N.Y. C.P.L.R. 2111

§ 2111. Filing of papers in the trial courts by facsimile transmission\nand by electronic means. (a) Notwithstanding any other provision of law,\nthe chief administrator of the courts, with the approval of the\nadministrative board of the courts, may promulgate rules authorizing a\nprogram in the use of facsimile transmission only in the court of claims\nand electronic means in the supreme court, the civil court of the city\nof New York, surrogate's courts and the court of claims for: (i) the\ncommencement of civil actions and proceedings, and (ii) the filing and\nservice of papers in pending actions and proceedings. Provided, however,\nthe chief administrator shall consult with the county clerk of a county\noutside the city of New York before the use of electronic means is to be\nauthorized in the supreme court of such county, afford him or her the\nopportunity to submit comments with respect thereto, consider any such\ncomments and obtain the agreement thereto of such county clerk.\n (b) 1. Except as otherwise provided in paragraph two of this\nsubdivision, participation in this program shall be strictly voluntary,\nand will take place only upon consent of all parties in the action or\nspecial proceeding; except that a party's failure to consent to\nparticipation shall not bar any other party to the action or proceeding\nfrom filing and serving papers by facsimile transmission or electronic\nmeans upon the court or any other party to such action or proceeding who\nhas consented to participation. Commencement of an action by electronic\nmeans or by facsimile transmission shall not require the consent of any\nother party. No party shall be compelled, directly or indirectly, to\nparticipate in e-filing. All parties shall be notified clearly, in plain\nlanguage, about their options to participate in e-filing. Where a party\nis not represented by counsel, the clerk shall explain such party's\noptions for electronic filing in plain language, including the option\nfor expedited processing, and shall inquire whether he or she wishes to\nparticipate, provided however the unrepresented litigant may participate\nin the program only upon his or her request, which shall be documented\nin the case file, after said party has been presented with sufficient\ninformation in plain language concerning the program.\n 2. In the rules promulgated pursuant to subdivision (a) of this\nsection, the chief administrator may eliminate the requirement of\nconsent to participation in this program in:\n (A) one or more classes of cases (excluding matrimonial actions as\ndefined by the civil practice law and rules, election law proceedings,\nproceedings brought pursuant to article seventy or seventy-eight of this\nchapter, proceedings brought pursuant to the mental hygiene law,\nresidential foreclosure actions involving a home loan as such term is\ndefined in section thirteen hundred four of the real property actions\nand proceedings law and proceedings related to consumer credit\ntransactions as defined in subdivision (f) of section one hundred five\nof this chapter, except that the chief administrator, in accordance with\nthis paragraph, may eliminate the requirement of consent to participate\nin this program insofar as it applies to the initial filing by a\nrepresented party of papers required for the commencement of residential\nforeclosure actions involving a home loan as such term is defined in\nsection thirteen hundred four of the real property actions and\nproceedings law and the initial filing by a represented party of papers\nrequired for the commencement of proceedings related to consumer credit\ntransactions as defined in subdivision (f) of section one hundred five\nof this chapter) in supreme court in such counties as he or she shall\nspecify, and\n (B) one or more classes of cases in surrogate's court in such counties\nas he or she shall specify, and\n (C) actions in the civil court of the city of New York brought by a\nprovider of health care services specified in paragraph one of\nsubsection (a) of section five thousand one hundred two of the insurance\nlaw against an insurer for failure to comply with the rules and\nregulations promulgated by the superintendent of financial services\npursuant to subsection (b) of section five thousand one hundred eight of\nsuch law.\n (i) Notwithstanding the foregoing, the chief administrator shall not\neliminate the requirement of consent in any county until after he or she\nshall have consulted with members of the organized bar including but not\nlimited to city, state, county and women's bar associations; with\ninstitutional legal service providers; with not-for-profit legal service\nproviders; with attorneys assigned pursuant to article eighteen-B of the\ncounty law; with unaffiliated attorneys who regularly appear in\nproceedings that are or have been affected by any program of electronic\nfiling in such county that requires consent or who would be affected by\na program of electronic filing in such county should the requirement of\nconsent be eliminated; with any other persons in the county as deemed to\nbe appropriate by the chief administrator; and with the county clerk of\nsuch county (where the affected court is the supreme court of a county\noutside the city of New York), and\n (ii) only after affording them the opportunity to submit comments with\nrespect thereto, considering any such comments, including but not\nlimited to comments related to unrepresented litigants and, in the\ninstance of any county outside the city of New York, obtaining the\nagreement thereto of the county clerk thereof. All such comments shall\nbe posted for public review on the office of court administration's\nwebsite.\n * 2-a. Notwithstanding the provisions of paragraph two of this\nsubdivision, the exclusion in such paragraph of residential foreclosure\nactions involving a home loan as such term is defined in section\nthirteen hundred four of the real property actions and proceedings law\nfrom those classes of cases in which the chief administrator may\neliminate the requirement of consent to participation in a program in\nthe use of electronic means shall not apply to any county in which,\nprior to the effective date of this section, the chief administrator had\neliminated the requirement of consent to participation in such a program\nin such foreclosure actions, specifically Erie, Essex, New York, Queens,\nRockland, Suffolk and Westchester counties; and the exclusion in such\nparagraph of proceedings related to consumer credit transactions as\ndefined in subdivision (f) of section one hundred five of this chapter\nfrom those classes of cases in which the chief administrator may\neliminate the requirement of consent to participation in a program in\nthe use of electronic means shall not apply to any county in which,\nprior to the effective date of this section, the chief administrator had\neliminated the requirement of consent to participation in such a program\nin such proceedings related to consumer credit transactions,\nspecifically Erie, New York, Onondaga, Rockland and Westchester\ncounties.\n * NB Repealed September 1, 2018\n 3. Where the chief administrator eliminates the requirement of consent\nas provided in paragraph two of this subdivision, he or she shall afford\ncounsel the opportunity to opt out of the program, via presentation of a\nprescribed form to be filed with the clerk of the court where the action\nis pending. Said form shall permit an attorney to opt out of\nparticipation in the program under any of the following circumstances,\nin which event, he or she will not be compelled to participate:\n (A) where the attorney certifies in good faith that he or she lacks\nthe computer hardware and/or connection to the internet and/or scanner\nor other device by which documents may be converted to an electronic\nformat; or\n (B) where the attorney certifies in good faith that he or she lacks\nthe requisite knowledge in the operation of such computers and/or\nscanners necessary to participate. For the purposes of this\nsubparagraph, the knowledge of any employee of an attorney, or any\nemployee of the attorney's law firm, office or business who is subject\nto such attorney's direction, shall be imputed to the attorney.\n Notwithstanding any other provision of this subdivision, where a party\nis not represented by counsel, the clerk shall explain such party's\noptions for electronic filing in plain language and shall inquire\nwhether he or she wishes to participate, provided however the\nunrepresented litigant may participate in the program only upon his or\nher request after said party has been presented with sufficient\ninformation in plain language concerning the program; and a party not\nrepresented by counsel who has chosen to participate in the program\nshall be afforded the opportunity to opt out of the program for any\nreason via presentation of a prescribed form to be filed with the clerk\nof the court where the proceeding is pending; and a court may exempt any\nattorney from being required to participate in the program upon\napplication for such exemption, showing good cause therefor.\n (c) For purposes of this section, "the filing and service of papers in\npending actions and proceedings" shall include the filing and service of\na notice of appeal pursuant to section fifty-five hundred fifteen of\nthis chapter.\n