entry of the initial information shall be
made by the trial counsel for the appellant. Within 14 days of the filing of the notice of
appeal, assigned trial counsel for appellant shall:

 register or confirm registration as an authorized e-filer with NYSCEF;
 enter the requisite information about the cause and parties; and
 upload a copy of the notice of appeal and a Family Court Act § 1118 Certification
for the appointment of appellate counsel.

After trial counsel enters the initial information and uploads the notice of appeal,
counsel shall serve the notification of the appellate case number, as required by 22
NYCRR § 1245.3(b), upon respondent’s trial counsel or respondent, if respondent was
self-represented at the trial level.

Within 20 days of service of the notification of the appellate case number, assigned trial
counsel for respondent shall:

 register or confirm registration as an authorized e-filer with NYSCEF;
 enter contact information in NYSCEF; and
 upload a Family Court Act § 1118 Certification for the appointment of appellate
counsel.

Upon the appointment of appellate counsel for either appellant or respondent, such
appointed counsel shall, within 7 days of date of the order of appointment, e-file a copy
of the order of appointment and update the attorney information on NYSCEF.

NOTE: In matters where counsel has already been assigned, counsel is required to
immediately enter the required information in NYSCEF and upload a copy of the notice
of appeal and order of assignment.

Recent Posts

HOW TO PREPARE FOR ORAL ARGUMENT

ERIC J. KUPERMAN, ESQ. | Executive Vice President of Sales | PHP To effectively prepare for oral argument at the Appellate Division, numerous factors and considerations must be taken into account. Of course, those arguing an appeal must know the Appellate Division is...

Wednesday Wisdom

Sometimes filings contain errors on NYSCEF. If the clerk detects some defects in documents that have been e-filed, such as if papers for a different case are inadvertently attached the clerk may inform the filer and request that a corrected copy of those documents be...

Blog Categories