In the Appellate Division, First Department, electronic filing (e-filing) through the New York State Courts Electronic Filing (NYSCEF) system commenced in March 2018 with appeals in commercial matters originating in the Supreme Court, Bronx and New York Counties.
E-filing of all documents, including motions, applications, records and briefs, is mandatory in commercial matters.
Expansion of E-filing
The First Department is expanding the categories of appeals that will be subject e-filing. Beginning on July 15, 2019, e-filing will be mandatory in the following case types originating in the Supreme Court, Bronx and New York Counties:
► Medical, Dental or Podiatric Malpractice
► Other Professional Malpractice
In addition, beginning on July 15, 2019, the Court will permit voluntary, consensual e-filing in all other tort matters originating in the Supreme Court, Bronx and New York Counties. All parties to an appeal must consent to the voluntary participation in e-filing.
This expansion of mandatory e-filing in malpractice matters and the consensual e-filing in other tort matters will be effective as follows:
► Matters in which notices of appeal are dated on or after July 15, 2019;
► Matters in which notices of appeal are dated prior to July 15, 2019 and where the appeal will be perfected on or after September 1, 2019. In these matters, compliance with the requirements of 22 NYCRR 1245.3(a) (Entry of Initial Information for Electronic Filing) will be measured from July 15, 2019.
► Appeals on malpractice matters which have already been perfected are exempt from the mandatory e-filing requirements.
Free online training for attorneys and self-represented litigants is provided by the New York State Courts E-filing Resource Center. Pre-registration is required.
General: In addition to the general formatting requirements set forth in Attachment A to the Electronic Filing Rules of the Appellate Division, all e-filed documents filed in the First Department shall comply with the formatting specifications set forth in the Court’s technical guideline for e-filed documents.
Motion formatting: Motion papers shall be filed as one PDF, which shall contain bookmarks linking to each supporting document/exhibit.
A brief description of the bookmarked document should be included. For example – “Exhibit A – Notice of Appeal.”
Forms – Fillable Appellate Division e-filing forms.
Frequently Asked Questions – The FAQ contains the answers to frequently asked questions about e-filing in the First Department.
For further information please visit: http://www.courts.state.ny.us/courts/ad1/efiling.html