Lawrence Marks, chief administrative judge of the state of New York.

The New York state courts will move another step closer to full function on Monday, when attorneys will be able to file motions and responses in pending cases.

The announcement Thursday from Chief Administrative Judge Lawrence Marks is the second major step in rolling back the court system's coronavirus-related restrictions. It comes nearly three weeks after the courts reopened for virtual conferences in pending cases; judges have held conferences and other virtual proceedings in more than 25,000 cases so far, and a third of those have been settled or otherwise disposed, Marks reported.

Progress in all cases categorized as "non-essential" was frozen by state court leaders on March 16 in an attempt to slow the spread of COVID-19 across New York.

Virtual capabilities were rolled out statewide in the weeks after the freeze, and a new electronic document delivery will be available Monday for jurisdictions without e-filing, Marks wrote in Thursday's announcement.

Notices of appeal and other paperwork can also be filed electronically, according to Marks' memo, and the state's problem-solving courts will reopen for virtual conferences on Skype for Business. Judges are also allowed to refer matters for alternative dispute resolution, Marks wrote.

Marks did not lay out a timeline in the memo for the reopening of other court functions, including the filing of new cases or the expansion of in-person proceedings. He emphasized that eliminating the "current backlog of undecided matters" will be important in helping the court system absorb the expected surge of new litigation when normal operations resume.

The state's COVID-19 indicators continued to improve as of Wednesday, with hospital discharges increasing and hospital admissions and ICU admissions declining.

In a statement, New York State Bar Association president Henry "Hank" Greenberg praised the expansion of motion filing.

"It is welcome news for attorneys across the state—and for all New Yorkers—that New York's virtual courts will be expanding the type of motions that can be filed and allowing the filing of appeals in existing cases," Greenberg said. "New York's lawyers are thrilled to see the virtual courts take another step toward normal operations, and we wholeheartedly support the latest actions taken by the court system."

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