Expansion of E-filing in Appellate Division, First Department

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 originating in the Supreme Court, Bronx and New York Counties. In July 2019, mandatory e-filing was expanded to all malpractice matters and voluntary, consensual e-filing as permitted in all other tort matters originating in the Supreme Court, Bronx and New York Counties.

Expansion of E-Filing

The First Department is expanding the categories of appeals that will be subject e-filing. Beginning on January 1, 2020, e-filing will be mandatory in:

1. all case types e-filed (mandatory or consensual) in the Supreme Court, Bronx and New York Counties; and
2. Contested Matrimonial.

This expansion of mandatory e-filing will be effective as follows:

• Matters in which notices of appeal are dated on or after January 1, 2020;
• Matters in which notices of appeal are dated prior to January 1, 2020 and where the appeal will be perfected on or after March 1, 2020. In these matters, compliance with the requirements of 22 NYCRR 1245.3(a) (Entry of Initial Information for Electronic Filing) will be measured from January 1, 2020.
• Appeals in the above case types which have already been perfected are exempt from the mandatory e-filing requirements.

Mandatory e-filing requires all documents, as defined in 22 NYCRR 1245.1(d), to be e-filed.

For more information, go to http://www.courts.state.ny.us/courts/ad1/E-Filing/efiling.shtml