NY State Senate Bill S5833

Archive: Last Bill Status Via A8083 - Signed by Governor

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

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Actions

view actions (9)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 31, 2015	signed chap.237
Aug 28, 2015	delivered to governor
Jun 18, 2015	returned to assembly passed senate substituted for s5833
Jun 18, 2015	substituted by a8083 ordered to third reading cal.1866
Jun 09, 2015	reported and committed to rules
Jun 05, 2015	referred to judiciary

Votes

S5833 (ACTIVE) - Details

See Assembly Version of this Bill:: A8083
Law Section:: Judiciary Law
Laws Affected:: Amd §212, Judy L; add Art 21-A §§2110 - 2112, CPLR; add §11-b, Ct Claims Act; amd §10.40, add §460.90, CP L; amd §§214 & 1122, Fam Ct Act; add §2103-a, NYC Civ Ct Act; add §107, SCPA

S5833 (ACTIVE) - Summary

Relates to the use of electronic means for the commencement and filing of papers in certain actions and proceedings.

S5833 (ACTIVE) - Sponsor Memo

BILL NUMBER:S5833

TITLE OF BILL:  An act to amend the judiciary law, the civil practice
law and rules, the court of claims act, the criminal procedure law,
the family court act, the New York city civil court act and the
surrogate's court procedure act, in relation to use of electronic
means for the commencement and filing of papers in certain actions and
proceedings; and providing for the repeal of certain provisions upon
expiration thereof

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

As far back as 1999, the State began to introduce pilot programs in
the use of electronic means for the purpose of commencing certain
categories of cases and filing court papers with judges and with
adverse parties ("e-filing"). See L. 1999, c. 367. In the years since,
those programs have been continued and progressively expanded - to
apply to a broader spectrum of cases in additional courts. As has been
well-documented in numerous analyses and reports prepared over the
years to assess the effectiveness of e-filing in New York's State
courts, the pilot programs have been very successful and greeted with
great enthusiasm by both bench and bar.

Authorization for use of several vital components of the State's
e-filing programs -mandatory e-filing under certain circumstances in

civil cases and both consensual and mandatory e-filing in criminal
courts and in Family Court - is due to expire on September 1, 2015.
This measure would eliminate this sunset and make several other
important changes in the e-filing programs. Specifically, this measure
would:

* Make permanent present authorization for the use of mandatory
e-filing in Supreme Court civil parts. By all measures, e-filing in
this State has been an enormous success. To date, there have been more
than 820,000 cases e-filed in New York's courts By year's end, we
project that this number will grow to exceed one million cases. More
than 58,000 attorneys and others have become registered users of the
State's electronic filing system (NYSCEF) None of this can come as a
surprise. E-filing.

- benefits all sectors of the bar, particularly solo and small-firm
practitioners who lack the resources of large law firms and attorneys
in rural counties who must travel long distances to reach a
courthouse.

- saves the bar the time and expense of serving other parties (i.e ,
the e-filing system serves other parties automatically and
instantaneously, providing immediate access to the filed documents).

- reduces costs and enhances efficiency for the bench, County Clerks
and local governments.

- is green, reducing the number of trips attorneys must make to the
courthouse to file papers and the amount of paper required in
litigation.


- has proven immensely successful in Federal courts and in other state
courts.

To best capitalize upon these benefits, we believe it appropriate and
necessary - after more than fifteen years of success with e-filing in
New York - to put greater reliance upon mandatory e-filing. It has
been our experience that, whether because of habit or simple inertia,
consensual e-filing programs have trouble drawing participation. It is
for this reason that, six years ago, the Legislature began to
authorize mandatory e-filing programs. At this point, these programs,
which are operative in many of the State's largest jurisdictions, are
working well and ripe for expansion.

* Vest the Chief Administrative Judge with authority, provided the
local County Clerk agrees, to implement mandatory e-filing in a county
and in most classes of cases{1}. Present law recites the 16 specific
counties in which mandatory e-filing may be authorized As we have
discovered, however, this arrangement is actually counterproductive to
effective roll-out of e-filing, as counties do not become ready for
e-filing in easily-predictable fashion. Some of the 16 statutory
counties will not be ready for e-filing for years; other counties, not
now in the statute, can be ready soon -- but must wait to be added by
the Legislature. This has hobbled, in some measure, the State's
efforts to gain experience with e-filing Giving the Chief
Administrative Judge the authority to delineate where mandatory
e-filing can go forward should counter this by adding essential
flexibility to the process. Moreover, to concerns that such a change
would confer too much authority on the Chief Administrative Judge, it
can be said that: (1) the 16 counties in which mandatory e-filing may
now be authorized include most of the State's largest, most populous
venues so that such additional counties as the Chief Administrative
Judge might add have smaller populations and are not likely to host a
great volume of litigation; (2) no expansion of mandatory e-filing may
be undertaken without the approval of affected local County Clerks;
(3) members of the bar will continue to enjoy their present ability to
opt out of mandatory e-filing; and (4) self-represented litigants will
automatically be exempt from mandatory e-filing (but able to opt in to
such e-filing should they wish to do so).

* Continue present authorization for the use of e-filing, both
consensual and mandatory, in criminal superior courts and Family
Court. While we have as yet to exploit this authorization, it is only
because of a want of resources. Sooner or later, we will be able to do
this and, given the tremendous success e-filing has enjoyed in civil
cases, there is little reason to doubt that it will be similarly
successful in criminal court and in Family Court.

* Continue permanently, without change, programs of consensual and
mandatory e-filing in Surrogate's Court and the New York City Civil
Court; and programs for consensual e-filing (and filing by FAX) in the
Court of Claims Bench and bar continue to register their support for
the breadth and pace of e-filing's roll-out in these courts.

* Authorize use of e-filing in the Appellate Divisions at the
discretion of each Judicial Department subject only to the same case
exclusions for mandatory e-filing as are applied in the trial courts,
and an aspirational invitation to make any implementing rules uniform.


All four Departments are anxious to see e-filing used in the cases
before them, and they strongly support this initiative.

* Relocate statutes governing e-filing from the State's Unconsolidated
Laws to appropriate provisions of the Consolidated Laws.
Unconsolidated statutes, where e-filing authority now reposes, can be
very difficult to find It is far more sensible to place that authority
in more accessible and more familiar Consolidated Laws like the
Judiciary Law, CPLR, CPL, etc.

This measure, which would have no meaningful fiscal impact, would take
effect immediately, except that authorization for e-filing in criminal
and Family Court cases would sunset on September 1, 2019.

              Tributes to E-filing in New York's Courts

"It is time to end the 'experiment,' fully embrace modern technology,
and by statute make e-filing a permanent part of New York practice "

--- Hon. Jonathan Lippman Chief Judge of the State of New York

"E-filing should be mandatory in all proceedings in all courts. Its
use makes service and filing of papers far easier and less expensive
for practicing lawyers as well as for the court system . Adoption of
e-filing is an effective use of a now well-established technological
tool that benefits everyone"

--- New York State Bar Association

"The overwhelming response by NYSTLA members . has been positive.
E-filing has facilitated the efficient representation of clients, and
brought the practice of law into the twenty-first century . . .
NYSTLA is strongly in favor of further expanding the e-filing
program."

--- New York State Trial Lawyers Association

"The decision to go to mandatory e-filing was one of the best
decisions ever made for this Clerk's office. I look forward to adding
more case types to our mandatory e-filing requirement in the future
and see more counties make the move to court filing thru NYSCEF "

--- Hon Malcolm Merrill Deputy County Clerk, Onondaga County

"The implementation of electronic filing in Westchester County has
been a tremendous success.Electronic filing has transformed the way we
do business . .  The customer eliminates the time and costs associated
with getting paper filings to our office, as well as the risk that
these paper filings could be misrouted along the way. There is no
doubt this is both efficient and cost-effective for our customers we
believe strongly the NYSCEF has a bright future and we want nothing
more than to be the county where e-.filing is comprehensive and
embraced by our customers and partners in the courts "

--- Hon. Timothy C. Idoni Westchester County Clerk


"The benefits of e-filing have been significant . . Electronic filing
has certainly been a positive change to our operations E-filing has
been successfully integrated, well-accepted and beneficial to all
involved,"

--- Hon. Paul Piperato Rockland County Clerk

"Overall, I am pleased that we were one of the first counties to
participate voluntarily in e-filing and one of the first mandatory
counties and I believe that the users in the Erie County Clerk's
Office feel very positive about the system ."

--- Hon. Christopher L. Jacobs Erie County Clerk

"The feedback we received overwhelmingly supports expansion of NYSCEF,
not only to more counties statewide, but also to the Appellate
Divisions, and the Court of Appeals. In addition to supporting
expansion of the e-filing system, the comments indicate support for a
uniform filing system, with the various Courts being limited in the
amount of customization so the system is consistent state wide."

--- Managing Attorneys and Clerks Association

"Overall, the move towards electronic filing has been positive and we
look forward to expanding the breadth of cases which must be filed in
this manner "

--- Hon Judith A. Pascale Suffolk County Clerk

"There has been extremely positive feedback, which is indicative of
the unquestionable support this initiative has enjoyed . Nassau County
looks to add additional case types in the near future . . ."

--- Hon. Maureen O'Connell Nassau County Clerk

"The NYSCEF system . . promotes transparency, accountability and
confidence in the court system as litigants, attorneys, parties,
judges, court staff and the public, have equal simultaneous and
contemporaneous access to all filed documents, unless of course, a
court order or law restricts access to a court file or a particular
document "

--- Hon. Nancy T. Sunshine Kings County Clerk

"Under current law, a County may implement e-filing on a voluntary
basis with the consent of the Clerk and the courts. Mandatory
e-filing, however, requires an act of the state legislature. While
this requirement was understandable when e-filing was a pilot program,
NYSCEF has matured to the point that expansion to a mandatory program
should be at the discretion of the courts and the clerk jointly."

"While there are significant monetary savings to the office of the
county clerk . perhaps the greatest benefits accrue to the public and
the litigants."

--- Hon. Bradford H. Kendall Dutchess County Clerk


"The Niagara County Clerk's office has served as a partner with the
New York State Office of Court Administration since the passage of the
original e-filing enabling legislation. We are very pleased to have
been on the forefront of this major project, and look forward to
moving toward a mandatory program in the future "

--- Hon. Wayne F. Jagow Niagara County Clerk

"There is a constant collaboration of efforts between our county and
the e-filing resource center to continuously enhance the system.
NYSCEF staff is always willing to address any concerns and provide
improvements to the system. We look forward to continue working with
NYSCEF to expand mandatory electronic filings in all cases types in
Queens County."

--- Hon. Audrey I. Pfeffer Queens County Clerk

"E-filing has saved my office a tremendous amount of time and we
continue to strongly encourage our local attorneys to take the logical
step to e-filing."

--- Hon. Elizabeth Larkin Cortland County Clerk "Electronic filing
creates costs savings as attorneys can access these files remotely,
the cost savings accorded to law firms is immeasurable They no longer
have to send someone to the office for routine matters such as,
checking on an order or printing out a simple copy."

--- Hon. Stephen J. Fiala Richmond County Clerk

                   History of E-Filing in New York

The following will summarize the evolution of e-filing in New York.

L. 1999, c. 367

The State's introduction to e-filing. This measure authorized use of
consensual e-filing in Supreme Court in one county in New York City
and in one county outside the City, to be selected by the Chief
Administrative Judge with the approval of the Administrative Board of
the Courts. Under chapter 367, e-filing would be available for the
filing of papers in commercial and tax certiorari cases in Supreme
Court to commence a case and, as well, for the exchange of legal
papers between counsel for the parties in such cases where all have
consented to such exchange. Chapter 367 was scheduled to sunset on
July 1, 2002, approximately three years after its enactment. In the
wake of its enactment, consensual e-filing was authorized for
commercial cases in the Commercial Divisions of Supreme Court in
Monroe and New York Counties; and for tax certiorari cases in Supreme
Court in Westchester County.

L. 2002, c. 110

This measure continued the e-filing programs established by chapter
367 for another year i e , until July 1, 2003. Also, to enable greater
experience with e-filing under the programs, the measure expanded the
number of venues in which consensual e-filing could be authorized to
include commercial claims in the Commercial Divisions of Supreme Court


in Albany, Monroe, Nassau, New York, Suffolk and Westchester Counties;
and tax certiorari cases in Supreme Court in Monroe, New York, Suffolk
and Westchester Counties, Finally, the measure authorized -- for the
first time - use of consensual e-filing in the Court of Claims.

L. 2003, c. 261

This measure continued the e-filing programs established by chapter
367 and modified by chapter 110 for another 26 months - until
September 1, 2005.

L. 2004, c. 384

Responding to community requests, this measure expanded the number of
venues and classes of cases in which consensual e-filing could be
authorized to include commercial claims and tort cases in Supreme
Court in Albany, Bronx, Kings, Monroe, Nassau, New York, Queens,
Richmond, Suffolk and Westchester Counties; commercial claims in
Supreme Court in Erie County; tax certiorari cases in Supreme Court in
Bronx, Kings, Monroe, New York, Queens, Richmond, Suffolk and
Westchester Counties; and cases in Surrogate's Court in Erie County.

L. 2005 c. 504

This measure continued the e-filing programs established by chapter
367 and subsequently modified for another four years - until September
1, 2009. Again recognizing growing community enthusiasm for e-filing
in the courts, this measure further expanded the number of venues and
classes of cases in which consensual e-filing could be authorized to
include commercial claims, tax certiorari and tort cases in Supreme
Court in Albany, Broome, Bronx, Erie, Essex, Kings, Monroe, Nassau,
New York, Niagara, Onondaga, Queens, Richmond, Suffolk, Sullivan and
Westchester Counties; and all classes of cases in Supreme Court in
Broome County. At the same time, it continued authority for e-filing
in cases in Surrogate's Court in Erie County.

L. 2007, c. 369

This measure further expanded the number of venues in which consensual
e-filing could be authorized in commercial claims, tax certiorari and
tort cases in Supreme Court to include Livingston County, along with
Albany, Broome, Bronx, Erie, Essex, Kings, Monroe, Nassau, New York,
Niagara, Onondaga, Queens, Richmond, Suffolk, Sullivan and Westchester
Counties (and all classes of cases in Supreme Court in Broome County)
At the same time, it continued authority for e-filing in cases in
Surrogate's Court in Erie County and added comparable authority for
e-filing in cases in Surrogate's Court in Chautauqua, Monroe, Queens
and Suffolk Counties. Finally, it added authority for consensual
e-filing in the New York City Civil Court in claims brought by a
provider of health services specified in section 502(a)(1) of the
Insurance Law against an insurer for failure to comply with Insurance
Department rules promulgated pursuant to section 5108(b) of the
Insurance Law.

L. 2008, c. 95


This measure authorized the Chief Administrative Judge to permit
consensual e-filing in all classes of cases in Supreme Court in Erie
County, along with Broome County.

L. 2009, c. 416

Marking the tenth anniversary of New York's experience with consensual
e-filing programs, this measure made the authority to permit such
programs permanent; and expanded that authority so that it could be
used to permit e-filing in in any class of cases in Supreme Court in
any county, in Surrogate's Court in any county, in the Court of Claims
statewide and in the New York City Civil Court. The measure also, for
the first time, enabled the establishment of mandatory e-filing
programs, albeit limited to certain categories of commercial claims in
New York County, tort cases in Westchester County and one or more
classes of cases (excluding matrimonials, Article 78 proceedings,
proceedings under the Mental Hygiene Law and Election Law proceedings)
in one other county outside New York selected by the Chief
Administrative Judge. This authority for mandatory e-filing was made
subject to a three-year sunset (September 1, 2012).

L. 2010, c. 528

This measure built upon the changes instituted by chapter 416 of the
Laws of the preceding year, especially as they applied to the
newly-authorized deployment of mandatory e-filing in civil parts of
Supreme Court. Specifically, the measure authorized the Chief
Administrative Judge to permit mandatory e-filing in the same
categories of commercial claims in Westchester County as it had
authorized for such claims in New York County; and replaced authority
for the Chief Administrative Judge to permit unrestricted (but for the
exceptions created under chapter 416) mandatory e-filing in a single
county outside New York with authority to permit such e-filing in the
following four counties: Livingston, Monroe, Rockland and Tompkins.
The measure also added the requirement that each local county clerk
okay institution of mandatory e-filing in his or her county before it
can go forth. Finally, the measure imposed a continuing and more
detailed annual reporting requirement for the Chief Administrative
Judge relating to the operation of e-filing programs.

L. 2011, c. 543

This measure expanded the breadth of mandatory e-filing programs in
civil parts of Supreme Court. Specifically, it authorized their
establishment in Supreme Courts in New York City in commercial claims
without regard to the amount in controversy; and in a broader array of
counties that had been authorized by chapter 528 of the Laws of 2010
(adding Allegany, Essex and Onondaga, and permitting mandatory
e-filing in all classes of cases (excluding matrimonials, Article 78
proceedings, proceedings under the Mental Hygiene Law and Election Law
proceedings) in Westchester). The measure also permitted the Chief
Administrative Judge to authorize mandatory e-filing in Surrogate's
Court in any county, and in the New York City Civil Court in claims
brought by a provider of health services specified in section
502(a)(1) of the Insurance Law against an insurer for failure to
comply with Insurance Department rules promulgated pursuant to section
5108(b) of the Insurance Law. Finally, the measure created additional


advisory committees to assist the Chief Administrative Judge in her
responsibility to provide the Legislature with continuing evaluations
of the State's e-filing programs and to help plan for institution of
e-filing in criminal courts and Family Court.

L. 2012, c. 184

This measure further expanded the breadth of mandatory e-filing
programs in civil parts of Supreme Court. Specifically, it again added
to the array of counties that had been authorized by chapter 528 of
the Laws of 2010 (and modified by chapter 543 of the Laws of 2011),
this time including Erie and Suffolk Counties. At the same time, it
authorized the Chief Administrative Judge to extend mandatory e-filing
to any class of cases (with the same exclusions applicable to
mandatory e-filing in upstate counties) in Supreme Court in the
counties of New York City. Lastly, the measure authorized the Chief
Administrative Judge to institute consensual

(and, under limited circumstances, mandatory) e-filing in criminal
superior courts and in Family Court

L. 2013, c. 113

This measure once again expanded the breadth of mandatory e-filing
programs in civil parts of Supreme Court, adding Nassau County to the
array of counties that had been authorized by chapter 528 of the Laws
of 2010 (and modified by chapter 543 of the Laws of 2011 and chapter
184 of the Laws of 2012).

{1} Excluded are: matrimonial actions, Election Law proceedings, CPLR
Article 70 and 78 proceedings and Mental Hygiene Law proceedings.
Also excluded are residential foreclosure actions and consumer credit
proceedings to the extent of papers filed therein after the
commencement papers have been filed (viz., e-filing may be required
for the summons and complaint but not for any later papers in these
cases), except that, for two years following the effective date of
this measure, counties in which there already is mandatory e-filing of
all papers in these cases may continue to observe that practice

S5833 (ACTIVE) - Bill Text download pdf

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

                                  5833

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 5, 2015
                               ___________

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 judiciary law, the civil practice law and rules, the
  court of claims act, the criminal procedure law, the family court act,
  the  New York city civil court act and the surrogate's court procedure
  act, in relation to use of electronic means for the  commencement  and
  filing of papers in certain actions and proceedings; 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. Subdivision 2 of  section  212  of  the  judiciary  law  is
amended by adding a new paragraph (t) to read as follows:
  (T)  (I)  (A)  NOT  LATER  THAN APRIL FIRST IN EACH CALENDAR YEAR, THE
CHIEF ADMINISTRATOR OF THE COURTS SHALL SUBMIT TO THE  LEGISLATURE,  THE
GOVERNOR  AND  THE  CHIEF  JUDGE  OF  THE  STATE A REPORT EVALUATING THE
STATE'S EXPERIENCE WITH PROGRAMS IN THE USE OF ELECTRONIC MEANS FOR  THE
COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE OF PAPERS THERE-
IN  AS AUTHORIZED BY LAW AND CONTAINING SUCH RECOMMENDATIONS FOR FURTHER
LEGISLATION AS HE OR SHE SHALL DEEM APPROPRIATE.  IN THE PREPARATION  OF
SUCH  REPORT,  THE  CHIEF  ADMINISTRATOR  SHALL CONSULT WITH EACH COUNTY
CLERK IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN CIVIL  CASES  IN
THE  SUPREME  COURT,  THE  ADVISORY  COMMITTEES  ESTABLISHED PURSUANT TO
SUBPARAGRAPHS (II) THROUGH (VI) OF THIS  PARAGRAPH,  THE  ORGANIZED  BAR
INCLUDING BUT NOT LIMITED TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCI-
ATIONS;  THE  OFFICE  OF  INDIGENT  LEGAL  SERVICES; INSTITUTIONAL LEGAL
SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; PUBLIC DEFEN-
DERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B  OF  THE  COUNTY
LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE
OR  HAVE BEEN AFFECTED BY ANY PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO
MAY BE AFFECTED BY THE PROPOSED RECOMMENDATIONS FOR FURTHER LEGISLATION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07846-04-5

S. 5833                             2

REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS; AND ANY OTHER  PERSONS
IN  WHOSE  COUNTY  A  PROGRAM  HAS BEEN IMPLEMENTED IN ANY OF THE COURTS
THEREIN AS DEEMED TO BE APPROPRIATE  BY  THE  CHIEF  ADMINISTRATOR,  AND
AFFORD  THEM  AN  OPPORTUNITY  TO  SUBMIT  COMMENTS WITH RESPECT TO SUCH
IMPLEMENTATION  FOR  INCLUSION  IN  THE  REPORT  AND  ADDRESS  ANY  SUCH
COMMENTS.
  PUBLIC  COMMENTS  SHALL  ALSO BE SOUGHT VIA A PROMINENT POSTING ON THE
WEBSITE OF THE OFFICE OF COURT  ADMINISTRATION.  ALL  COMMENTS  RECEIVED
FROM ANY SOURCE SHALL BE POSTED FOR PUBLIC REVIEW ON THE SAME WEBSITE.
  (B)  THE  REPORT  SUBMITTED  HEREUNDER  IN  THE TWO THOUSAND SEVENTEEN
CALENDAR YEAR SHALL INCLUDE:
  (I) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (VI) OF  THIS  PARAGRAPH,
INCLUDING  THE  ENTITIES  OR  INDIVIDUALS CONSULTED, INPUT RECEIVED, ALL
ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION  OF  THE  CHIEF
ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE
ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED
TO  ANY  ISSUES  RELATING  TO  THE USE OF ELECTRONIC MEANS FOR FILING BY
UNREPRESENTED LITIGANTS, ANY RECOMMENDATIONS OF THE  ADVISORY  COMMITTEE
TO  THE  CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION
IN RELATION TO THE USE OF ELECTRONIC MEANS FOR THE ORIGINATION OF  JUVE-
NILE DELINQUENCY PROCEEDINGS UNDER ARTICLE THREE OF THE FAMILY COURT ACT
AND  ABUSE  OR NEGLECT PROCEEDINGS PURSUANT TO ARTICLE TEN OF THE FAMILY
COURT ACT IN FAMILY COURT AND THE FILING AND SERVICE OF PAPERS  IN  SUCH
PENDING PROCEEDINGS.
  (II)  THE  EVALUATION SPECIFIED IN SUBPARAGRAPH (V) OF THIS PARAGRAPH,
INCLUDING THE ENTITIES OR INDIVIDUALS CONSULTED, THE INPUT RECEIVED, ALL
ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION  OF  THE  CHIEF
ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE
ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED
TO  ANY  ISSUES  RELATING  TO  THE USE OF ELECTRONIC MEANS FOR FILING BY
UNREPRESENTED LITIGANTS, RECOMMENDATIONS OF THE  ADVISORY  COMMITTEE  TO
THE  CHIEF  ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION IN
RELATION TO THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL
ACTIONS AND THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS
AND PROCEEDINGS.
  (III) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (II) OF THIS PARAGRAPH,
INCLUDING THE ENTITIES OR INDIVIDUALS  CONSULTED,  INPUT  RECEIVED,  ALL
ISSUES  ENCOUNTERED  OR  OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF
ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE
ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED
TO ANY ISSUES RELATING TO THE USE OF  ELECTRONIC  MEANS  FOR  FILING  BY
UNREPRESENTED  LITIGANTS,  ANY RECOMMENDATIONS OF THE ADVISORY COMMITTEE
TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS  FOR  LEGISLATION
IN  RELATION  TO  THE  USE  OF  ELECTRONIC MEANS FOR THE COMMENCEMENT OF
ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN  IN
THE SUPREME COURT.
  (IV) THE EVALUATION SPECIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH,
INCLUDING  THE  ENTITIES  OR  INDIVIDUALS CONSULTED, INPUT RECEIVED, ALL
ISSUES ENCOUNTERED OR OTHERWISE BROUGHT TO THE ATTENTION  OF  THE  CHIEF
ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE
ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED
TO  ANY  ISSUES  RELATING  TO  THE USE OF ELECTRONIC MEANS FOR FILING BY
UNREPRESENTED LITIGANTS, ANY RECOMMENDATIONS OF THE  ADVISORY  COMMITTEE
TO  THE  CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS FOR LEGISLATION
IN RELATION TO THE USE OF  ELECTRONIC  MEANS  FOR  THE  COMMENCEMENT  OF

S. 5833                             3

ACTIONS  AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN IN
THE SURROGATE'S COURT.
  (V)  THE  EVALUATION SPECIFIED IN SUBPARAGRAPH (IV) OF THIS PARAGRAPH,
INCLUDING THE ENTITIES OR INDIVIDUALS  CONSULTED,  INPUT  RECEIVED,  ALL
ISSUES  ENCOUNTERED  OR  OTHERWISE BROUGHT TO THE ATTENTION OF THE CHIEF
ADMINISTRATOR OR HIS OR HER AGENTS, ALL SOLUTIONS DEVISED TO ADDRESS THE
ISSUES, PRESENTMENT OF ALL OUTSTANDING ISSUES, INCLUDING BUT NOT LIMITED
TO ANY ISSUES RELATING TO THE USE OF  ELECTRONIC  MEANS  FOR  FILING  BY
UNREPRESENTED  LITIGANTS,  ANY RECOMMENDATIONS OF THE ADVISORY COMMITTEE
TO THE CHIEF ADMINISTRATOR, ALONG WITH RECOMMENDATIONS  FOR  LEGISLATION
IN  RELATION  TO  THE  USE  OF  ELECTRONIC MEANS FOR THE COMMENCEMENT OF
ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN  IN
THE CIVIL COURT OF THE CITY OF NEW YORK.
  IN  THE REPORT, THE CHIEF ADMINISTRATOR ALSO SHALL ADDRESS ISSUES THAT
BEAR UPON THE NEED FOR THE COURTS,  DISTRICT  ATTORNEYS  AND  OTHERS  TO
RETAIN  PAPERS  FILED  WITH  COURTS  OR  SERVED UPON PARTIES IN CRIMINAL
PROCEEDINGS WHERE ELECTRONIC MEANS CAN OR HAVE BEEN USED AND MAKE RECOM-
MENDATIONS FOR SUCH CHANGES IN LAWS REQUIRING RETENTION OF  SUCH  PAPERS
AS THE CHIEF ADMINISTRATOR MAY DEEM APPROPRIATE.
  (II)  THE  CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO
CONSULT WITH HIM OR HER IN THE  IMPLEMENTATION  OF  LAWS  AFFECTING  THE
PROGRAM  IN  THE  USE  OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CIVIL
ACTIONS AND PROCEEDINGS AND THE SERVICE AND FILING OF PAPERS THEREIN  IN
THE  SUPREME  COURT.  THIS  COMMITTEE  SHALL  CONSIST  OF SUCH NUMBER OF
MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE,  AMONG  WHICH  THERE
SHALL  BE REPRESENTATIVES OF THE ORGANIZED BAR INCLUDING BUT NOT LIMITED
TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL LEGAL
SERVICE PROVIDERS; NOT-FOR-PROFIT  LEGAL  SERVICE  PROVIDERS;  ATTORNEYS
ASSIGNED  PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED
ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS  THAT  ARE  OR  HAVE  BEEN
AFFECTED  BY  THE  PROGRAMS  THAT  HAVE  BEEN  IMPLEMENTED OR WHO MAY BE
AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGISLATION  CONCERNING  THE
USE  OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF ACTIONS AND PROCEEDINGS
AND THE SERVICE AND FILING OF PAPERS THEREIN IN THE SUPREME  COURT;  AND
ANY  OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY
OF THE COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY THE CHIEF  ADMINIS-
TRATOR.  NO  FEWER  THAN  HALF OF THE MEMBERS OF THIS ADVISORY COMMITTEE
SHALL BE UPON THE RECOMMENDATION OF THE NEW YORK  STATE  ASSOCIATION  OF
COUNTY  CLERKS.  SUCH  COMMITTEE  SHALL  HELP THE CHIEF ADMINISTRATOR TO
EVALUATE THE IMPACT OF  SUCH  ELECTRONIC  FILING  PROGRAM  ON  LITIGANTS
INCLUDING  UNREPRESENTED  PARTIES,  PRACTITIONERS  AND THE COURTS AND TO
OBTAIN INPUT FROM THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH  ELECTRONIC
FILING PROGRAM, INCLUDING UNREPRESENTED PARTIES, CITY, STATE, COUNTY AND
WOMEN'S   BAR   ASSOCIATIONS;  INSTITUTIONAL  LEGAL  SERVICE  PROVIDERS;
NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS; ATTORNEYS ASSIGNED  PURSUANT  TO
ARTICLE  EIGHTEEN-B  OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS WHO REGU-
LARLY APPEAR IN PROCEEDINGS THAT  ARE  OR  HAVE  BEEN  AFFECTED  BY  THE
PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOM-
MENDATIONS  FOR FURTHER LEGISLATION CONCERNING THE USE OF THE ELECTRONIC
FILING PROGRAM IN THE SUPREME COURT; AND  ANY  OTHER  PERSONS  IN  WHOSE
COUNTY  A  PROGRAM  HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN AS
DEEMED TO BE APPROPRIATE BY THE CHIEF ADMINISTRATOR.
  (III) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE  TO
CONSULT  WITH  HIM  OR  HER  IN THE IMPLEMENTATION OF LAWS AFFECTING THE
PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT  OF  ACTIONS
AND  PROCEEDINGS  AND  THE  SERVICE  AND FILING OF PAPERS THEREIN IN THE

S. 5833                             4

SURROGATE'S COURT. THIS  COMMITTEE  SHALL  CONSIST  OF  SUCH  NUMBER  OF
MEMBERS  AS  THE  CHIEF  ADMINISTRATOR SHALL DESIGNATE AMONG WHICH THERE
SHALL BE CHIEF CLERKS OF  SURROGATE'S  COURTS;  REPRESENTATIVES  OF  THE
ORGANIZED  BAR  INCLUDING  BUT  NOT  LIMITED  TO CITY, STATE, COUNTY AND
WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL  PROVIDERS  OF  LEGAL  SERVICES;
NOT-FOR-PROFIT  LEGAL  SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO
ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS  WHO  REGU-
LARLY  APPEAR  IN  PROCEEDINGS  THAT  ARE  OR  HAVE BEEN AFFECTED BY THE
PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY ANY RECOM-
MENDATIONS FOR FURTHER LEGISLATION  CONCERNING  THE  USE  OF  ELECTRONIC
MEANS  FOR  THE  COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE
AND FILING OF PAPERS THEREIN IN THE SURROGATE'S  COURT;  AND  ANY  OTHER
PERSONS  IN  WHOSE  COUNTY  A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE
COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY THE  CHIEF  ADMINISTRATOR.
SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT
OF  SUCH  ELECTRONIC FILING PROGRAM ON LITIGANTS INCLUDING UNREPRESENTED
PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO
ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC  FILING  PROGRAM,  INCLUDING
UNREPRESENTED PARTIES, CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS;
INSTITUTIONAL  LEGAL  SERVICE  PROVIDERS;  NOT-FOR-PROFIT  LEGAL SERVICE
PROVIDERS; ATTORNEYS ASSIGNED PURSUANT  TO  ARTICLE  EIGHTEEN-B  OF  THE
COUNTY  LAW;  UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS
THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS  THAT  HAVE  BEEN  IMPLE-
MENTED  OR WHO MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGIS-
LATION CONCERNING THE USE OF THE ELECTRONIC FILING PROGRAM IN THE SURRO-
GATE'S COURT; AND ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM  HAS  BEEN
IMPLEMENTED  IN ANY OF THE COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY
THE CHIEF ADMINISTRATOR.
  (IV) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY  COMMITTEE  TO
CONSULT  WITH  HIM  OR  HER  IN THE IMPLEMENTATION OF LAWS AFFECTING THE
PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT  OF  ACTIONS
AND  PROCEEDINGS  AND  THE  SERVICE  AND FILING OF PAPERS THEREIN IN THE
CIVIL COURT OF THE CITY OF NEW YORK. THIS  COMMITTEE  SHALL  CONSIST  OF
SUCH NUMBER OF MEMBERS AS THE CHIEF ADMINISTRATOR SHALL DESIGNATE, AMONG
WHICH  THERE  SHALL BE THE CHIEF CLERK OF THE CIVIL COURT OF THE CITY OF
NEW YORK; REPRESENTATIVES OF THE ORGANIZED BAR INCLUDING BUT NOT LIMITED
TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; ATTORNEYS WHO REGU-
LARLY APPEAR IN ACTIONS SPECIFIED IN SUBPARAGRAPH (C) OF  PARAGRAPH  TWO
OF  SUBDIVISION  (B)  OF  SECTION TWENTY-ONE HUNDRED ELEVEN OF THE CIVIL
PRACTICE LAW AND RULES; AND UNAFFILIATED ATTORNEYS WHO REGULARLY  APPEAR
IN  PROCEEDINGS THAT ARE OR HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE
BEEN IMPLEMENTED OR WHO MAY  BE  AFFECTED  BY  ANY  RECOMMENDATIONS  FOR
FURTHER  LEGISLATION  CONCERNING  THE  USE  OF  ELECTRONIC MEANS FOR THE
COMMENCEMENT OF ACTIONS AND PROCEEDINGS AND THE SERVICE  AND  FILING  OF
PAPERS THEREIN IN THE CIVIL COURT OF THE CITY OF NEW YORK; AND ANY OTHER
PERSONS AS DEEMED APPROPRIATE BY THE CHIEF ADMINISTRATOR. SUCH COMMITTEE
SHALL  HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT OF SUCH ELEC-
TRONIC FILING PROGRAM  ON  LITIGANTS  INCLUDING  UNREPRESENTED  PARTIES,
PRACTITIONERS  AND  THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO ARE OR
WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING  UNREPRE-
SENTED PARTIES, CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; INSTI-
TUTIONAL  LEGAL  SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVID-
ERS; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE  EIGHTEEN-B  OF  THE  COUNTY
LAW; UNAFFILIATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE
OR  HAVE BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO
MAY BE AFFECTED BY ANY RECOMMENDATIONS FOR FURTHER LEGISLATION  CONCERN-

S. 5833                             5

ING  THE  USE OF THE ELECTRONIC FILING PROGRAM IN THE CIVIL COURT OF THE
CITY OF NEW YORK; AND ANY OTHER PERSONS IN WHOSE COUNTY  A  PROGRAM  HAS
BEEN  IMPLEMENTED IN ANY OF THE COURTS THEREIN AS DEEMED TO BE APPROPRI-
ATE BY THE CHIEF ADMINISTRATOR.
  (V)  THE  CHIEF  ADMINISTRATOR SHALL MAINTAIN AN ADVISORY COMMITTEE TO
CONSULT WITH HIM OR HER IN THE  IMPLEMENTATION  OF  LAWS  AFFECTING  THE
PROGRAM  IN THE USE OF ELECTRONIC MEANS FOR THE COMMENCEMENT OF CRIMINAL
ACTIONS AND THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS
AND PROCEEDINGS, AS FIRST AUTHORIZED BY PARAGRAPH ONE OF SUBDIVISION (C)
OF SECTION SIX OF CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO  THOU-
SAND  NINE, AS AMENDED BY CHAPTER ONE HUNDRED EIGHTY-FOUR OF THE LAWS OF
TWO THOUSAND TWELVE, IS CONTINUED.  THE COMMITTEE SHALL CONSIST OF  SUCH
NUMBER OF MEMBERS AS WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT
FROM  THOSE  WHO  ARE  OR  WOULD  BE  AFFECTED BY SUCH ELECTRONIC FILING
PROGRAM, AND SUCH MEMBERS SHALL INCLUDE COUNTY CLERKS; CHIEF  CLERKS  OF
SUPREME, COUNTY AND OTHER COURTS; DISTRICT ATTORNEYS; REPRESENTATIVES OF
THE  OFFICE  OF  INDIGENT  LEGAL  SERVICES; NOT-FOR-PROFIT LEGAL SERVICE
PROVIDERS; PUBLIC DEFENDERS; STATEWIDE AND LOCAL SPECIALTY  BAR  ASSOCI-
ATIONS  WHOSE MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR PRACTICE
TO ASSIGNED CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF SUBDIVISION THREE OF SECTION SEVEN HUNDRED TWENTY-TWO OF  THE  COUNTY
LAW;  INSTITUTIONAL  PROVIDERS  OF  CRIMINAL  DEFENSE SERVICES AND OTHER
MEMBERS OF THE CRIMINAL DEFENSE BAR; REPRESENTATIVES OF VICTIMS'  RIGHTS
ORGANIZATIONS;   UNAFFILIATED   ATTORNEYS   WHO   REGULARLY   APPEAR  IN
PROCEEDINGS THAT ARE OR WOULD BE  AFFECTED  BY  SUCH  ELECTRONIC  FILING
PROGRAM  AND OTHER INTERESTED MEMBERS OF THE CRIMINAL JUSTICE COMMUNITY.
SUCH COMMITTEE SHALL HELP THE CHIEF ADMINISTRATOR TO EVALUATE THE IMPACT
OF SUCH ELECTRONIC FILING PROGRAM ON LITIGANTS  INCLUDING  UNREPRESENTED
PARTIES, PRACTITIONERS AND THE COURTS AND TO OBTAIN INPUT FROM THOSE WHO
ARE  OR  WOULD  BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM, INCLUDING
UNREPRESENTED PARTIES, DISTRICT ATTORNEYS, NOT-FOR-PROFIT LEGAL  SERVICE
PROVIDERS,  PUBLIC  DEFENDERS, STATEWIDE AND LOCAL SPECIALTY BAR ASSOCI-
ATIONS WHOSE MEMBERSHIP DEVOTES A SIGNIFICANT PORTION OF THEIR  PRACTICE
TO ASSIGNED CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF  SUBDIVISION  THREE OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY
LAW; INSTITUTIONAL PROVIDERS OF  CRIMINAL  DEFENSE  SERVICES  AND  OTHER
MEMBERS  OF THE CRIMINAL DEFENSE BAR, REPRESENTATIVES OF VICTIMS' RIGHTS
ORGANIZATIONS,  UNAFFILIATED   ATTORNEYS   WHO   REGULARLY   APPEAR   IN
PROCEEDINGS  THAT  ARE  OR  WOULD  BE AFFECTED BY SUCH ELECTRONIC FILING
PROGRAM AND OTHER INTERESTED MEMBERS OF THE CRIMINAL JUSTICE COMMUNITY.
  (VI) THE CHIEF ADMINISTRATOR SHALL MAINTAIN AN ADVISORY  COMMITTEE  TO
CONSULT  WITH  HIM  OR  HER  IN THE IMPLEMENTATION OF LAWS AFFECTING THE
PROGRAM IN THE USE OF ELECTRONIC MEANS FOR THE ORIGINATION  OF  JUVENILE
DELINQUENCY  PROCEEDINGS UNDER ARTICLE THREE OF THE FAMILY COURT ACT AND
ABUSE OR NEGLECT PROCEEDINGS PURSUANT TO ARTICLE TEN OF THE FAMILY COURT
ACT IN FAMILY COURT AND THE FILING AND SERVICE OF PAPERS IN SUCH PENDING
PROCEEDINGS, AS FIRST AUTHORIZED BY PARAGRAPH ONE OF SUBDIVISION (D)  OF
SECTION  SIX OF CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND
NINE, AS AMENDED BY CHAPTER ONE HUNDRED EIGHTY-FOUR OF THE LAWS  OF  TWO
THOUSAND  TWELVE,  IS  CONTINUED.  THE  COMMITTEE  SHALL CONSIST OF SUCH
NUMBER OF MEMBERS AS WILL ENABLE THE CHIEF ADMINISTRATOR TO OBTAIN INPUT
FROM THOSE WHO ARE OR  WOULD  BE  AFFECTED  BY  SUCH  ELECTRONIC  FILING
PROGRAM,  AND  SUCH MEMBERS SHALL INCLUDE CHIEF CLERKS OF FAMILY COURTS;
REPRESENTATIVES OF AUTHORIZED PRESENTMENT AND CHILD PROTECTIVE AGENCIES;
OTHER APPROPRIATE COUNTY AND CITY  GOVERNMENT  OFFICIALS;  INSTITUTIONAL
PROVIDERS  OF LEGAL SERVICES FOR CHILDREN AND/OR PARENTS; NOT-FOR-PROFIT

S. 5833                             6

LEGAL SERVICE PROVIDERS; PUBLIC DEFENDERS; REPRESENTATIVES OF THE OFFICE
OF INDIGENT LEGAL SERVICES; ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGH-
TEEN-B OF THE COUNTY LAW; AND OTHER MEMBERS OF  THE  FAMILY  COURT  BAR;
REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS; UNAFFILIATED ATTORNEYS
WHO  REGULARLY  APPEAR  IN  PROCEEDINGS THAT ARE OR WOULD BE AFFECTED BY
SUCH ELECTRONIC FILING PROGRAM; AND  OTHER  INTERESTED  MEMBERS  OF  THE
FAMILY  PRACTICE COMMUNITY. SUCH COMMITTEE SHALL HELP THE CHIEF ADMINIS-
TRATOR TO EVALUATE THE IMPACT OF SUCH ELECTRONIC FILING PROGRAM ON LITI-
GANTS INCLUDING UNREPRESENTED PARTIES, PRACTITIONERS AND THE COURTS  AND
TO  OBTAIN  INPUT  FROM THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH ELEC-
TRONIC FILING PROGRAM, INCLUDING UNREPRESENTED PARTIES,  REPRESENTATIVES
OF AUTHORIZED PRESENTMENT AND CHILD PROTECTIVE AGENCIES, OTHER APPROPRI-
ATE  COUNTY  AND  CITY  GOVERNMENT OFFICIALS, INSTITUTIONAL PROVIDERS OF
LEGAL SERVICES FOR CHILDREN AND/OR PARENTS, NOT-FOR-PROFIT LEGAL SERVICE
PROVIDERS, PUBLIC DEFENDERS,  ATTORNEYS  ASSIGNED  PURSUANT  TO  ARTICLE
EIGHTEEN-B  OF THE COUNTY LAW AND OTHER MEMBERS OF THE FAMILY COURT BAR,
REPRESENTATIVES OF VICTIMS' RIGHTS ORGANIZATIONS, UNAFFILIATED ATTORNEYS
WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR  WOULD  BE  AFFECTED  BY
SUCH  ELECTRONIC  FILING  PROGRAM,  AND  OTHER INTERESTED MEMBERS OF THE
CRIMINAL JUSTICE COMMUNITY.
  S 2. The civil practice law and rules is amended by adding a new arti-
cle 21-A to read as follows:
                              ARTICLE 21-A
               FILING OF PAPERS IN THE COURTS BY FACSIMILE
                  TRANSMISSION AND BY ELECTRONIC MEANS
SECTION 2110. DEFINITIONS.
        2111. FILING OF PAPERS IN THE TRIAL COURTS BY  FACSIMILE  TRANS-
                MISSION AND BY ELECTRONIC MEANS.
        2112. FILING  OF  PAPERS IN THE APPELLATE DIVISION BY ELECTRONIC
                MEANS.
  S 2110. DEFINITIONS. FOR PURPOSES OF THIS SECTION,  "FACSIMILE  TRANS-
MISSION"  AND  "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F)
OF RULE 2103 OF THIS CHAPTER.
  S 2111. FILING OF PAPERS IN THE TRIAL COURTS BY FACSIMILE TRANSMISSION
AND BY ELECTRONIC MEANS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
THE CHIEF ADMINISTRATOR OF THE COURTS, WITH THE APPROVAL OF THE ADMINIS-
TRATIVE BOARD OF THE COURTS, MAY PROMULGATE RULES AUTHORIZING A  PROGRAM
IN  THE  USE  OF  FACSIMILE TRANSMISSION ONLY IN THE COURT OF CLAIMS AND
ELECTRONIC MEANS IN THE SUPREME COURT, THE CIVIL COURT OF  THE  CITY  OF
NEW  YORK,  SURROGATE'S  COURTS  AND  THE  COURT  OF CLAIMS FOR: (I) THE
COMMENCEMENT OF CIVIL ACTIONS AND PROCEEDINGS, AND (II) THE  FILING  AND
SERVICE OF PAPERS IN PENDING ACTIONS AND PROCEEDINGS. PROVIDED, HOWEVER,
THE  CHIEF ADMINISTRATOR SHALL CONSULT WITH THE COUNTY CLERK OF A COUNTY
OUTSIDE THE CITY OF NEW YORK BEFORE THE USE OF ELECTRONIC MEANS IS TO BE
AUTHORIZED IN THE SUPREME COURT OF SUCH COUNTY, AFFORD HIM  OR  HER  THE
OPPORTUNITY  TO  SUBMIT COMMENTS WITH RESPECT THERETO, CONSIDER ANY SUCH
COMMENTS AND OBTAIN THE AGREEMENT THERETO OF SUCH COUNTY CLERK.
  (B) 1. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH TWO OF THIS  SUBDIVI-
SION,  PARTICIPATION  IN  THIS  PROGRAM SHALL BE STRICTLY VOLUNTARY, AND
WILL TAKE PLACE ONLY UPON CONSENT  OF  ALL  PARTIES  IN  THE  ACTION  OR
SPECIAL  PROCEEDING; EXCEPT THAT A PARTY'S FAILURE TO CONSENT TO PARTIC-
IPATION SHALL NOT BAR ANY OTHER PARTY TO THE ACTION OR  PROCEEDING  FROM
FILING  AND SERVING PAPERS BY FACSIMILE TRANSMISSION OR ELECTRONIC MEANS
UPON THE COURT OR ANY OTHER PARTY TO SUCH ACTION OR PROCEEDING  WHO  HAS
CONSENTED  TO  PARTICIPATION.  COMMENCEMENT  OF  AN ACTION BY ELECTRONIC
MEANS OR BY FACSIMILE TRANSMISSION SHALL NOT REQUIRE THE CONSENT OF  ANY

S. 5833                             7

OTHER  PARTY.    NO PARTY SHALL BE COMPELLED, DIRECTLY OR INDIRECTLY, TO
PARTICIPATE IN E-FILING. ALL PARTIES SHALL BE NOTIFIED CLEARLY, IN PLAIN
LANGUAGE, ABOUT THEIR OPTIONS TO PARTICIPATE IN E-FILING. WHERE A  PARTY
IS  NOT  REPRESENTED  BY  COUNSEL,  THE CLERK SHALL EXPLAIN SUCH PARTY'S
OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE,  INCLUDING  THE  OPTION
FOR  EXPEDITED PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES TO
PARTICIPATE, PROVIDED HOWEVER THE UNREPRESENTED LITIGANT MAY PARTICIPATE
IN THE PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL  BE  DOCUMENTED
IN  THE  CASE  FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT
INFORMATION IN PLAIN LANGUAGE CONCERNING THE PROGRAM.
  2. IN THE RULES  PROMULGATED  PURSUANT  TO  SUBDIVISION  (A)  OF  THIS
SECTION,  THE  CHIEF  ADMINISTRATOR  MAY  ELIMINATE  THE  REQUIREMENT OF
CONSENT TO PARTICIPATION IN THIS PROGRAM IN:
  (A) 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 SEVENTY OR SEVENTY-EIGHT OF THIS
CHAPTER, PROCEEDINGS BROUGHT PURSUANT TO THE MENTAL HYGIENE  LAW,  RESI-
DENTIAL  FORECLOSURE  ACTIONS  INVOLVING  A  HOME  LOAN  AS SUCH TERM IS
DEFINED IN SECTION THIRTEEN HUNDRED FOUR OF THE  REAL  PROPERTY  ACTIONS
AND  PROCEEDINGS  LAW  AND PROCEEDINGS RELATED TO CONSUMER CREDIT TRANS-
ACTIONS AS DEFINED IN SUBDIVISION (F) OF SECTION  ONE  HUNDRED  FIVE  OF
THIS  CHAPTER,  EXCEPT  THAT THE CHIEF ADMINISTRATOR, IN ACCORDANCE WITH
THIS PARAGRAPH, MAY ELIMINATE THE REQUIREMENT OF CONSENT TO  PARTICIPATE
IN THIS PROGRAM INSOFAR AS IT APPLIES TO THE INITIAL FILING BY A REPRES-
ENTED PARTY OF PAPERS REQUIRED FOR THE COMMENCEMENT OF RESIDENTIAL FORE-
CLOSURE ACTIONS INVOLVING A HOME LOAN AS SUCH TERM IS DEFINED IN SECTION
THIRTEEN  HUNDRED  FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW
AND THE INITIAL FILING BY A REPRESENTED PARTY OF PAPERS REQUIRED FOR THE
COMMENCEMENT OF PROCEEDINGS RELATED TO CONSUMER CREDIT  TRANSACTIONS  AS
DEFINED  IN SUBDIVISION (F) OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER)
IN SUPREME COURT IN SUCH COUNTIES AS HE OR SHE SHALL SPECIFY, AND
  (B) ONE OR MORE CLASSES OF CASES IN SURROGATE'S COURT IN SUCH COUNTIES
AS HE OR SHE SHALL SPECIFY, AND
  (C) ACTIONS IN THE CIVIL COURT OF THE CITY OF NEW YORK  BROUGHT  BY  A
PROVIDER   OF  HEALTH  CARE  SERVICES  SPECIFIED  IN  PARAGRAPH  ONE  OF
SUBSECTION (A) OF SECTION FIVE THOUSAND ONE HUNDRED TWO OF THE INSURANCE
LAW AGAINST AN INSURER FOR FAILURE TO COMPLY WITH THE  RULES  AND  REGU-
LATIONS PROMULGATED BY THE SUPERINTENDENT OF FINANCIAL SERVICES PURSUANT
TO  SUBSECTION  (B)  OF  SECTION FIVE THOUSAND ONE HUNDRED EIGHT OF SUCH
LAW.
  (I) NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR  SHALL  NOT
ELIMINATE THE REQUIREMENT OF CONSENT IN ANY COUNTY UNTIL AFTER HE OR SHE
SHALL HAVE CONSULTED WITH MEMBERS OF THE ORGANIZED BAR INCLUDING BUT NOT
LIMITED TO CITY, STATE, COUNTY AND WOMEN'S BAR ASSOCIATIONS; WITH INSTI-
TUTIONAL  LEGAL  SERVICE  PROVIDERS;  WITH  NOT-FOR-PROFIT LEGAL SERVICE
PROVIDERS; WITH ATTORNEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE
COUNTY  LAW;  WITH  UNAFFILIATED  ATTORNEYS  WHO  REGULARLY  APPEAR   IN
PROCEEDINGS  THAT ARE OR HAVE BEEN AFFECTED BY ANY PROGRAM OF ELECTRONIC
FILING IN SUCH COUNTY THAT REQUIRES CONSENT OR WHO WOULD BE AFFECTED  BY
A  PROGRAM OF ELECTRONIC FILING IN SUCH COUNTY SHOULD THE REQUIREMENT OF
CONSENT BE ELIMINATED; WITH ANY OTHER PERSONS IN THE COUNTY AS DEEMED TO
BE APPROPRIATE BY THE CHIEF ADMINISTRATOR; AND WITH THE COUNTY CLERK  OF
SUCH  COUNTY  (WHERE THE AFFECTED COURT IS THE SUPREME COURT OF A COUNTY
OUTSIDE THE CITY OF NEW YORK), AND
  (II) ONLY AFTER AFFORDING THEM THE OPPORTUNITY TO SUBMIT COMMENTS WITH
RESPECT THERETO, CONSIDERING ANY SUCH COMMENTS, INCLUDING BUT NOT LIMIT-

S. 5833                             8

ED TO COMMENTS RELATED TO UNREPRESENTED LITIGANTS AND, IN  THE  INSTANCE
OF  ANY  COUNTY  OUTSIDE  THE  CITY OF NEW YORK, OBTAINING THE AGREEMENT
THERETO OF THE COUNTY CLERK THEREOF. ALL SUCH COMMENTS SHALL  BE  POSTED
FOR PUBLIC REVIEW ON THE OFFICE OF COURT ADMINISTRATION'S WEBSITE.
  2-A.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH TWO OF THIS SUBDIVI-
SION, THE EXCLUSION IN SUCH PARAGRAPH OF RESIDENTIAL FORECLOSURE ACTIONS
INVOLVING A HOME LOAN AS  SUCH  TERM  IS  DEFINED  IN  SECTION  THIRTEEN
HUNDRED FOUR OF THE REAL PROPERTY ACTIONS AND PROCEEDINGS LAW FROM THOSE
CLASSES  OF  CASES  IN  WHICH  THE CHIEF ADMINISTRATOR MAY ELIMINATE THE
REQUIREMENT OF CONSENT TO PARTICIPATION IN A PROGRAM IN THE USE OF ELEC-
TRONIC MEANS SHALL NOT APPLY TO ANY COUNTY IN WHICH, PRIOR TO THE EFFEC-
TIVE DATE OF THIS SECTION, THE CHIEF ADMINISTRATOR  HAD  ELIMINATED  THE
REQUIREMENT  OF CONSENT TO PARTICIPATION IN SUCH A PROGRAM IN SUCH FORE-
CLOSURE ACTIONS, SPECIFICALLY ERIE, ESSEX, NEW YORK,  QUEENS,  ROCKLAND,
SUFFOLK AND WESTCHESTER COUNTIES; AND THE EXCLUSION IN SUCH PARAGRAPH OF
PROCEEDINGS RELATED TO CONSUMER CREDIT TRANSACTIONS AS DEFINED IN SUBDI-
VISION (F) OF SECTION ONE HUNDRED FIVE OF THIS CHAPTER FROM THOSE CLASS-
ES  OF CASES IN WHICH THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIRE-
MENT OF CONSENT TO PARTICIPATION IN A PROGRAM IN THE USE  OF  ELECTRONIC
MEANS  SHALL  NOT  APPLY  TO ANY COUNTY IN WHICH, PRIOR TO THE EFFECTIVE
DATE OF  THIS  SECTION,  THE  CHIEF  ADMINISTRATOR  HAD  ELIMINATED  THE
REQUIREMENT  OF  CONSENT  TO  PARTICIPATION  IN  SUCH  A PROGRAM IN SUCH
PROCEEDINGS RELATED TO CONSUMER CREDIT TRANSACTIONS, SPECIFICALLY  ERIE,
NEW YORK, ONONDAGA, ROCKLAND AND WESTCHESTER COUNTIES.
  3. WHERE THE CHIEF ADMINISTRATOR ELIMINATES THE REQUIREMENT OF CONSENT
AS PROVIDED IN PARAGRAPH TWO OF THIS SUBDIVISION, HE OR SHE SHALL AFFORD
COUNSEL THE OPPORTUNITY TO OPT OUT OF THE PROGRAM, VIA PRESENTATION OF A
PRESCRIBED FORM TO BE FILED WITH THE CLERK OF THE COURT WHERE THE ACTION
IS  PENDING.  SAID  FORM  SHALL PERMIT AN ATTORNEY TO OPT OUT OF PARTIC-
IPATION IN THE PROGRAM UNDER ANY  OF  THE  FOLLOWING  CIRCUMSTANCES,  IN
WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED TO PARTICIPATE:
  (A)  WHERE  THE  ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
THE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET  AND/OR  SCANNER
OR  OTHER  DEVICE  BY  WHICH DOCUMENTS MAY BE CONVERTED TO AN ELECTRONIC
FORMAT; OR
  (B) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE  OR  SHE  LACKS
THE  REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES  OF  THIS  SUBPARAGRAPH,
THE  KNOWLEDGE  OF  ANY  EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE
ATTORNEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT  TO  SUCH  ATTOR-
NEY'S DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
  NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBDIVISION, WHERE A PARTY
IS  NOT  REPRESENTED  BY  COUNSEL,  THE CLERK SHALL EXPLAIN SUCH PARTY'S
OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE AND SHALL INQUIRE WHETH-
ER HE OR SHE WISHES TO PARTICIPATE, PROVIDED HOWEVER  THE  UNREPRESENTED
LITIGANT  MAY  PARTICIPATE  IN  THE PROGRAM ONLY UPON HIS OR HER REQUEST
AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMATION IN PLAIN
LANGUAGE CONCERNING THE PROGRAM; AND A PARTY NOT REPRESENTED BY  COUNSEL
WHO  HAS  CHOSEN  TO  PARTICIPATE  IN  THE PROGRAM SHALL BE AFFORDED THE
OPPORTUNITY TO OPT OUT OF THE PROGRAM FOR ANY REASON VIA PRESENTATION OF
A PRESCRIBED FORM TO BE FILED WITH THE CLERK  OF  THE  COURT  WHERE  THE
PROCEEDING  IS  PENDING;  AND A COURT MAY EXEMPT ANY ATTORNEY FROM BEING
REQUIRED TO  PARTICIPATE  IN  THE  PROGRAM  UPON  APPLICATION  FOR  SUCH
EXEMPTION, SHOWING GOOD CAUSE THEREFOR.
  (C) FOR PURPOSES OF THIS SECTION, "THE FILING AND SERVICE OF PAPERS IN
PENDING ACTIONS AND PROCEEDINGS" SHALL INCLUDE THE FILING AND SERVICE OF

S. 5833                             9

A  NOTICE  OF  APPEAL  PURSUANT TO SECTION FIFTY-FIVE HUNDRED FIFTEEN OF
THIS CHAPTER.
  S  2112.  FILING  OF  PAPERS  IN  THE APPELLATE DIVISION BY ELECTRONIC
MEANS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND EXCEPT AS  OTHER-
WISE PROVIDED IN SUBDIVISION (C) OF SECTION TWENTY-ONE HUNDRED ELEVEN OF
THIS  ARTICLE,  THE  APPELLATE  DIVISION IN EACH JUDICIAL DEPARTMENT MAY
PROMULGATE RULES AUTHORIZING A PROGRAM IN THE USE  OF  ELECTRONIC  MEANS
FOR:  (I) APPEALS TO SUCH COURT FROM THE JUDGMENT OR ORDER OF A COURT OF
ORIGINAL INSTANCE OR FROM THAT OF ANOTHER APPELLATE COURT, (II) MAKING A
MOTION FOR PERMISSION TO APPEAL TO SUCH COURT, (III) COMMENCEMENT OF ANY
OTHER PROCEEDING THAT MAY BE BROUGHT IN SUCH COURT, AND (IV) THE  FILING
AND  SERVICE  OF  PAPERS  IN PENDING ACTIONS AND PROCEEDINGS.   PROVIDED
HOWEVER, THE APPELLATE DIVISION MAY NOT  ELIMINATE  THE  REQUIREMENT  OF
CONSENT TO PARTICIPATION IN APPEALS IN SUCH A PROGRAM INVOLVING MATRIMO-
NIAL  ACTIONS  AS  DEFINED  BY  THIS  CHAPTER, ELECTION LAW PROCEEDINGS,
PROCEEDINGS BROUGHT PURSUANT TO ARTICLE SEVENTY OR SEVENTY-EIGHT OF THIS
CHAPTER, PROCEEDINGS BROUGHT PURSUANT TO THE MENTAL HYGIENE  LAW,  RESI-
DENTIAL  FORECLOSURE  ACTIONS  INVOLVING  A  HOME  LOAN  AS SUCH TERM IS
DEFINED IN SECTION THIRTEEN HUNDRED FOUR OF THE  REAL  PROPERTY  ACTIONS
AND  PROCEEDINGS  LAW  AND PROCEEDINGS RELATED TO CONSUMER CREDIT TRANS-
ACTIONS AS DEFINED IN SUBDIVISION (F) OF SECTION  ONE  HUNDRED  FIVE  OF
THIS CHAPTER; AND SUCH RULES SHALL NOT REQUIRE AN UNREPRESENTED PARTY OR
ANY  ATTORNEY  WHO FURNISHES A CERTIFICATE SPECIFIED IN SUBPARAGRAPH (A)
OR (B) OF PARAGRAPH THREE  OF  SUBDIVISION  (B)  OF  SECTION  TWENTY-ONE
HUNDRED ELEVEN OF THIS ARTICLE TO TAKE OR PERFECT AN APPEAL BY ELECTRON-
IC MEANS. PROVIDED FURTHER, HOWEVER, BEFORE PROMULGATING ANY SUCH RULES,
THE  APPELLATE  DIVISION  IN EACH JUDICIAL DEPARTMENT SHALL CONSULT WITH
THE CHIEF ADMINISTRATOR OF THE COURTS AND SHALL PROVIDE  AN  OPPORTUNITY
FOR REVIEW AND COMMENT BY ALL THOSE WHO ARE OR WOULD BE AFFECTED INCLUD-
ING  CITY,  STATE,  COUNTY  AND  WOMEN'S BAR ASSOCIATIONS; INSTITUTIONAL
LEGAL SERVICE PROVIDERS; NOT-FOR-PROFIT LEGAL SERVICE PROVIDERS;  ATTOR-
NEYS ASSIGNED PURSUANT TO ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFIL-
IATED  ATTORNEYS  WHO  REGULARLY  APPEAR IN PROCEEDINGS THAT ARE OR HAVE
BEEN AFFECTED BY THE PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO  MAY  BE
AFFECTED  BY  PROMULGATION OF RULES CONCERNING THE USE OF THE ELECTRONIC
FILING PROGRAM IN THE APPELLATE DIVISION OF ANY JUDICIAL DEPARTMENT; AND
ANY OTHER PERSONS IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN  ANY
OF THE COURTS THEREIN AS DEEMED TO BE APPROPRIATE BY ANY APPELLATE DIVI-
SION.  TO  THE  EXTENT  PRACTICABLE,  RULES PROMULGATED BY THE APPELLATE
DIVISION IN EACH JUDICIAL DEPARTMENT PURSUANT TO THIS SECTION  SHALL  BE
UNIFORM.
  S  3.  The court of claims act is amended by adding a new section 11-b
to read as follows:
  S 11-B. USE OF FACSIMILE TRANSMISSION AND  ELECTRONIC  FILING  AUTHOR-
IZED.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINIS-
TRATOR OF THE COURTS, WITH THE APPROVAL OF THE ADMINISTRATIVE  BOARD  OF
THE  COURTS,  MAY  AUTHORIZE A PROGRAM IN THE VOLUNTARY USE OF FACSIMILE
TRANSMISSION AND ELECTRONIC MEANS IN THE COURT AS  PROVIDED  IN  ARTICLE
TWENTY-ONE-A OF THE CIVIL PRACTICE LAW AND RULES.
  2.  FOR  PURPOSES OF THIS SECTION, "FACSIMILE TRANSMISSION" AND "ELEC-
TRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE  TWENTY-ONE
HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
  S  4. Section 10.40 of the criminal procedure law, as added by chapter
47 of the laws of 1984, is amended to read as follows:
S 10.40 Chief administrator to prescribe forms AND TO AUTHORIZE  USE  OF
          ELECTRONIC FILING.

S. 5833                            10

  1.  The  chief  administrator  of  the  courts shall have the power to
adopt, amend and rescind forms for the efficient and just administration
of this chapter. A failure by any party to submit papers  in  compliance
with  forms  authorized  by  this  section shall not be grounds for that
reason alone for denial or granting of any motion.
  2.  (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINIS-
TRATOR, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
PROMULGATE RULES AUTHORIZING A PROGRAM IN THE USE  OF  ELECTRONIC  MEANS
("E-FILING")  IN  THE  SUPREME COURT AND IN THE COUNTY COURT FOR (I) THE
FILING WITH A COURT OF AN  ACCUSATORY  INSTRUMENT  FOR  THE  PURPOSE  OF
COMMENCEMENT  OF A CRIMINAL ACTION OR PROCEEDING IN A SUPERIOR COURT, AS
PROVIDED BY ARTICLES ONE HUNDRED NINETY-FIVE AND  TWO  HUNDRED  OF  THIS
CHAPTER,  AND  (II) THE FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL
ACTIONS AND PROCEEDINGS.   PROVIDED, HOWEVER,  THE  CHIEF  ADMINISTRATOR
SHALL  CONSULT WITH THE COUNTY CLERK OF A COUNTY OUTSIDE THE CITY OF NEW
YORK BEFORE THE USE OF ELECTRONIC MEANS  IS  TO  BE  AUTHORIZED  IN  THE
SUPREME  COURT  OR  COUNTY  COURT  OF SUCH COUNTY, AFFORD HIM OR HER THE
OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO, CONSIDER  ANY  SUCH
COMMENTS AND OBTAIN THE AGREEMENT THERETO OF SUCH COUNTY CLERK.
  (B)  (I) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, PARTICIPATION
IN THIS PROGRAM SHALL BE STRICTLY VOLUNTARY AND  WILL  TAKE  PLACE  ONLY
UPON CONSENT OF ALL PARTIES IN THE CRIMINAL ACTION OR PROCEEDING; EXCEPT
THAT  A  PARTY'S  FAILURE  TO CONSENT TO PARTICIPATION SHALL NOT BAR ANY
OTHER PARTY TO THE ACTION FROM FILING AND SERVING PAPERS  BY  ELECTRONIC
MEANS UPON THE COURT OR ANY OTHER PARTY TO SUCH ACTION OR PROCEEDING WHO
HAS  CONSENTED  TO  PARTICIPATION.    FILING AN ACCUSATORY INSTRUMENT BY
ELECTRONIC MEANS WITH THE COURT FOR THE PURPOSE  OF  COMMENCEMENT  OF  A
CRIMINAL ACTION OR PROCEEDING SHALL NOT REQUIRE THE CONSENT OF ANY OTHER
PARTY;  PROVIDED,  HOWEVER,  THAT UPON SUCH FILING ANY PERSON WHO IS THE
SUBJECT OF SUCH ACCUSATORY INSTRUMENT AND ANY ATTORNEY FOR  SUCH  PERSON
SHALL  BE  PERMITTED  TO  IMMEDIATELY  REVIEW  AND OBTAIN COPIES OF SUCH
INSTRUMENT IF SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED BY  LAW
TO REVIEW OR COPY SUCH INSTRUMENT IF IT HAD BEEN FILED WITH THE COURT IN
PAPER FORM.
  NO PARTY SHALL BE COMPELLED, DIRECTLY OR INDIRECTLY, TO PARTICIPATE IN
E-FILING.  ALL  PARTIES  SHALL  BE  NOTIFIED CLEARLY, IN PLAIN LANGUAGE,
ABOUT THEIR OPTIONS TO PARTICIPATE IN E-FILING. WHERE  A  PARTY  IS  NOT
REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH PARTY'S OPTIONS FOR
ELECTRONIC  FILING IN PLAIN LANGUAGE, INCLUDING THE OPTION FOR EXPEDITED
PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES  TO  PARTICIPATE,
PROVIDED  HOWEVER  THE  UNREPRESENTED  LITIGANT  MAY  PARTICIPATE IN THE
PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED  IN  THE
CASE  FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMA-
TION IN PLAIN LANGUAGE CONCERNING THE PROGRAM.
  (II) THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF  CONSENT
TO  PARTICIPATION  IN  THIS  PROGRAM IN SUPREME AND COUNTY COURTS OF NOT
MORE THAN SIX COUNTIES  PROVIDED  HE  OR  SHE  MAY  NOT  ELIMINATE  SUCH
REQUIREMENT  FOR  A  COURT WITHOUT THE CONSENT OF THE DISTRICT ATTORNEY,
THE CONSENT OF THE CRIMINAL DEFENSE BAR AS DEFINED IN SUBDIVISION  THREE
OF  THIS  SECTION  AND  THE CONSENT OF THE COUNTY CLERK OF THE COUNTY IN
WHICH SUCH COURT PRESIDES.
  NOTWITHSTANDING THE FOREGOING PROVISIONS  OF  THIS  SUBPARAGRAPH,  THE
CHIEF  ADMINISTRATOR  SHALL  NOT ELIMINATE THE REQUIREMENT OF CONSENT TO
PARTICIPATION IN A COUNTY HEREUNDER UNTIL HE OR SHE SHALL HAVE  PROVIDED
ALL  PERSONS  AND  ORGANIZATIONS,  OR  THEIR REPRESENTATIVE OR REPRESEN-
TATIVES, WHO REGULARLY APPEAR IN CRIMINAL ACTIONS OR PROCEEDINGS IN  THE

S. 5833                            11

SUPERIOR  COURT OF SUCH COUNTY WITH REASONABLE NOTICE AND OPPORTUNITY TO
SUBMIT COMMENTS WITH RESPECT THERETO AND SHALL HAVE GIVEN DUE  CONSIDER-
ATION  TO  ALL  SUCH  COMMENTS, NOR UNTIL HE OR SHE SHALL HAVE CONSULTED
WITH THE MEMBERS OF THE ADVISORY COMMITTEE SPECIFIED IN SUBPARAGRAPH (V)
OF PARAGRAPH (T) OF SUBDIVISION TWO OF SECTION TWO HUNDRED TWELVE OF THE
JUDICIARY LAW.
  (C)  WHERE  THE  CHIEF  ADMINISTRATOR  ELIMINATES  THE  REQUIREMENT OF
CONSENT AS PROVIDED IN SUBPARAGRAPH (II) OF PARAGRAPH (B) OF THIS SUBDI-
VISION, HE OR SHE SHALL AFFORD COUNSEL THE OPPORTUNITY TO OPT OUT OF THE
PROGRAM, VIA PRESENTATION OF A PRESCRIBED FORM  TO  BE  FILED  WITH  THE
COURT  WHERE  THE  CRIMINAL ACTION IS PENDING. SAID FORM SHALL PERMIT AN
ATTORNEY TO OPT OUT OF PARTICIPATION IN THE PROGRAM  UNDER  ANY  OF  THE
FOLLOWING CIRCUMSTANCES, IN WHICH EVENT, HE OR SHE WILL NOT BE COMPELLED
TO PARTICIPATE:
  (I)  WHERE  THE  ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
APPROPRIATE COMPUTER HARDWARE AND/OR CONNECTION TO THE  INTERNET  AND/OR
SCANNER  OR OTHER DEVICE BY WHICH DOCUMENTS MAY BE CONVERTED TO AN ELEC-
TRONIC FORMAT; OR
  (II) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR  SHE  LACKS
THE  REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES  OF  THIS  SUBPARAGRAPH,
THE  KNOWLEDGE  OF  ANY  EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE
ATTORNEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS SUBJECT  TO  SUCH  ATTOR-
NEY'S DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH:  (A) WHERE
A  PARTY  IS  NOT  REPRESENTED  BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH
PARTY'S OPTIONS FOR ELECTRONIC FILING IN PLAIN LANGUAGE,  INCLUDING  THE
OPTION  FOR  EXPEDITED  PROCESSING,  AND SHALL INQUIRE WHETHER HE OR SHE
WISHES TO PARTICIPATE, PROVIDED HOWEVER THE UNREPRESENTED  LITIGANT  MAY
PARTICIPATE  IN THE PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE
DOCUMENTED IN THE CASE FILE, AFTER SAID PARTY HAS  BEEN  PRESENTED  WITH
SUFFICIENT  INFORMATION  IN PLAIN LANGUAGE CONCERNING THE PROGRAM; (B) A
PARTY NOT REPRESENTED BY COUNSEL WHO HAS CHOSEN TO  PARTICIPATE  IN  THE
PROGRAM  SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT OF THE PROGRAM FOR
ANY REASON VIA PRESENTATION OF A PRESCRIBED FORM TO BE  FILED  WITH  THE
CLERK  OF THE COURT WHERE THE PROCEEDING IS PENDING; AND (C) A COURT MAY
EXEMPT ANY ATTORNEY FROM BEING REQUIRED TO PARTICIPATE  IN  THE  PROGRAM
UPON APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE THEREFOR.
  (D)(I)  NOTHING  IN  THIS  SECTION SHALL AFFECT OR CHANGE ANY EXISTING
LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF COURT RECORDS IN CRIM-
INAL PROCEEDINGS OR ACCESS TO COURT  RECORDS  BY  THE  PARTIES  TO  SUCH
PROCEEDINGS,  NOR  SHALL  THIS SECTION BE CONSTRUED TO COMPEL A PARTY TO
FILE A SEALED DOCUMENT BY ELECTRONIC MEANS.
  (II) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO PAPER  OR
DOCUMENT  THAT  IS FILED BY ELECTRONIC MEANS IN A CRIMINAL PROCEEDING IN
SUPREME COURT OR COUNTY COURT SHALL BE AVAILABLE FOR  PUBLIC  INSPECTION
ON-LINE.  SUBJECT TO THE PROVISIONS OF EXISTING LAWS GOVERNING THE SEAL-
ING AND CONFIDENTIALITY OF COURT RECORDS, NOTHING HEREIN  SHALL  PREVENT
THE  UNIFIED COURT SYSTEM FROM SHARING STATISTICAL INFORMATION THAT DOES
NOT INCLUDE ANY PAPERS OR DOCUMENTS FILED WITH THE ACTION; AND, PROVIDED
FURTHER, THAT THIS PARAGRAPH SHALL NOT PROHIBIT THE CHIEF ADMINISTRATOR,
IN THE EXERCISE OF HIS OR HER DISCRETION, FROM POSTING PAPERS  OR  DOCU-
MENTS  THAT  HAVE  NOT  BEEN  SEALED PURSUANT TO LAW ON A PUBLIC WEBSITE
MAINTAINED BY THE UNIFIED COURT SYSTEM WHERE: (A) THE WEBSITE IS NOT THE
WEBSITE ESTABLISHED BY THE RULES PROMULGATED PURSUANT TO  PARAGRAPH  (A)
OF  THIS  SUBDIVISION, AND (B) TO DO SO WOULD BE IN THE PUBLIC INTEREST.

S. 5833                            12

FOR PURPOSES OF THIS SUBPARAGRAPH, THE CHIEF ADMINISTRATOR, IN DETERMIN-
ING WHETHER POSTING PAPERS OR DOCUMENTS ON A PUBLIC WEBSITE  IS  IN  THE
PUBLIC INTEREST, SHALL, AT A MINIMUM, TAKE INTO ACCOUNT FOR EACH POSTING
THE  FOLLOWING  FACTORS: (A) THE TYPE OF CASE INVOLVED; (B) WHETHER SUCH
POSTING WOULD CAUSE HARM TO ANY PERSON, INCLUDING ESPECIALLY A MINOR  OR
CRIME  VICTIM; (C) WHETHER SUCH POSTING WOULD INCLUDE LEWD OR SCANDALOUS
MATTERS; AND (D) THE POSSIBILITY THAT SUCH PAPERS OR DOCUMENTS MAY ULTI-
MATELY BE SEALED.
  (III) NOTHING IN THIS SECTION SHALL AFFECT  OR  CHANGE  EXISTING  LAWS
GOVERNING  SERVICE  OF  PROCESS,  NOR SHALL THIS SECTION BE CONSTRUED TO
ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS  AS  SET  FORTH  IN  THE
CRIMINAL PROCEDURE LAW.
  3.  FOR  PURPOSES  OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
  (A) "CONSENT OF THE CRIMINAL DEFENSE BAR" SHALL MEAN THAT CONSENT  HAS
BEEN  OBTAINED  FROM  ALL  PROVIDER  OFFICES AND/OR ORGANIZATIONS IN THE
COUNTY THAT REPRESENTED TWENTY-FIVE  PERCENT  OR  MORE  OF  THE  PERSONS
REPRESENTED  BY  PUBLIC  DEFENSE  PROVIDERS  PURSUANT  TO  SECTION SEVEN
HUNDRED TWENTY-TWO OF THE COUNTY LAW, AS SHOWN IN THE MOST RECENT ANNUAL
REPORTS FILED PURSUANT TO SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWEN-
TY-TWO-F OF THE COUNTY LAW. SUCH CONSENT, WHEN GIVEN, MUST BE  EXPRESSED
IN  A WRITTEN DOCUMENT THAT IS PROVIDED BY A PERSON WHO IS AUTHORIZED TO
CONSENT ON BEHALF OF THE RELEVANT PUBLIC DEFENDER  ORGANIZATION,  AGENCY
OR OFFICE; AND
  (B)  "ELECTRONIC MEANS" SHALL BE AS DEFINED IN SUBDIVISION (F) OF RULE
TWENTY-ONE HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES; AND
  (C) THE "FILING AND SERVICE OF PAPERS IN PENDING CRIMINAL ACTIONS  AND
PROCEEDINGS"  SHALL INCLUDE THE FILING AND SERVICE OF A NOTICE OF APPEAL
PURSUANT TO SECTION 460.10 OF THIS CHAPTER.
  S 5. The criminal procedure law is amended by  adding  a  new  section
460.90 to read as follows:
S 460.90 FILING  OF  PAPERS ON APPEAL TO THE APPELLATE DIVISION BY ELEC-
           TRONIC MEANS.
  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE APPELLATE DIVISION  IN
EACH  JUDICIAL  DEPARTMENT MAY PROMULGATE RULES AUTHORIZING A PROGRAM IN
THE USE OF ELECTRONIC MEANS FOR THE TAKING AND PERFECTION OF APPEALS  IN
ACCORDANCE  WITH  THE PROVISIONS OF SECTION TWENTY-ONE HUNDRED TWELVE OF
THE CIVIL PRACTICE LAW AND RULES.   PROVIDED HOWEVER, SUCH  RULES  SHALL
NOT  REQUIRE  AN  UNREPRESENTED  PARTY  OR  ANY ATTORNEY WHO FURNISHES A
CERTIFICATION SPECIFIED IN SUBPARAGRAPH (I) OR (II) OF PARAGRAPH (C)  OF
SUBDIVISION  TWO  OF SECTION 10.40 OF THIS CHAPTER TO TAKE OR PERFECT AN
APPEAL BY ELECTRONIC MEANS. PROVIDED FURTHER, HOWEVER, BEFORE PROMULGAT-
ING ANY SUCH RULES, THE APPELLATE DIVISION IN EACH  JUDICIAL  DEPARTMENT
SHALL  CONSULT  WITH  THE  CHIEF  ADMINISTRATOR  OF THE COURTS AND SHALL
PROVIDE AN OPPORTUNITY FOR REVIEW AND COMMENT BY ALL THOSE  WHO  ARE  OR
WOULD  BE  AFFECTED INCLUDING DISTRICT ATTORNEYS; REPRESENTATIVES OF THE
OFFICE OF INDIGENT LEGAL SERVICES; NOT-FOR-PROFIT LEGAL SERVICE  PROVID-
ERS;  PUBLIC  DEFENDERS;  STATEWIDE AND LOCAL SPECIALTY BAR ASSOCIATIONS
WHOSE MEMBERSHIP DEVOTES A SIGNIFICANT  PORTION  OF  THEIR  PRACTICE  TO
ASSIGNED CRIMINAL CASES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH (A) OF
SUBDIVISION THREE OF SECTION SEVEN HUNDRED TWENTY-TWO OF THE COUNTY LAW;
INSTITUTIONAL  PROVIDERS  OF CRIMINAL DEFENSE SERVICES AND OTHER MEMBERS
OF THE CRIMINAL DEFENSE BAR; REPRESENTATIVES OF VICTIMS'  RIGHTS  ORGAN-
IZATIONS;  UNAFFILIATED  ATTORNEYS  WHO  REGULARLY APPEAR IN PROCEEDINGS
THAT ARE OR WOULD BE AFFECTED BY SUCH ELECTRONIC FILING PROGRAM;  INTER-
ESTED  MEMBERS  OF THE CRIMINAL JUSTICE COMMUNITY; AND ANY OTHER PERSONS

S. 5833                            13

IN WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED  IN  ANY  OF  THE  COURTS
THEREIN  AS  DEEMED  TO BE APPROPRIATE BY ANY APPELLATE DIVISION. TO THE
EXTENT PRACTICABLE, RULES PROMULGATED BY THE APPELLATE DIVISION IN  EACH
JUDICIAL  DEPARTMENT  PURSUANT  TO  THIS SECTION SHALL BE UNIFORM.   FOR
PURPOSES OF THIS SECTION, "ELECTRONIC MEANS"  SHALL  BE  AS  DEFINED  IN
SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF SUCH LAW AND RULES.
  S 6. Section 214 of the family court act, as amended by chapter 751 of
the laws of 1989, is amended to read as follows:
  S  214.  [State]  CHIEF  administrator  to prescribe forms; ELECTRONIC
FILING IN FAMILY COURT.   (A) The [state]  CHIEF  administrator  OF  THE
COURTS  shall  promulgate a uniform, statewide petition for adoption and
may prescribe such other forms as may be proper for  the  efficient  and
just administration of this act, including forms for petitions, summons,
warrants, subpoenas, undertakings, and orders authorized by this act.
  (B) (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINIS-
TRATOR, WITH THE APPROVAL OF THE ADMINISTRATIVE BOARD OF THE COURTS, MAY
PROMULGATE  RULES  AUTHORIZING  A PROGRAM IN THE USE OF ELECTRONIC MEANS
("E-FILING") IN THE FAMILY COURT FOR: (1) THE ORIGINATION OF PROCEEDINGS
IN SUCH COURT, AND (2) THE FILING  AND  SERVICE  OF  PAPERS  IN  PENDING
PROCEEDINGS.
  (II) (1) EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, PARTICIPATION
IN  THIS  PROGRAM  SHALL  BE STRICTLY VOLUNTARY AND WILL TAKE PLACE ONLY
UPON CONSENT OF ALL PARTIES IN THE PROCEEDING; EXCEPT THAT FAILURE OF  A
PARTY  OR  OTHER  PERSON WHO IS ENTITLED TO NOTICE OF THE PROCEEDINGS TO
CONSENT TO PARTICIPATION SHALL NOT BAR ANY OTHER PARTY FROM  FILING  AND
SERVING  PAPERS BY ELECTRONIC MEANS UPON THE COURT OR ANY OTHER PARTY OR
PERSON ENTITLED TO RECEIVE NOTICE OF SUCH PROCEEDING WHO  HAS  CONSENTED
TO  PARTICIPATION.  FILING A PETITION WITH THE COURT BY ELECTRONIC MEANS
FOR THE PURPOSE OF  ORIGINATING  A  PROCEEDING  SHALL  NOT  REQUIRE  THE
CONSENT  OF ANY OTHER PARTY; PROVIDED, HOWEVER, THAT UPON SUCH FILING, A
PARTY TO SUCH PROCEEDING AND ANY  ATTORNEY  FOR  SUCH  PERSON  SHALL  BE
PERMITTED  TO IMMEDIATELY REVIEW AND OBTAIN COPIES OF SUCH DOCUMENTS AND
PAPERS IF SUCH PERSON OR ATTORNEY WOULD HAVE BEEN AUTHORIZED BY  LAW  TO
REVIEW  OR  OBTAIN  COPIES OF SUCH DOCUMENTS AND PAPERS IF THEY HAD BEEN
FILED WITH THE COURT IN PAPER FORM.
  NO PARTY SHALL BE COMPELLED, DIRECTLY OR INDIRECTLY, TO PARTICIPATE IN
E-FILING. ALL PARTIES SHALL BE  NOTIFIED  CLEARLY,  IN  PLAIN  LANGUAGE,
ABOUT  THEIR  OPTIONS  TO  PARTICIPATE IN E-FILING. WHERE A PARTY IS NOT
REPRESENTED BY COUNSEL, THE CLERK SHALL EXPLAIN SUCH PARTY'S OPTIONS FOR
ELECTRONIC FILING IN PLAIN LANGUAGE, INCLUDING THE OPTION FOR  EXPEDITED
PROCESSING,  AND  SHALL INQUIRE WHETHER HE OR SHE WISHES TO PARTICIPATE,
PROVIDED HOWEVER THE  UNREPRESENTED  LITIGANT  MAY  PARTICIPATE  IN  THE
PROGRAM  ONLY  UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED IN THE
CASE FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT  INFORMA-
TION IN PLAIN LANGUAGE CONCERNING THE PROGRAM.
  (2)  IN THE RULES PROMULGATED PURSUANT TO PARAGRAPH (I) OF THIS SUBDI-
VISION, THE CHIEF ADMINISTRATOR MAY ELIMINATE THE REQUIREMENT OF CONSENT
TO PARTICIPATION IN THIS PROGRAM IN FAMILY COURTS OF NOT MORE  THAN  SIX
COUNTIES FOR:
  (A)  THE  FILING  WITH  THE COURT OF A PETITION ORIGINATING A JUVENILE
DELINQUENCY PROCEEDING UNDER ARTICLE THREE OF THIS ACT BY A  PRESENTMENT
AGENCY AS DEFINED IN SECTION 301.2 OF SUCH ACT;
  (B)  THE FILING WITH THE COURT OF A PETITION ORIGINATING IN A PROCEED-
ING TO DETERMINE ABUSE OR NEGLECT PURSUANT TO ARTICLE TEN OF THIS ACT BY
A CHILD PROTECTIVE AGENCY, AS DEFINED IN SECTION ONE THOUSAND TWELVE  OF
SUCH ACT; AND

S. 5833                            14

  (C)  THE  FILING  AND  SERVICE  OF  PAPERS IN PROCEEDINGS SPECIFIED IN
CLAUSES (A) AND (B) OF THIS SUBPARAGRAPH WHERE, PURSUANT TO SUCH  CLAUS-
ES, SUCH PROCEEDINGS WERE ORIGINATED IN THE COURT BY ELECTRONIC FILING.
  NOTWITHSTANDING THE FOREGOING, THE CHIEF ADMINISTRATOR SHALL NOT ELIM-
INATE THE REQUIREMENT OF CONSENT TO PARTICIPATION WITHOUT THE CONSENT OF
EACH  AUTHORIZED  PRESENTMENT  AGENCY,  CHILD  PROTECTIVE  AGENCY  OF AN
AFFECTED COUNTY,  THE  FAMILY  COURT  BAR  PROVIDING  REPRESENTATION  TO
PARENTS,  AND  THE FAMILY COURT BAR PROVIDING REPRESENTATION TO CHILDREN
(AS REPRESENTED BY THE HEAD OF EACH LEGAL SERVICES ORGANIZATION  REPRES-
ENTING  PARENTS AND/OR CHILDREN, THE HEAD OF EACH PUBLIC DEFENDER ORGAN-
IZATION, AND PRESIDENT OF THE LOCAL BAR ASSOCIATION  AS  APPLICABLE)  IN
ANY COUNTY IN WHICH SUCH ELIMINATION SHALL APPLY.
  NOTWITHSTANDING  THE FOREGOING, THE CHIEF ADMINISTRATOR MAY NOT ELIMI-
NATE THE REQUIREMENT OF CONSENT TO PARTICIPATION IN A  COUNTY  HEREUNDER
UNTIL  HE  OR  SHE  SHALL HAVE PROVIDED ALL PERSONS OR ORGANIZATIONS, OR
THEIR  REPRESENTATIVE  OR  REPRESENTATIVES,  WHO  REGULARLY  APPEAR   IN
PROCEEDINGS IN THE FAMILY COURT OF SUCH COUNTY, IN WHICH PROCEEDINGS THE
REQUIREMENT  OF  CONSENT IS TO BE ELIMINATED, WITH REASONABLE NOTICE AND
AN OPPORTUNITY TO SUBMIT COMMENTS WITH RESPECT THERETO  AND  SHALL  HAVE
GIVEN  DUE CONSIDERATION TO ALL SUCH COMMENTS, NOR UNTIL HE OR SHE SHALL
HAVE CONSULTED WITH THE MEMBERS  OF  THE  ADVISORY  COMMITTEE  CONTINUED
PURSUANT  TO  SUBPARAGRAPH  (VI)  OF PARAGRAPH (T) OF SUBDIVISION TWO OF
SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW.
  (C) WHERE  THE  CHIEF  ADMINISTRATOR  ELIMINATES  THE  REQUIREMENT  OF
CONSENT AS PROVIDED IN SUBPARAGRAPH TWO OF PARAGRAPH (II) OF SUBDIVISION
(B)  OF  THIS SECTION, HE OR SHE SHALL AFFORD COUNSEL THE OPPORTUNITY TO
OPT OUT OF THE PROGRAM, VIA PRESENTATION OF  A  PRESCRIBED  FORM  TO  BE
FILED WITH THE CLERK OF THE COURT WHERE THE PROCEEDING IS PENDING.  SAID
FORM SHALL PERMIT AN ATTORNEY TO OPT OUT OF PARTICIPATION IN THE PROGRAM
UNDER ANY OF THE FOLLOWING CIRCUMSTANCES, IN WHICH EVENT, HE OR SHE WILL
NOT BE COMPELLED TO PARTICIPATE:
  (I)  WHERE  THE  ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR SHE LACKS
THE COMPUTER HARDWARE AND/OR CONNECTION TO THE INTERNET  AND/OR  SCANNER
OR  OTHER  DEVICE  BY  WHICH DOCUMENTS MAY BE CONVERTED TO AN ELECTRONIC
FORMAT; OR
  (II) WHERE THE ATTORNEY CERTIFIES IN GOOD FAITH THAT HE OR  SHE  LACKS
THE  REQUISITE KNOWLEDGE IN THE OPERATION OF SUCH COMPUTERS AND/OR SCAN-
NERS NECESSARY TO PARTICIPATE. FOR THE PURPOSES OF THIS  PARAGRAPH,  THE
KNOWLEDGE  OF ANY EMPLOYEE OF AN ATTORNEY, OR ANY EMPLOYEE OF THE ATTOR-
NEY'S LAW FIRM, OFFICE OR BUSINESS WHO IS  SUBJECT  TO  SUCH  ATTORNEY'S
DIRECTION, SHALL BE IMPUTED TO THE ATTORNEY.
  NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS PARAGRAPH:  (A) WHERE
A PARTY OR A PERSON ENTITLED TO NOTICE OF THE PROCEEDINGS IS NOT REPRES-
ENTED BY COUNSEL, THE COURT SHALL EXPLAIN SUCH PARTY'S OPTIONS FOR ELEC-
TRONIC  FILING  IN  PLAIN  LANGUAGE,  INCLUDING THE OPTION FOR EXPEDITED
PROCESSING, AND SHALL INQUIRE WHETHER HE OR SHE WISHES  TO  PARTICIPATE,
PROVIDED  HOWEVER,  THE  UNREPRESENTED  LITIGANT  MAY PARTICIPATE IN THE
PROGRAM ONLY UPON HIS OR HER REQUEST, WHICH SHALL BE DOCUMENTED  IN  THE
CASE  FILE, AFTER SAID PARTY HAS BEEN PRESENTED WITH SUFFICIENT INFORMA-
TION IN PLAIN LANGUAGE CONCERNING THE PROGRAM; (B) A PARTY  WHO  IS  NOT
REPRESENTED  BY  COUNSEL  WHO  HAS  CHOSEN TO PARTICIPATE IN THE PROGRAM
SHALL BE AFFORDED THE OPPORTUNITY TO OPT OUT  OF  THE  PROGRAM  FOR  ANY
REASON  VIA PRESENTATION OF A PRESCRIBED FORM TO BE FILED WITH THE CLERK
OF THE COURT WHERE THE PROCEEDING IS PENDING; AND (C) A COURT MAY EXEMPT
ANY ATTORNEY FROM BEING REQUIRED TO  PARTICIPATE  IN  THE  PROGRAM  UPON
APPLICATION FOR SUCH EXEMPTION, SHOWING GOOD CAUSE THEREFOR.

S. 5833                            15

  (D)  FOR  PURPOSES  OF  THIS  SECTION,  "ELECTRONIC MEANS" SHALL BE AS
DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL
PRACTICE LAW AND RULES.
  (E)  NOTWITHSTANDING  ANY PROVISION OF THIS CHAPTER, NO PAPER OR DOCU-
MENT THAT IS FILED BY ELECTRONIC MEANS IN A PROCEEDING IN  FAMILY  COURT
SHALL  BE  AVAILABLE  FOR  PUBLIC  INSPECTION  ON-LINE.   SUBJECT TO THE
PROVISIONS OF EXISTING LAWS GOVERNING THE SEALING AND CONFIDENTIALITY OF
COURT RECORDS, NOTHING HEREIN SHALL PREVENT  THE  UNIFIED  COURT  SYSTEM
FROM SHARING STATISTICAL INFORMATION THAT DOES NOT INCLUDE ANY PAPERS OR
DOCUMENTS FILED WITH THE ACTION.
  (F)  NOTHING  IN THIS SECTION SHALL AFFECT OR CHANGE ANY EXISTING LAWS
GOVERNING THE SEALING AND CONFIDENTIALITY OF  COURT  RECORDS  IN  FAMILY
COURT  PROCEEDINGS  OR  ACCESS  TO  COURT RECORDS BY THE PARTIES TO SUCH
PROCEEDINGS, NOR SHALL THIS SECTION BE CONSTRUED TO COMPEL  A  PARTY  TO
FILE A SEALED DOCUMENT BY ELECTRONIC MEANS.
  (G)  NOTHING  IN  THIS  SECTION  SHALL  AFFECT OR CHANGE EXISTING LAWS
GOVERNING SERVICE OF PROCESS, NOR SHALL THIS  SECTION  BE  CONSTRUED  TO
ABROGATE EXISTING PERSONAL SERVICE REQUIREMENTS AS SET FORTH IN THIS ACT
AND THE CIVIL PRACTICE LAW AND RULES.
  S  7.  The family court act is amended by adding a new section 1122 to
read as follows:
  S 1122. FILING OF PAPERS ON APPEAL TO THE APPELLATE DIVISION BY  ELEC-
TRONIC  MEANS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE APPELLATE
DIVISION IN EACH JUDICIAL DEPARTMENT MAY PROMULGATE RULES AUTHORIZING  A
PROGRAM  IN THE USE OF ELECTRONIC MEANS FOR THE TAKING AND PERFECTION OF
APPEALS IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWENTY-ONE  HUNDRED
TWELVE  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES.  FOR PURPOSES OF THIS
SECTION, "ELECTRONIC MEANS" SHALL BE AS DEFINED IN  SUBDIVISION  (F)  OF
RULE  TWENTY-ONE  HUNDRED  THREE  OF  THE  CIVIL PRACTICE LAW AND RULES.
PROVIDED HOWEVER, SUCH RULES SHALL NOT REQUIRE AN UNREPRESENTED PARTY OR
ANY ATTORNEY WHO FURNISHES A CERTIFICATE SPECIFIED IN PARAGRAPH  (I)  OR
(II)  OF SUBDIVISION (C) OF SECTION TWO HUNDRED FOURTEEN OF THIS CHAPTER
TO TAKE OR PERFECT AN APPEAL  BY  ELECTRONIC  MEANS.  PROVIDED  FURTHER,
HOWEVER,  BEFORE  PROMULGATING ANY SUCH RULES, THE APPELLATE DIVISION IN
EACH JUDICIAL DEPARTMENT SHALL CONSULT WITH THE CHIEF  ADMINISTRATOR  OF
THE  COURTS  AND  SHALL PROVIDE AN OPPORTUNITY FOR REVIEW AND COMMENT BY
ALL THOSE WHO ARE OR WOULD BE AFFECTED INCLUDING CITY, STATE, COUNTY AND
WOMEN'S  BAR  ASSOCIATIONS;  INSTITUTIONAL  LEGAL   SERVICE   PROVIDERS;
NOT-FOR-PROFIT  LEGAL  SERVICE PROVIDERS; ATTORNEYS ASSIGNED PURSUANT TO
ARTICLE EIGHTEEN-B OF THE COUNTY LAW; UNAFFILIATED ATTORNEYS  WHO  REGU-
LARLY  APPEAR  IN  PROCEEDINGS  THAT  ARE  OR  HAVE BEEN AFFECTED BY THE
PROGRAMS THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE AFFECTED BY  PROMULGA-
TION OF RULES CONCERNING THE USE OF THE ELECTRONIC FILING PROGRAM IN THE
APPELLATE  DIVISION OF ANY JUDICIAL DEPARTMENT; AND ANY OTHER PERSONS IN
WHOSE COUNTY A PROGRAM HAS BEEN IMPLEMENTED IN ANY OF THE COURTS THEREIN
AS DEEMED TO BE APPROPRIATE BY ANY APPELLATE  DIVISION.  TO  THE  EXTENT
PRACTICABLE,  RULES  PROMULGATED BY THE APPELLATE DIVISION IN EACH JUDI-
CIAL DEPARTMENT PURSUANT TO THIS SECTION SHALL BE UNIFORM.
  S 8. The New York city civil court act is  amended  by  adding  a  new
section 2103-a to read as follows:
  S 2103-A. USE OF ELECTRONIC FILING AUTHORIZED.  1. NOTWITHSTANDING ANY
OTHER  PROVISION  OF  LAW,  THE  CHIEF  ADMINISTRATOR  OF THE COURTS MAY
AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS IN THE CIVIL COURT OF
THE CITY OF NEW YORK AS PROVIDED IN ARTICLE TWENTY-ONE-A  OF  THE  CIVIL
PRACTICE LAW AND RULES.

S. 5833                            16

  2.  FOR  PURPOSES  OF  THIS  SECTION,  "ELECTRONIC  MEANS" SHALL BE AS
DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL
PRACTICE LAW AND RULES.
  S  9.  The  surrogate's court procedure act is amended by adding a new
section 107 to read as follows:
S 107. USE OF ELECTRONIC FILING AUTHORIZED
  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE CHIEF ADMINISTRATOR
OF THE COURTS MAY AUTHORIZE A PROGRAM IN THE USE OF ELECTRONIC MEANS  IN
THE  SURROGATE'S  COURT AS PROVIDED IN ARTICLE TWENTY-ONE-A OF THE CIVIL
PRACTICE LAW AND RULES.
  2. FOR PURPOSES OF  THIS  SECTION,  "ELECTRONIC  MEANS"  SHALL  BE  AS
DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THE CIVIL
PRACTICE LAW AND RULES.
  S  10.  (a) Where rules authorizing a program in the use of electronic
means for any purpose and in any court were  promulgated  by  the  chief
administrator  of  the  courts  pursuant  to law on or before August 31,
2015, and such rules were in effect  on  such  date,  such  rules  shall
remain in effect unless modified or abrogated by the chief administrator
pursuant to law as provided in this act.
  (b)  Notwithstanding  the provisions of any other law, no party or his
or her counsel shall be charged a fee for viewing information  filed  by
electronic  means,  or  for  downloading  or  printing  such information
through the use of such party's or counsel's own  equipment.  The  chief
administrator of the courts shall ensure that sufficient computer termi-
nals and staff are available at the courthouse of each court participat-
ing in the program in the use of electronic means, to enable parties and
their  counsel to access information, subject to the provisions of arti-
cle 21-A of the civil practice law and rules, section 10.40 of the crim-
inal procedure law and subdivision (b) of  section  214  of  the  family
court  act,  and laws governing the sealing and confidentiality of court
records, filed by electronic means at such courthouse in  a  prompt  and
convenient manner.
  S  11.  This act shall take effect immediately; provided that sections
four, five, six and seven  of  this  act  shall  expire  and  be  deemed
repealed  September 1, 2019; and provided that paragraph 2-a of subdivi-
sion (b) of section 2111 of the civil practice law and rules,  as  added
by  section two of this act, shall expire and be deemed repealed Septem-
ber 1, 2017.

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The New York State Senate

senate Bill S5833

Sponsored By

Archive: Last Bill Status Via A8083 - Signed by Governor

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Votes

Jun 18, 2015 - floor Vote

Floor Vote: Jun 18, 2015

Jun 18, 2015 - Rules committee Vote

Rules Committee Vote: Jun 18, 2015

S5833 (ACTIVE) - Details

S5833 (ACTIVE) - Summary

S5833 (ACTIVE) - Sponsor Memo

S5833 (ACTIVE) - Bill Text download pdf

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senate Bill S5833

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Sponsored By

John J. Bonacic

Archive: Last Bill Status Via A8083 - Signed by Governor

Your Voice

Actions

Votes

Jun 18, 2015 - floor Vote

Floor Vote: Jun 18, 2015

Jun 18, 2015 - Rules committee Vote

Rules Committee Vote: Jun 18, 2015

S5833 (ACTIVE) - Details

S5833 (ACTIVE) - Summary

S5833 (ACTIVE) - Sponsor Memo

S5833 (ACTIVE) - Bill Text download pdf

Comments