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When uploading a motion to NYSCEF at the Appellate Level, do I file the Supporting Affirmation and Exhibits separately, or together in one PDF?

by | Jul 2, 2020

E-filing a motion in the New York Supreme Court differs a little from filing a motion at the appellate level. When filing a motion with supporting affirmation and related exhibits at the Supreme level, these documents are to be uploaded individually to the docket.  If you look at the NYSCEF document list, you can see that an entry is created for each document. The court also requires documents to be text searchable (OCR). Depending on the Judge, you may or may not be directed to file hard copies of your motion.

However, when it comes to filing a motion at the appellate level, it must be uploaded as a single PDF document. The court also requires that single PDF document to be bookmarked and OCR. In addition, not having the PDF bookmarked with a short description of the documents attached will result in the return of your motion. Once the deficiency is addressed, you will be able to re-upload the motion through the “re-file” button, retaining the original filing date. Please note that once the motion has been processed by the Appellate Division, a hard copy of same is to be filed within three (3) business days.

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