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I WANT TO FILE AN INTERIM RELIEF APPLICATION IN AD1. WILL THE COURT PERMIT THE INITIAL SUBMISSION TO BE FILED AND SERVED IN HARD COPY?

by | Apr 3, 2024

VICTORIA RAMOS | Sales Consultant | PHP

Interim relief applications must be filed with the Appellate Division First Department when seeking specific relief from the Court that cannot be requested via stipulation, letter application, or a standalone motion. If you must file such an application, you may wonder what the requirements are for serving and filing the application with the Court. Applications for interim relief and the accompanying motion papers must be electronically filed on the appellate docket under the applicable case number. If there is full participation on the appellate docket or more than 20-days have elapsed since the notification of case number was served, you are not required to serve a hard copy on opposing counsel. All parties will receive an electronic notification of the filing from the NYSCEF system if they’ve recorded their representation. If any party has not recorded their representation on the docket after 20-days from the date the notification of case number was served, the Court considers those parties served via NYSCEF. However, they will not receive notifications of filings from NYSCEF. If you would like, you may serve opposing counsel with a courtesy copy— but it is not required.

There are, however, a few circumstances where the initial submission is not e-filed on the appellate docket. If you are filing the application in an original proceeding, the application must be served in hard copy and filed via the digital submissions AD1 portal. If you are a self-represented litigant, you are exempt from e-filing and must serve and file the initial submission in hard copy. The Court will allow self-represented litigants to participate in e-filing voluntarily. If you are a self-represented litigant— who decided to participate in e-filing voluntarily— your application must be e-filed on the appellate docket.

While hard copy service is not required— in all circumstances— the Court is now enforcing rule 1250.4(b)(2) for interim relief. This rule requires that your affirmation in support indicates that you have given your adversary notice of the day and time when you are filing the application. Your affirmation must also state the manner in which the notice was given. The interim application form will also have a section where you must indicate if you have notified your adversary and if they have consented. All in all, interim relief applications can be tricky. If you have any further questions regarding the procedure for filing an interim application, feel free to contact me directly. I will be happy to walk you through the process.

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