If you are commencing a lawsuit in New York Supreme Court and want to take advantage of electronic filing one must be careful to follow Uniform Rule 202.5-b. Under the rule filing and service of papers by electronic means cannot be made by a party, nor can electronic service be made upon a party unless that party has consented to use of the system for they case in question. A written notice must be served on each party to the lawsuit and each party should indicate whether or not he or she consents to electronic case filing and service through the New York State Courts Electronic Case Filing System (“NYSCEF”)
Electronic case filing offers significant benefits for attorneys and litigants as it permits documents to be filed with the county clerk and the court and served between or among consenting parties. The documents can be posted online 24/7, 7 days a week. There is no fee to use the NYSCEF system whether for filing, service, or to consult the docket in the case. There is no fee to print documents from the docket. The normal filing fees required for all civil litigation matters must be paid however and this can be done electronically by credit or debit card.
If you are receiving the Notice detailing the availability of electronic case filing in New York Supreme Court it means that the plaintiffs and/or the plaintiffs attorney consents to e-filing and that he or she intend to use the New York State Courts Electronic Filing. Within 10 days after service of the Notice, the party served can consent to e-filing by filing with the court and serving on all parties of record a consent to e-filing, or if the party or attorney of record is an authorized e-filing user they can file the consent electronically in the manner provided at the NYSCEF site. If one of the parties, or fewer then all of the parties consent then the consenting parties can use NYSECF by an between those parties and everyone else can file and serve their documents through the Civil Practice Law & Rules.
Each participating attorney, unless already registered, or self represented party who wants to use NYSCEF must promptly complete and file a user registration form which is located in the forms section of the NYSCEF website and submit it to the New York State Case Electronic Filing Resource Center so that they can obtain the confidential filing user identification number and password necessary to use the system.
Below is the User Manual for New York State Courts Electronic Case Filing System:
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