2021-2022 Erie County Bar Foundation Campaign

FAQs: Frequently Asked Questions

All the answers you need regarding the courts, the legal community, and changes in the law due to the COVID-19 outbreak.

Are NYSCEF and EDDS essentially the same?

No. They are very different.

  • NYSCEF (New York State Courts Electronic Filing System) is a document filing system used in a majority of the NY Supreme Courts. Once a case is commenced and service of process is completed in accordance with the CPLR or applicable statute, all subsequent filings will be considered served on all parties who have appeared in the action or proceeding.
  • EDDS (Electronic Document Delivery System) is a temporary system developed to allow electronic delivery of documents to courts that are not part of the NYSCEF system. It is designed to allow parties to submit documents for filing electronically instead of in person. The submission alone does NOT constitute filing. You must await confirmation of filing or follow up to obtain same. After receiving such confirmation, you must serve the documents on opposition via electronic means. (See AO/87/20 and AO/114/20.)

How do I know whether to use NYSCEF, EDDS or paper in the non-essential matters?

AO/78/20, AO/87/20, and AO/114/20 provide guidance. (Additional orders are expected to follow soon addressing the filing of new matters in the remainder of the counties in NYS and to expand the counties listed on Exh. A of AO/114/20.) Generally:

  • In NY Supreme Courts where NYSCEF is available:
    • If the matter is an existing NYSCEF e-filed case, keep filing and serving documents through NYSCEF.
    • If the matter is an existing paper case in a court that now has NYSCEF available for such matters, you must submit a fully executed stipulation and consent form to the court via EDDS. (This will be the only document you may submit to the enumerated NYSCEF courts through EDDS.) The case will be set up in NYSCEF for all subsequent filings.
    • If commencing a new matter in a NYSCEF court, try first commencing through NYSCEF. A screen will appear with selections for the types of cases approved for electronic filing. NOTE: Matrimonials may now be filed in NYSCEF in such courts.
  • In NY Supreme Courts where NYSCEF is unavailable, or if the case type is not available for NYSCEF filing, or the court is otherwise not a NYSCEF court (e.g., Family Court, City Court):
    • If it is a new matter (in a county authorized to accept new filings), the case must be commenced by mail. EDDS or mail must be used to submit all documents for filing after commencement. Documents filed through EDDS submissions must then be served on all parties via electronic means or by mail. (AO/114/20. Additional orders expanding Exh. A are expected.)
    • At the time of this draft, neither Allegany County nor Orleans County were accepting EDDS submissions, so be sure to contact those County Clerks regarding filings.
  • Town and Village Court filings must be done by mail, but calendars and foot traffic are not encouraged.
  • Exceptions exist for self-represented individuals.

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Acknowledgments

This FAQ page was made possible by some amazing Association members who are dedicated to helping the legal community and the public during this health crisis.