Judge Marks issues Administrative Order 115-20 Detailing Matters and Methods for Electronic Filing

ADMINISTRATIVE ORDER OF THE CHIEF ADMINISTRATIVE JUDGE OF THE COURTS

Pursuant to the authority vested in me, at the direction of the Chief Judge, and consistent with the Governor’s determination approving the easing of restrictions on commerce imposed due to the COVID-19 health emergency, I hereby direct that, notwithstanding the terms of any prior administrative order:

1. In the counties and on the dates set forth in Exh. A, in courts and case types approved for electronic filing through the New York State Courts Electronic Filing System (NYSCEF), represented parties must commence new matters or proceed in pending matters exclusively by electronic filing through NYSCEF, and must file and serve papers in such matters (other than service of commencement documents) by electronic means through NYSCEF or, where permitted under NYSCEF court rules, by mail. Unrepresented parties must file, serve and be served in such matters by non-electronic means unless they expressly opt in to participate in NYSCEF.

2. To the extent that NYSCEF electronic filing is unavailable in courts or case types in the counties and on the dates set forth in Exh. A, represented parties must commence new matters exclusively by mail, except where otherwise authorized by the Chief Administrative Judge. Following commencement of a new matter, and in pending matters, represented parties must file papers through the Unified Court System’s Electronic Document Delivery System (EDDS) or by mail, and must serve papers (other than commencement documents) by electronic means or by mail. Unrepresented parties must file, serve and be served in such matters by non-electronic means unless they provide written notification to the court and all parties that they wish to file, serve and be served electronically.

3. In the counties and on the date set forth in Exh. B, in courts and case types approved for electronic filing through NYSCEF, represented parties must commence new matters or proceed in pending matters exclusively by electronic filing through NYSCEF, and must file and serve papers in such matters (other than service of commencement documents) by electronic means through NYSCEF. Unrepresented parties must file, serve and be served in such matters by non-electronic means unless they expressly opt in to participate in NYSCEF.

4. To the extent that NYSCEF electronic filing is unavailable in courts or case types in the counties and on the date set forth in Exh. B, represented parties in pending matters may submit for filing digital copies of (1) motions, crossmotions, responses, replies and applications, (2) notices of appeal and crossappeal, (3) stipulations of discontinuance, stipulations of adjournment, and other stipulations; (4) notes of issue, and (5) such other papers as the Chief Administrative Judge may direct, to courts and clerical officers of the Unified Court System (including County Clerks acting as clerks of court) through EDDS or such other document delivery method as the Chief Administrative Judge shall approve. Represented parties must serve documents filed through EDDS by electronic means, including electronic mail or facsimile. Unrepresented parties must file, serve and be served in such matters by non-electronic means unless they provide written notification to the court and all parties that they wish to file, serve and be served electronically.

This order shall not affect procedures for the filing and service of essential matters, and, on the dates that it becomes effective, supersedes administrative orders AO/87/20 (pars. A-C) and AO/114/20.

Dated: May 28, 2020

Chief Administrative Judge Lawrence K. Marks