Electronic filing in Supreme Court Rules and FAQ's
22 NYCRR 202.5-bb
202.5-bb. Electronic Filing in Supreme Court; Mandatory Program. (a) Application. (1) Except where otherwise required by statute, all documents filed and served in Supreme Court shall be filed and served by electronic means in such classes of actions and such counties as shall be specified by order of the Chief Administrator of the Courts and only to the extent and in the manner prescribed in this section. Except to the extent that this section shall otherwise require, the provisions of section 202.5-b of these rules shall govern electronic filing under this section. (2) Notwithstanding the foregoing, the Chief Administrator shall not eliminate the requirement of consent to participate in electronic filing in the following classes of cases: (i) matrimonial actions as defined by the civil practice law and rules; (ii) election law proceedings; (iii) proceedings brought pursuant to article 70 or 78 of the civil practice law and rules; (iv) proceedings brought pursuant to the mental hygiene law; (v) residential foreclosure actions involving a home loan as such term is defined in section 1304 of the real property actions and proceedings law other than actions commenced prior to September 1, 2017 in Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed; and (vi) proceedings related to consumer credit transactions as defined in subsection (f) of section 105 of the civil practice law and rules other than proceedings commenced prior to September 1, 2017 in Erie, New York, Onondaga, Rockland and Westchester Counties; provided, however, the Chief Administrator may require that the initial filing of papers required for the commencement of such actions in any county, where made by a party represented by counsel, be electronically filed. (b) Commencement of Actions Under this Section. (1) Mandatory commencement in general. Except as otherwise provided in this section, every action authorized by subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the County Clerk through the NYSCEF site. (2) Emergency exception. Notwithstanding paragraph (1) of this subdivision, an action otherwise required to be commenced electronically may or shall be commenced by the filing of initiating documents in hard copy where permitted or required by statute or court order, and may be so commenced provided such documents are accompanied by the affirmation or affidavit of the filing attorney or party stating that: (i) the statute of limitations will expire on the day the documents are being filed or on the following business day; and (ii) the attorney, party or filing agent therefor is unable to electronically file such documents because of technical problems with his or her computer equipment or Internet connection. In the event a filer shall file initiating documents in hard copy pursuant to this paragraph, each such document shall include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of these rules, and the filer shall file those documents with the NYSCEF site within three business days thereafter. For purposes of this section, such an action shall be deemed to have been commenced electronically. (3) Service of initiating documents. Personal service of initiating documents upon a party in an action that must be commenced electronically in accordance with this section shall be made as provided in Article 3 of the Civil Practice Law and Rules, or the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, advising the recipient that the action is subject to electronic filing pursuant to this section. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected. (c) Filing and Service of Documents After Commencement in Actions Under this Section. (1) All documents to be filed and served electronically. Except as otherwise provided in this section, filing and service of all documents in an action that has been commenced electronically in accordance with this section shall be by electronic means. (2) Addition of parties after commencement of action. Notwithstanding any other provision of this section, a party to be added in an action that has been commenced electronically in accordance with this section shall be served with initiating documents in hard copy together with the notice specified in paragraph (3) of subdivision (b) of this section. A proposed intervenor or other non-party who seeks relief from the court in such an action shall make his or her application for such relief by electronic means as provided by the NYSCEF system. (3) Emergency exception; other hard copy filings. Notwithstanding paragraph (1) of this subdivision, where documents are required to be filed and served electronically in accordance with such paragraph (1), such documents may nonetheless be filed and served in hard copy where permitted by paragraph (1) of subdivision (d) of section 202.5-b of these rules. In the event a filer shall file and serve documents in hard copy pursuant to this paragraph, each such document shall include the notice required by paragraph (1) of subdivision (d) of section 202.5-b, and the filer shall, as required, file those documents with the NYSCEF site within three business days thereafter. (d) County Clerk and Clerk of Court Not to Accept Hard Copies of Documents for Filing Where Electronic Filing Is Required. As provided in section 202.5(d)(1) of these Rules, a County Clerk and a Chief Clerk of Supreme Court, as appropriate, shall refuse to accept for filing hard copies of documents sought to be filed in actions where such documents are required to be filed electronically. (e) Exemptions From the Requirement of Electronic Filing. (1) Exemption of unrepresented litigants. Notwithstanding the foregoing, an unrepresented litigant or a proposed intervenor or other non-party seeking relief from the court who is unrepresented is exempt from having to file and serve documents electronically in accordance with this section. No such party shall be compelled, directly or indirectly, to participate in e-filing. As to each unrepresented litigant, the clerk shall explain his or her options for e-filing in plain language, including the option for expedited processing, and shall inquire whether he or she wishes to participate, provided however the unrepresented litigant may participate in the e-filing program only upon his or her request, which shall be documented in the case file, after he or she has been presented with sufficient information in plain language concerning the program. Where an unrepresented litigant chooses to participate in e-filing in accordance with these rules, he or she may at any time opt out of such participation by presenting the clerk of the court with a form so declaring. (2) Exemption of represented parties. Notwithstanding the foregoing, an attorney or a representative of a property owner designated as such as provided in Real Property Tax Law § 730 (“small claims assessment filing agent”), shall be exempt from having to file and serve documents electronically in accordance with this section upon filing with the County Clerk and the clerk of the court in which the action is or will be pending a form, prescribed by the Chief Administrator, on which the: attorney or small claims assessment filing agent certifies, in good faith that he or she: (i) lacks the computer hardware and/or connection to the Internet and/or scanner or other device by which documents may be converted to an electronic format; or (ii) lacks the requisite knowledge in the operation of such computers and/or scanners necessary to comply with this section (for purposes of this paragraph, the knowledge of any employee of an attorney, or any employee of the attorney’s law firm, office or business who is subject to such attorney’s direction, shall be imputed to the attorney). (3) Exemption of counsel upon a showing of good cause. Nothing in this section shall prevent a judge from exempting an attorney from having to file and serve documents electronically in accordance with this section upon a showing of good cause therefor. (4) Procedures applicable to exempt attorneys and small claims assessment filing agents. Where an attorney or small claims assessment filing agent is exempt from having to file and serve documents electronically in accordance with this section, he or she shall serve and file documents in hard copy, provided that each such document shall include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of these rules. The County Clerk or the court, with the approval of the Chief Administrator, may require an exempt attorney or small claims assessment filing agent to submit an additional, unbound hard copy of documents being presented in hard copy to the court. (5) Procedures applicable to e-filing attorneys and other persons. In any action in which an attorney or other person is exempt pursuant to this subdivision, all other attorneys, small claims assessment filing agents, unrepresented litigants, proposed intervenors, or others participating in e-filing and seeking relief from the court shall continue to be required to file and serve documents electronically, except that, whenever they serve documents upon a person who is exempt from having to file and serve documents electronically in accordance with this section, they shall serve such documents in hard copy, bearing full signatures, and shall file electronically proof of such service. Amended on August 31, 2015
Frequently Asked Questions
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What is the electronic filing system? The New York State Courts Electronic Filing System (NYSCEF) is a means of filing and serving legal documents electronically with various courts, including the Surrogate's Court, Supreme Court and the Court of Claims.
What are the benefits of electronic filing? Electronic filing offers many benefits to attorneys, clients and unrepresented litigants in Supreme Court and the Court of Claims. Once jurisdiction is obtained, attorneys can file and serve papers at any time from any place via the NYSCEF system. A case can be initiated or post-commencement documents filed at any time on any day, even when the courts are closed. Service through NYSCEF could hardly be easier. Multiple attorneys working on a case can view the file simultaneously, and do so from different locations. Storage of papers is simplified and expenses reduced. Fees can be paid on-line with a credit or bank card bearing a Mastercard or Visa logo. The system provides immediate e–mail notice of all filings, including filing of all orders, judgments, and decisions, which will be available on–line. The docket is clear and easy to work with. The system is easy to learn and simple to use. Where necessary, documents containing confidential information can be sealed if the assigned Justice so directs.
In what kinds of cases and in what jurisdictions may NYSCEF be used? Electronic filing on a voluntary basis is authorized for certain case types in Supreme Court in the 17 counties listed on the NYSCEF home page and for actions in the 12 counties that constitute the Albany District of the Court of Claims. (E–filing is also available in Surrogate's Court in certain counties. See elsewhere on the site for information on how to e–file there.) In all but two of the 17 counties, e–filing in Supreme Court is available in tort, commercial and tax certiorari cases. In two counties (Broome and Erie), e–filing is available in any case type as allowed by the Court. Also, see the next Q and A.
Are there any cases that must be e–filed? Yes. Certain case types in New York, Westchester and Rockland counties are subject to mandatory e–filing. Three other counties have also been designated as eligible mandatory e–filing counties. For details, please see the relevant legislation (Chapter 416 of the Laws of 2009 and Chapter 528 of the Laws of 2010) and rules (Uniform Rule 202.5–bb) posted on our website, as well as the E–filing Protocol of the counties involved. For more about mandatory e–filing, see below.
Who can initiate use of the system? A new case can be commenced electronically by an attorney or unrepresented litigant who has a User Identification (ID) and Password. Consent is not required from any other party in order to commence a case, but subsequent documents in consensual cases may be e–filed by, and served electronically upon, only parties who have consented. Jurisdiction must be acquired over all defendants/respondents through service of the initiating papers as provided in the Civil Practice Law and Rules (CPLR) unless the defendants⁄respondents consent to accept eservice. In addition, a Notice Regarding Availability of Electronic Filing or, in a mandatory case, a Notice of Commencement of Mandatory E–Filed Case must be served with the commencement papers. (These notices, and the other NYSCEF forms and notices referred to in these FAQs, are available in the Forms section of the website.) These documents notify the recipients that the case has been commenced in the NYSCEF system. A non-mandatory case that was commenced by filing of documents in hard copy form may be converted to e–filing by stipulation of the parties or by the service of a Notice Regarding Availability of Electronic Filing and the consent of some or all parties.
Is an attorney required to record consent in each consensual e–filing case in which he or she participates? Yes. With a single User ID and Password, an attorney admitted in New York can use NYSCEF in an unlimited number of cases, in all authorized courts and case types. In order to participate in e–filing in any particular consensual case, however, the attorney must record his⁄her consent in NYSCEF in the case file of each matter in which he/she wishes to participate. An unrepresented litigant and an attorney admitted pro hac vice can only use NYSCEF for the particular case in which they are involved; their User ID and Password will function only for that case.
Who can participate in e–filing? In a non-mandatory case, all parties or fewer than all (even only one) may participate in e–filing. In a mandatory case (with the very limited exceptions set out in Uniform Rule 202.5–bb), all parties are required to file and serve documents through the NYSCEF system. In an e–filed case, except in narrow circumstances, the County Clerk and the clerk of the court will not accept paper documents from a participating e–filing party. After jurisdiction has been obtained, service of documents shall be made through NYSCEF among participating parties; non-participating parties will serve and be served in hard copy form in accordance with the CPLR. To file and serve documents through NYSCEF, attorneys and unrepresented litigants must record their consent or, in a mandatory case, record the name of the party whom they represent, in the NYSCEF system. In order to do that, each participant must first obtain a User ID and Password. Parties who are served with a Notice Regarding Availability of Electronic Filing or a Notice of Commencement of Mandatory E–Filed Case should register and obtain a User ID and Password (if they do not have one already) and record their consent/representation as promptly thereafter as possible.
Does consent to NYSCEF or recording a representation constitute appearance in the case? No.
Can more than one attorney of record consent or note representation in NYSCEF for a single party in a particular case? Multiple attorneys may be listed in NYSCEF as counsel for a party. An attorney may also represent multiple parties in one case.
If I am an attorney, may I authorize someone else to act as my agent for purposes of efiling? Yes, you may authorize a paralegal or other member of your staff to file a document with NYSCEF on your behalf using your User ID and Password, but you would be the filer of record and responsible for the filing. In addition, NYSCEF allows attorney service enterprises to obtain a Filing Agent User ID and Password so that they can file documents on behalf of attorneys who do not wish to do the filing themselves. A filer of record in NYSCEF must be a member of the New York Bar, an attorney admitted pro hac vice, an unrepresented litigant, or an Agent Filing User in the business of filing on behalf of attorneys.
What does an attorney/party need to use NYSCEF? In order to be able to use NYSCEF to file and serve documents, a filer must have a User ID and Password. Necessary equipment is addressed below.
How can an attorney/party obtain a User ID and Password? It is quick and easy. To obtain a User ID and Password, an attorney for a party or an unrepresented litigant must submit a Filing User Registration form, a fillable version of which is available on the NYSCEF website. The form should be completed on–line, printed out and signed, and transmitted as instructed in the form. These steps are needed for security reasons. The sender will shortly thereafter receive the User ID and Password. Please turn off the pop-up blocker on your browser before completing the form.
Can I change my User ID and Password? Your User ID cannot be changed directly by you. If there is a reason to do so (e.g., compromised security), you can request a substitute User ID by contacting the NYSCEF E–Filing Resource Center (contact information below). NYSCEF will provide you with an initial Password along with the ID and it will permit you to change that Password to one more convenient for you or easier to remember. Should you later need to reset your password, you can do so using the Forgot Password procedure explained in the next answer.
If I forget my password or user name, how can I get the username or have the password reset? At the login screen, the following links are provided: Forgot User Name? and Forgot Password? Click the appropriate link and follow the onscreen directions to retrieve your User ID or reset your password.
Must attorneys re–register for a new User ID and Password for each NYSCEF case? No. An attorney (other than one admitted pro hac vice) who has registered as an e–filer for one matter and received a User ID and Password continues to use the same User ID and Password for each subsequent NYSCEF matter, whether the case is a Surrogate's Court, Supreme Court or Court of Claims matter, in all of which NYSCEF is available in some case types and jurisdictions.
Must an attorney re–register for a new User ID and Password when changing firms? No. However, the filer must submit a "Change of E–Mail Service Address Request Form" to the E–Filing Resource Center and update his or her profile on-line via the "My Account" tab. A user who fails to do so will probably not receive NYSCEF service notifications, as the old address will most likely cease to function. The attorney may change any additional e–mail addresses listed with NYSCEF on his⁄her own. See below for more on service and additional addresses.
Am I notified of filings in the system and, if so, by what means? Yes, by e–mail.
What do I as the filing attorney on a case have to do to establish the necessary e–mail address? Actually, two types of e–mail addresess are used in NYSCEF and it is important to distinguish between them: Service Address: One address, which is provided by a prospective filer upon registration with NYSCEF, is an e–mail address for the purpose of service of documents through NYSCEF (how e–service is effectuated is explained below). This address is denominated on the registration form and in NYSCEF as the "E–mail Service Address". Optional Addresses: In addition, a registered filer may have other, optional e–mail addresses listed in NYSCEF at which additional e–mail notifications of filings can be made. These optional addresses can be other e–mail addresses of the registered filer, or those of other persons whose receipt of additional notice would be beneficial for and convenient to the filer and his⁄her law firm, such as another partner, an associate, a paralegal, a managing clerk, and the like. After completing the NYSCEF registration form, the applicant must provide an "E–mail Service Address" for service and may, if he or she wishes, provide up to two "Optional Addresses" through the "My Account" tab on the site.
How can I change my E–mail Service Address? A registered filer cannot personally change the E–mail Service Address. This address can only be changed by the user's submitting a "Change of E–mail Service Address Request" form to the NYSCEF Resource Center. It is imperative that each attorney request a change of his⁄her E–mail Service Address if for any reason the address ceases to be accurate (e.g., if the attorney changes the service provider through which he or she receives e–mails, or, as discussed, moves to a new firm).
How can I change my Optional Address(es)? The attorney can personally modify the Optional Addresses at any time via the "My Account" tab after logging into NYSCEF.
Can I designate different Optional Addresses for different cases? At the moment, the answer is no, although we shortly will modify NYSCEF to create this capability. Therefore, the E–mail Service Address designated by an attorney upon registering with NYSCEF and any Optional Addresses designated then or later or modified later constitute the E–mail Service Address and the Optional Addresses for every case in which that attorney appears as the attorney of record in NYSCEF. Despite this limitation, the attorney, until the new capability is activated, can, by a very simple means, effectuate the orderly distribution of the additional notices among whichever attorneys in the firm need to receive them depending upon the case in which the notice is issued. That is, if the attorney appears as the attorney of record in NYSCEF in, say, ten different cases in which he or she is assisted by ten different partners and twenty different associates, the attorney can easily assure that each of those partners and attorneys, or only some of them, will receive a notification of every filing in the case on which they are working, but no notifications in the nine cases on which they are not working. This can be done as follows: the attorney of record, upon registration or at a later time, can designate a managing attorney or clerk, paralegal, calendar clerk, or other person on the attorney's staff as one of the Optional Addressees for additional notices in that attorney's cases. That person can in turn establish in his or her e–mail box a set of rules or filtering that will forward automatically all notifications as they come in on the ten cases to those attorneys or other persons in the firm (and only those individuals) who need to receive additional notices about each individual case. The establishment of rules or filtering is easily done in the e–mail program of the firm.
What if another attorney in my firm takes over a case in which I am listed in NYSCEF as the attorney of record? You must contact the Resource Center. The other attorney, of course, must have, or will need promptly to obtain, a User ID and Password by registering with NYSCEF.
How can I learn how traditional court and County Clerk procedures, such as regarding the processing of proposed orders to show cause, are applied in e–filed cases? You should consult the E–Filing Protocol of the court and the County Clerk for the county in question, posted on their websites.
How do I file if the NYSCEF system has a technical failure and cannot be accessed? Failures rarely occur, but the general rules (Uniform Rule 202.5–b) address what would happen were one to occur. A technical failure occurs when the system cannot be accessed continuously or intermittently over the course of any period of greater than one hour after noon of that day. The Resource Center will post notice of all such technical failures on the website. If a failure has been posted, the appropriate clerk will accept filing in hard copy. With the exception of deadlines that cannot be extended by law, the time to file any document shall be extended for one day for each day a technical failure occurs.
What training is available for use of the NYSCEF system? A User's Manual is available on the NYSCEF website, as is a short instructional program. For information about training sessions, consult the "Announcements" link on the NYSCEF site or contact the NYSCEF Resource Center. The Resource Center presents in New York City weekly, and from time to time elsewhere, a two–hour training course that provides attorneys, at no charge, with two CLE credits. For information on training in Westchester County, please call 914–995–3082.
I will adhere to the rules governing Electronic Filing in the Uniform Rules for New York State Trial Courts and any protocols promulgated by participating courts.
I am registering so as to be able to employ the NYSCEF live system in cases filed in the courts participating in the NYSCEF program.
I understand that each use of my password for filing documents with NYSCEF constitutes my signature on the document being submitted for the purpose of meeting the requirements of Part 130 of the Rules of the Chief Administrator and all rules governing NYSCEF.
I understand that every filing user must list an e-mail service address. Therefore, as a condition of registering as a filing user of NYSCEF and of receiving my user ID and password, I will provide an e-mail service address. This e-mail service address is the address at which service of interlocutory documents may be made through NYSCEF upon me or upon the parties I represent. If I need to modify my e-mail service address, I shall notify the Resource Center immediately.
I understand that providing any false information in this application may result in a revocation of my authorized user status.
I will protect and secure the confidentiality of my password. If I have reason to believe that my password has been compromised, I will notify the NYSCEF Resource Center immediately by e-mail. I also will inform the court and the Resource Center immediately of any change in my employment affiliation.
This system and all data are the property of the New York State Unified Court System (UCS).
Data may not be mined or sold, or used in any pay-for-use application.
This site may not be accessed by any automated program ("bot") for the purpose of extracting data for any use.
This site may not be directly linked to by any website.
Unauthorized use or attempted unauthorized use of this system may subject you to appropriate disciplinary action and criminal or civil penalties.
Because transcription or other errors may arise when compiling the information provided on this website, users should verify the accuracy of information by consulting original court records or sources. The Unified Court System is not responsible for consequential use of website errors.
What documents must be e–filed in mandatory cases? With limited exceptions, in a mandatory case, the commencement documents must be e–filed. Service of those documents shall be made in hard copy format in the manner required by the CPLR (unless the defendant/respondent is willing to accept e–service). Subsequent documents in such a case must be efiled and e–served as well. Except as otherwise provided in the rules, neither the court nor the County Clerk will accept documents in paper format in a mandatory case.
Where can I get more information about mandatory e–filing? Consult the E–Filing Protocol of the court and County Clerk for the county in question, posted on their websites.
What hardware is needed to use NYSCEF? A personal computer, a scanner, and a printer.
What software is needed to use NYSCEF? A user must have internet access, a web browser and Adobe Acrobat Reader software, which is needed to read documents in Portable Document Format (PDF), the format used for all documents filed in NYSCEF. This software is available at no charge from Adobe by download at the following address: www.adobe.com/products/reader PDF documents can be created by Adobe Acrobat Writer software and by Word, WordPerfect, and other versions of commercially-available word processing software, and other applications. PDF documents can also be created by scanning hard copies, but the result is a larger electronic file than those created by the programs just mentioned and one that therefore will take longer to upload.
Do I need to change any settings on my computer to use the site? The site is best viewed in 1024 x 768 resolution. To change this, find the "Display" settings in your Control Panel. Additionally, the pop–up blocker on your web browser must be turned off.
When can documents be filed? Any hour of any day, even when the courthouse is closed. This includes commencement documents. The NYSCEF system allows the e–filer to authorize the charging of a credit or bank card bearing a Mastercard or Visa logo for normal filing fees if they are associated with the transaction. A confirmation will be transmitted to the e–filer by NYSCEF for the fees charged. The filer can pay the fees in person at the County Clerk's Office or the Court of Claims, although the document in question will not be considered to have been filed until payment is presented.
How can I begin to use the system? A filer may commence a case⁄claim electronically in an authorized court if the matter falls within the eligible case⁄claim types. The filer needs to have a User ID and Password. By those means, the filer can enter the system and consent to the use of NYSCEF for a new matter or, in a mandatory case, record the filer's representation. The filer can select an option to file to start a new case. The filer inputs case information, pays the filing fee by credit or bank card with a Mastercard or Visa logo through NYSCEF, attaches the initiating papers and transmits them. The system will confirm the transmission. To obtain jurisdiction, service must be made in the same manner as is required in all hard copy cases by the CPLR (unless consent to e–service is given). A "Notice of Availability of Electronic Filing" or "Notice of Commencement of Mandatory E–Filed Case" must be served with the pleading. Once another party or parties record their consent or, in a mandatory case, their representation in NYSCEF, service of other papers by and between or among those parties can be made via the NYSCEF system. In a consensual case, if only the plaintiff⁄claimant consents, that party may e–file documents thereafter, but must serve in hard copy format. An eligible consensual case that was commenced and continued in hard copy form may be converted to a NYSCEF case by filing a Stipulation and Consent to E–Filing (found on the website) with the court. Any such conversion should be done promptly after commencement.
Can I practice before actually using the NYSCEF system? Yes. NYSCEF is divided into two sectors: A "Training System" and the actual or "Live System." To use the Training System, the attorney or party must obtain a Training User ID and Password. The Training User ID and Password are required so that the practicing e–filer will be able to receive the training email notices generated by the system, described below. To use the Live System, the user must obtain a separate User ID and Password. The Training System is otherwise a duplicate of the Live System, and a user can run through all NYSCEF features on a practice basis. Both training and live User IDs and Passwords can be obtained in the same way, as explained above.
Can I as a filing user use a regular (Live) User ID and Password for practice? No. This distinction is required in order to ensure that practice filings are not inadvertently made in real cases.
Once a case file has been opened in NYSCEF, how do I file a document? You should go to the relevant screen and select the option to file a document. On a document selection screen, you must select from a drop–down menu the type of document to be filed. You locate the document on your computer by clicking "browse" and navigating to the place on the computer where the document in PDF format has been saved. Or, you can designate a file path to attach the document. See the User's Manual.
Is there a limitation on the size of documents that can be filed electronically? Yes. 100 megabytes per PDF document.
Can my PDF document use layers? PDF documents with multiple layers must be flattened prior to submission to ensure that the complete document is available to the examiner.
Can I add security features to my PDF documents? Password protection and encryption are prohibited. Documents that are protected in this manner will not pass validation, thus will not be submitted.
Is there any limitation on Object Content in my PDF document? Content that cannot render (be viewed) directly or completely to a printed page, including: multimedia (e.g., sound, video, animations, slideshows), 3-dimensional models (e.g., CAD drawings), file attachments, multi-page objects (e.g., Microsoft Excel spreadsheets, multi-page TIFF images), and commenting/reviewing features (highlighting, annotations, comments, notes, and the like) are prohibited.
Is there a minimum resolution for my PDF documents? Required resolution for the scanned PDF images is 200 dots per inch (dpi). Documents scanned at a resolution of 200 (dpi) ensure that the pages of the document are legible both on the computer screen and when printed and, at the same time, minimizes the file size.
Must I name my PDF file in any particular manner? No. No specific file name is required, but long names will not upload properly.
How do I know if my filing has been received? If the filing consists of initiating documents, after the filing is transmitted, a message confirming receipt will appear on screen and a confirmatory e–mail message will be sent to the filer. If payment by credit⁄bank card has been made, the system will process the fee. The County Clerk or Court of Claims clerk will assign an index or claim number to the matter. If you prefer to pay in person at the County Clerk's Office or the court, the number will not be issued until payment is presented. An e–mail message will be sent confirming issuance of the index or claim number and a confirmation for the fee will be transmitted. The same basic process (of course, without issuance of an index or claim number) will take place if the document being filed is a subsequent document in a case that requires the payment of a fee, or a non–fee document, for which, of course, no credit/bank card information will be submitted. You can also check the list of documents on the confirmation screen by clicking the "View Case Details" link and then the "Document List" tab.
What happens if a filing contains errors? The NYSCEF Rules provide that documents are filed when transmission to NYSCEF takes place together with any required filing fee. If the clerk detects some defects in documents that have been e–filed, such as if papers for a different case are inadvertently attached, the clerk may inform the filer and request that a corrected copy of those documents be submitted. If the filer realizes that a filing was made incorrectly, he or she may wish to consult the County Clerk, the court clerk or the NYSCEF Resource Center if uncertain about how to proceed. The court, the County Clerk and the Resource Center will work with the Bar to smooth out any such difficulties that may arise.
How do I e–serve a document? Service is simple. Jurisdiction over a person must be obtained in accordance with the CPLR. Thereafter, service in a NYSCEF case is made through NYSCEF by a participating e–filer upon other e–filers who have recorded their consent or, in a mandatory case, noted their representation for a party. When a document is filed through NYSCEF in a case in which other attorneys or parties have recorded their consent or their representation, transmission of the document to NYSCEF automatically causes service to occur on the other participating attorneys⁄parties. The NYSCEF system immediately transmits an e–mail message to those participants at the E–mail Service Address of each identifying all recipients of that message, reporting to them that a document has been received by NYSCEF, and conveying in the message a link to the document. That transmission constitutes service. Time to respond to an e–served document is the same as when personal service is made in hard copy format. The NYSCEF file will maintain a record of the parties that have been e–served with that document. There is no charge for this electronic service. The e–filer may also use normal hard copy service if he⁄she prefers. Attorneys or parties not participating in e–filing must serve and be served in the traditional way in hard copy.
Will I as a NYSCEF user be notified of documents filed by the court? Yes, all filings in a NYSCEF case, including the filing of orders, decisions and judgments by the court⁄County Clerk, will generate immediate, automatic email notifications to e–filing participants in that case at the E–mail Service Address and any Optional Addresses of each.
How can I consult the docket for my case? You can review the docket by conducting a search by index number or claim number or party name. A "Search Results" screen will appear. By clicking on the index or claim number there, the docket can be accessed.
How are NYSCEF documents signed? Under the NYSCEF Rules, the act of filing a document by a registered e–filer by means of that filer's User ID and Password constitutes "signing" where the e–filer is a signatory of that document and⁄or for the purposes of Part 130. If an e–filer wishes to file a document signed by someone else, the document as filed must bear the signature of that person prior to filing, that is, a hard copy should be signed and the document should be scanned into PDF format and filed with NYSCEF. A document may also be signed when the signatory affixes the digital image of his or her signature to the document. A separate method applicable only to tax certiorari cases is also provided.
It is the sole responsibility of counsel and the parties to be aware of and to comply with existing laws requiring non–disclosure of confidential personal information contained in any document e–filed in NYSCEF. For example, General Business Law § 399–ddd(6) and Public Officers Law § 96–a addresses the confidentiality of social security account numbers.
Documents previously E–Filed as secure in NYSCEF prior to April 15, 2013 will continue to retain their secure status unless otherwise directed by the court. Online access to those documents will continue to be restricted to counsel of record and unrepresented litigants in the case, but public inspection of the documents will be available on computer terminals at the courthouse or County Clerk's Office.
Can documents be sealed? Yes, the system permits this to be done efficiently. However, a court order pursuant to Part 216 of the Uniform Rules for the Trial Courts is required.
Can I remove my consent/representation from a case? An attorney's consent/representation can be removed pursuant to CPLR - 321(b)1, CPLR - 321(b)2, or where an attorney has already been substituted by another attorney. Please read the complete Removing Consent/Representation Instructions for more information.
What is the credit card security code? The security code is located on the back of MasterCard, Visa and Discover credit or debit cards and is typically a separate group of 3 digits to the right of the signature strip. On American Express cards, the security code is a group of four digits on the front towards the right.
Condominium Requirements: When Condo COVERAGE = 1, 2, or 3, enter data in all fields (except SCARP). When COVERAGE = 4, create a separate record for each range. Enter data for all fields on the low lot, the first record for each range. Subsequent records require only BLOCK, LOT, CONDO, CONDO# and CONDO COVERAGE (CC). Procedures for creating multiple records for petitions when COVERAGE = 4 are the same as in the Application Data Transfer instructions.
How can I learn more about using NYSCEF? Consult the User's Manual and the instructional program posted on the main page of the website, as well as the E–Filing Protocol of the court and County Clerk for the county in question, posted on their websites. The Protocol contains details about how traditional court and County Clerk requirements are applied in e–filed cases. As mentioned above, training is also available. For additional information, consult the