§ 2111 — Filing of papers in the trial courts by facsimile transmission and by electronic means

§ 2111. Filing of papers in the trial courts by facsimile transmission\nand by electronic means. (a) Notwithstanding any other provision of\nlaw, the chief administrator of the courts, with the approval of the\nadministrative board of the courts, may promulgate rules authorizing a\nprogram in the use of facsimile transmission only in the court of claims\nand electronic means in the courts of New York having civil jurisdiction\nfor: (i) the commencement of civil actions and proceedings, and (ii) the\nfiling and service of papers in pending actions and proceedings.\nProvided, however, the chief administrator shall consult with the county\nclerk of a county outside the city of New York before the use of\nelectronic means is to be authorized hereunder in the supreme court or\nthe county court of such county, afford him or her the opportunity to\nsubmit comments with respect thereto, consider any such comments and\nobtain the agreement thereto of such county clerk.\n (b) 1. Participation in this program may be required or may be\nvoluntary as provided by the chief administrator, except that it shall\nbe strictly voluntary as to any party to an action or proceeding who is\nnot represented by counsel.\n 2. (A) Where participation in this program is to be voluntary:\n (i) commencement of an action or proceeding by facsimile transmission\nor electronic means shall not require the consent of any other party;\nnor shall a party's failure to consent to participation in an action or\nproceeding bar any other party to the action or proceeding from filing\nand serving papers by facsimile transmission or electronic means upon\nthe court or any other party to such action or proceeding who has\nconsented to participation;\n (ii) all parties shall be notified clearly, in plain language, about\ntheir options to participate in filing by electronic means;\n (iii) no party to an action or proceeding shall be compelled, directly\nor indirectly, to participate;\n (iv) where a party is not represented by counsel, the court shall\nexplain such party's options for electronic filing in plain language,\nincluding the option for expedited processing, and shall inquire whether\nhe or she wishes to participate, provided however the unrepresented\nlitigant may participate in the program only upon his or her request,\nwhich shall be documented in the case file, after said party has been\npresented with sufficient information in plain language concerning the\nprogram.\n (B) Where participation in this program is to be required:\n (i) such requirement shall not be effective in a court in a county\nunless, in addition to consulting with the county clerk of such county\nand obtaining his or her agreement thereto if the court is a supreme\ncourt or county court, the chief administrator shall:\n (1) first consult with members of the organized bar including but not\nlimited to city, state, county, and women's bar associations and, where\nthey practice in such court in such county, with (a) institutional\nservice providers, (b) not-for-profit legal service providers, (c)\nattorneys assigned pursuant to article eighteen-B of the county law, (d)\nunaffiliated attorneys who regularly appear in proceedings that are or\nhave been affected by a program of electronic filing in such county, and\n(e) any other persons as deemed to be appropriate by the chief\nadministrator;\n (2) afford all those with whom he or she consults pursuant to item one\nof this clause the opportunity to submit comments with respect to the\nprogram, which comments, including but not limited to comments related\nto unrepresented litigants, he or she shall consider and shall post for\npublic review on the office of court administration's website; and\n (ii) as provided in paragraph three of this subdivision, no party who\nis not represented by counsel nor any counsel in an affected case who\nopts out of participation in the program shall be required to\nparticipate therein.\n 3. Where the chief administrator requires participation in electronic\nfiling as provided in paragraph one of this subdivision, he or she shall\nafford counsel the opportunity to opt out of the program, via\npresentation of a prescribed form to be filed with the clerk of the\ncourt where the action is pending. Such form shall permit an attorney to\nopt out of participation in the program under any of the following\ncircumstances, in which event, he or she will not be compelled to\nparticipate:\n (A) where the attorney certifies in good faith that he or she lacks\nthe computer hardware and/or connection to the internet and/or scanner\nor other device by which documents may be converted to an electronic\nformat; or\n (B) where the attorney certifies in good faith that he or she lacks\nthe requisite knowledge in the operation of such computers and/or\nscanners necessary to participate. For the purposes of this\nsubparagraph, the knowledge of any employee of an attorney, or any\nemployee of the attorney's law firm, office or business who is subject\nto such attorney's direction, shall be imputed to the attorney.\n Notwithstanding any other provision of this subdivision, where a party\nis not represented by counsel, the clerk shall explain such party's\noptions for electronic filing in plain language and shall inquire\nwhether he or she wishes to participate, provided however the\nunrepresented litigant may participate in the program only upon his or\nher request after said party has been presented with sufficient\ninformation in plain language concerning the program; and a party not\nrepresented by counsel who has chosen to participate in the program\nshall be afforded the opportunity to opt out of the program for any\nreason via presentation of a prescribed form to be filed with the clerk\nof the court where the proceeding is pending; and a court may exempt any\nattorney from being required to participate in the program upon\napplication for such exemption, showing good cause therefor.\n (c) For purposes of this section, "the filing and service of papers in\npending actions and proceedings" shall include the filing and service of\na notice of appeal pursuant to section fifty-five hundred fifteen of\nthis chapter.\n