The Future of Hard Copy Court Records and E-Filing

In his New York Practice column, Thomas F. Gleason writes: In this second half of the second decade of this millennium, consider the implications of two CPLR proposals awaiting action on the governor's desk. The first would broadly expand electronic filing of court papers, and the second would allow hard copy service of interlocutory papers by mail from other states within the United States.

July 17, 2015 at 04:54 PM

8 minute read

The original version of this story was published on New York Law Journal

In this second half of the second decade of this millennium, consider the implications of two CPLR proposals awaiting action on the governor's desk. The first¹ would enact a new CPLR Article 21-A and broadly expand electronic filing of court papers, and the second² would amend CPLR 2103, so that hard copy service of interlocutory papers can be made by mail from other states within the United States.

These amendments constitute a minor tweak for interlocutory service of hard-copy papers, and a major overhaul of the e-filing system. Both types of media (paper and electronic) remain essential to New York practice, but the scope of the e-filing initiative is the clearest sign in years that the hard copy age is nearly over.

The 16-Year Experiment

New York's long experiment with e-filing (since 1999)³ reflected the Legislature's concern that not all practitioners (or pro se parties) had the capacity to use an Internet filing system, and that the sheer breadth and complexity of New York court business made any precipitous push for e-filing risky.

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