N.Y. CPLR § 2111

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 2111 Filing of papers in the trial courts by facsimile transmissionand by electronic means § 2111. Filing of papers in the trial courts by facsimile transmissionand by electronic means. (a) Notwithstanding any other provision oflaw, the chief administrator of the courts, with the approval of theadministrative board of the courts, may promulgate rules authorizing aprogram in the use of facsimile transmission only in the court of claimsand electronic means in the courts of New York having civil jurisdictionfor: (i) the commencement of civil actions and proceedings, and (ii) thefiling and service of papers in pending actions and proceedings.Provided, however, the chief administrator shall consult with the countyclerk of a county outside the city of New York before the use ofelectronic means is to be authorized hereunder in the supreme court orthe county court of such county, afford him or her the opportunity tosubmit comments with respect thereto, consider any such comments andobtain the agreement thereto of such county clerk.(b) 1. Participation in this program may be required or may bevoluntary as provided by the chief administrator, except that it shallbe strictly voluntary as to any party to an action or proceeding who isnot represented by counsel.2. (A) Where participation in this program is to be voluntary:(i) commencement of an action or proceeding by facsimile transmissionor electronic means shall not require the consent of any other party;nor shall a party's failure to consent to participation in an action orproceeding bar any other party to the action or proceeding from filingand serving papers by facsimile transmission or electronic means uponthe court or any other party to such action or proceeding who hasconsented to participation;(ii) all parties eding from filingand serving papers by facsimile transmission or electronic means uponthe court or any other party to such action or proceeding who hasconsented to participation;(ii) all parties shall be notified clearly, in plain language, abouttheir options to participate in filing by electronic means;(iii) no party to an action or proceeding shall be compelled, directlyor indirectly, to participate;(iv) where a party is not represented by counsel, the court shallexplain such party's options for electronic filing in plain language,including the option for expedited processing, and shall inquire whetherhe or she wishes to participate, provided however the unrepresentedlitigant may participate in the program only upon his or her request,which shall be documented in the case file, after said party has beenpresented with sufficient information in plain language concerning theprogram.(B) Where participation in this program is to be required:(i) such requirement shall not be effective in a court in a countyunless, in addition to consulting with the county clerk of such countyand obtaining his or her agreement thereto if the court is a supremecourt or county court, the chief administrator shall:(1) first consult with members of the organized bar including but notlimited to city, state, county, and women's bar associations and, wherethey practice in such court in such county, with (a) institutionalservice providers, (b) not-for-profit legal service providers, (c)attorneys assigned pursuant to article eighteen-B of the county law, (d)unaffiliated attorneys who regularly appear in proceedings that are orhave been affected by a program of electronic filing in such county, and(e) any other persons as deemed to be appropriate by the chiefadministrator;(2) afford all those with whom he or she consults pursuant to item oneof this clause the opportunity to submit comments with respect t s as deemed to be appropriate by the chiefadministrator;(2) afford all those with whom he or she consults pursuant to item oneof this clause the opportunity to submit comments with respect to theprogram, which comments, including but not limited to comments relatedto unrepresented litigants, he or she shall consider and shall post forpublic review on the office of court administration's website; and(ii) as provided in paragraph three of this subdivision, no party whois not represented by counsel nor any counsel in an affected case whoopts out of participation in the program shall be required toparticipate therein.3. Where the chief administrator requires participation in electronicfiling --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only as provided in paragraph one of this subdivision, he or she shallafford counsel the opportunity to opt out of the program, viapresentation of a prescribed form to be filed with the clerk of thecourt where the action is pending. Such form shall permit an attorney toopt out of participation in the program under any of the followingcircumstances, in which event, he or she will not be compelled toparticipate:(A) where the attorney certifies in good faith that he or she lacksthe computer hardware and/or connection to the internet and/or scanneror other device by which documents may be converted to an electronicformat; or(B) where the attorney certifies in good faith that he or she lacksthe requisite knowledge in the operation of such computers and/orscanners necessary to participate. For the purposes of thissubparagraph, the knowledge of any employee of an attorney, or anyemployee of the attorney's law firm, office or business who is subjectto such attorney's direction, shall be imputed to the attorney.Notwithstanding any other provision of this subdivision, where a partyis not represented by coun fice or business who is subjectto such attorney's direction, shall be imputed to the attorney.Notwithstanding any other provision of this subdivision, where a partyis not represented by counsel, the clerk shall explain such party'soptions for electronic filing in plain language and shall inquirewhether he or she wishes to participate, provided however theunrepresented litigant may participate in the program only upon his orher request after said party has been presented with sufficientinformation in plain language concerning the program; and a party notrepresented by counsel who has chosen to participate in the programshall be afforded the opportunity to opt out of the program for anyreason via presentation of a prescribed form to be filed with the clerkof the court where the proceeding is pending; and a court may exempt anyattorney from being required to participate in the program uponapplication for such exemption, showing good cause therefor.(c) For purposes of this section, "the filing and service of papers inpending actions and proceedings" shall include the filing and service ofa notice of appeal pursuant to section fifty-five hundred fifteen ofthis chapter. CPLR § 2111 Page 2