New York State Courts to Permit Electronic Filings for Motion Practice and Notices of Appeal

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By Memorandum, the New York State Unified Court System announced that beginning on Monday, May 4, 2020, it will permit parties to electronically file new motions, responsive papers to previously-filed motions, other applications including post-judgment applications, and notices of appeal in pending cases. Parties may file these documents through the New York State Courts Electronic Filings System in jurisdictions that permit it, or through a document delivery system the court created that will enable lawyers and litigants to send documents to courts for filing. New York previously issued two Administrative Orders that have prevented electronic filings for nearly all matters since March 22, 2020, except for a list of 23 “essential matters.”

Parties to pending New York State cases and those contemplating electronic filings should note that the Memorandum is narrow in scope and does not permit filings outside of the identified categories. Those wishing to file documents in New York State, especially pleadings and other non-motion documents, should continue monitoring New York state courts orders and communications, New York State executive orders, eCourts, NYSCEF, and the nycourts.gov website.

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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