Identifying E-Filed Cases
Cases Converted to E-File
E-File and the Court’s Case Management System
Filing of Papers Generally
Requests for Judicial Intervention
Notice of Medical Malpractice
Motions/Petitions on Notice
Long Form Orders on Motions
Orders to Show Cause
Marked Pleadings
Procedures Regarding Service On-Line
Sealing of Documents
Entry and Notice of Entry
Judgments and the Judgment Roll
Notices of Appeal and Appeal Papers

Identifying E-Filed Cases:

All authorized Torts, Commercial and Tax Certiorari cases may be commenced by E-Filing, however all parties must consent for the action to continue as an E-File case.

Cases Converted to E-File:

Cases originally commenced in hard-copy form but later converted to an E-File case, either by stipulation or order will bear a regular index number initially. The County Clerk will issue a new E-File index number.

E-File and the Court’s Case Management System:

At present, the E-File system is a filing system only. In contrast with the Federal software, it currently is not linked to the court’s case management system (CCIS), which serves as the basis for the generation of motion and other calendars.. Court staff will enter data in CCIS for E-File cases in the same way as is done with all other cases.

Filing of Papers Generally:

1. Fees: Court fees (e.g., RJI fee, motion fee) in E-Filed cases may be paid for on-line using a credit card. Papers may also be filed with the E-File system and the fee may be paid at the County Clerk’s Office. In the latter case, the paper is not considered to have been filed until payment of the fee has been tendered (see CPLR 304).
2. Papers to Be Filed to the System: All papers to be filed with the court in an E-Filed case shall be filed on-line with the E-File system except as directed by the court). Papers that attorneys would not ordinarily file with the court in a hard-copy case need not be filed in an E-Filed matter.
3. Filing With the System First; Deliver Courtesy Hard Copies: Thereafter: Generally speaking, unless otherwise directed or authorized by the court, counsel should file papers with the E-File system first and thereafter deliver any requested courtesy copy to the Chambers. Filing with the system permits counsel to serve the papers electronically pursuant to Section 202.5-b (f) of the Uniform Rules for the Trial Courts once consent to E-Filing has been filed on-line. Proof of service should be filed on-line.
   

Requests for Judicial Intervention:

A Request for Judicial Intervention (“RJI”) in an E-Filed case shall be submitted via the E-Filing System. When the RJI is approved, filed and paid for on-line, it will be forwarded to the relevant back office for random assignment of the case and processing of the document. In the case of RJIs seeking assignment to the Commercial Division, the filer must submit therewith, as required by the standards for assignment of cases to the Commercial Division (Uniform Rules 202.70 (d) (2)), a statement in support of the assignment. Again, all filings in E-File cases should bear the index number with the “E” suffix.

Notice of Medical Malpractice:

Upon the filing of a Notice of Medical Malpractice in an E-Filed case, The Certificate of Merit shall be filed as a separate document. Additionally, the Certificate of Merit must be filed at the time of the filing of the Notice of Medical Malpractice, not at a later time.

Motions/Petitions on Notice:

1. Motions/Petitions Returnable: The motions/petitions shall be filed on-line and the fee paid for either on-line by credit card or by the “Pay at the County Clerk’s Office” option. As motions and petitions are time sensitive, if opting to pay at the County Clerk’s Office payment MUST be made, if filed with a RJI, a minimum of nine business days prior to the applications return date and if filed post RJI, a minimum of five business days prior to the applications return date.
   
   a) RJI Motions/Petitions: Motions/Petitions in actions wherein a Justice has not been assigned and in which an RJI is filed, please check on-line or the Law Journal on the day following the date for which the motion is noticed. The name of the Justice assigned and the date the motion will appear on that Justice's calendar will be listed. All such unassigned applications must be filed a minimum of nine business days prior to the applications return date. Except in Tax Certiorari matters, any Request for Judicial Intervention shall be deemed to include a request for preliminary conference and shall be processed as such. (See 22NYCRR 202.8(f), 202.12(a) and 202.19).
   
   b) Post RJI Motions/Petitions: Motions/Petitions in actions wherein a Justice has been assigned must be made returnable before the appropriate Justice on their assigned motion day. Applications on notice in assigned cases must be filed a minimum of five business days prior to the return date.
   
   
2. Service: With regard to service of a motion/petition on notice in an E-Filed action, CPLR 2214(b) and NYCRR 202.5b(f) applies. Proof of service shall be filed on-line.
3. Exhibits: It is recommended that, whenever possible, attorneys submitting exhibits to the court on E-File cases make each exhibit a separate attachment to an affidavit/affirmation.
4. Sequence Number for E-File Motions: As in a regular case, each motion/proceeding filed on-line in an e-filed case is assigned an identifying motion number (a “Sequence Number,” e.g., Seq. No. 006)). The E-File system will prompt the filer to “tag” each new motion with a sequence number, which, of course, should be the next number in chronological order (order of filing with the system) after that of the previous motion as shown on the E-File case docket. In Queens County, cross-motions are not separately numbered, but, like opposition and reply papers, are collected under the sequence number of the motion to which they are addressed, and should be tagged by the filer accordingly.
   
5. Cross-Motions and Other Motion Papers to be Filed On-Line: Cross-motions and opposition and reply papers must be filed on-line. A fee must be paid on cross-motions and may be paid on-line
6. Courtesy Hard Copies: Upon request of chambers, exact hard copies of all papers on E-Filed motions shall be handed in at the call of the calender. These copies will not be filed with the resulting decision.
7. Results of E-File Submissions: The E-File system does not provide notice to counsel of all developments in all cases. Counsel must follow the normal procedures to determine, for instance, whether and when a motion was submitted.
8. Scanning and Transmission of Decisions: After the court issues a decision on a motion in a E-File case, it will forward the decision to the County Clerk’s office, which will promptly scan it, with County Clerk entry stamp, into the E-File system. The system will immediately transmit notice of this event via e-mail, including a link to the “entered” document, to all parties who have consented on-line in the particular case.
   

Long Form Orders on Motions:

If the court directs that an order be settled or submitted on a motion in an E-File case, the proposed order and any proposed counter-order shall be filed with the court on-line with proof of service. (If a decision refers to a proceeding on the record, a copy of the transcript must be submitted.) The Motion Support Office will then print out the proposed order and any proposed counter-order and will process the papers in the customary manner. As appropriate, the Clerk may make changes on the proposed order/counter-order by hand. Once a proposed order/counter-order in proper form has been submitted, the Clerk of the back office will forward a hard copy to the Justice for signature. After an order/counter-order has been signed, the County Clerk will scan it, with County Clerk entry stamp, into the E-File system, which will immediately transmit notice of this event via e-mail, including a link to the entered document, to all parties who have consented on-line in the case.

Orders to Show Cause:

1. Proposed OSC’s and Supporting Papers to be Filed On-Line; Alternative Submission by E-Mail: Proposed orders to show cause and supporting papers in an E-File case must be filed with the system by the applicant. Generally, it is expected that the proposed order and supporting papers will be filed on-line prior to review by the Ex Parte Office. There may, however, be instances in which a party, because of exigent or other circumstances, does not wish to provide advance notice to the adversary of a proposed order by filing it and supporting papers with the E-File system (which will generate an e-mail message to all parties). In those cases, the proposed order to show cause and supporting papers may be submitted to the Ex Parte Office by regular e-mail (i.e., outside the E-File system).
   An E-mail box for this office has been established at the following address:
   
   queensexparteef@courts.state.ny.us
   .
   In such instances, the applicant must file the proposed order and supporting papers with the E-File system after signature.
2. Review of Proposed OSC’s Will be Done On-Line: Absent unusual practical difficulties, a proposed order to show cause and supporting papers will be reviewed for form on-line in the Ex Parte Office.
3. Processing Proposed OSC’s: A proposed order to show cause requires a judicial signature. Thus, after the proposed order to show cause has been transmitted to court and approved for form by the Ex Parte Office and the motion fee has been paid, the Ex Parte Office will print out a hard copy of the proposed order to show cause and transmit to the appropriate Justice for signature. Further, if a TRO is sought in a Commercial Division case, Rule 20 of the Division’s Rules contemplates an appearance by the applicant and requires that the applicant notify the opposing party that an application will be made so as to permit that party to appear and contest the application.
4. Posting the Signed OSC’s to the E-File Sysytem: In all instances, Chambers will promptly forward to the Motion Support Office the order to show cause as marked up and signed by the Justice. After processing, the Motion Support Office will file the signed order to show cause with the County Clerk. In the event that any supporting papers were not previously posted, counsel will be directed to make such posting.
   

Marked Pleadings:

All marked pleadings must be E-Filed prior to trial. Upon request, exact hard copies of the marked pleadings shall be provided to the Court.

Procedures Regarding Service On-Line

1. Service of Initiating Documents in an Action: Initiating documents may be served in hard copy pursuant to Article 3 of the CPLR, or in tax certiorari cases, pursuant to the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. A party served by electronic means shall, within 24 hours of service, provide the serving party or attorney with an electronic confirmation that the service has been effected.
2. Service of Interlocutory Documents
   a.) E-mail address for service: Each party in the action subject to electronic filing that has consented thereto shall identify on an appropriate form an e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the e-filing Internet site (hereinafter the “e-mail service address”). Each attorney of record and each self represented party shall promptly notify the appropriate clerk in the event he or she changes his or her e-mail service address.
   b.) How service is made: Where parties have consented to e-filing, upon the receipt of an interlocutory document by the e-filing Internet site, the site shall automatically transmit electronic notification to all e-mail service addresses. Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom the notification is sent. Each party receiving the notification shall be responsible for the accessing the e-filing Internet site to obtain a copy of the document received. The electronic transmission of the notification shall constitute service of the document on the e-mail service addresses identified therein, except that such service will not be effective if the filing party learns that it did not reach the address of the person to be served. Proof of such service will be recorded on the e-filing Internet site. A party may, however, utilize other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of service shall be filed electronically.
   
   

Sealing of Documents:

1. Sealing - Compliance with Part 216: In order to seal a paper in an E-File case, a party must proceed in accordance with Part 216 of the Uniform Rules for the Trial Courts.
2. Secure Documents: Documents may, however, be designated “secure” by the filing user without an order of the court. The effect of such designation is that the document may be viewed in the E-File system only by the parties to the case who have consented to E-Filing and by the court. The electronic file, however, remains open for public inspection via computer at the courthouse (unless sealed in accordance with Part 216).
3. Sealing; Procedures: If a party wishes to file and maintain papers under seal and no sealing order has been issued in the case, the party must, either by motion or on submission to the court of a stipulation, obtain a court order directing the County Clerk to seal the file. The court will conduct a Part 216 analysis in deciding whether to issue such an order. If the motion/stipulation is filed with the E-File system, it will be open to the public until a sealing order is issued. If this creates concern for the parties about the release of confidential information in the meantime, they may wish to consider filing the motion/stipulation as a “secure” document if that is appropriate. Or, the motion/stipulation may be filed with the system but without the attachment of any exhibits that would disclose confidential information. If the file is sealed in whole or in part, the exhibits can be filed with the E-File system after the fact. Or the parties may make a motion or submit a stipulation without filing it to the system until after the court rules on the sealing issue if such filing would disclose confidential information.
4. Execution of Sealing Order: If the court issues an order directing the sealing of an E-File in whole or in part, the party seeking the sealing should file with the E-File system a Certificate Requesting Sealing of Document in Electronically-Filed Case, together with a copy of the court’s order. This form is available from the E-File website by clicking on the link above. If such a request is properly made, the County Clerk will seal the file or the document(s) in question as directed by the court, both in the E-File system and, if any of the covered documents are found therein, in the hard copy file.
5. Previously Sealed File: If a case that was previously sealed pursuant to court order is converted to E-File status, counsel for the parties should promptly file with the County Clerk’s Office that an order sealing the file was issued. Counsel are advised to contact the Office by e-mail or phone and must submit a copy of the sealing order by posting it to the E-File system. Upon such submission, E-File will be sealed.
   
   

Entry and Notice of Entry:

1. Entry: Pursuant to the E-File Rules (Section 202.5-b (h), the Clerk shall file orders electronically and such filing shall constitute entry of the order. The Clerk is required to and will transmit an e-mail message to all filing users on the case notifying that the order has been entered. Such notice does not constitute service of notice of entry by any party.
2. Notice of Entry: Notice of entry is served by a party as follows: the party simply transmits electronically to the parties to be served the notification received from the court, along with an express statement that the transmittal constitutes notice of entry

Judgments and the Judgment Roll:

1. Entry of Judgment; Procedures: If the court in an order directs entry of judgment by the County Clerk, the party seeking entry shall submit a proposed judgment with bill of costs, interest calculations and supporting information to the County Clerk, together with a Certificate Requesting Entry of Judgment.
   These papers should be sent by e-mail outside the FBEM system to the following e-mail box:
   
   qnsjfbem@courts.state.ny.us
   
   The Judgment Clerk will promptly communicate with counsel by e-mail or phone in the event of any difficulties with the submission. Once the judgment is in proper form, it will be printed out by the Judgment Clerk and submitted to the County Clerk for signature. The Judgment Clerk will scan the judgment once signed and post it to the system, along with the supporting information, at which time notification will be sent via e-mail to all consenting users
2. Default Judgment; Entry by Clerk: If the plaintiff in an E-File case seeks entry of a default judgment by the Clerk pursuant to CPLR 3215, the attorney should either transmit to the E-File system a proposed Clerk’s default judgment with bill of costs, etc. and the Certificate Requesting Entry of Judgment, or forward these documents to the Clerk outside the E-File system to the cited e-mail box. Where the submissions are made to the E-File system, the Judgment Clerk will promptly enter the judgment or will communicate with the filer by phone or e-mail if a problem is detected. If the submission is made to the e-mail box outside, the Judgment Clerk will promptly communicate with counsel by e-mail or phone advising that the submission is in proper form or pointing out any defects. Once the submission has been approved, the attorney should file on the E-File system the proposed Clerk’s default judgment with bill of costs, etc. and Certificate. To enter the judgment the Clerk will print out the judgment from E-File system have it signed, and scan it to the system.
3. Judgments Signed by Court: In some instances, the court itself may sign the judgment. Calculation of disbursements, costs and interest will generally be left to the County Clerk by the court. Papers supporting such calculation may be submitted to the County Clerk in the same manner as described above.
4. Judgment Roll: Whenever a judgment is to be entered, a judgment roll must be created by counsel or the clerk (CPLR 5017 (a)). Counsel shall submit the Certificate Requesting Entry of Judgment and shall identify therein, by title of the paper, number of the paper on the E-File List of Papers Filed, and date filed, all e-filed documents that should form part of the judgment roll. Any documents that were filed in hard-copy form only that are to be included in the judgment roll should be scanned into the system by counsel and included in the Certificate. The County Clerk will post the Certificate on-line once approved and this will constitute the judgment roll.
5. Entry of Judgment: Once the County Clerk has taxed costs and disbursements and calculated interest and has in hand a signed judgment, the Clerk will stamp the judgment with the County Clerk file stamp and scan the judgment to the system. This constitutes entry. The County Clerk is required to and will transmit an e-mail message to all filing users on the case notifying that the judgment has been entered. This notice does not constitute service of notice of entry by any party
   

Notices of Appeal and Appeal Papers:

1. Notice of Appeal; Payment of Fee: A notice of appeal shall be filed on-line in an E-File case. The fee therefor must be paid by credit card on-line or by means of the “Pay at the County Clerk’s Office” option. In the latter situation, the notice will not be considered “filed” until payment of the fee is tendered to the County Clerk at the office.
2. Notice of Appeal; Procedures: The notice shall be filed together with a pre-argument statement and a copy of the judgment or order appealed from. The other parties to the case may be served on-line in the manner described above. Proof of service must also be filed on-line . The County Clerk will print a hard copy of any e-filed notice of appeal and include it in the County Clerk file.
3. E-File; Appellate Division: At present, the Appellate Division, Second Department does not handle appeals in E-File cases by electronic means. Counsel are advised to consult the rules of that court and to confer with the County Clerk.