Keeping you up to date on the ever expanding
rules of E-Filing.
HOW TO E-FILE on NYSCEF
ELECTRONIC FILING RULES OF THE APPELLATE DIVISION
The joint rules of the Appellate Division on Electronic Filing
(22 NYCRR Part 1245) may be found by clicking below.
As of January 1, 2020 the cases and case types subject
to electronic filing in each Department are as follows:
First Department
All case types e-filed (mandatory or consensual) in the Supreme Court, Bronx and New York Counties; and Contested Matrimonial.
Third Department
Currently, all matters in the Third Judicial Department are subject to mandatory e-filing except for: Appeals in Criminal cases, appeals in Workers’ Compensation cases, appeals in Unemployment Insurance cases, CPLR article 78 proceedings that have been transferred to the Appellate Division pursuant to CPLR 7804 (g), Original proceedings commenced in the Third Department, Any appeal in which the appellant is exempt from e-filing pursuant to 22 NYCRR 1245.4 (a)
Second Department
All cases in Westchester Supreme & Surrogate’s Court, Suffolk, Orange, Dutchess, Putnam, Rockland and Queens Counties
Fourth Department
E-filing is currently mandatory in the Fourth Department in all appeals from the Commercial Division of Supreme Court, all appeals in matters originating in, or transferred to, Surrogate’s Court, all matters that were e-filed in Supreme Court, and all non-Family Court civil matters files in Supreme Court. *E-filing is set to become mandatory in criminal appeals and in appeals from Family Court in all matters in which a notice of appeal is filed on or after July 1, 2020.
Notification of Case Number and Other Information in E-Filed Appeal or Transferred Matter
A form notifying other parties of the case number assigned to an appeal or transferred matter.
Statement of Authorization for Electronic Filing (Individual Attorney Authorizing Filing Agent)
A fill-in-the-blanks form authorizing a filing agent to e-file documents on behalf of an individual attorney.
Notification of Case Number and Other Information in E-Filed Original Proceeding
A form notifying other parties of the case number assigned to an original proceeding.
Notice of Intent to Cease E-Filing
This form must be served on all parties and filed with the court when a self-represented litigant withdraws his or her consent to participate in e-filing in a particular matter pursuant to 22 NYCRR 1245.4(e).
Notice of Hard Copy Submission
– E-Filed Matter
This form shall accompany hard copy submissions in e-filed matters as provided in 22 NYCRR 1245.4(b) and 1245.6(c).
Statement of Authorization for Electronic Filing
(Managing Attorney Authorizing Filing Agent)
A fill-in-the-blanks form authorizing a filing agent to e-file documents on behalf of multiple attorneys within the same firm/agency.
Attorney Exemption Certification
This form must be served and filed with the Clerk’s office when an attorney seeks an exemption from e-filing pursuant to 22 NYCRR 1245.4(a)(2).
Revocation of Authorization for Electronic Filing
– Managing Attorney
A fill-in-the-blanks form revoking a prior authorization given to a filing agent to e-file documents on behalf of multiple attorneys in the same firm/agency.
Revocation of Authorization for Electronic Filing
– Individual Attorney
A fill-in-the-blanks form revoking a prior authorization given to a filing agent to e-file documents on behalf of an individual attorney.
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