Legislation to expand the current authority for the use of e-filing in courts headed to Governor Hochul’s desk on Monday after passing in the New York State Assembly and Senate earlier this year. The bill, S7524/A10350, authored by Senator Hoylman-Sigal and Assemblymember Shimsky, would authorize the Chief Administrative Judge (CAJ) to allow e-filing in local criminal and civil courts across the state where the option does not exist.
Several organizations providing legal services and advocating for justice across New York have signed a letter urging Governor Hochul to pass the legislation.
The bill would give the CAJ the ability to implement e-filing on a consensual or mandatory basis in all courts and case types, with the requirement that they consult interested parties prior to introducing e-filing in a court (including the relevant bar and legal service agencies) and to obtain the consent of the local county clerks. The legislation also maintains the existing exemptions and opt-outs to mandatory e-filing, including an automatic exemption to mandatory e-filing for unrepresented litigants.
Expanding e-filing would lessen the burden on practitioners, particularly in rural areas, who lack the resources of larger law firms and must travel long distances to serve and file papers, increase security for documents, and provide convenient access to court files. It would also reduce the environmental impact and significantly reduce the cost of serving.
“The statewide expansion of electronic filing (e-filing) will significantly enhance access to justice for our clients by increasing access to justice,” said George Haddad, Litigation Director for the Hudson Valley Justice Center. “By implementing e-filing, both the courts and litigants stand to benefit from increased efficiency, as it will expedite the submission and review of legal documents. Moreover, the use of e-filing will result in substantial savings in terms of both time and taxpayer resources, as it reduces the need for physical paperwork, minimizes administrative delays, and improves overall case management. Ultimately, this advancement will foster a more accessible, cost-effective, and efficient legal system for all stakeholders involved.”
“It’s past time we bring our court system into the 21st century and allow for electronic filing for all court cases in New York State,” said Senator Hoylman-Sigal. “Doing so would help our court system become more accessible and run more efficiently, all while protecting the privacy and security of those involved in sensitive cases. I am grateful to Chief Judge Wilson for welcoming this important change to the New York State court system. The legislature has passed our bill with Assemblymember Shimsky to expand e-filing in New York State (S.7524) and I am hopeful that Governor Hochul will sign the bill into law before
the year ends.”
“The State’s e-filing system has improved access to court documents, secured storage of court records, and reduced costs for local governments, attorneys, and litigants alike,” said Assemblymember Shimsky. “Expanding the e-filing system will spread these cost savings to more courts, and simplify the administration of justice statewide. I look forward to having this reform bill signed into law.”
“Expanding the use of e-filing through the passage of S7524/A10350 will increase our ability to promote justice when representing older adults in court,” said Karen L. Nicolson, Esq., CEO, Center for Elder Law & Justice. “This bill will increase efficiency in filing court documents and save money, allowing us to advocate for healthcare, prevent elder abuse, and secure housing for our older clients in Western New York more effectively. I urge Governor Hochul to sign this bill into law which will update New York e-filing system and promote access to justice for all litigants.”
Governor Hochul has until December 13th to approve the bill.
