senate Bill S7075

Signed By Governor
2013-2014 Legislative Session

Relates to furnishing motion papers to the court

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Sponsored By

Archive: Last Bill Status Via A8972 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 22, 2014 signed chap.109
Jul 11, 2014 delivered to governor
May 19, 2014 returned to assembly
passed senate
3rd reading cal.425
substituted for s7075
May 19, 2014 substituted by a8972
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.425
Apr 23, 2014 referred to judiciary

Votes

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S7075 - Bill Details

See Assembly Version of this Bill:
A8972
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R2214, CPLR

S7075 - Bill Texts

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Provides that a party that files papers in connection with a motion need not include copies of papers that were filed previously electronically with the court, but may make reference to them.

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BILL NUMBER:S7075

TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to furnishing motion papers to the court

This is one in a series of measures being introduced at the request of
the Chief Administrative Judge upon the recommendation of her Advisory
Committee on Civil Practice.

This measure is intended to avoid the time, expense and waste of
producing papers that are already in the court's possession in an
e-filed case.

CPLR 2214(c), which deals with motion papers, currently requires each
party to "furnish to the court all court papers served by him."
However, often times a party will rely on a paper that is already
available to the court, making the filing of that paper unnecessary
and wasteful.

For instance, when a motion is addressed to a prior order, such as a
motion for reargument, renewal or vacatur, the papers that were part
of the original motion were previously filed with the court. The
question that has arisen is whether these papers need to be refiled
with the new motion.

Before e-filing, the papers on the original motion were not
necessarily immediately available to the judge hearing the new motion,
and the parties were often required to refile the papers originally
submitted to make sure the judge had a complete set. With the advent
of e-filing, such refilings are unnecessary, and are likely to become
increasingly unnecessary as e-filing is expanded and the parties and
judges become more comfortable with the e-filing system. When papers
are filed electronically, the original papers can be found on the
computer in the judge's chambers. This measure would avoid the need to
refile papers when they are not needed, while assuring that judges
will have all the papers they need to consider a motion.

The measure applies to cases that are e-filed and provides that, when
papers on a motion were previously filed electronically, a party can
meet the requirement of furnishing papers to the court by giving the
docket numbers of the previously filed papers in the e-filing system.
Thus, unnecessary duplication is avoided. Recognizing that, at this
time, not all parties and judges are comfortable with electronic
documents, the measure provides that even in an e-filed case the
parties must comply with any court rule that differs from its
provisions.

The measure responds to the decision in Biscone v. JetBlue Airways,
957 N.Y.S.2d 361 (2nd Dept. 2012), where the Second Department
affirmed a Supreme Court decision denying a motion for leave to renew
in a case where the moving party had cited, but not refiled, the
previously e-filed documents. The Court held that, even in e-filed
cases, the papers had to be resubmitted.

This measure is intended to take advantage of the attributes of
electronic documents while assuring that the court has whatever paper
copies it needs to decide a motion. Furthermore, it would avoid the


current uncertainty and clarify the paper requirements, so that
parties are able to clearly understand their responsibilities.

This measure, which would have no fiscal impact on the public
treasury, would take effect immediately.

Legislative History:

None. New Proposal.

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

                                  7075

                            I N  S E N A T E

                             April 23, 2014
                               ___________

Introduced  by Sen. BONACIC -- (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  the  civil  practice  law  and rules, in relation to
  furnishing motion papers to the court

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

  Section  1. Subdivision (c) of rule 2214 of the civil practice law and
rules is amended to read as follows:
  (c) Furnishing papers to the court. Each party shall  furnish  to  the
court  all  papers  served  by  [him] THAT PARTY. The moving party shall
furnish [at the hearing] all other papers not already in the  possession
of  the  court necessary to the consideration of the questions involved.
EXCEPT WHEN THE RULES OF THE COURT  PROVIDE  OTHERWISE,  IN  AN  E-FILED
ACTION,  A  PARTY THAT FILES PAPERS IN CONNECTION WITH A MOTION NEED NOT
INCLUDE COPIES OF PAPERS THAT WERE FILED PREVIOUSLY ELECTRONICALLY  WITH
THE  COURT, BUT MAY MAKE REFERENCE TO THEM, GIVING THE DOCKET NUMBERS ON
THE E-FILING SYSTEM. Where such papers  are  in  the  possession  of  an
adverse party, they shall be produced by [him] THAT PARTY at the hearing
on  notice  served with the motion papers. Only papers served in accord-
ance with the provisions of this rule shall be read in support of, or in
opposition to, the motion, unless the court for good cause shall  other-
wise direct.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13634-02-4

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