Assembly Bill A11389

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11389
 
                           I N  A S S E M B L Y
 
                               May 15, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
   (at request of the Unified Court System) -- read once and referred  to
   the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules and the criminal proce-
   dure law, in relation to electronic filing for the court of appeals
 
   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
 section 2113 to read as follows:
   § 2113. FILING OF PAPERS IN THE COURT OF APPEALS BY ELECTRONIC  MEANS.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, AND EXCEPT AS OTHERWISE
 PROVIDED IN SUBDIVISION (C) OF SECTION TWENTY-ONE HUNDRED ELEVEN OF THIS
 ARTICLE, THE COURT OF APPEALS MAY PROMULGATE RULES AUTHORIZING  THE  USE
 OF  ELECTRONIC  MEANS  FOR: (I) THE FILING AND SERVICE OF BRIEFS IN SUCH
 COURT, (II) THE FILING AND SERVICE OF MOTIONS TO SUCH  COURT,  INCLUDING
 FOR PERMISSION TO APPEAL TO SUCH COURT, (III) SEEKING REVIEW OF A DETER-
 MINATION OF THE STATE COMMISSION ON JUDICIAL CONDUCT PURSUANT TO SECTION
 FORTY-FOUR  OF  THE  JUDICIARY LAW, (IV) THE CERTIFICATION AND CONSIDER-
 ATION OF QUESTIONS FROM THE SUPREME COURT OF THE UNITED STATES, A  COURT
 OF  APPEALS OF THE UNITED STATES OR AN APPELLATE COURT OF LAST RESORT OF
 ANOTHER STATE, AND (V) THE FILING  AND  SERVICE  OF  PAPERS  IN  PENDING
 MATTERS.  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 PARTICIPATE IN THE USE OF ELECTRONIC MEANS  AS
 DESCRIBED IN THIS SECTION. BEFORE PROMULGATING ANY SUCH RULES, THE COURT
 OF  APPEALS  SHALL  PROVIDE AN OPPORTUNITY FOR REVIEW AND COMMENT BY ALL
 THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH RULES, INCLUDING BAR  ASSOCI-
 ATIONS;  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 ELECTRONIC FILING PROGRAMS
 THAT HAVE BEEN IMPLEMENTED OR WHO MAY BE  AFFECTED  BY  PROMULGATION  OF
 RULES  CONCERNING  THE USE OF ELECTRONIC FILING IN THE COURT OF APPEALS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15358-01-6
 A. 11389                            2
 
 AND ANY OTHER PERSONS FOR WHOM SUCH NOTICE IS DEEMED TO  BE  APPROPRIATE
 BY  THE  COURT OF APPEALS. FOR PURPOSES OF THIS SECTION, THE TERM "ELEC-
 TRONIC MEANS" SHALL HAVE THE MEANING ASCRIBED TO IT IN PARAGRAPH TWO  OF
 SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE OF THIS CHAPTER.
   §  2.  The  criminal  procedure law is amended by adding a new section
 460.91 to read as follows:
 § 460.91 FILING OF PAPERS ON APPEAL TO THE COURT OF APPEALS BY ELECTRON-
            IC MEANS.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COURT OF  APPEALS  MAY
 PROMULGATE  RULES  AUTHORIZING  A PROGRAM IN THE USE OF ELECTRONIC MEANS
 FOR FILING AND SERVING BRIEFS AND APPLICATIONS FOR CERTIFICATES GRANTING
 LEAVE TO APPEAL IN ACCORDANCE WITH THE PROVISIONS OF SECTION  TWO  THOU-
 SAND  ONE  HUNDRED  THIRTEEN  OF  THE CIVIL PRACTICE LAW AND RULES. SUCH
 RULES SHALL NOT REQUIRE AN  UNREPRESENTED  PARTY  OR  ANY  ATTORNEY  WHO
 FURNISHES A CERTIFICATION SPECIFIED IN SUBPARAGRAPH (I) OR (II) OF PARA-
 GRAPH (C) OF SUBDIVISION TWO OF SECTION 10.40 OF THIS CHAPTER TO TAKE OR
 PERFECT  AN  APPEAL  BY  ELECTRONIC  MEANS. BEFORE PROMULGATING ANY SUCH
 RULES, THE COURT OF APPEALS SHALL PROVIDE AN OPPORTUNITY FOR REVIEW  AND
 COMMENT BY ALL THOSE WHO ARE OR WOULD BE AFFECTED BY SUCH RULES, INCLUD-
 ING  DISTRICT ATTORNEYS; REPRESENTATIVES OF THE OFFICE OF INDIGENT LEGAL
 SERVICES; NOT-FOR-PROFIT  LEGAL  SERVICE  PROVIDERS;  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 ORGANIZATIONS; UNAFFIL-
 IATED ATTORNEYS WHO REGULARLY APPEAR IN PROCEEDINGS THAT ARE OR WOULD BE
 AFFECTED BY SUCH ELECTRONIC FILING  RULES;  INTERESTED  MEMBERS  OF  THE
 CRIMINAL  JUSTICE  COMMUNITY; AND ANY OTHER PERSONS FOR WHOM SUCH NOTICE
 IS DEEMED TO BE APPROPRIATE BY THE COURT OF  APPEALS.  FOR  PURPOSES  OF
 THIS  SECTION,  THE  TERM  "ELECTRONIC  MEANS"  SHALL  HAVE  THE MEANING
 ASCRIBED TO IT IN PARAGRAPH TWO OF SUBDIVISION (F)  OF  RULE  TWENTY-ONE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.
   §  3.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law. Effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the implementation of this act on its effective date are authorized
 to be made and completed on or before such effective date.