NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A11389
SPONSOR: Rules (Lavine) TITLE OF BILL:
An act to amend the civil practice law and rules and the criminal proce-
dure law, in relation to electronic filing for the court of appeals
2.
SOURCE OF BILL
This bill is being introduced at the request of the Unified Court
System. 3. Purpose of bill This bill would add a new section 2113 of the
Civil Practice Law and Rules and a new section 460.91 of the Criminal
Procedure Law to create the statutory authority for the filing and
service of papers by electronic means at the Court of Appeals.
4.
SUMMARY OF PROVISIONS
Section 1 of the bill adds a new section 2113 of the Civil Practice Law
and Rules, permitting the Court of Appeals to promulgate rules authoriz-
ing the use of electronic means for: (i) filing and serving briefs in
such court, (ii) filing and serving motions to such court, including for
permission to appeal to such court, (iii) seeking review of a determi-
nation of the state Commission on Judicial Conduct pursuant to section
forty four of the judiciary law, (iv) the certification and consider-
ation of questions from the Supreme Court of the United States, a court
of appeals of the United States or an appellate court of last resort of
another state, and (v) filing and serving papers in pending matters.
Before promulgating any such rules, the Court of Appeals must provide an
opportunity for review and comment by affected stakeholders.
Section 2 of the bill adds a new section 460.91 of the Criminal Proce-
dure Law, permitting the Court of Appeals to promulgate rules authoriz-
ing the use of electronic means for filing and service of briefs and
applications for certificates granting leave to appeal in criminal
cases. Before promulgating any such rules, the Court of Appeals must
provide an opportunity for review and comment by affected stakeholders.
Section 3 of the bill provides that this proposal would be effective on
the first day of July following enactment. It also authorizes the addi-
tion, amendment and/or repeal of any rule or regulation necessary for
the implementation of this act effective immediately.
5.
JUSTIFICATION
The Unified Court System's transition to an electronic filing and
service system, New York State Courts Electronic Filing (NYSCEF), began
in 1999 and has continued by incremental legislative authorizations,
including e-filing in the courts of the Appellate Division (see CPLR §
2112; CPL § 460.90). NYSCEF is a means of filing and serving legal docu-
ments electronically with various courts, including the Surrogate's
Court, Supreme Court and the Court of Claims. Electronic filing offers
many benefits to attorneys, clients and unrepresented litigants. Once an
action is commenced, attorneys can file and serve papers at any time
from any place via the NYSCEF system. A case may be initiated or post-
commencement documents filed at any time on any day, even when the
courts are closed. Multiple attorneys working on a case can view the
file simultaneously, and can do so from different locations. Storage of
papers is simplified and expenses reduced. The system provides immediate
e-mail notice of all filings, including filing of all orders, judgments,
and decisions, which become available online.
Currently, there is no statutory authorization for service of papers by
electronic means at the Court of Appeals, and no express authorization
for e-filing. It is not sound policy to allow litigants to use e-filing
in earlier stages of litigation but then require them to migrate to
paper filing when their cases reach the Court of Appeals. Such a prac-
tice is inefficient, and deprives litigants of the ability to employ
technology as their case progresses through the stages of an appeal.
Litigants have also reported that paper filing increases costs.
This bill would include the Court of Appeals in NYSCEF, permitting the
use in that court of electronic means for the filing and service of
briefs, civil motions for leave to appeal, and criminal leave applica-
tions. This bill would mirror the current structure for e-filing that
already exists in the courts of the Appellate Division, with the same
exemptions from e-filing for unrepresented parties and attorneys who
certify a hardship. This bill would also ensure that the rules governing
e-filing at the Court of Appeals are subject to input from interested
persons and entities.
6.
PRIOR LEGISLATIVE HISTORY
This is a new proposal.
7.
FISCAL IMPLICATIONS
This bill will have a minor fiscal impact, which can be absorbed within
the Unified Court System's existing fiscal resources.
8.
EFFECTIVE DATE
The bill would take effect on the first day of July following enactment,
however the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act is effective immediately.
STATE OF NEW YORK
________________________________________________________________________
11389
IN ASSEMBLY
May 15, 2026
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
(at request of the Unified Court System) -- read once and referred to
the Committee on Judiciary
AN ACT to amend the civil practice law and rules and the criminal proce-
dure law, in relation to electronic filing for the court of appeals
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil practice law and rules is amended by adding a new
2 section 2113 to read as follows:
3 § 2113. Filing of papers in the court of appeals by electronic means.
4 Notwithstanding any other provision of law, and except as otherwise
5 provided in subdivision (c) of section twenty-one hundred eleven of this
6 article, the court of appeals may promulgate rules authorizing the use
7 of electronic means for: (i) the filing and service of briefs in such
8 court, (ii) the filing and service of motions to such court, including
9 for permission to appeal to such court, (iii) seeking review of a deter-
10 mination of the state commission on judicial conduct pursuant to section
11 forty-four of the judiciary law, (iv) the certification and consider-
12 ation of questions from the Supreme Court of the United States, a court
13 of appeals of the United States or an appellate court of last resort of
14 another state, and (v) the filing and service of papers in pending
15 matters. Such rules shall not require an unrepresented party or any
16 attorney who furnishes a certificate specified in subparagraph (A) or
17 (B) of paragraph three of subdivision (b) of section twenty-one hundred
18 eleven of this article to participate in the use of electronic means as
19 described in this section. Before promulgating any such rules, the court
20 of appeals shall provide an opportunity for review and comment by all
21 those who are or would be affected by such rules, including bar associ-
22 ations; institutional legal service providers; not-for-profit legal
23 service providers; attorneys assigned pursuant to article eighteen-B of
24 the county law; unaffiliated attorneys who regularly appear in
25 proceedings that are or have been affected by electronic filing programs
26 that have been implemented or who may be affected by promulgation of
27 rules concerning the use of electronic filing in the court of appeals;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15358-01-6
A. 11389 2
1 and any other persons for whom such notice is deemed to be appropriate
2 by the court of appeals. For purposes of this section, the term "elec-
3 tronic means" shall have the meaning ascribed to it in paragraph two of
4 subdivision (f) of rule twenty-one hundred three of this chapter.
5 § 2. The criminal procedure law is amended by adding a new section
6 460.91 to read as follows:
7 § 460.91 Filing of papers on appeal to the court of appeals by electron-
8 ic means.
9 Notwithstanding any other provision of law, the court of appeals may
10 promulgate rules authorizing a program in the use of electronic means
11 for filing and serving briefs and applications for certificates granting
12 leave to appeal in accordance with the provisions of section two thou-
13 sand one hundred thirteen of the civil practice law and rules. Such
14 rules shall not require an unrepresented party or any attorney who
15 furnishes a certification specified in subparagraph (i) or (ii) of para-
16 graph (c) of subdivision two of section 10.40 of this chapter to take or
17 perfect an appeal by electronic means. Before promulgating any such
18 rules, the court of appeals shall provide an opportunity for review and
19 comment by all those who are or would be affected by such rules, includ-
20 ing district attorneys; representatives of the office of indigent legal
21 services; not-for-profit legal service providers; public defenders;
22 statewide and local specialty bar associations whose membership devotes
23 a significant portion of their practice to assigned criminal cases
24 pursuant to subparagraph (i) of paragraph (a) of subdivision three of
25 section seven hundred twenty-two of the county law; institutional
26 providers of criminal defense services and other members of the criminal
27 defense bar; representatives of victims' rights organizations; unaffil-
28 iated attorneys who regularly appear in proceedings that are or would be
29 affected by such electronic filing rules; interested members of the
30 criminal justice community; and any other persons for whom such notice
31 is deemed to be appropriate by the court of appeals. For purposes of
32 this section, the term "electronic means" shall have the meaning
33 ascribed to it in paragraph two of subdivision (f) of rule twenty-one
34 hundred three of the civil practice law and rules.
35 § 3. This act shall take effect on the first of July next succeeding
36 the date on which it shall have become a law. Effective immediately, the
37 addition, amendment and/or repeal of any rule or regulation necessary
38 for the implementation of this act on its effective date are authorized
39 to be made and completed on or before such effective date.
