WWBA April 2018 Newsletter

April Litigation Tip
✦ E-FILING TECHNOLOGY REACHES OUR APPELLATE DIVISION!
On March 1, 2018, all four appellate departments approved mandatory electronic filing
rules for certain appellate cases. The rules apply to cases where the Notice of Appeal is
filed on or after March 1, 2018.*
The new electronic filing rules are codified at 22NYCRR Part 1245 and Attachment A
discusses the formatting rules for the documents that are electronically filed. The new
rules also can be found at www.nycourts.gov/RULES/jointappellate/
22NYCRRPart1245-03-01-2018A.pdf.
The rules do provide for personal exemptions at NYCRR 1245.4(a)(1) and (2) for the
unrepresented litigant and exempt attorneys are defined in the rules and CPLR
2111(b)(3)(a) or (B).
While all the electronic filings are through the NYSCEF system, each department has
very specific rules and differ as to what types of cases require electronic filing. The First
Department requires electronic filing for all appeals on commercial matters originating
in the Supreme Court, Bronx and New York Counties. The Second Department requires
electronic filing of all appeals in matters originating and electronically filed in
the Supreme Court and Surrogate’s Courts in Westchester County. The Third Department
requires electronic filing for all appeals in civil actions commenced by summons
and complaint in the Supreme Court originating in the Third Judicial District and the
Fourth Department requires electronic filing of all appeals in matters originating in, or
transferred to, the Commercial Division of the Supreme Court in the Fourth Judicial
Department.
It is also anticipated that each Department will gradually increase the types of appellate
cases which require electronic filing and therefore attorneys filing appeals should consult
the new rules frequently.
Additional information specific to each department can be accessed through the following
links:
❑ 1st Dept: http://www.nycourts.gov/courts/ad1/efiling.html
❑ 2nd Dept: http://www.nycourts.gov/courts/AD2/efiling
❑ 3rd Dept: http://www.nycourts.gov/courts/ad3
❑ 4th Dept: http://www.nycourts.gov/courts/efile
* Each Department has specific rules with regard to those cases where the Notice of Appeal was filed before
March 1, 2018 and the Appeal will be perfected before May 15, 2018.
Written by Angela Morcone Giannini, Co-Chair, Litigation Committee
Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan
Westchester Women’s Bar Association News
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