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Commercial Division Blog

Current Developments in the Commercial Divisions of the
New York State Courts by Schlam Stone & Dolan LLP
Posted: April 2, 2020

New York Courts Clarify E-Filing Rules for Essential Matters

The New York State courts have issued guidance and a new form relating to the filing of papers in essential matters. That guidance provides:

Non-essential matters will NOT be accepted for Filing

Due to the suspension of civil statutes of limitation by the Governor’s executive order 202.8, and in accordance with administrative order AO/78/20 all Court filings, either e-filed or hard copy, that are not essential matters will NOT be accepted.Persons who believe that a specific pending or new matter should be included in this highly restrictive group should apply to the court for this designation by emergency application by Order to Show Cause, including a detailed explanation of the applicant’s rationale.

NEW Cover page REQUIRED for Essential Matters

NOTE: As stated on the Courts Website : With respect to AO/78/20 Exhibit A section E -Persons who believe that a specific pending or new matter should be included in this highly restrictive “essential matters” group should apply to the court for this designation by emergency application by order to show cause, including a detailed explanation of the applicant’s rationale.

In order to assist in identifying those matters that are essential and being filed in accordance with AO/78/20 Exhibit A section E a new cover page has been created which must be filed along with any filing and must either: (1) specify that a court has deemed the matter essential, in which case the filer must indicate the method of prior approval, or (2) that the papers being filed seek such a designation.

The new Cover Page can be found on the FORMS page

EXPANSION OF E-FILING

Effective immediately AO/81A/2020 confirms and extends e-filing programs for consensual use of E-Filing to matters set forth in AO/78/20 Exhibit A (and any other matters herein after deemed by the Chief Administrative Judge to be essential proceedings during the coronavirus public health emergency) in all counties currently authorized to file by electronic means.

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