In 2018, the Appellate Division for the Second Judicial Department created the option to file court documents electronically. The option, known as “e-filing,” uses the New York State Courts Electronic Filing System (NYSCEF). It allows parties in appellate cases to file necessary documents electronically, eliminating the need for paper copies. 

In 2024, the Second Department made e-filing mandatory for all proceedings originating in the Second Department. All matters, except attorney matters, are now to be e-filed. 

E-filing offers several benefits for attorneys and petitioners in the Second Division. It can also pose some challenges. Here’s what those considering an appeal need to know.

The Origins of Appellate Division E-Filing

2018 was a big year for electronic filing in courts nationwide. On December 1, 2018, the U.S. Supreme Court amended the Federal Rules of Appellate Procedure to create a uniform system of electronic service and filing in the federal courts.

New York also took steps toward more complete, uniform use of electronic filing in 2018. NYSCEF launched e-filing in 2018, the same year the federal courts adopted a uniform rule for the practice. NYSCEF’s work supported the adoption of uniform electronic rules in New York’s Appellate Divisions, which occurred in December 2017.

Since then, all four Appellate Division departments in New York have embraced the system. Today, all four departments mandate the use of e-filing for some types of appeals.

E-Filing Expansions

As of July 1, 2024, the Second Department mandates e-filing via NYSCEF “in all matters originating and electronically filed” in the Supreme, Surrogate’s and Courts of Claims. The rule applies in all ten counties that fall within the Second Judicial Department. Family Court, criminal, and attorney matters do not fall under the mandatory e-filing rule.

When a matter is e-filed, the Second Department does not require paper copies. Filing the electronic copy is sufficient. The Court may, however, choose to request hard copies. Those preparing matters for e-filing should also be prepared to print and provide hard copies should the Court request them. 

Benefits of E-Filing for Attorneys and Petitioners

E-filing posed some challenges when it first appeared. Attorneys and litigants before the Court had to learn a new system of filing documents. Electronically filed documents must meet certain requirements unique to the electronic format, and those using the NYSCEF system had to learn how to navigate it.

As electronic filing became more common, its benefits became apparent. Attorneys and litigants can now submit documents to the Court from nearly any location with an Internet connection, making their work more flexible. Submission occurs at the speed of the online connection, preventing unnecessary delays due to office backlogs, traffic congestion, and other concerns. Paper copies now provide important backups, instead of being the only way to communicate essential information or comply with court requirements. And public documents related to court matters can now be viewed online.

Electronic filing is quicker for the Court and for those appearing before it. As a result, it helps streamline court matters, reaching decisions efficiently without sacrificing deliberation, evidence, or critical examination.

Addressing the Challenges of E-Filing

E-filing can also pose some challenges. The Appellate Division’s electronic filing rules provide an exemption for two groups likely to face issues with e-filing:

Self-represented litigants. Those representing themselves in the Second Judicial Department may face hurdles to e-filing, such as a lack of access to a computer. Recognizing this, the Second Department allows people representing themselves to file paper copies of documents if needed. These parties can also choose to e-file. 

Attorneys without the equipment or knowledge necessary to e-file. E-filing requires certain minimum computer equipment and skills. To ensure that all attorneys can adequately represent their clients, the Second Department allows attorneys to file paper versions of documents if they cannot access e-filing. 

The Appellate Division also provides rules for cases in which a technical issue prevents an attorney or litigant from filing their required documents. In this case, hard copies can be filed and served on the due date, with e-filing to occur within three days.

The Second Judicial Department provides fillable forms online that meet the PDF file format filing requirements. The NYSCEF Resource Center provides training and assistance. Those with questions can email efile@nycourts.gov or call (646) 386-3033.

Contact the Brill Legal Group, P.C. Today

Concerned about the e-filing requirement and its effect on your appeal? Speak to an experienced New York appellate attorney right away. 

The team at the Brill Legal Group, P.C. can address your concerns, represent your legal rights, and assist with filing in a timely manner. Contact us today!