The New York State Senate

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

                                  9869

                          I N  A S S E M B L Y

                              May 27, 2014
                               ___________

Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
  tee on Judiciary

AN  ACT to amend the civil practice law and rules, in relation to e-fil-
  ing

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

  Section 1. The civil practice law and rules is amended by adding a new
article 99 to read as follows:

                               ARTICLE 99
                                E-FILING

SECTION 9900. DEFINITIONS.
        9901. E-FILING.
        9902. NOTICE OF E-FILING.
  S  9900.  DEFINITIONS.  FOR PURPOSES OF THIS ARTICLE, "E-FILING" SHALL
MEAN THE FILING OF LEGAL PAPERS BY ELECTRONIC MEANS.
  S 9901. E-FILING. 1. ANSWERS TO PLEADINGS, MOTIONS, AND  RESPONSES  TO
MOTIONS  MUST  BE E-FILED. ANY COUNSEL MAKING A PLEADING OR MOTION WHICH
REQUIRES OPPOSING COUNSEL TO E-FILE HIS OR HER ANSWER OR RESPONSE  SHALL
INCLUDE  A BRIEF STATEMENT STATING THAT ANY PAPERS SUBMITTED IN RESPONSE
MUST BE FILED WITH THE COURT THROUGH ELECTRONIC  MEANS.  SUCH  STATEMENT
SHALL ALSO INCLUDE THE PROPER EMAIL ADDRESS TO WHICH SUCH OPPOSING COUN-
SEL  SHALL  SUBMIT HIS OR HER PAPERS. THE INCLUSION OF AN IMPROPER EMAIL
ADDRESS OR FAILURE TO INCLUDE SUCH STATEMENT  SHALL  RENDER  ANY  PAPERS
VOID.
  2. THE FOLLOWING PAPERS MAY NOT BE E-FILED:
  A. DISCOVERY DEMANDS;
  B. RESPONSES TO ANY DISCOVERY DEMANDS;
  3. E-FILING OF ANY PAPERS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION
SHALL NOT CONSTITUTE PROPER SERVICE OR FILING OF SUCH PAPERS.

  S  9902. NOTICE OF E-FILING. A NOTICE OF E-FILING SHALL BE SERVED UPON
OPPOSING COUNSEL. SUCH NOTICE SHALL BE MADE BY MAILING  SUCH  NOTICE  BY

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

                                                           LBD14557-01-4

A. 9869                             2

FIRST CLASS MAIL TO SUCH COUNSEL AT HIS OR HER ACTUAL PLACE OF BUSINESS,
OR AT THE ADDRESS PROVIDED BY SUCH COUNSEL FOR THE PURPOSES OF RECEIVING
DOCUMENTS.  AN AFFIDAVIT OF SERVICE SHALL BE FILED WITH THE CLERK OF THE
COURT DESIGNATED IN THE NOTICE. SERVICE SHALL BE DEEMED COMPLETED TWENTY
DAYS AFTER THE FILING OF SUCH AFFIDAVIT.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall apply to any papers filed on or  after  such
effective date.