Date: October 20, 2020
AO/247/20
Appendix A
E-Filing Matters
(Commenced on or after October 21, 2020)1
| County | Mandatory in Part Case Types | Mandatory Case Types | Consensual/Voluntary Case Types |
|---|---|---|---|
| Albany |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Bronx | None |
| All civil matters that are not Mandatory. |
| Broome | None |
| All civil matters that are not Mandatory. |
| Cattaraugus | None | None | All civil matters. |
| Cayuga | None | None | All civil matters. |
| Chautauqua |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Chemung |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Chenango | None | None | All civil matters. |
| Clinton |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Columbia |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Cortland |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Delaware |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Dutchess |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Erie | None |
| All civil matters that are not Mandatory. |
| Essex |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Franklin |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Fulton | None | None | All civil matters. |
| Genesee | None | None | All civil matters. |
| Greene |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Hamilton | None | None | All civil matters. |
| Herkimer *(effective 11/18/20) | None | None | All civil matters. |
| Jefferson |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Kings | None |
| All civil matters that are not Mandatory. |
| Lewis |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Livingston |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Madison | None | None | All civil matters. |
| Monroe |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Montgomery |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Nassau | None |
| All civil matters that are not Mandatory. |
| New York | None |
| All civil matters that are not Mandatory. |
| Niagara |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Oneida | None |
| All civil matters that are not Mandatory. |
| Onondaga | None |
| All civil matters that are not Mandatory. |
| Ontario |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Orange |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Oswego |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Otsego |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Putnam |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Queens | None |
| All civil matters that are not Mandatory. |
| Rensselaer |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Richmond | None |
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Rockland | None |
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| St. Lawrence |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Saratoga |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Schenectady |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Schoharie *(effective 11/18/20) |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Schuyler | None | None | All civil matters. |
| Seneca | None | None | All civil matters. |
| Steuben | None | None | All civil matters. |
| Suffolk |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Sullivan |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Tioga | None | None | All civil matters. |
| Tompkins |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Ulster |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Warren |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Washington |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Wayne |
|
| All civil matters that are neither Mandatory nor Mandatory in Part. |
| Westchester | None |
| All civil matters that are not Mandatory. |
| Wyoming | None | None | All civil matters. |
| Yates | None | None | All civil matters. |
| County(s) | Consensual/Voluntary Case Types | Mandatory Case Types |
|---|---|---|
| Bronx Chenango Cortland Delaware Kings Nassau New York Orange Otsego Queens Richmond Tompkins |
|
None |
| Albany Allegany Broome Cattaraugus Cayuga Chautauqua Dutchess Erie Franklin Fulton Genesee Herkimer Jefferson Livingston Monroe Montgomery Niagara Oneida Onondaga Ontario Orleans Oswego Saratoga Schenectady Seneca Steuben Suffolk Sullivan Ulster Warren Washington Wayne Westchester Wyoming Yates |
|
|
| District(s) | 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 |
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 (7) 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.
Appendix C
1 For cases commenced prior to October 21, 2020, 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, AO/224/16, AO/24/17, AO/84/17, AO170A/17, AO/116/18, AO/192/18, AO/294/18, AO/040/19, AO/137/19, AO/245/19, AO/81/20, AO/81A/20, AO/81B/20, AO/98/20, AO/116/20, AO/209/20 and AO/209A/20. See also, AO/366/13 and AO/139/13 authorizing consensual matrimonial matters in Rockland and Westchester Counties, and administrative orders of the Court of Claims dated 12/31/02 and 6/3/13 (www.nycourts.gov/efile).
* (a) Any party to such a removed action who participated in e-filing in Supreme Court may decline to participate in e-filing by filing with the court and serving on all parties a declination of consent within 20 days of entry of the order of removal, and thereafter filing and serving documents in hard copy.
* (b) Parties to any e-filed action removed to the Civil Court of the City of New York prior to the effective date(s) of this administrative order may stipulate to convert that action to electronic filing as per the provisions of 22 NYCRR Sec. 202.5-b. References to the County Clerk, the Chief Clerk of the Supreme Court, or the clerk of the court in section 202.5-b shall be deemed to mean the clerk of the Civil Court of the City of New York in the appropriate county. This shall in no manner alter or diminish the rights of the unrepresented litigants vis-a-vis electronic filing.
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