BAEC Bulletin | November/December 2022 | 31
The proposed legislative amendments to expand e-filing, (also included in last year’s report), are aimed at promoting the creation of a more efficient and effective court system in New York State. In January 2021, The Commission to ReImagine the Future of New York Courts filed a report: The Expansion of Electronic Filing: A Report and Recommendations of the Structural Innovations Working Group, supporting the proposed legislation and highlighting that the bench, bar, and the public are ready to further expand e-filing as it is an essential tool for improving access to justice to all litigants across the State. The report further recommended that “the existing restrictions on the CAJ’s discretion to establish mandatory e-filing in case types which are currently excluded be repealed.” The current proposal would not alter requirements of consulation with the Bar, legal services providers, County Clerks outside of New York City in Supreme Court matters, and other groups in advance of any future expansion or affect other existing provisions in the e-filing legislation.Further, unrepresented persons would continue to be exempt from e-filing unless they affirmatively choose to participate. Moreover, attorneys in cases in which e-filing would otherwise be mandatory would continue to be able to opt out of e-filing if they lack the equipment or knowledge to participate. Finally, the proposal would not alter current requirements of confidentiality in the treatment of actions that require it. In order to have the time needed to prepare the report due February 1, 2023, it is asked that as a group, an individual member of a group, or any interested person and/or attorney, submit any comments by December 18, 2022. All comments will be included in the Annual Report. Comments should be sent by e-mail or regular mail to either of the following addresses: REQUEST FOR COMMENTS: Annual NYSCEF Report & Proposed Legislation to Expand/ Implement E-filing in all Trial Courts
Jeffrey Carucci, Director OCA Division of E-Filing Office of Court Administration 25 Beaver Street, 9th Floor New York, New York 10004
efilingcomments@nycourts.gov •
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