Bill Text: NY A05977 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires answers to pleadings, motions, and responses to be filed by electronic means; provides that discovery demand may not be e-filed.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A05977 Detail]

Download: New_York-2023-A05977-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5977

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 24, 2023
                                       ___________

        Introduced  by M. of A. SHIMSKY -- read once and referred to the Commit-
          tee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to  e-fil-
          ing

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  article 99 to read as follows:

     3                                 ARTICLE 99
     4                                  E-FILING

     5  Section 9900. Definitions.
     6          9901. E-filing.
     7          9902. Notice of e-filing.
     8    § 9900. Definitions. For purposes of this  article,  "E-filing"  shall
     9  mean the filing of legal papers by electronic means.
    10    §  9901.  E-filing. 1. Answers to pleadings, motions, and responses to
    11  motions must be e-filed. Any counsel making a pleading or  motion  which
    12  requires  opposing counsel to e-file his or her answer or response shall
    13  include a brief statement stating that any papers submitted in  response
    14  must  be  filed  with the court through electronic means. Such statement
    15  shall also include the proper email address to which such opposing coun-
    16  sel shall submit his or her papers. The inclusion of an  improper  email
    17  address  or  failure  to  include such statement shall render any papers
    18  void.
    19    2. The following papers may not be e-filed:
    20    a. Discovery demands;
    21    b. Responses to any discovery demands;
    22    3. E-filing of any papers specified in subdivision two of this section
    23  shall not constitute proper service or filing of such papers.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09678-01-3
        A. 5977                             2

     1    § 9902. Notice of e-filing. A notice of e-filing shall be served  upon
     2  opposing  counsel.  Such  notice shall be made by mailing such notice by
     3  first class mail to such counsel at his or her actual place of business,
     4  or at the address provided by such counsel for the purposes of receiving
     5  documents.  An affidavit of service shall be filed with the clerk of the
     6  court designated in the notice. Service shall be deemed completed twenty
     7  days after the filing of such affidavit.
     8    § 2. This act shall take effect on the ninetieth day  after  it  shall
     9  have  become  a law and shall apply to any papers filed on or after such
    10  effective date.