Exploring the Many Benefits of E-Filing

Over the past two decades, electronic filing of court submissions has become increasingly utilized and made mandatory in courts throughout the state and nation. Electronic filing in the Appellate Division, Second Department, began in 2018 with cases originating in Westchester County. The program was gradually expanded over the course of three years until Kings County, the last and most populous county, was added effective April 1, 2021. Since that date, except for certain exempt attorneys and litigants, electronic filing of briefs, records, and motions has been mandatory in all matters originating and electronically filed in the Supreme and Surrogate’s Courts in the 10 counties within the Second Department.

When a notice of appeal is filed in a matter that is subject to mandatory electronic filing, counsel for the appellant has 14 days to register with New York State Court Electronic Filing (NYSCEF) system or confirm a pre-existing registration and to enter information, including a copy of the notice of appeal with proof of filing and the order or judgment appealed from, in the NYSCEF system. Members of our Clerk’s Office are notified of the filing and provide the filer with an Appellate Division docket number. The filer then has seven days to serve the respondents with a form containing that information, and to file proof of service electronically. Thereafter, the respondents have 20 days to register with NYSCEF or confirm registration and to enter certain information into the system. Once this is done, records, appendices, briefs, motions, and applications relating to that appeal are filed electronically, and service upon all parties other than those who are exempt shall be by electronic filing. Members of our Clerk’s Office and Motion Support staffs review the electronic filings in the same fashion that they previously reviewed hard copy filings that came over the counter. Once the electronic filings have been accepted for filing by the court, the filer is notified. Litigants are encouraged to consult our court’s website for more detailed information and guidance regarding electronic filing.