County Clerk Publishes Recently Revised NYSCEF Forms

Click the link here to find recently revised New York State Courts Electronic Filing (NYSCEF) forms pursuant to the Administrative Order of the Chief Administrative Judge of Courts. This Order applies only to those actions and proceedings before the New York State Supreme Court. These repeal any prior versions of these forms as of October 28, 2020 and apply to the e-filing requirements set forth in prior Administrative Orders:

1. Notice of Electronic Filing Consensual Case
   1. This is the “Consensual” version of the “Mandatory” form
   2. In Erie County the following matters are considered “consensual” e-file: CPLR Article 70 proceedings; CPLR Article 78; Election Law, In Rem Tax proceedings, Matrimonial actions; Mental Health Law proceedings and Real Property Tax Law Section 730 (SCAR Petitions)
   3. Though these are considered “consensual” to e-file, the mandate of Administrative Order AO 121/20, which requires that represented parties must commence or proceed in pending matters exclusively via electronic filing in NYSCEF, still applies
   4. Practical application, note whether your matter is among the 7 consensual categories, then this form applies rather than the “Notice of Commence of Mandatory E-File Action”

2. Stipulation and Consent to E-filing
   1. This is routinely used where a matter previously pending on paper but now must proceed exclusively via NYSCEF
   2. Once the Stipulation is signed by all parties or their counsel, then it is uploaded to the Electronic Document Delivery System for conversion to e-file https://iappscontent.courts.state.ny.us/NYSCEF/live/edds.htm
   3. The Clerk’s Office will create an e-file matter, but this process does NOT file your documents
   4. You will need to search for the case to determine when the matter has been converted and then file documents via the normal NYSCEF procedures

3. Letter Application to Convert Pending Action to E-Filing
   1. The Uniform Rules of the Trial Courts permits the court to grant an application authorizing e-file
   2. This need arises in those instance referenced in 2(a) and where another party is pro se or obstinance from opposition
   3. Please note the service requirements
   4. This will then be forwarded either to the Justice hearing the matter, or if the Justice is no longer on the bench, then to the Chief Clerk’s Office to be assigned
   5. Once signed by the Judge, they will forward to the Clerk’s Office and the matter will be 

4. Notice of Conversion to Electronic Filing
   1. This applies in those matters where conversion to e-file has occurred pursuant to the letter application
   2. Features language to pro se defendants to proceed

5. Notice of Commencement of Action Subject to Mandatory e-filing
   1. This replaces the previous form
   2. It provides further instruction to pro se defendants on how to proceed

Please feel free to reach out to the County Clerk if your office has any questions with respect to e-file conversions.

Office of Erie County Clerk Michael P. Kearns
92 Franklin Street
Buffalo, New York 14202
Phone: (716) 858-6348
Fax: (716) 858-6550
Visit www.erie.gov/clerk