UR 202 Volume 1

Question 1

Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.

(a) Application. This Part shall be applicable to civil actions and proceedings in the Supreme Court and the County Court.

Answer 1

Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.

(a) Application. This Part shall be applicable to civil actions and proceedings in the Supreme Court and the County Court.

Question 2

Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.

(f) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Failure to comply with this rule may be treated as a default or failure to appear.

Answer 2

Section 202.1 Application of Part; Waiver; Additional Rules; Application of CPLR; Definitions.

(f) Counsel who appear before the court must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance. Failure to comply with this rule may be treated as a default or failure to appear.

Question 3

Section 202.2 Terms and Parts of Court.

(a) Terms of Court. A term of court is a four-week session of court, and there shall be ___ terms of court in a year

Answer 3

$13

Question 4

Section 202.2 Terms and Parts of Court.

(b) Parts of Court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts.

Answer 4

Section 202.2 Terms and Parts of Court.

(b) Parts of Court. A part of court is a designated unit of the court in which specified business of the court is to be conducted by a judge or quasi- judicial officer. There shall be such parts of court as may be authorized from time to time by the Chief Administrator of the Courts.

Question 5

Section 202.3 Individual Assignment System; Structure.

(a) General. There shall be established for all civil actions and proceedings heard in the Supreme Court and County Court an individual assignment system which provides for the continuous supervision of each action and proceeding by a single judge.

Answer 5

Section 202.3 Individual Assignment System; Structure.

(a) General. There shall be established for all civil actions and proceedings heard in the Supreme Court and County Court an individual assignment system which provides for the continuous supervision of each action and proceeding by a single judge.

Question 6

Section 202.3 Individual Assignment System; Structure.

The Chief Administrator can create a two-track assignment system where a judge supervises a case until it is ready for trial, and then another judge takes over for ______ itself.

Answer 6

the trial

Question 7

Section 202.4 County Court Judge; Ex Parte Applications in Supreme Court Actions; Applications for Settlement of Supreme Court Actions.

Ex parte applications in actions or proceedings in the Supreme Court, and applications for the settlement of actions or proceedings pending in the Supreme Court, where judicial approval is necessary, may be heard and determined by a judge of the ______________ in the county where venue is laid, during periods when no Supreme Court term is in session in the county.

Answer 7

County Court

Question 8

Section 202.5 Papers filed in court.

The party filing the _______ in an action, upon payment of the proper fee, shall obtain from the county clerk an index number, which shall be affixed to the paper.

Answer 8

first paper

Question 9

Section 202.5 Papers filed in court.

• The party causing the first paper to be filed shall communicate in writing the county clerk’s index number forthwith to all other parties to the action.
• Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action.

Answer 9

Section 202.5 Papers filed in court.

• The party causing the first paper to be filed shall communicate in writing the county clerk’s index number forthwith to all other parties to the action.
• Thereafter such number shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action.

Question 10

Section 202.5 Papers filed in court.

Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption.

Answer 10

Section 202.5 Papers filed in court.

Each such cover and first page also shall contain an indication of the county of venue and a brief description of the nature of the paper and, where the case has been assigned to an individual judge, shall contain the name of the assigned judge to the right of the caption.

Question 11

Section 202.5 Papers filed in court.

Every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.

Answer 11

Section 202.5 Papers filed in court.

Every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and if typewritten, shall have at least double space between each line, except for quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins.

Question 12

Section 202.5 Papers filed in court.

In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides, and shall contain print no smaller than _______ , or 8 ½ x 11 inch paper, bearing margins no smaller than _____ inch.

Answer 12

12-point.. one

Question 13

Section 202.5 Papers filed in court.

The print size of footnotes shall be no smaller than _______

Answer 13

10 point.

Question 14

Section 202.5 Papers filed in court.

Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.

Answer 14

Section 202.5 Papers filed in court.

Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.

Question 15

Section 202.5 Papers filed in court.

(2) Unless otherwise directed by the court, each electronically-submitted memorandum of law, affidavit and affirmation, exceeding ___________ words, which was prepared with the use of a computer software program, shall include bookmarks providing a listing of the document’s contents and facilitating easy navigation by the reader within the document.

Answer 15

4500

Question 16

Section 202.5 Papers filed in court.

(b) Submission of Papers to Judge.

• All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk’s office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
• All papers for any judge that are filed in the clerk’s office shall be promptly delivered to the judge by the clerk.
• The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge’s name and the name of the attorney or party submitting them.

Answer 16

Section 202.5 Papers filed in court.

(b) Submission of Papers to Judge.
- All papers for signature or consideration of the court shall be presented to the clerk of the trial court in the appropriate courtroom or clerk’s office, except that where the clerk is unavailable or the judge so directs, papers may be submitted to the judge and a copy filed with the clerk at the first available opportunity.
- All papers for any judge that are filed in the clerk’s office shall be promptly delivered to the judge by the clerk.
- The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and index number of the action in which they are filed, the judge’s name and the name of the attorney or party submitting them.

Question 17

Section 202.5 Papers filed in court.

Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by statute, Chief Administrator’s rule or order of the court:
(i) The paper does not have an _______ number;
(ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an “et al” or otherwise does not contain a full caption;
(iii) The paper sought to be filed with the County Clerk is filed in the wrong court;
(iv) The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator; or

(v) The paper sought to be filed:
(A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator,
(B) is not being filed electronically, and either
(C) is not being filed by an unrepresented litigant who is not participating in e-filing, or
(D) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules.**
The County Clerk shall require the payment of any applicable statutory fees, or an order of the Court waiving payment of such fees, before accepting a paper for filing.

Answer 17

Index …….

Question 18

Section 202.5 Papers filed in court.

(2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of a stamp on the paper indicating the date of the refusal and by providing on the paper the reason for the refusal.

Answer 18

Section 202.5 Papers filed in court.

(2) A County Clerk or chief clerk shall signify a refusal to accept a paper by use of a stamp on the paper indicating the date of the refusal and by providing on the paper the reason for the refusal.

Question 19

Section 202.5 Papers filed in court.

(1) Except in a____________ , or a proceeding in surrogate’s court, or a proceeding pursuant to _____________ , or as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. For purposes of this rule, confidential personal information (“CPI”) means:

Answer 19

matrimonial action……… article 81 of the mental hygiene law

Question 20

Section 202.5 Papers filed in court.

(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers

Answer 20

Section 202.5 Papers filed in court.

(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such information redacted; order the clerk to seal the papers

Question 21

Section 202.5 Papers filed in court.

(3) A person may apply to the court for CPI to be _______

Answer 21

included.

Question 22

Section 202.5 Papers filed in court.

(4) The redaction requirement does not apply to the _________ of the relevant account numbers, if any, in an action arising out of a consumer credit transaction,

Answer 22

last four digits

Question 23

Section 202.5-a Filing by Electronic Transmission.

• (a) Papers shall not be submitted to the court by ____________ without advance approval of the justice assigned. Correspondence sent by fax should not be followed by hard copy unless requested.
• (b) Papers submitted in digital format. In cases not pending in the court’s Filing by Electronic Means System, the court may permit counsel to communicate with the court and each other by e-mail.

Answer 23

fax

Question 24

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(1) On consent, documents may be filed and served by electronic means in the Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section.

Answer 24

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(1) On consent, documents may be filed and served by electronic means in the Supreme Court in such civil actions and in such counties as shall be authorized by order of the Chief Administrator of the Courts and only to the extent and in the manner provided in this section.

Question 25

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(ii) “NYSCEF” shall mean the New York State Courts Electronic Filing System

Answer 25

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(ii) “NYSCEF” shall mean the New York State Courts Electronic Filing System

Question 26

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(1) Commencing an action by electronic means. A party may initiate an action electronically when authorized with the county clerk through the NYSCEF site

Answer 26

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(1) Commencing an action by electronic means. A party may initiate an action electronically when authorized with the county clerk through the NYSCEF site

Question 27

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

Documents will be automatically converted into _____

Answer 27

PDF

Question 28

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(2) E-filing in an action after commencement.

• (i) Parties must consent to the filing and serving of documents electronically, and failure to consent shall not stop other parties from consenting.
• A party who has not consented to participation shall file documents with the court and the County Clerk, and serve and be served with documents, in _________

When an e-filing party serves a document in hard copy on a non-participating party, the document served shall bear full signatures of all signatories and proof of such service shall be filed _______________________

Answer 28

hard copy…. electronically.

Question 29

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

• No one shall be compelled to participate in e-filing
• Consent to e-filing does not constitute _____________

Answer 29

an appearance

Question 30

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(iii) Documents previously filed with the court; termination or modification of e-filing procedures. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in _________ be filed electronically by the parties.

Answer 30

hard copy

Question 31

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(iv) Conversion of pending actions. Where procedurally permitted, upon court direction, an application by a party to the court, or a stipulation among the parties, a pending action may be converted to electronic form. Such direction, application, or stipulation must be served on all parties to the action and filed with proof of service. The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form.

Answer 31

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(iv) Conversion of pending actions. Where procedurally permitted, upon court direction, an application by a party to the court, or a stipulation among the parties, a pending action may be converted to electronic form. Such direction, application, or stipulation must be served on all parties to the action and filed with proof of service. The County Clerk may require the parties to furnish previously filed hard copy documents in electronic form.

Question 32

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(ii) How to register. Registration shall be on a form prescribed by the _________________

Answer 32

Chief Administrator.

Question 33

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(iii) Emergency exception; other hard copy filings.
Documents that must be filed and served
electronically can still be filed and served in hard copy under limited circumstances, such as when a deadline for filing and service fixed by statute, rule or order of the court will expire on __________ the document is being filed and served or on the following business day without electronic access.

In such cases, an affirmation or affidavit explaining the need for hard copy filing must be included. Hard copies must be filed with NYSCEF within ____________

Answer 33

the day……. three business days.

Question 34

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(2) Payment of Fees.

The following forms of payment may be used for filing fees.

• (i) Credit Card
• (ii) Account debit
• (iii) Automated clearing house debit
• (iv) any other form of payment authorized by the Chief Administrator.
• • Notwithstanding the foregoing, where permitted by the County Clerk, an authorized e-filing user who electronically files documents that require the payment of a filing fee may cause such fee to be paid thereafter at the office of the County Clerk.

Answer 34

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(2) Payment of Fees. Whenever documents are filed electronically that require the payment of a filing fee, the person who files the documents shall provide therewith, in payment of the fee:

(i) Credit Card
such credit card information as shall be required at the NYSCEF site to permit a card to be charged by the County Clerk; or

(ii) Account debit the form or information required by the County Clerk to permit him or her to debit an account maintained with the County Clerk by an attorney or law firm appearing for a party to the action; or

(iii) Automated clearing house debit
such information as shall be required at the NYSCEF site to permit an automated clearing house debit to be made; or

(iv) any other form of payment authorized by the Chief Administrator.
Notwithstanding the foregoing, where permitted by the County Clerk, an authorized e-filing user who electronically files documents that require the payment of a filing fee may cause such fee to be paid thereafter at the office of the County Clerk.

Question 35

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(3) Filing and receipt of documents; notification.

(i) When documents are filed.
(Bard) Documents can be filed electronically through the NYSCEF system at any time, ________

The document is considered filed when it is transmitted to the NYSCEF site, provided the required filing fee is paid.

If the fee is not paid electronically, the document is considered filed when the fee is paid to the County Clerk.

Answer 35

24/7.

Question 36

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(ii) Notification.

(Bard) No later than the close of business on the ____________ following the electronic filing of a document a notification will be sent electronically to the filer and all other parties involved in the action by the end of the following business day.

Answer 36

business day

Question 37

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

When initiating documents are filed electronically, the County Clerk assigns an index or filing number to the action and includes it in the notification.

If payment is made after the electronic filing of initiating documents, the County Clerk assigns the number upon presentation of ________________

Answer 37

payment.

Question 38

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(iii) Correction. If a document filed electronically is subsequently discovered to contain confidential data or otherwise to have been filed in error, the filer or another party or affected person may

(1) notify the parties and any non-party filers in the action of the confidentiality issue or other error raised by the filing, and of his or her intention to seek judicial relief to correct the filing;
(2) following such notification, request that the appropriate County Clerk, exercising his or her administrative discretion, place the document temporarily in “restricted” status on the NYSCEF site, to be made available for viewing by court staff and the parties but not the general public; and
(3) file an application to correct the filing by order to show cause within five business days of such notification (or such time as the court may direct), including a request for preliminary injunctive relief limiting interim disclosure of the document at issue.

Answer 38

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(iii) Correction. If a document filed electronically is subsequently discovered to contain confidential data or otherwise to have been filed in error, the filer or another party or affected person may

(1) notify the parties and any non-party filers in the action of the confidentiality issue or other error raised by the filing, and of his or her intention to seek judicial relief to correct the filing;
(2) following such notification, request that the appropriate County Clerk, exercising his or her administrative discretion, place the document temporarily in “restricted” status on the NYSCEF site, to be made available for viewing by court staff and the parties but not the general public; and
(3) file an application to correct the filing by order to show cause within five business days of such notification (or such time as the court may direct), including a request for preliminary injunctive relief limiting interim disclosure of the document at issue.

Question 39

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(4) Official record; maintenance of files . When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the County Clerk.

Answer 39

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(4) Official record; maintenance of files . When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the County Clerk.

Question 40

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

Where a document that was filed in hard copy is thereafter e-filed, the filing date recorded in NYSCEF shall be the date of ___________ filing.

Answer 40

hard copy

Question 41

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(6) Decisions, orders and judgments. Unless the court directs otherwise, any document that requires a judge’s signature shall be transmitted electronically and in hard copy to the court. Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. All signed decisions, orders and judgments shall be converted into electronic form and transmitted to the NYSCEF site by the appropriate clerk.

Answer 41

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(6) Decisions, orders and judgments. Unless the court directs otherwise, any document that requires a judge’s signature shall be transmitted electronically and in hard copy to the court. Except where the Chief Administrator authorizes use of electronic signatures, decisions, orders and judgments signed by a judge shall be signed in hard copy. All signed decisions, orders and judgments shall be converted into electronic form and transmitted to the NYSCEF site by the appropriate clerk.

Question 42

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(7) Exhibits and other documents in hard copy.
Hard copies of exhibits may be submitted if more __________ than electronic copies

Answer 42

practical

Question 43

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(e) Signatures.

(1) Signing of a document. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if:

(i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or
(ii) the signatory has electronically affixed the digital image of his or her signature to the document; or
(iii) it is electronically filed under the User ID and password of that person; or
(iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed);
(v) in a small claims assessment review proceeding, it is a petition recorded by the NYSCEF site upon the filing of a text file, provided that prior to filing, the document was signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings in the matter, including article 78 review and any appeals, and must be made available during the proceeding upon request of the respondent or the court); or
(vi) it otherwise bears the electronic signature of the signatory in a format conforming to such standards and requirements as may hereafter be established by the Chief Administrator.

Answer 43

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(e) Signatures.

(1) Signing of a document. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if:

(i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or
(ii) the signatory has electronically affixed the digital image of his or her signature to the document; or
(iii) it is electronically filed under the User ID and password of that person; or
(iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed);
(v) in a small claims assessment review proceeding, it is a petition recorded by the NYSCEF site upon the filing of a text file, provided that prior to filing, the document was signed in full in hard copy (which hard copy must be preserved until the conclusion of all proceedings in the matter, including article 78 review and any appeals, and must be made available during the proceeding upon request of the respondent or the court); or
(vi) it otherwise bears the electronic signature of the signatory in a format conforming to such standards and requirements as may hereafter be established by the Chief Administrator.

Question 44

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

(1) Service of initiating documents in an action. Initiating documents may be served in hard copy and shall bear full signatures as required thereby, or by electronic means if the party served agrees to accept such service.

A party served by electronic means shall, within _________ of service, provide the serving party or attorney with an electronic confirmation that the service has been effected.

Answer 44

24 hours

Question 45

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

(ii) How service is made. An e-filing party causes service of an interlocutory document to be made upon another party participating in e-filing by filing the document electronically. Upon receipt of an interlocutory document, the NYSCEF site shall automatically transmit electronic notification to all e-mail service addresses in such action. Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom that notification is being sent.

Answer 45

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

(ii) How service is made. An e-filing party causes service of an interlocutory document to be made upon another party participating in e-filing by filing the document electronically. Upon receipt of an interlocutory document, the NYSCEF site shall automatically transmit electronic notification to all e-mail service addresses in such action. Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom that notification is being sent.

Question 46

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

Sending a document electronically to the specified email addresses constitutes valid service of the document, but only if the filing party does not receive any indication that the recipient did not receive the notification.

Answer 46

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

Sending a document electronically to the specified email addresses constitutes valid service of the document, but only if the filing party does not receive any indication that the recipient did not receive the notification.

Question 47

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

A party may, however, utilize other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of that service shall be filed ____________

Answer 47

electronically.

Question 48

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(f) Service of Documents.

Answer 48

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(h) Entry of Orders and Judgments and Notice of Entry.
(1) Entry; date of entry. In an action subject to e-filing, the County Clerk shall file orders and judgments of the court electronically and enter them.
The County Clerk may affix a filing stamp to orders or judgments by stamping the original hard copy document before filing it electronically or by affixing a stamp to the document after it has been electronically filed.
The filing stamp shall be proof of the fact of entry and the date and time thereof.
(2) Notification; service of notice of entry by parties.
Upon entry of an order or judgment, the parties will be notified electronically, but this does not constitute formal service of notice of entry. A party must still serve the order or judgment and written notice of its entry on the other party.
Service of the order or judgment and written notice of entry can be done electronically by filing them with the NYSCEF site, or in hard copy by any method set forth in CPLR 2103 (b) (1) to (6).

Question 49

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(h) Entry of Orders and Judgments and Notice of Entry.

(1) Entry; date of entry. In an action subject to e-filing, the County Clerk shall file orders and judgments of the court electronically and enter them.

The County Clerk may affix a filing stamp to orders or judgments by stamping the original hard copy document before filing it electronically or by affixing a stamp to the document after it has been electronically filed.
The filing stamp shall be proof of the fact of entry and the date and time thereof.

(2) Notification; service of notice of entry by parties.

Upon entry of an order or judgment, the parties will be notified electronically, but this does not constitute formal service of notice of entry. A party must still serve the order or judgment and written notice of its entry on the other party.
Service of the order or judgment and written notice of entry can be done electronically by filing them with the NYSCEF site, or in hard copy by any method set forth in CPLR 2103 (b) (1) to (6).

Answer 49

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(h) Entry of Orders and Judgments and Notice of Entry.
(1) Entry; date of entry. In an action subject to e-filing, the County Clerk shall file orders and judgments of the court electronically and enter them.
The County Clerk may affix a filing stamp to orders or judgments by stamping the original hard copy document before filing it electronically or by affixing a stamp to the document after it has been electronically filed.
The filing stamp shall be proof of the fact of entry and the date and time thereof.
(2) Notification; service of notice of entry by parties.
Upon entry of an order or judgment, the parties will be notified electronically, but this does not constitute formal service of notice of entry. A party must still serve the order or judgment and written notice of its entry on the other party.
Service of the order or judgment and written notice of entry can be done electronically by filing them with the NYSCEF site, or in hard copy by any method set forth in CPLR 2103 (b) (1) to (6).

Question 50

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(i) Technical Failures.

The NYSCEF site shall be considered to be subject to a technical failure on a given day if the site is unable to accept filings or provide access to filed documents continuously or intermittently over the course of any period of time greater than one hour after __________ of that day.

• Except when unable to extend the deadline, if the NYSCEF site experiences a technical failure that delays the filing of a document, the filing deadline is extended by ____________ for each day of the failure.
• If a document is filed in hard copy due to a technical failure, it must include a specific notice and be filed with the NYSCEF site within ___________ business days after the site is back up and running.

Answer 50

one day12:00 noon…. three

Question 51

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(j) Electronic Filing of Discovery Materials.
Discovery materials may be e-filed upon stipulation.

Answer 51

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(j) Electronic Filing of Discovery Materials.
Discovery materials may be e-filed upon stipulation.

Question 52

202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(l) Public view of documents containing social security numbers.

NYSCEF administrators shall take steps to identify and restrict public view of portions of filed documents that display an individual’s social security number.

Answer 52

xx

Question 53

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(1) Except where otherwise required by statute, all documents filed and served in Supreme Court shall be filed and served by electronic means in such classes of actions and such counties as shall be specified by order of the Chief Administrator of the Courts and only to the extent and in the manner prescribed in this section.

Answer 53

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(1) Except where otherwise required by statute, all documents filed and served in Supreme Court shall be filed and served by electronic means in such classes of actions and such counties as shall be specified by order of the Chief Administrator of the Courts and only to the extent and in the manner prescribed in this section.

Question 54

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

**(2) The Chief Administrator shall not eliminate the requirement of consent to participate in electronic filing in the following classes of cases:

• (i) matrimonial actions
• (ii) election law proceedings;
• (iii) Article 78 or Article 70 Habeas Corpus proceedings
• (iv) MHL proceedings
• (v) residential foreclosure actions involving a home loan (other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed); and
  (vi) proceedings related to consumer credit transactions (other than proceedings commenced prior to September 1, 2017 in Erie, New York, Onondaga, Rockland and Westchester Counties); provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed.

Answer 54

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

consent to participate in electronic filing in the following classes of cases:

(i) matrimonial actions
(ii) election law proceedings;
(iii) Article 78 or Article 70 Habeas Corpus proceedings
(iv) MHL proceedings
(v) residential foreclosure actions involving a home loan other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed; and
(vi) proceedings related to consumer credit transactions other than proceedings commenced prior to September 1, 2017 in Erie, New York, Onondaga, Rockland and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed.

Question 55

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(b) Commencement of Actions Under this Section.
(1) Mandatory commencement in general.
Except as otherwise provided in this section, every action authorized by subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the County Clerk through the NYSCEF site.

Answer 55

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(b) Commencement of Actions Under this Section.
(1) Mandatory commencement in general.
Except as otherwise provided in this section, every action authorized by subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the County Clerk through the NYSCEF site.

Question 56

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

Despite the general requirement for electronic filing, initiating documents may be filed in hard copy if:
(i) the statute of limitations will expire on the day the documents are being filed or on the following business day; and
The filer is unable to file electronically due to technical problems
The filer shall file those documents with the NYSCEF site within three business days thereafter.
Initiating documents can be served personally, electronically, or as per the Civil Practice Law and Rules or Real Property Tax Law.
Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient the reason why the document is being filed in hard copy form.
If served electronically, the recipient must confirm the service within 24 hours.

Answer 56

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

Despite the general requirement for electronic filing, initiating documents may be filed in hard copy if:
(i) the statute of limitations will expire on the day the documents are being filed or on the following business day; and
The filer is unable to file electronically due to technical problems
The filer shall file those documents with the NYSCEF site within three business days thereafter.
Initiating documents can be served personally, electronically, or as per the Civil Practice Law and Rules or Real Property Tax Law.
Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient the reason why the document is being filed in hard copy form.
If served electronically, the recipient must confirm the service within 24 hours.

Question 57

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(c) Filing and Service of Documents After Commencement in Actions Under this Section.

(2) Addition of parties after commencement of action.
A party to be added in an action that has been commenced electronically shall be served with initiating documents in hard copy together with the notice that the action is subject to electronic filing

Answer 57

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(c) Filing and Service of Documents After Commencement in Actions Under this Section.

(2) Addition of parties after commencement of action.
A party to be added in an action that has been commenced electronically shall be served with initiating documents in hard copy together with the notice that the action is subject to electronic filing

Question 58

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(c) Filing and Service of Documents After Commencement in Actions Under this Section.

(3) Emergency exception; other hard copy filings.
If documents are required to be filed and served electronically, they may still be filed and served in hard copy if permitted by Rule 202.5-b(d)(1).

Each hard copy document must include the notice stating the reason why the document is being filed in hard copy form, and the filer must file the documents with the NYSCEF site within ____________

Answer 58

three business days.

Question 59

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(d) County Clerk and Clerk of Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required.

(e) Exemptions From the Requirement of Electronic Filing.

(1) Exemption of unrepresented litigants. Unrepresented litigant or a proposed intervenor or other non-party seeking relief from the court who is unrepresented is exempt from having to file and serve documents electronically.
As to each unrepresented litigant, the clerk shall explain his or her options for e-filing

(2) Exemption of represented parties. Notwithstanding the foregoing, an attorney or a representative of a property owner designated as such as provided in Real Property Tax Law § 730 (“small claims assessment filing agent”), shall be exempt when certifies, in good faith that he or she:

Lacks the knowledge or equipment to do e-file

Answer 59

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(d) County Clerk and Clerk of Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required.

(e) Exemptions From the Requirement of Electronic Filing.
(1) Exemption of unrepresented litigants. Unrepresented litigant or a proposed intervenor or other non-party seeking relief from the court who is unrepresented is exempt from having to file and serve documents electronically.
As to each unrepresented litigant, the clerk shall explain his or her options for e-filing
(2) Exemption of represented parties. Notwithstanding the foregoing, an attorney or a representative of a property owner designated as such as provided in Real Property Tax Law § 730 (“small claims assessment filing agent”), shall be exempt when certifies, in good faith that he or she:
Lacks the knowledge or equipment to do e-file

Question 60

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

Except for exempt parties, all others shall continue to be required to file and serve documents electronically, except that, whenever they serve documents upon a person who is exempt from having to file and serve documents electronically in accordance with this section, they shall serve such documents in hard copy, bearing full signatures, and shall file electronically proof of such service.

Answer 60

202.5-bb. Electronic Filing in Supreme Court; Mandatory Program.

(5) Procedures applicable to e-filing attorneys and other persons.
Exempty parties shall continue to be required to file and serve documents electronically, except that, whenever they serve documents upon a person who is exempt from having to file and serve documents electronically, they shall serve such documents in hard copy, bearing full signatures, and shall file electronically proof of such service.

Question 61

Section 202.5-c Electronic Document Delivery System.

(a) Court documents may be transmitted to the courts of the unified court system by means of the electronic document delivery system (“EDDS”) only to the extent and in the manner provided in this section.

Answer 61

Section 202.5-c Electronic Document Delivery System.

(a) Court documents may be transmitted to the courts of the unified court system by means of the electronic document delivery system (“EDDS”) only to the extent and in the manner provided in this section.

Question 62

Section 202.5-c Electronic Document Delivery System.

(c) When may the EDDS be used.

The EDDS may be used for the transmission of documents in such courts and in such classes of cases, and for such purposes including the filing thereof with a court, as may be authorized by order of the Chief Administrator.

(2) Unless the Chief Administrator shall otherwise provide as to a particular court or class of cases, a party may only use the EDDS for the transmission of documents for a purpose other than for filing in an action or proceeding;

(3) (Bard) Documents submitted electronically to the EDDS system for filing with a court will not be considered filed until the clerk or their designated representative reviews the documents and confirms they are complete, the filing fee has been paid, proof of service is included where required, and all other filing requirements have been met.

Answer 62

Section 202.5-c Electronic Document Delivery System.

(c) When may the EDDS be used.

The EDDS may be used for the transmission of documents in such courts and in such classes of cases, and for such purposes including the filing thereof with a court, as may be authorized by order of the Chief Administrator.

(2) Unless the Chief Administrator shall otherwise provide as to a particular court or class of cases, a party may only use the EDDS for the transmission of documents for a purpose other than for filing in an action or proceeding;

(3) (Bard) Documents submitted electronically to the EDDS system for filing with a court will not be considered filed until the clerk or their designated representative reviews the documents and confirms they are complete, the filing fee has been paid, proof of service is included where required, and all other filing requirements have been met.