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NYSCEF Alert Systems: Be Aware of Notification Reliance

by | Mar 5, 2020

As more and more appeals are falling under the new NYS Appellate Division efiling guidelines, it is important to understand how important it is to monitor your NYSCEF notifications. The system used by the Appellate Divisions is comparable to the methods used by the underlying Courts. For instance, once you upload a document you will receive a confirmation notification via email stating the efiling is “pending.” Once the Court approves the document you have efiled, you will receive a follow up notification (NYSCEF Alert) changing the status of that filing from “pending” to “processed.” At that point, you will be required to file the requisite number of hard copies with the Court within two business days. When filing a letter application, stipulation or motion papers, the Court requires one paper copy following the approval of your efiling. If you are filing a Record, Appendix, Appellant’s Brief, Respondent’s Brief or Reply Brief, the Court requires five copies and one original copy of these pleadings. If you fail to meet the hard copy requirement, your filing will be rejected and the motion or appeal may be dismissed by Court order.

Lastly, you may receive a notification regarding an efiled document that needs corrections. In that case, the NYSCEF alert email will explain the reason(s) behind the Court’s request for revisions and prompt you to use the link found on the associated docket entry. In this case, it is imperative that you use the link to correct the filing, as opposed to refiling the corrected document under a new docket entry. Once again, you will receive an alert email changing the status of the corrected filing to “processed,” prompting the user to file the requisite hard copies. In closing, NYSCEF alert emails need to be monitored closely to avoid potential motion practice, stipulations to adjourn deadlines or letter applications for same.

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