assembly Bill A8956A

Signed By Governor
2009-2010 Legislative Session

Relates to service of papers by electronic means; eliminates requirement of consent in certain instances; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this legislation?

You must fill out the form below in order to support or oppose this bill. X

You must login or fill out the fields below for the senator to have an accurate account of the support or opposition to this bill.

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.
Use this box to enter a message to your senator.

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 31, 2009 signed chap.416
delivered to governor
Aug 06, 2009 returned to assembly
passed senate
restored to third reading
Jul 16, 2009 recommitted to rules
3rd reading cal.842
substituted for s6003a
Jun 22, 2009 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.563
rules report cal.563
reported
Jun 18, 2009 amend and recommit to rules 8956a
Jun 18, 2009 reported referred to rules
Jun 16, 2009 referred to judiciary

A8956 - Details

See Senate Version of this Bill:
S6003A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2103, CPLR; amd §§6 & 10, rpld §6 sub (c), Chap 367 of 1999

A8956 - Summary

Relates to service of papers by electronic means; eliminates requirement of consent in certain instances.

A8956 - Sponsor Memo

A8956 - Bill Text download pdf

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

                                  8956

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary

AN ACT to amend the civil practice law and rules, in relation to service
  of  papers  by   electronic means; 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 facsim-
  ile transmission or electronic means to commence an action or  special
  proceeding,  in  relation  to  filing  by  electronic means; to repeal
  subdivision (c) of section 6 of such chapter relating    thereto;  and
  providing for the repeal of certain provisions upon expiration thereof

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

  Section 1. Paragraph 7 of subdivision (b) of rule 2103  of  the  civil
practice  law and rules, as added by chapter 367 of the laws of 1999, is
amended to read as follows:
  7. by transmitting the paper to the attorney by electronic means where
and in the manner authorized by the chief administrator of the courts by
rule AND, UNLESS SUCH RULE SHALL OTHERWISE  PROVIDE,  SUCH  TRANSMISSION
SHALL  BE  upon  the party's written consent. The subject matter heading
for each paper sent by electronic means must indicate  that  the  matter
being transmitted electronically is related to a court proceeding.
  S 2.  Subdivisions (a) and (b) of section 6 of 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,  subdivision  (a)  as  amended by chapter 369 of the laws of
2007 and subdivision (b) as amended by chapter 504 of the laws of  2005,
are amended to read as follows:
  (a)  Notwithstanding any other provision of law, the chief administra-
tor of the courts, with the approval of the administrative board of  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14418-01-9

A8956A (ACTIVE) - Details

See Senate Version of this Bill:
S6003A
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §2103, CPLR; amd §§6 & 10, rpld §6 sub (c), Chap 367 of 1999

A8956A (ACTIVE) - Summary

Relates to service of papers by electronic means; eliminates requirement of consent in certain instances.

A8956A (ACTIVE) - Sponsor Memo

A8956A (ACTIVE) - Bill Text download pdf

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

                                 8956--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2009
                               ___________

Introduced  by  M. of A. WEINSTEIN -- (at request of the Office of Court
  Administration) -- read once and referred to the Committee on  Judici-
  ary  --  reported  and  referred  to  the  Committee on Rules -- Rules
  Committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to the Committee on Rules

AN ACT to amend the civil practice law and rules, in relation to service
  of  papers  by   electronic means; 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 facsim-
  ile transmission or electronic means to commence an action or  special
  proceeding,  in  relation  to  filing  by  electronic means; to repeal
  subdivision (c) of section 6 of such chapter relating    thereto;  and
  providing for the repeal of certain provisions upon expiration thereof

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

  Section 1. Paragraph 7 of subdivision (b) of rule 2103  of  the  civil
practice  law and rules, as added by chapter 367 of the laws of 1999, is
amended to read as follows:
  7. by transmitting the paper to the attorney by electronic means where
and in the manner authorized by the chief administrator of the courts by
rule AND, UNLESS SUCH RULE SHALL OTHERWISE  PROVIDE,  SUCH  TRANSMISSION
SHALL  BE  upon  the party's written consent. The subject matter heading
for each paper sent by electronic means must indicate  that  the  matter
being transmitted electronically is related to a court proceeding.
  S 2.  Subdivisions (a) and (b) of section 6 of 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,  subdivision  (a)  as  amended by chapter 369 of the laws of
2007 and subdivision (b) as amended by chapter 504 of the laws of  2005,
are amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14418-02-9

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.