Expansion of eFiling in New York
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