Communicating and Interacting with the Courts during Covid-19

Communicating and Interacting with the Courts During Covid-19

            The emergence of Covid-19 has suddenly and drastically changed the way people around the world go about their daily lives.  For most, the transition to working from home, learning from home, quarantining from home, and communicating with the world from home has brought on new difficulties to routines that were taken for granted. 

Appellate lawyers have discovered that one of these routines included the once simple task of contacting and communicating with the courts.  When Governor Andrew Cuomo mandated limited in-person working capacities, courts implemented work-from-home provisions for their employees.  While such measures were both necessary and legally required, the sudden reduction of in-person personnel was a source of anxiety for members of the legal field who rely on court employee expertise to answer essential questions regarding procedures, in-person services, case updates and calendaring.  Add tolling provisions, new calendaring deadlines and varied paper copy requirements to the mix, and the New York appellate world essentially came to a halt, generating uncertainty and a plethora of questions among lawyers and court personnel alike.

            As the state has successfully flattened the curve of Covid-19, courts have begun to re-open in a cautious manner, allowing some personnel to return to in-person work, rescinding tolling orders, resuming case calendaring and accepting paper copies.  Despite this welcome bustle of activity, courts are still working with limited capacity, and our office often gets questions about the best way to reach someone at each court.  Below is a list of the best way to contact each court with questions about cases and current policies and procedures, as well any updates the courts have made to their in-person procedures for filings and oral arguments. 

New York State Court of Appeals:  https://www.nycourts.gov/ctapps/

Contacting the Court by phone remains the best way of communication at this time.

Main Number:  (518) 455-7700

Civil and Criminal Appeals:  Margaret Wood, Esq. (518) 455-7702

Edward Ohanian, Esq. (518) 455-770

Motions: Rachael MacVean, Esq. (518) 455-770

As of July 22, 2020, the Court is now open for in-person filings in accordance with Court guidelines.  Individuals will be screened at the Eagle Street entrance before entering the courthouse.  The Court is currently accepting filings by mail and electronic means, as permitted by Court rules.  In-person oral arguments are currently expected for the September session, subject to safety protocols.

Appellate Division, First Department:  http://www.courts.state.ny.us/courts/ad1/

Contacting the Court by phone remains the best way of communication at this time.

Main Number:  (212) 340-0400

Calendar:  (212) 340-0422

Motions:  (212) 340-0422

Beginning with the September 2020 Term and until further notice, the First Department will hold in-person oral arguments at the courthouse and remotely via Microsoft Teams. The Court will also be holding oral arguments four days per week — on Tuesdays, Wednesday and Thursdays at 2:00 p.m. and on Friday mornings at 10:00 a.m.  Oral arguments will be held in person every Wednesday and remotely on Tuesdays, Thursdays and Fridays.

Prior to entering the courthouse, all persons will be subject to Covid-19 screening and temperature checks.  Anyone subject to quarantine restrictions, experiencing Covid-19 symptoms, or who has tested positive within the previous 14 days (or come into close contact with anyone who has tested positive within the previous 14 days) will be denied entry into the building.  Additionally, everyone entering the building must wear a mask or facial covering and socially distance at all times while on the premises.

Additional information on oral arguments and court safety requirements can be found at http://www.courts.state.ny.us/courts/ad1/PDFs/AD1-2.0AugustUpdate.pdf.

As of July 27, 2020, the court expanded its e-filing requirements to include all matters originating in Bronx and New York counties except original special proceedings and attorney matters.  This mandate extends to pro se litigants, as well. 

The requirement to file hard copy papers, briefs and appendices remains suspended until further notice.

Appellate Division, Second Department: http://www.nycourts.gov/courts/ad2/index.shtml

While the Court will answer its phone lines, the best way to communicate with the Court at this time is via email.  Response times are usually within 12-24 hours, but often sooner.

 General Clerk’s Office: AD2-ClerksOffice@nycourts.gov (718) 722-6324

 Calendar: AD2-Calendars@nycourts.gov (718) 722-6312 or (718) 722-6513

Motions: AD2-Motions@nycourts.gov (motions and withdrawal of appeals)

  AD2-ExtensionOfTime@nycourts.gov (enlargements) (718) 722-6319

The Court is accepting paper copies of filed submissions but is not yet requiring them unless counsel is specifically directed otherwise.  As of September 8, 2020, counsel and pro se litigants who have properly requested oral argument will be given the option to argue in person, via Microsoft Teams, or on submission.  At this time, the general public is not allowed in the courthouse and all persons entering the building will be subject to temperature checks and health screening.  Click here for more information on the Court’s current policies and procedures for oral argument and entering the courthouse.

Appellate Division, Third Department:

http://www.courts.state.ny.us/ad3/

Contacting the Court by phone remains the best way of communication at this time, though personnel are also responding to emails.

Clerk’s Office:  (518) 471-4777 AD3ClerksOffice@nycourts.gov

Oral arguments for the August term are being heard via teleconference.  The Court is requiring paper filings, as per Court rules, and counsel and pro se litigants are permitted to enter the courthouse to deliver hard filings to the security desk if in-person delivery is desired. The fifth floor Clerk’s office is not yet open to non-personnel.

Appellate Division, Fourth Department: http://www.nycourts.gov/courts/ad4/index.shtm

Contacting the Court by phone remains the best way of communication at this time.

Main Switchboard:  (585) 530-3100

Calendar:  Lawrence X. Dalton, Esq. (585) 530-3116

 David A. Foster, Esq.  (585) 530-3142

Civil Motions:  Ivan Lee, Esq.  (585) 530-3012

Criminal Motions:  Charles Cercone, Esq.  (585) 530-3111

Family Court Motions:  Alan L. Ross, Esq.  (585) 530-3137

The court held remote oral arguments in June and July.  If paper copies of submissions are required per local rules, they are being accepted at this time.

Appellate Term, First Department:  http://ww2.nycourts.gov/courts/1jd/supctmanh/appellate_term.shtml#:~:text=Appeals%20in%20the%20Appellate%20Term,iii)%20a%20notice%20of%20argument.

Contacting the Court by phone remains the best way of communication at this time.

Clerk’s Office:  (646) 386-3040

The Court is accepting paper copies of certain filings only and counsel is advised to contact the clerk for further instruction on a specific case. The Court is requesting, though not requiring, email copies of documents to SFC-AT1@nycourts.gov.

The courthouse is open to the public, however physical access to the building is highly discouraged, and phone communications are preferred.

Appellate Term, Second Department:  https://www.nycourts.gov/courts/ad2/appellateterm.shtml

Contacting the Court by phone remains the best way of communication at this time.

Clerk’s Office:  (347) 401-9580

The Court is not accepting paper copies at this time.  Submissions are via digital portal at https://www.nycourts.gov/courts/ad2/Digital_Submission_AT2.shtml

The courthouse remains closed to the public.  Oral arguments will be held remotely.

United States Court of Appeals for the Second Circuit:  https://www.ca2.uscourts.gov/

Contacting the Court by phone remains the best way of communication at this time.

Clerk’s Office:  (212) 857-8585

                             (212) 857-8702

                            (212) 857-8662

Agency Appeals: (212) 857-8544

agencycases@ca2.uscourts.gov

Civil Appeals:  (212) 857-8576

civilcases@ca2.uscourts.gov

Criminal/Prisoner Appeals:  (212) 857-8515

criminalcases@ca2.uscourts.gov

As of June 22, 2020, the Court has resumed the acceptance of paper copies of documents pursuant to the Court rules.  The courthouse remains closed to the general public. 

Courts are continuously working within the confines of Covid-19 mandates, and everything is subject to change as conditions evolve, so patience and flexibility with the courts remains crucial.  The courts’ websites and publications remain the official means for information on updated policies and procedures but, as always, if you or your clients have any questions, AppealTech is here to help.