Expansion of eFiling in New York

August 6, 2019

Expansion of eFiling in New York

There are significant changes/expansion to NY Appellate Division First Department Electronic Filing categories, both mandatory and consensual. New case types have been added which will greatly expand the volume of cases that will be electronically filed. This will have an affect on calendaring in the sense that the Appellate Division First Department briefing schedule runs on their Term Calendar, so depending on when you “perfect your appeal” (which is the date you serve and file your Appellant’s Brief, Record on Appeal and Note of Issue), that will determine the due dates for Respondents Brief, Appellants Reply Brief and other incidental items such as Stipulations of Adjournment, Oral Argument Time Requests, and Letters Regarding Unavailable Dates for Argument. In addition, from a practical perspective, if you want to have your appeal calendared for argument and heard in 2019, and your Notice of Appeal is dated on or after July 15, 2019, or in 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, this severely limits your ability to do so, since the only available terms left in 2019 that you can perfect for are now October, November and December.
 
Click HERE for the 2019 term calendar.
 

The First Department is expanding the categories of appeals that will be subject eFiling.  Beginning on July 15, 2019, eFiling 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 eFiling 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 eFiling.

This expansion of mandatory eFiling in malpractice matters and the consensual eFiling 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 eFiling requirements.

 You should also note:

     “will be perfected on our after September 1, 2019 “ means only eligible terms in 2019 to perfect for and be heard in 2019 are the November and December Terms.

     Impact: will increase already crowded Term Calendars and could lead to more administrative adjournments of appeals to future terms.

These changes follow Presiding Justice Rolando Acosta’s priorities to modernize the court through use of technology like eFiling and live streaming of oral arguments..

If you have any questions, comments or feedback please contact Court Rules at CourtRules@AmericanLegalNet.com

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