Filing and Service By Electronic Means (E-filing)
In the Appellate Division, First Department, electronic filing (e-filing) through the New York State Courts Electronic Filing (NYSCEF) system commenced in March 2018 with appeals in commercial matters. Mandatory e-filing was expanded in July 2019 to all malpractice matters, in January 2020 to include all case types e-filed in the Supreme Court and contested matrimonial matters, and in June 2020 to all civil matters originating in the Supreme Court.
In July 2020, the Court expanded e-filing to matters originating in Supreme Court, Criminal Term, Family Court, Surrogate’s Court and Court of Claims. With the latest extension, e-filing is now mandatory in all matters before the First Department, except:
Original Special Proceedings; and
Attorney Matters.
Mandatory e-filing requires all documents, as defined in 22 NYCRR 1245.1(d), to be e-filed.
Under the Electronic Filing Rules of the Appellate Division (22 NYCRR § 1245.4), certain persons are exempt from e-filing.
Online Training
Free online training for attorneys and self-represented litigants is provided by the New York State Courts E-filing Resource Center. Pre-registration is required.
Formatting Specifications
General: In addition to the general formatting requirements set forth in Attachment A to the Electronic Filing Rules of the Appellate Division, all e-filed documents filed in the First Department shall comply with the formatting specifications set forth in the Court’s technical guideline for e-filed documents.
Motion Formatting: Motion papers shall be filed as one PDF, which shall contain bookmarks linking to each supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “Exhibit A – Notice of Appeal.”
Forms – Fillable Appellate Division e-filing forms .
Frequently Asked Questions (FAQ) – The FAQ contains the answers to frequently asked questions about e-filing in the First Department.