Pursuant to the authority vested in me, and in consultation with the Presiding Justices of the Appellate Divisions, upon notice by the Presiding Judge of the Court of Claims, and, as appropriate, in consultation with or with the approval of County Clerks, I hereby establish, continue, or give notice of, programs for the voluntary and mandatory use of electronic means for the filing and service of documents ("e-filing") in the manner authorized pursuant to L. 1999, c. 367, as amended by L. 2009, c. 416, L. 2010, c. 528, L. 2011, c. 543, L. 2012, c. 184, L. 2013, c. 113, and L. 2015, c. 237 in the counties, courts, and cases in effect as of the date of this Order or upon the effective dates set forth in Appendix A (e-filing matters) attached hereto. Such programs shall be subject to sections 202.5-b, 202.5-bb, 206.5, 206.5-aa, 207.4-a, 207.4-aa, and 208.4-a of the Uniform Rules for the New York State Trial Courts. This Order is effective January 18, 2017, and supersedes AO/224/16.
Date: January 10, 2017
AO/24/17
Appendix A
E-Filing Matters
(commenced on or after February 1, 2016,* unless otherwise indicated)
| County | Consensual/Voluntary Case Types | Mandatory Case Types |
|---|---|---|
| Albany |
|
|
| Bronx |
|
|
| Broome |
|
|
| Cortland |
|
None |
| Dutchess |
|
|
| Erie |
|
|
| Essex | None |
|
| Kings |
|
|
| Livingston |
|
None |
| Monroe |
|
None |
| Nassau |
|
|
| New York |
|
|
| Niagara |
|
|
| Oneida |
|
|
| Onondaga |
|
|
| Ontario |
|
|
| Orange |
|
|
| Oswego |
|
None |
| Putnam |
|
None |
| Queens |
|
|
| Richmond |
|
|
| Rockland |
|
|
| Suffolk | None |
|
| Tompkins |
|
None |
| Westchester |
|
|
| County | Consensual/Voluntary Case Types | Mandatory Case Types |
|---|---|---|
| Allegany Cattaraugus Cortland Genesee Niagara Orange Orleans Queens Tompkins Westchester Wyoming |
|
None |
| Albany Cayuga Chautauqua Erie Jefferson Livingston Monroe Oneida Onondaga Ontario Seneca Steuben Wayne Yates |
|
|
| County | Consensual/Voluntary Case Types | Mandatory Case Types |
|---|---|---|
| Albany District (Albany, Clinton, Columbia, Essex, Franklin, Greene, Rensselaer, Saratoga, Schenectady, Ulster, Warren, Washington) |
|
None |
| New York District (Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk) |
|
None |
| County | Consensual/Voluntary Case Types | Mandatory Case Types |
|---|---|---|
| New York City |
|
None |
* For cases commenced prior to January 18, 2017, see AO/243/08, AO/244/08, AO/371/09, AO/395/10, AO/396/10, AO/507/10, AO/376/11, AO/468/11, AO/527/11, AO/529/11, AO/530/11, AO/531/11, AO/235/12, AO/236/12, AO/237/12, AO/238/12, AO/245/12, AO/112/13, AO/173/13, AO/222/13, AO/029/14, AO/64/14, AO/210/14, AO/049/15, AO/058/15, AO/194/15, AO/10/16, AO/79/16, AO/151/16, and AO/224/16; see also, administrative orders of the Court of Claims dated 12/31/02 and 6/3/13 (www.nycourts.gov/efile).
Appendix B
Rules Governing the Consensual Electronic Filing of Matrimonial Actions in Supreme Court
- Application
- On consent, documents may be filed and served by electronic means in matrimonial actions in the Supreme Court of authorized counties subject to the conditions set forth below. Except as otherwise required by this order/appendix, the provisions of 22 NYCRR § 202.5-b shall apply.
- For purposes of this order/appendix:
- "Matrimonial actions" shall mean those actions set forth in CPLR § 105(p) and
DRL § 236 wherein:
- the action is contested, and addresses issues including, but not limited to, alimony, counsel fees, pendente lite, maintenance, custody and visitation, child support or the equitable distribution of property; or
- the action is uncontested; or
- the action is a post-judgment application that either (1) addresses an underlying matrimonial action that was commenced electronically, or (2) is electronically initiated with the purchase of a new index number
- A "party" or "parties" shall mean the party or parties to the action or counsel thereto (as set forth in 22 NYCRR § 202.5-b(a)(2)(viii)) and the attorney(s) for the minor child(ren).
- "Matrimonial actions" shall mean those actions set forth in CPLR § 105(p) and
DRL § 236 wherein:
- No paper or document filed by electronic means in a matrimonial action shall be available for public inspection on-line or at any computer terminal in the courthouse or the office of the County Clerk.
- Nothing in this section shall be construed to abrogate existing personal service requirements as set forth in the domestic relations law, family court act or civil practice law and rules.
- Unless otherwise directed by the court, forensic evaluation reports in custody, visitation and other matters concerning children shall not be filed electronically.
- Service of the initiating documents in post-judgment applications subject to consensual e-filing must be effectuated in hard copy and accompanied by a notice regarding availability of electronic filing in post-judgment matrimonial proceedings on a form to be approved by the Chief Administrator. Proof of hard copy service shall be filed by electronic means.