NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6551
SPONSOR: Lavine (MS) TITLE OF BILL: An act to amend chapter 367 of the laws of 1999,
amending the civil practice law and rules and the judiciary law relating
to authorization of pilot programs permitting use of facsimile trans-
mission or electronic means to commence an action or special proceeding,
in relation to electronic filing in civil proceedings in Nassau county
This measure is being introduced at the request of the Chief Administra-
tive Judge of the State.
Since 1999, when the State began its first experiment with e-filing in
the courts (see L. 1999, c. 367), the Legislature has shown a strong
commitment to expanding authority for use of e-filing in legal
proceedings. This has been in recognition of the fact that e-filing in
the courts continues to demonstrate that it can provide substantial
benefits - including lower litigation costs and reduced access-to-jus-
tice barriers especially for solo practitioners, small firms and rural
practice - without prejudicing rights or otherwise compromising the
administration of justice. Indeed, as of this time, in the spring of
2013, the Legislature has granted the Chief Administrative Judge author-
ity to permit e-filing ("consensual e-filing") in all categories of
civil cases in Supreme Court, in Surrogate's Court, in the Court of
Claims and in the NYC Civil Court{1}; and has granted the Chief Adminis-
trative Judge authority to require e-filing ("mandatory e-filing") in
Supreme Court in NYC and in ten counties outside the City in a broad
array of cases{2}, and in Surrogate's Court in any county{3} and in the
NYC Civil Court in one class of cases. Further, the Legislature has
authorized experiments in the use of e-filing in certain proceedings in
criminal and Family Courts.
The instant measure provides a modest addition to the list of venues in
which the Chief Administrative Judge may require e-filing in civil cases
in Supreme Court: Nassau County.
This addition is made with no change to existing statutory limitations
on the Chief Administrative Judge's exercise of her power to require
e-filing in Supreme Court. Most importantly, the local County Clerk must
agree to use of mandatory e-filing in his or her county; mandatory
e-filing is not to be required in matrimonial actions, Election Law
proceedings, CPLR Article 78 proceedings and Mental Hygiene Law
proceedings; and parties to proceedings in which mandatory e-filing is
otherwise required can be excused from compliance under certain circum-
stances (e.g., where a party is pro se or where he or she certifies an
inability to e-file for reasons relating to unavailability of the requi-
site computer equipment or to want of computer skills).
We are advised that the Nassau County Clerk supports this measure and
the use of e-filing in civil parts of Supreme Court in her county.
This measure would take effect immediately and would have no fiscal
impact on the State.
LEGISLATIVE HISTORY: None. New proposal.
{1} This authority to authorize consensual e-filing has been exercised
in 11 counties in Supreme Court, primarily for commercial, tort and tax
certiorari cases; in 8 counties in Surrogate's Court; in the Court of
Claims and in one class of cases in the NYC Civil Court.
{2} The ten counties outside NYC include Erie, Livingston, Monroe, Rock-
land, Tompkins, Allegany, Essex, Onondaga, Suffolk and Westchester. As
of this date, mandatory e-filing has been imposed in one or more civil
case types in Supreme Court in five counties outside NYC (including
Erie, Essex, Rockland, Suffolk and Westchester) and in three counties in
NYC (Bronx, Kings and New York).
{3} As of April 30, 2013, mandatory e-filing will be in effect in Surro-
gates Court in ten counties.
