Electronic Filing Is Now Mandatory When Commencing An Action In The Commercial Division

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On May 24, 2010, the Commercial Division of the Supreme Court of the State of New York, New York County instituted mandatory electronic filing for actions filed in the Commercial Division. As a result, this rule change most Commercial Division matters must now be commenced, and all subsequent filings must be filed, through the court's electronic case filing website located at www.nycourts.gov/efile (the "NYSECF website").

THE IMPLEMENTING ORDER

By order dated April 26, 2010, the Chief Administrative Judge of the Courts amended section 202.5-bb of the Uniform Rules for the Supreme and County Courts ("Uniform Rules"), relating to electronic filing of actions in the Supreme Court. Section 202.5-bb now provides, in relevant part, that all documents filed in the Commercial Division in New York County must be filed electronically. See Uniform Rules § 202.5-bb(a)(1). Section 202.5-bb goes on to provide that all actions commenced in the Commercial Division in New York County must also be commenced electronically. See Uniform Rules § 202.5-bb(b)(1).

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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