NEW YORK STATE COURTS ELECTRONIC FILING NYSCEF

Transcription

1 NEW YORK STATE COURTS ELECTRONIC FILING NYSCEF

2 TABLE OF CONTENTS 1. Program Highlights Page 3 2. Create an Account Page 4 3. Statement of Authorization for Electronic Filing Page 5 4. Notice of Electronic Filing (consensual) Pages Notice of Electronic Filing (mandatory) Pages Notice of Opt-Out Page Notice of Intent to Cease Electronic Filing Page Confirmation Notice Page Notification Page Notice of Hard Copy Submission Page Commonly Used Forms Page Resource Center Contact Sheet Page 16

3 NEW YORK STATE COURTS ELECTRONIC FILING Program Highlights Legislative Changes: CPLR Articles 3, 21, 80 Court Rules b, bb, aa, a, aa, a Basics: O Web-Based System O Access 24/7 O PDF/A Format O No Additional Fees O Signatures = ID & Password O Service Simplified O SS # GBL 399ddd(6) O Payment via Credit/Debit Card or at County Clerk/Court of Claims O Review by Court Clerk After Transmission O Notification of All Filings and Status via O E-Filing Mandatory in Certain Counties Equipment Needed: O Computer O Internet Access O Web Browser O Adobe Reader/Writer or Similar PDF/A Software O Scanner E-Filing Website: Resource Center: efile@nycourts.gov 3

4 Create Account If you are an attorney admitted to practice in New York State Click the link below to create an Attorney Online Services account, which will allow you to sign into both the NYSCEF and Online Attorney Registration systems. Create Attorney Online Services Account NOTE: If you already have an Attorney Online Services account (created for Attorney Registration), you can now log into NYSCEF using that registration number and password. If you are representing yourself without an attorney Click the link below to create an account for a Self Represented person. Create NYSCEF Account If you are NOT an attorney admitted to practice in New York State Click the link below to create an account for an attorney admitted Pro Hac Vice or an Authorized Agent. Create NYSCEF Account SCAR and Tax Certiorari Bulk Filing To obtain an account for bulk filings of Tax Certiorari or SCAR proceedings, contact the NYSCEF Resource Center NYSCEF Training Site NYSCEF has a training system, which mimics the live system. This training system allows you to practice in the NYSCEF application, performing all tasks that are available in the live system. A separate user name and password must be created for this site. Create a Training Account 4

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING (Single Attorney Authorizing Individual Filing Agent) I,, Esq., ( Attorney Registration No. ) am an authorized user of the New York State Courts Electronic Filing System ( NYSCEF ) (User ID ). I hereby authorize ( the filing agent ) to utilize his/her NYSCEF filing agent ID to file documents on my behalf and at my direction in any e-filed matter in which I am counsel of record through the NYSCEF system, as provided in Section b of the Uniform Rules for the Trial Courts. This authorization extends to any consensual matter in which I have previously consented to e-filing, to any mandatory matter in which I have recorded my representation, and to any matter in which I may authorize the filing agent to record my consent or representation in the NYSCEF system. This authorization extends to any and all documents I generate and submit to the filing agent for filing in any such matter. This authorization, posted once on the NYSCEF website as to each matter in which I am counsel of record, shall be deemed to accompany any document filed in that matter by the filing agent. This authorization also extends to matters of payment, which the filing agent may make either by debiting an account the filing agent maintains with the County Clerk of any authorized e-filing county or by debiting an account I maintain with the County Clerk of any authorized e- filing county. This authorization regarding this filing agent shall continue until I revoke it in writing on a prescribed form delivered to the E-Filing Resource Center. Dated: Signature Print Name City, State and Zip Code Phone Firm/Department Address Street Address (6/6/13) 5

6 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF x Plaintiff/Petitioner, - against - Index No. Defendant/Respondent x NOTICE OF ELECTRONIC FILING You have received this Notice because:! The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts e-filing system, and! You are a Defendant/Respondent (a party) in this case. (CPLR 2111, Uniform Rule b) If you are represented by an attorney: give this Notice to your attorney (Attorneys: see Information for Attorneys pg. 2). If you are not represented by an attorney: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents in paper form. However, as a party without an attorney, you may participate in e-filing. You can: Benefits of E-Filing! serve and file your documents electronically! view your case file on-line! limit your number of trips to the courthouse! pay any court fees on-line. There are no additional fees to file, view, or print your case records. To sign up for e-filing or for more information about how e-filing works, you may:! visit: or! go to the Help Center or Clerk s Office at the court where the case was filed. To find legal information to help you represent yourself visit EF-3 6

7 Information for Attorneys An attorney representing a party who is served with this notice must either consent or decline consent to electronic filing and service through NYSCEF for this case. Attorneys registered with NYSCEF may record their consent electronically in the manner provided at the NYSCEF site. Attorneys not registered with NYSCEF but intending to participate in e-filing must first create a NYSCEF account and obtain a user ID and password prior to recording their consent by going to Attorneys declining to consent must file with the court and serve on all parties of record a declination of consent. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efile@nycourts.gov). Dated: Name Address Firm Name Phone To: 11/20/17 Index # EF-3 7

8 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF x Plaintiff/Petitioner, - against - Index No. Defendant/Respondent x NOTICE OF ELECTRONIC FILING You have received this Notice because:! The Plaintiff/Petitioner, whose name is listed above, has filed this case using the New York State Courts e-filing system, and! You are a Defendant/Respondent (a party) in this case. (CPLR 2111, Uniform Rule bb) If you are represented by an attorney: give this Notice to your attorney. (Attorneys: see Information for Attorneys pg. 2). If you are not represented by an attorney: you are not required to e-file. You may serve and file documents in paper form and you must be served with documents in paper form. However, as a party without an attorney, you may participate in e-filing. You can: Benefits of E-Filing! serve and file your documents electronically! view your case file on-line! limit your number of trips to the courthouse! pay any court fees on-line. There are no additional fees to e-file, view, or print your case records. To sign up for e-filing or for more information about how e-filing works, you may:! visit: or! go to the Help Center or Clerk s Office at the court where the case was filed. To find legal information to help you represent yourself visit Page 1 of 2 8 EFM-1

9 Information for Attorneys An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing requirements. [Section bb(e)] For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efile@nycourts.gov). Dated: Name Address Firm Name Phone To: 11/20/17 9 Index # Page 2 of 2 EFM-1

10 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF x - against - Plaintiff/Petitioner, Index No. Defendant/Respondent. x NOTICE OF OPT-OUT FROM PARTICIPATION IN ACTION SUBJECT TO MANDATORY ELECTRONIC FILING Attorneys or Authorized Representatives Pursuant to CPLR 2111(b)(3) and Uniform Rule bb, I hereby opt out of participation in electronic filing in this mandatory e-filed case. I certify in good faith that I am unable to participate in mandatory electronic filing of documents in this case on behalf of my client,, because: [Place your initials in the space(s) provided and check all boxes that apply] I lack: the necessary computer hardware a connection to the internet na scanner or other device by which documents may be converted to an electronic format OR I lack the knowledge regarding operation of computers and/or scanners needed to participate in electronic filing of documents in this case and no employee of mine or of my firm, office or business who is subject to my direction possesses such knowledge. Dated: (Signature) (Name) (Firm Name) (Address) (Phone) This form must be signed. All contact information must be provided, including the address at which hard-copy documents in this case should be served. This form must be filed with the clerk of the court where the action is pending and served on all parties. 10

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12 NYSCEF - Wayne County Supreme Court Confirmation Notice This is an automated response for Supreme Court cases. The NYSCEF site has received your electronically filed documents for the following case /2018 MARY JANE v. BETTY BOOP Assigned Judge: None Recorded Documents Received on 11/21/ :35 PM Doc # Document Type Motion # 2 NOTICE OF MOTION Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) 3 MEMORANDUM OF LAW Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) 4 EXHIBIT(S) A Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) 5 EXHIBIT(S) B Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) 6 RJI -RE: NOTICE OF MOTION Does not contain an SSN or CPI as defined in 202.5(e) or 206.5(e) Filing User Name: Phone #: Fax #: Two Trainee Address: Work Address: eftrain@nycourts.gov 125 Jordan Road Troy, NY Notifications An notification regarding this filing has been sent to the following address(es) on 11/21/ :35 PM : Trainee, Two - eftrain@nycourts.gov Training, Training - eftrain@nycourts.gov NYSCEF Resource Center - EFile@nycourts.gov Phone: (646) Fax: (212) Website: 12

13 Wayne County Supreme Court Notification of Filing 11/21/2018 NYSCEF Training System This has been created for training purposes in the NYSCEF Training System. The NYSCEF Training System has received documents from the filing user, Two Trainee, for the case listed below. Please retain this message for your records. Case Information Index #: /2018 Caption: MARY JANE v. BETTY BOOP Assigned Case Judge: No Judge Assigned Documents Received Doc # Document Received Date 2 NOTICE OF MOTION Relief Sought: Change Venue 11/21/ MEMORANDUM OF LAW 11/21/ EXHIBIT(S) A Incident Report 11/21/ EXHIBIT(S) B Medical Report 11/21/ RJI -RE: NOTICE OF MOTION 11/21/2018 Notifications Sent Name Address Training Training eftrain@nycourts.gov Two Trainee eftrain@nycourts.gov 13

14 NOTICE OF HARD COPY SUBMISSION - - E-FILED CASE (This Form Must be Annexed to Hard Copy Submissions in E-Filed Cases) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF x Plaintiff/Petitioner, - against - Index No. Defendant/Respondent. x When permitted to submit original hard copy documents in e-filed cases, indicate the reason for hard copy submission by checking the relevant box and signing below. Non-Participating Counsel The attached is a court original unless and until uploaded to NYSCEF. [ ] In a consensual case, I am authorized to and have served on all other parties a declination of consent to e-filing on behalf of my client, a party to this case. [ ] In a mandatory case, I am exempt from the requirement to e-file because I have filed with the clerk of the court where this action is pending the opt-out form required by the Rules or the court has granted my application upon good cause shown. Participating Counsel and Participating Unrepresented Litigants Submissions Requiring Subsequent E- Filing ( filer is responsible for upload to NYSCEF) [ ] I am submitting a proposed order to show cause and supporting papers seeking a TRO, together with the required showing that I or my client will be significantly prejudiced by giving notice. If the court directs service in hard copy only, I shall e-file these documents within 3 business days after service. [ ] I am filing this document in hard copy under the emergency exception and am submitting the required affirmation/affidavit of explanation. I shall, as required by the Rules, e-file these documents within 3 business days thereafter. [ ] I am filing this document in hard copy because of a technical failure on the e-filing site as defined in the E-Filing Rules. I shall, as required by the Rules, e-file these documents within 3 business days after restoration of normal operations at the site. [ ] I am submitting an ex parte application pursuant to statute. If these documents are served in hard copy only, I shall, as required by the E-Filing Rules, e-file these documents within 3 business days after service. Special Applications/Documents (filer may be responsible for upload to NYSCEF) [ ] I am applying for an orderf!sealing / rilimiting access to document(s) and I am submitting the application in hard copy form, as permitted by court protocol/procedure. [ ] I am submitting documents for ]n camera review. [ ] I am filing an exhibit that cannot be e-filed (Rule b(d)(6)). Dated: (Address) (Signature) (Name) (Firm Name) (Phone) ( ) 8/19/15 14

15 NYSCEF Commonly Used Forms EF-1: E-Filing User Registration Form An application form for a user ID to access the E-Filing System. The form is ONLY for pro hac, filing agent, and unrepresented (existing case) users. EF-7: Notification for Sealing Form used to Notify the County Clerks of a sealing order. EF-11: Change of Service Address Request Form Form necessary when changing service address. Important to keep updated information. EF-21: Notice of Hard Copy Exhibit Filing A fill-in-the-blank form to be completed and e-filed when authorized to submit exhibits in hard copy pursuant to Rule b. EF-22: Notice to County Clerk - CPLR 8019 A fill-in-the-blank form notifying the County Clerk of a court order directing that an entry be made to a case docket. This form is not used in all counties. Authorized Agent Forms The EF-12 through EF-20 are specific to Authorized Agent Filings. 15

16 NEW YORK STATE UNIFIED COURT SYSTEM E-FILING RESOURCE CENTER TELEPHONE NUMBER FAX NUMBER ADDRESS ADDRESS NY STATE SUPREME COURT CIVIL BRANCH ATTN: E-FILING RESOURCE CENTER 60 CENTRE STREET- ROOM 119M NEW YORK, NY WEBSITE Jeffrey Carucci DIRECTOR 16