Bill Text: NY A10350 | 2023-2024 | General Assembly | Introduced
Bill Title: Relates to filing by electronic means.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-28 - ordered to third reading rules cal.222 [A10350 Detail]
Download: New_York-2023-A10350-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10350 IN ASSEMBLY May 18, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Shimsky) -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary AN ACT to amend the judiciary law, the civil practice law and rules, the court of claims act, the New York city criminal court act, the uniform district court act, the uniform city court act, the uniform justice court act, the criminal procedure law and the family court act, in relation to filing by electronic means; to amend chapter 237 of the laws of 2015 amending the judiciary law, the civil practice law and rules and other laws relating to the use of electronic means for the commencement and filing of papers in certain actions and proceedings, in relation to the effectiveness thereof; and to repeal certain provisions of the civil practice law and rules, the criminal procedure law and the family court act, relating to court filings The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Clause (A) of subparagraph (i) and subparagraphs (iv), (v) 2 and (vi) of paragraph (u) of subdivision 2 of section 212 of the judici- 3 ary law, clause (A) of subparagraph (i) as amended by chapter 99 of the 4 laws of 2017, subparagraphs (iv), (v) and (vi) as added by chapter 237 5 of the laws of 2015 and such paragraph as relettered by section 1 of 6 part BB of chapter 55 of the laws of 2017, are amended to read as 7 follows: 8 (A) Not later than February first in each calendar year, the chief 9 administrator of the courts shall submit to the legislature, the gover- 10 nor and the chief judge of the state a report evaluating the state's 11 experience with programs in the use of electronic means for the 12 commencement of actions and proceedings and the service of papers there- 13 in as authorized by law and containing such recommendations for further 14 legislation as he or she shall deem appropriate. In the preparation of 15 such report, the chief administrator shall consult with each county 16 clerk in whose county a program has been implemented in [civil cases in] 17 the supreme [court] and/or county court, each district attorney in whose 18 county a program has been implemented in criminal cases in the courts of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03573-01-3A. 10350 2 1 such county, the advisory committees established pursuant to subpara- 2 graphs (ii) through (vi) of this paragraph, the organized bar including 3 but not limited to city, state, county and women's bar associations; the 4 office of indigent legal services; institutional legal service provid- 5 ers; not-for-profit legal service providers; public defenders; attorneys 6 assigned pursuant to article eighteen-B of the county law; unaffiliated 7 attorneys who regularly appear in proceedings that are or have been 8 affected by any programs that have been implemented or who may be 9 affected by the proposed recommendations for further legislation; repre- 10 sentatives of victims' rights organizations; and any other persons in 11 whose county a program has been implemented in any of the courts therein 12 as deemed to be appropriate by the chief administrator, and afford them 13 an opportunity to submit comments with respect to such implementation 14 for inclusion in the report and address any such comments. 15 Public comments shall also be sought via a prominent posting on the 16 website of the office of court administration. All comments received 17 from any source shall be posted for public review on the same website. 18 (iv) The chief administrator shall maintain an advisory committee to 19 consult with him or her in the implementation of laws affecting the 20 program in the use of electronic means for the commencement of civil 21 actions and proceedings and the service and filing of papers therein in 22 the civil court of the city of New York, the district courts, the city 23 courts outside New York city, and the town and village justice courts. 24 This committee shall consist of such number of members as the chief 25 administrator shall designate, among which there shall be the chief 26 clerk of the civil court of the city of New York; one or more chief 27 clerks of the district courts, the city courts outside New York city, 28 and the town and village justice courts; the president of the state 29 magistrates' association or his or her designee; representatives of the 30 organized bar including but not limited to city, state, county and 31 women's bar associations; [attorneys who regularly appear in actions32specified in subparagraph (C) of paragraph two of subdivision (b) of33section twenty-one hundred eleven of the civil practice law and rules;] 34 and unaffiliated attorneys who regularly appear in proceedings that are 35 or have been affected by the programs that have been implemented or who 36 may be affected by any recommendations for further legislation concern- 37 ing the use of electronic means for the commencement of actions and 38 proceedings and the service and filing of papers therein in [the civil39court of the city of New York] any of the courts specified in this 40 subparagraph; and any other persons as deemed appropriate by the chief 41 administrator. Such committee shall help the chief administrator to 42 evaluate the impact of such electronic filing program on litigants 43 including unrepresented parties, practitioners and the courts and to 44 obtain input from those who are or would be affected by such electronic 45 filing program, including unrepresented parties, city, state, county and 46 women's bar associations; institutional legal service providers; not- 47 for-profit legal service providers; attorneys assigned pursuant to arti- 48 cle eighteen-B of the county law; unaffiliated attorneys who regularly 49 appear in proceedings that are or have been affected by the programs 50 that have been implemented or who may be affected by any recommendations 51 for further legislation concerning the use of the electronic filing 52 program in any of the [civil court of the city of New York] courts spec- 53 ified in this subparagraph; and any other persons in whose county a 54 program has been implemented in any of the courts therein as deemed to 55 be appropriate by the chief administrator.A. 10350 3 1 (v) The chief administrator shall maintain an advisory committee to 2 consult with him or her in the implementation of laws affecting the 3 program in the use of electronic means for the commencement of criminal 4 actions and the filing and service of papers in pending criminal actions 5 and proceedings[, as first authorized by paragraph one of subdivision6(c) of section six of chapter four hundred sixteen of the laws of two7thousand nine, as amended by chapter one hundred eighty-four of the laws8of two thousand twelve, is continued]. The committee shall consist of 9 such number of members as will enable the chief administrator to obtain 10 input from those who are or would be affected by such electronic filing 11 program, and such members shall include county clerks; chief clerks of 12 supreme, county and other courts; district attorneys; representatives of 13 the office of indigent legal services; not-for-profit legal service 14 providers; public defenders; statewide and local specialty bar associ- 15 ations whose membership devotes a significant portion of their practice 16 to assigned criminal cases pursuant to subparagraph (i) of paragraph (a) 17 of subdivision three of section seven hundred twenty-two of the county 18 law; institutional providers of criminal defense services and other 19 members of the criminal defense bar; representatives of victims' rights 20 organizations; unaffiliated attorneys who regularly appear in 21 proceedings that are or would be affected by such electronic filing 22 program and other interested members of the criminal justice community. 23 Such committee shall help the chief administrator to evaluate the impact 24 of such electronic filing program on litigants including unrepresented 25 parties, practitioners and the courts and to obtain input from those who 26 are or would be affected by such electronic filing program, including 27 unrepresented parties, district attorneys, not-for-profit legal service 28 providers, public defenders, statewide and local specialty bar associ- 29 ations whose membership devotes a significant portion of their practice 30 to assigned criminal cases pursuant to subparagraph (i) of paragraph (a) 31 of subdivision three of section seven hundred twenty-two of the county 32 law; institutional providers of criminal defense services and other 33 members of the criminal defense bar, representatives of victims' rights 34 organizations, unaffiliated attorneys who regularly appear in 35 proceedings that are or would be affected by such electronic filing 36 program and other interested members of the criminal justice community. 37 (vi) The chief administrator shall maintain an advisory committee to 38 consult with him or her in the implementation of laws affecting the 39 program in the use of electronic means for the origination of [juvenile40delinquency] proceedings [under article three of the family court act41and abuse or neglect proceedings pursuant to article ten of the family42court act] in family court and the filing and service of papers in such 43 pending proceedings[, as first authorized by paragraph one of subdivi-44sion (d) of section six of chapter four hundred sixteen of the laws of45two thousand nine, as amended by chapter one hundred eighty-four of the46laws of two thousand twelve, is continued]. The committee shall consist 47 of such number of members as will enable the chief administrator to 48 obtain input from those who are or would be affected by such electronic 49 filing program, and such members shall include chief clerks of family 50 courts; representatives of authorized presentment and child protective 51 agencies; other appropriate county and city government officials; insti- 52 tutional providers of legal services for children and/or parents; not- 53 for-profit legal service providers; public defenders; representatives of 54 the office of indigent legal services; attorneys assigned pursuant to 55 article eighteen-B of the county law; and other members of the family 56 court bar; representatives of victims' rights organizations; unaffil-A. 10350 4 1 iated attorneys who regularly appear in proceedings that are or would be 2 affected by such electronic filing program; and other interested members 3 of the family practice community. Such committee shall help the chief 4 administrator to evaluate the impact of such electronic filing program 5 on litigants including unrepresented parties, practitioners and the 6 courts and to obtain input from those who are or would be affected by 7 such electronic filing program, including unrepresented parties, repre- 8 sentatives of authorized presentment and child protective agencies, 9 other appropriate county and city government officials, institutional 10 providers of legal services for children and/or parents, not-for-profit 11 legal service providers, public defenders, attorneys assigned pursuant 12 to article eighteen-B of the county law and other members of the family 13 court bar, representatives of victims' rights organizations, unaffil- 14 iated attorneys who regularly appear in proceedings that are or would be 15 affected by such electronic filing program, and other interested members 16 of the criminal justice community. 17 § 2. Subdivision (a) of section 2111 of the civil practice law and 18 rules, as added by chapter 237 of the laws of 2015, is amended to read 19 as follows: 20 (a) Notwithstanding any other provision of law, the chief administra- 21 tor of the courts, with the approval of the administrative board of the 22 courts, may promulgate rules authorizing a program in the use of facsim- 23 ile transmission only in the court of claims and electronic means in the 24 [supreme court, the civil court of the city of New York, surrogate's25courts and the court of claims] courts of New York having civil juris- 26 diction for: (i) the commencement of civil actions and proceedings, and 27 (ii) the filing and service of papers in pending actions and 28 proceedings. Provided, however, the chief administrator shall consult 29 with the county clerk of a county outside the city of New York before 30 the use of electronic means is to be authorized hereunder in the supreme 31 court or the county court of such county, afford him or her the opportu- 32 nity to submit comments with respect thereto, consider any such comments 33 and obtain the agreement thereto of such county clerk. 34 § 3. Paragraphs 1, 2 and 2-a of subdivision (b) of section 2111 of the 35 civil practice law and rules are REPEALED and two new paragraphs 1 and 2 36 are added to read as follows: 37 1. Participation in this program may be required or may be voluntary 38 as provided by the chief administrator, except that it shall be strictly 39 voluntary as to any party to an action or proceeding who is not repres- 40 ented by counsel. 41 2. (A) Where participation in this program is to be voluntary: 42 (i) commencement of an action or proceeding by facsimile transmission 43 or electronic means shall not require the consent of any other party; 44 nor shall a party's failure to consent to participation in an action or 45 proceeding bar any other party to the action or proceeding from filing 46 and serving papers by facsimile transmission or electronic means upon 47 the court or any other party to such action or proceeding who has 48 consented to participation; 49 (ii) all parties shall be notified clearly, in plain language, about 50 their options to participate in filing by electronic means; 51 (iii) no party to an action or proceeding shall be compelled, directly 52 or indirectly, to participate; 53 (iv) where a party is not represented by counsel, the court shall 54 explain such party's options for electronic filing in plain language, 55 including the option for expedited processing, and shall inquire whether 56 he or she wishes to participate, provided however the unrepresentedA. 10350 5 1 litigant may participate in the program only upon his or her request, 2 which shall be documented in the case file, after said party has been 3 presented with sufficient information in plain language concerning the 4 program. 5 (B) Where participation in this program is to be required: 6 (i) such requirement shall not be effective in a court in a county 7 unless, in addition to consulting with the county clerk of such county 8 and obtaining his or her agreement thereto if the court is a supreme 9 court or county court, the chief administrator shall: 10 (1) first consult with members of the organized bar including but not 11 limited to city, state, county, and women's bar associations and, where 12 they practice in such court in such county, with (a) institutional 13 service providers, (b) not-for-profit legal service providers, (c) 14 attorneys assigned pursuant to article eighteen-B of the county law, (d) 15 unaffiliated attorneys who regularly appear in proceedings that are or 16 have been affected by a program of electronic filing in such county, and 17 (e) any other persons as deemed to be appropriate by the chief adminis- 18 trator; 19 (2) afford all those with whom he or she consults pursuant to item one 20 of this clause the opportunity to submit comments with respect to the 21 program, which comments, including but not limited to comments related 22 to unrepresented litigants, he or she shall consider and shall post for 23 public review on the office of court administration's website; and 24 (ii) as provided in paragraph three of this subdivision, no party who 25 is not represented by counsel nor any counsel in an affected case who 26 opts out of participation in the program shall be required to partic- 27 ipate therein. 28 § 4. The opening paragraph of paragraph 3 of subdivision (b) of 29 section 2111 of the civil practice law and rules, as added by chapter 30 237 of the laws of 2015, is amended to read as follows: 31 Where the chief administrator [eliminates the requirement of consent] 32 requires participation in electronic filing as provided in paragraph 33 [two] one of this subdivision, he or she shall afford counsel the oppor- 34 tunity to opt out of the program, via presentation of a prescribed form 35 to be filed with the clerk of the court where the action is pending. 36 [Said] Such form shall permit an attorney to opt out of participation in 37 the program under any of the following circumstances, in which event, he 38 or she will not be compelled to participate: 39 § 5. Section 2112 of the civil practice law and rules, as amended by 40 chapter 99 of the laws of 2017, is amended to read as follows: 41 § 2112. Filing of papers in the appellate division by electronic 42 means. Notwithstanding any other provision of law, and except as other- 43 wise provided in subdivision (c) of section twenty-one hundred eleven of 44 this article, the appellate division in each judicial department may 45 promulgate rules authorizing a program in the use of electronic means 46 for: (i) appeals to such court from the judgment or order of a court of 47 original instance or from that of another appellate court, (ii) making a 48 motion for permission to appeal to such court, (iii) commencement of any 49 other proceeding that may be brought in such court, and (iv) the filing 50 and service of papers in pending actions and proceedings. Provided 51 however, such rules shall not require an unrepresented party or any 52 attorney who furnishes a certificate specified in subparagraph (A) or 53 (B) of paragraph three of subdivision (b) of section twenty-one hundred 54 eleven of this article to take or perfect an appeal by electronic means. 55 Provided further, however, before promulgating any such rules, the 56 appellate division in each judicial department shall consult with theA. 10350 6 1 chief administrator of the courts and shall provide an opportunity for 2 review and comment by all those who are or would be affected including 3 city, state, county and women's bar associations; institutional legal 4 service providers; not-for-profit legal service providers; attorneys 5 assigned pursuant to article eighteen-B of the county law; unaffiliated 6 attorneys who regularly appear in proceedings that are or have been 7 affected by the programs that have been implemented or who may be 8 affected by promulgation of rules concerning the use of the electronic 9 filing program in the appellate division of any judicial department; and 10 any other persons in whose county a program has been implemented in any 11 of the courts therein as deemed to be appropriate by any appellate divi- 12 sion. To the extent practicable, rules promulgated by the appellate 13 division in each judicial department pursuant to this section shall be 14 uniform and may apply to any appellate term established by an appellate 15 division. 16 § 6. Subdivision 1 of section 11-b of the court of claims act, as 17 added by chapter 237 of the laws of 2015, is amended to read as follows: 18 1. Notwithstanding any other provision of law, the chief administrator 19 of the courts[, with the approval of the administrative board of the20courts,] may authorize a program in the [voluntary] use of facsimile 21 transmission and electronic means in the court as provided in article 22 twenty-one-A of the civil practice law and rules. 23 § 7. The New York city criminal court act is amended by adding a new 24 section 42 to read as follows: 25 § 42. Use of electronic filing authorized. (1) Notwithstanding any 26 other provision of law, the chief administrator of the courts may 27 authorize a program in the use of electronic means in cases in the crim- 28 inal court of the city of New York as provided in section 10.40 of the 29 criminal procedure law. 30 (2) For purposes of this section, "electronic means" shall have the 31 same meaning as defined by subdivision (f) of rule twenty-one hundred 32 three of the civil practice law and rules. 33 § 8. The uniform district court act is amended by adding a new section 34 2103-a to read as follows: 35 § 2103-a. Use of electronic filing authorized. 36 (a) Notwithstanding any other provision of law, the chief administra- 37 tor of the courts may authorize a program in the use of electronic means 38 in civil cases in a district court as provided in article twenty-one-A 39 of the civil practice law and rules, and in criminal cases as provided 40 in section 10.40 of the criminal procedure law. 41 (b) For purposes of this section, "electronic means" shall have the 42 same meaning as defined by subdivision (f) of rule twenty-one hundred 43 three of the civil practice law and rules. 44 § 9. The uniform city court act is amended by adding a new section 45 2103-a to read as follows: 46 § 2103-a. Use of electronic filing authorized. 47 (a) Notwithstanding any other provision of law, the chief administra- 48 tor of the courts may authorize a program in the use of electronic means 49 in civil cases in a city court as provided in article twenty-one-A of 50 the civil practice law and rules, and in criminal cases as provided in 51 section 10.40 of the criminal procedure law. 52 (b) For purposes of this section, "electronic means" shall have the 53 same meaning as defined by subdivision (f) of rule twenty-one hundred 54 three of the civil practice law and rules. 55 § 10. The uniform justice court act is amended by adding a new section 56 2103-a to read as follows:A. 10350 7 1 § 2103-a. Use of electronic filing authorized. 2 (a) Notwithstanding any other provision of law, the chief administra- 3 tor of the courts may authorize a program in the use of electronic means 4 in civil cases in a justice court as provided in article twenty-one-A of 5 the civil practice law and rules, and in criminal cases as provided in 6 section 10.40 of the criminal procedure law. 7 (b) For purposes of this section, "electronic means" shall have the 8 same meaning as defined by subdivision (f) of rule twenty-one hundred 9 three of the civil practice law and rules. 10 § 11. Paragraph (a) of subdivision 2 of section 10.40 of the criminal 11 procedure law, as added by chapter 237 of the laws of 2015, is amended 12 to read as follows: 13 (a) Notwithstanding any other provision of law, the chief administra- 14 tor, with the approval of the administrative board of the courts, may 15 promulgate rules authorizing a program in the use of electronic means 16 ("e-filing") in the [supreme court and in the county court] courts of 17 New York having criminal jurisdiction for: (i) the filing with a court 18 of an accusatory instrument for the purpose of commencement of a crimi- 19 nal action or proceeding [in a superior court, as provided by articles20one hundred ninety-five and two hundred of this chapter], and (ii) the 21 filing and service of papers in pending [criminal] actions and 22 proceedings. Provided, however, the chief administrator shall consult 23 with the county clerk of a county outside the city of New York before 24 the use of electronic means is to be authorized hereunder in the supreme 25 court or county court of such county, afford him or her the opportunity 26 to submit comments with respect thereto, consider any such comments and 27 obtain the agreement thereto of such county clerk. 28 § 12. Paragraph (b) of subdivision 2 of section 10.40 of the criminal 29 procedure law is REPEALED and a new paragraph (b) is added to read as 30 follows: 31 (b) Participation in this program may be required or may be voluntary 32 as provided by the chief administrator, except that it shall be strictly 33 voluntary as to any party to an action or proceeding who is not repres- 34 ented by counsel unless such party, upon his or her request, chooses to 35 participate. 36 § 13. Paragraphs (c) and (d) of subdivision 2 of section 10.40 of the 37 criminal procedure law, as added by chapter 237 of the laws of 2015, are 38 relettered paragraphs (d) and (e) and a new paragraph (c) is added to 39 read as follows: 40 (c) (i) Where participation in this program is to be voluntary: (A) 41 filing an accusatory instrument by electronic means with the court for 42 the purpose of commencement of an action or proceeding shall not require 43 the consent of any other party; nor shall a party's failure to consent 44 to participation in an action or proceeding bar any other party to such 45 action or proceeding from filing and serving papers by facsimile trans- 46 mission or electronic means upon the court or any other party to such 47 action or proceeding who has consented to participation; 48 (B) all parties shall be notified clearly, in plain language, about 49 their options to participate in filing by electronic means; 50 (C) no party to an action or proceeding shall be compelled, directly 51 or indirectly, to participate; 52 (D) where a party is not represented by counsel, the court shall 53 explain such party's options for electronic filing in plain language, 54 including the option for expedited processing, and shall inquire whether 55 he or she wishes to participate, provided however the unrepresented 56 litigant may participate in the program only upon his or her request,A. 10350 8 1 which shall be documented in the case file, after said party has been 2 presented with sufficient information in plain language concerning the 3 program. 4 (ii) Where participation in this program is to be required: 5 (A) such requirement shall not be effective in a court in a county 6 unless, in addition to consulting with the county clerk of such county 7 and obtaining his or her agreement thereto if the court is a supreme 8 court or county court, the chief administrator shall: 9 (1) first consult with and obtain the agreement of the district attor- 10 ney and the criminal defense bar of such county, provide all persons and 11 organizations, or their representative or representatives, who regularly 12 appear in criminal actions or proceedings in the criminal courts of such 13 county with reasonable notice and opportunity to submit comments with 14 respect thereto and give due consideration to all such comments, and 15 consult with the members of the advisory committee specified in subpara- 16 graph (v) of paragraph (u) of subdivision two of section two hundred 17 twelve of the judiciary law; and 18 (2) afford all those with whom he or she consults pursuant to item one 19 of this clause the opportunity to submit comments with respect to the 20 program, which comments, including but not limited to comments related 21 to unrepresented litigants, he or she shall consider and shall post for 22 public review on the office of court administration's website; and 23 (B) as provided in paragraph (d) of this subdivision, no party who is 24 not represented by counsel nor any counsel in an affected case who opts 25 out of participation in the program shall be required to participate 26 therein. 27 § 14. The opening paragraph of paragraph (d) of subdivision 2 of 28 section 10.40 of the criminal procedure law, as added by chapter 237 of 29 the laws of 2015 and such paragraph as relettered by section thirteen of 30 this act, is amended to read as follows: 31 Where the chief administrator [eliminates the requirement of consent] 32 requires participation in electronic filing as provided in [subparagraph33(ii) of] paragraph (b) of this subdivision, he or she shall afford coun- 34 sel the opportunity to opt out of the program, via presentation of a 35 prescribed form to be filed with the court where the criminal action is 36 pending. Said form shall permit an attorney to opt out of participation 37 in the program under any of the following circumstances, in which event, 38 he or she will not be compelled to participate: 39 § 15. Subparagraph (ii) of paragraph (e) of subdivision 2 of section 40 10.40 of the criminal procedure law, as added by chapter 237 of the laws 41 of 2015 and such paragraph as relettered by section thirteen of this 42 act, is amended to read as follows: 43 (ii) Notwithstanding any other provision of this section, no paper or 44 document that is filed by electronic means in a criminal proceeding [in45supreme court or county court] shall be available for public inspection 46 on-line. Subject to the provisions of existing laws governing the seal- 47 ing and confidentiality of court records, nothing herein shall prevent 48 the unified court system from sharing statistical information that does 49 not include any papers or documents filed with the action; and, provided 50 further, that this paragraph shall not prohibit the chief administrator, 51 in the exercise of his or her discretion, from posting papers or docu- 52 ments that have not been sealed pursuant to law on a public website 53 maintained by the unified court system where: (A) the website is not the 54 website established by the rules promulgated pursuant to paragraph (a) 55 of this subdivision, and (B) to do so would be in the public interest. 56 For purposes of this subparagraph, the chief administrator, in determin-A. 10350 9 1 ing whether posting papers or documents on a public website is in the 2 public interest, shall, at a minimum, take into account for each posting 3 the following factors: (A) the type of case involved; (B) whether such 4 posting would cause harm to any person, including especially a minor or 5 crime victim; (C) whether such posting would include lewd or scandalous 6 matters; and (D) the possibility that such papers or documents may ulti- 7 mately be sealed. 8 § 16. Subdivision (b) of section 214 of the family court act is 9 REPEALED and a new subdivision (b) is added to read as follows: 10 (b)(i) Notwithstanding any other provision of law, the chief adminis- 11 trator, with the approval of the administrative board of the courts, may 12 promulgate rules authorizing a program in the use of electronic means 13 ("e-filing") in the family court for: (1) the origination of proceedings 14 in such court, and (2) the filing and service of papers in pending 15 proceedings. 16 (ii) Participation in this program may be required or may be voluntary 17 as provided by the chief administrator, except that it shall be strictly 18 voluntary as to any party to an action or proceeding who is not repres- 19 ented by counsel unless such party, upon his or her request, chooses to 20 participate. 21 § 17. Subdivisions (c), (d), (e), (f) and (g) of section 214 of the 22 family court act, as added by chapter 237 of the laws of 2015, are 23 relettered subdivisions (d), (e), (f), (g) and (h) and a new subdivision 24 (c) is added to read as follows: 25 (c) (i) Where participation in this program is to be voluntary: 26 (1) filing a petition by electronic means with the court for the 27 purpose of originating a proceeding shall not require the consent of any 28 other party; nor shall the failure of a party or other person who is 29 entitled to notice of the proceedings to consent to participation bar 30 any other party from filing and serving papers by electronic means upon 31 the court or any other party or person entitled to receive notice of 32 such proceeding who has consented to participation; 33 (2) all parties shall be notified clearly, in plain language, about 34 their options to participate in filing by electronic means; 35 (3) no party to an action or proceeding shall be compelled, directly 36 or indirectly, to participate; 37 (4) where a party is not represented by counsel, the court shall 38 explain such party's options for electronic filing in plain language, 39 including the option for expedited processing, and shall inquire whether 40 he or she wishes to participate, provided however the unrepresented 41 litigant may participate in the program only upon his or her request, 42 which shall be documented in the case file, after said party has been 43 presented with sufficient information in plain language concerning the 44 program; 45 (5) upon the filing of a petition with the court by electronic means, 46 a party to the proceeding and any attorney for such person shall be 47 permitted to immediately review and obtain copies of such documents and 48 papers if such person or attorney would have been authorized by law to 49 review or obtain copies of such documents and papers if they had been 50 filed with the court in paper form. 51 (ii) Where participation in this program is to be required: 52 (1) such requirement shall not be effective in a court in a county 53 unless the chief administrator shall: 54 (A) first consult with and obtain the agreement of each authorized 55 presentment agency, child protective agency, the family court bar 56 providing representation to parents, and the family court bar providingA. 10350 10 1 representation to children (as represented by the head of each legal 2 services organization representing parents and/or children, the head of 3 each public defender organization, and president of the local bar asso- 4 ciation as applicable) of such county, provide all persons or organiza- 5 tions, or their representative or representatives, who regularly appear 6 in proceedings in the family court of such county, in which proceedings 7 the requirement of consent is to be eliminated with reasonable notice 8 and an opportunity to submit comments with respect thereto and give due 9 consideration to all such comments, and consult with the members of the 10 advisory committee continued pursuant to subparagraph (vi) of paragraph 11 (u) of subdivision two of section two hundred twelve of the judiciary 12 law; and 13 (B) afford all those with whom he or she consults pursuant to clause 14 (A) of this subparagraph with a reasonable opportunity to submit 15 comments with respect to the program, which comments he or she shall 16 consider and shall post for public review on the office of court admin- 17 istration's website; and 18 (C) consult with the members of the advisory committee continued 19 pursuant to subparagraph (vi) of paragraph (u) of subdivision two of 20 section two hundred twelve of the judiciary law; and 21 (2) as provided in subdivision (d) of this section, no party who is 22 not represented by counsel nor any counsel in an affected case who opts 23 out of participation in the program shall be required to participate 24 therein. 25 § 18. Section 11 of chapter 237 of the laws of 2015 amending the judi- 26 ciary law, the civil practice law and rules and other laws relating to 27 the use of electronic means for the commencement and filing of papers in 28 certain actions and proceedings, as amended by chapter 554 of the laws 29 of 2022, is amended to read as follows: 30 § 11. This act shall take effect immediately[; provided that sections31four, five, six and seven of this act shall each expire and be deemed32repealed September 1, 2027; and provided that paragraph 2-a of subdivi-33sion (b) of section 2111 of the civil practice law and rules, as added34by section two of this act, shall expire and be deemed repealed Septem-35ber 1, 2027]. 36 § 19. This act shall take effect immediately.
