senate Bill S4833

Relates to electronic filing in civil proceedings in Nassau county

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 25 / Apr / 2013
    • REFERRED TO JUDICIARY
  • 29 / May / 2013
    • 1ST REPORT CAL.764
  • 30 / May / 2013
    • 2ND REPORT CAL.
  • 03 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 04 / Jun / 2013
    • SUBSTITUTED BY A6551

Summary

Relates to electronic filing in civil proceedings in Nassau county.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6551
Versions:
S4833
Legislative Cycle:
2013-2014
Law Section:
Civil Practice
Laws Affected:
Amd ยง6, Chap 367 of 1999

Sponsor Memo

BILL NUMBER:S4833

TITLE OF BILL: An act to amend chapter 367 of the laws of 1999,
amending the civil practice law and rules and the judiciary law
relating to authorization of pilot programs permitting use of
facsimile transmission or electronic means to commence an action or
special proceeding, in relation to electronic filing in civil
proceedings in Nassau county

This measure is being introduced at the request of the Chief
Administrative Judge of the State.

Since 1999, when the State began its first experiment with e-filing in
the courts (see L. 1999, c. 367), the Legislature has shown a strong
commitment to expanding authority for use of e-filing in legal
proceedings. This has been in recognition of the fact that e-filing in
the courts continues to demonstrate that it can provide substantial
benefits - including lower litigation costs and reduced
access-to-justice barriers especially for solo practitioners, small
firms and rural practice - without prejudicing rights or otherwise
compromising the administration of justice. Indeed, as of this time,
in the spring of 2013, the Legislature has granted the Chief
Administrative Judge authority to permit e-filing ("consensual
e-filing") in all categories of civil cases in Supreme Court, in
Surrogate's Court, in the Court of Claims and in the NYC Civil
Court{1}; and has granted the Chief Administrative Judge authority to
require e-filing ("mandatory e-filing") in Supreme Court in NYC and in
ten counties outside the City in a broad array of cases{2}, and in
Surrogate's Court in any county{3} and in the NYC Civil Court in one
class of cases. Further, the Legislature has authorized experiments in
the use of e-filing in certain proceedings in criminal and Family
Courts.

The instant measure provides a modest addition to the list of venues
in which the Chief Administrative Judge may require e-filing in civil
cases in Supreme Court: Nassau County. This addition is made with no
change to existing statutory limitations on the Chief Administrative
Judge's exercise of her power to require e-filing in Supreme Court.
Most importantly, the local County Clerk must agree to use of
mandatory e-filing in his or her county; mandatory e-filing is not to
be required in matrimonial actions, Election Law proceedings, CPLR
Article 78 proceedings and Mental Hygiene Law proceedings; and parties
to proceedings in which mandatory e-filing is otherwise required can
be excused from compliance under certain circumstances (e g., where a
party is pro se or where he or she certifies an inability to e-file
for reasons relating to unavailability of the requisite computer
equipment or to want of computer skills).

We are advised that the Nassau County Clerk supports this measure and
the use of e-filing in civil parts of Supreme Court in her county.

This measure would take effect immediately and would have no fiscal
impact on the State.

Legislative History: None. New proposal.


{1} This authority to authorize consensual e-filing has been exercised
in 11 counties in Supreme Court, primarily for commercial, tort and
tax certiorari cases; in 8 counties in Surrogate's Court; in the Court
of Claims and in one class of cases in the NYC Civil Court.

{2} The ten counties outside NYC include Erie, Livingston, Monroe,
Rockland, Tompkins, Allegany, Essex, Onondaga, Suffolk and
Westchester. As of this date, mandatory e-filing has been imposed in
one or more civil case types in Supreme Court in five counties outside
NYC (including Erie, Essex, Rockland, Suffolk and Westchester) and in
three counties in NYC (Bronx, Kings and New York)

{3} As of April 30, 2013, mandatory e-filing will be in effect in
Surrogate's Court in ten counties

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4833

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 25, 2013
                               ___________

Introduced  by Sen. MARTINS -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Judiciary

AN  ACT  to  amend  chapter  367 of the laws of 1999, amending the civil
  practice law and rules and the judiciary law relating to authorization
  of pilot programs permitting use of facsimile  transmission  or  elec-
  tronic  means to commence an action or special proceeding, in relation
  to electronic filing in civil proceedings in Nassau county

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subparagraph  1  of  paragraph  (B) of subdivision (b) of
section 6 of chapter 367 of the laws of 1999, amending the  civil  prac-
tice  law  and  rules and the judiciary law relating to authorization of
pilot programs permitting use of facsimile  transmission  or  electronic
means  to  commence  an  action or special proceeding, as renumbered and
amended by chapter 184 of the laws  of  2012,  is  amended  to  read  as
follows:
  1.  One  or  more  classes  of cases (excluding matrimonial actions as
defined by the civil practice law and rules, election  law  proceedings,
proceedings brought pursuant to article 78 of the civil practice law and
rules,  and  proceedings  brought pursuant to the mental hygiene law) in
supreme court in Erie, Livingston, Monroe, Rockland, Tompkins, Allegany,
Essex, NASSAU, Onondaga, Suffolk and Westchester  counties  and  in  the
counties within the city of New York, and
  S  2. This act shall take effect immediately; provided that the amend-
ment to subparagraph 1 of paragraph (B) of subdivision (b) of section  6
of chapter 367 of the laws of 1999 made by section one of this act shall
not  affect  the  repeal  of such subparagraph and shall be deemed to be
repealed therewith.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09951-01-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.