The New York Appellate Division, Fourth Department announces expansion of e-filing categories starting October 1, 2019

The New York Appellate Division, Fourth Department recently announced that they are expanding the categories of appeals that will be required to e-file over the next few months. The notice is available here.

First Update – October 1, 2019

The first update is scheduled to occur on October 1, 2019. On that date, e-filing in the Fourth Department will be mandatory for all non-Family Court civil matters. With a few exceptions, e-filing in non-Family Court civil matters has been voluntary since January 1, 2019.

In addition, criminal appeals and appeals from Family Court will be allowed to voluntarily e-file if the notice of appeal is filed on or after October 1, 2019. If a party voluntarily e-files an appeal in one of these matters, they are required to serve upon the other party a notice of e-filing along with the Entry of Initial Information for Electronic Filing (22 NYCRR 1245.3). Voluntary participation in e-filing shall be done pursuant to 22 NYCRR 1245.4(d) which requires a party to:

1. Record his or her consent electronically in the manner provided at the NYSCEF site;
2. Register as an authorized e-filer with the NYSCEF site, and enter case and contact information about the particular cause; and
3. E-file documents as provided under 22 NYCRR Part 1245

Second Update – January 1, 2020

On January 1, 2020, the Fourth Department will require criminal appeals and Family Court appeals to e-file if the notice of appeal is filed on or after January 1, 2020. At that point, almost all categories of appeals will be required to e-file as long as they are not subject to any of the exemptions listed in 22 NYCRR 1245.4. The Fourth Department plans on expanding the rules to encompass the remaining categories that are not subject to e-filing sometime in early 2020.