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.

The initial program introduced the now well-established “written consent” of all parties requirement, and the Legislature even included a sunset clause that caused the initiative to “expire July 1, 2002.”4 The evolution of the e-filing rules, which for the program in its present form are contained in Uniform Rules 202.5-b and 202.5-bb, also reflect this conservatism. A limited mandatory e-filing program in a few counties for limited types of cases was not authorized until 2009.

The Proposed Expansion

The 2015 e-filing bill is broad, affecting not only civil cases, but also criminal, family court and surrogate's court proceedings. Insofar as relevant to CPLR practice, the pending bill allows the chief administrator (chief administrative judge) to significantly expand mandatory civil case e-filing, and to promulgate rules that will “eliminate the requirement of consent” in the current statutes and rules.