First and Second Departments to Expand E-Filing from July

Electronic filing began in the First and Second Departments in 2018. Since then, the success of e-filing has led the Courts to further expand mandatory appellate filing. See below for details of each Department.

First Department:

Currently, in the First Department, e-filing is mandatory in all commercial matters. Beginning on July 15, 2019, e-filing will also be mandatory in the following case types:

  • Medical, Dental or Podiatric Malpractice
  • Other Professional Malpractice

Also beginning on July 15, 2019, the First Department will permit voluntary, consensual e-filing in all other tort matters. All parties to an appeal must consent to the voluntary participation in e-filing.

This expansion of mandatory e-filing in malpractice matters and the consensual e-filing in other tort matters will be effective as follows:

  • Matters in which notices of appeal are dated on or after July 15, 2019;
  • Matters in which notices of appeal are dated prior to July 15, 2019 and where the appeal will be perfected on or after September 1, 2019;
  • Appeals on malpractice matters which have already been perfected are exempt from the mandatory e-filing requirements.

Second Department:

Currently, in the appellate division Second Department, e-filing is mandatory for all matters originating and electronically filed in Supreme and Surrogate’s Courts in Dutchess, Orange, Putnam, Rockland, Suffolk, and Westchester Counties. Beginning on July 1, 2019, the Court will expand e-filing to also include Queens and Richmond Counties.

  • For matters originating and e-filed in Supreme and Surrogate’s Courts in Queens County, e-filing at the Appellate Division will be mandatory.
  • For those cases from Richmond County, voluntary, consensual e-filing will be permitted (stipulation required).

This expansion of mandatory e-filing to Queens County and the adoption of consensual e-filing as outlined above in Richmond County will be effective in the following appeals:  

  • Where the notice of appeal is dated on or after July 1, 2019, and
  • Where the notice of appeal is dated prior to July 1, 2019, and the appeal is perfected on or after August 15, 2019.