NY CPLR § 2111 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 21-A - Filing of Papers in the Courts by Facsimile Transmission and by Electronic Means 2111 - Filing of Papers in the Trial Courts by Facsimile Transmission and by Electronic Means.

§ 2111. Filing of papers in the trial courts by facsimile transmission and by electronic means. (a) Notwithstanding any other provision of law, the  chief  administrator  of  the  courts,  with  the  approval  of the administrative board of the courts, may promulgate rules  authorizing  a program in the use of facsimile transmission only in the court of claims and  electronic  means in the supreme court, the civil court of the city of New York, surrogate's courts and the court of  claims  for:  (i)  the commencement  of  civil actions and proceedings, and (ii) the filing and service of papers in pending actions and proceedings. Provided, however, the chief administrator shall consult with the county clerk of a  county outside the city of New York before the use of electronic means is to be authorized  in  the  supreme court of such county, afford him or her the opportunity to submit comments with respect thereto, consider  any  such comments and obtain the agreement thereto of such county clerk.  (b)  1.  Except  as  otherwise  provided  in  paragraph  two  of  this subdivision, participation in this program shall be strictly  voluntary, and  will  take  place only upon consent of all parties in the action or special  proceeding;  except  that  a  party's  failure  to  consent  to participation  shall not bar any other party to the action or proceeding from filing and serving papers by facsimile transmission  or  electronic means upon the court or any other party to such action or proceeding who has  consented to participation. Commencement of an action by electronic means or by facsimile transmission shall not require the consent of  any other  party.  No  party  shall be compelled, directly or indirectly, to participate in e-filing. All parties shall be notified clearly, in plain language, about their options to participate in e-filing. Where a  party is  not  represented  by  counsel,  the clerk shall explain such party's options for electronic filing in plain language,  including  the  option for  expedited processing, and shall inquire whether he or she wishes to participate, provided however the unrepresented litigant may participate in the program only upon his or her request, which shall  be  documented in  the  case  file, after said party has been presented with sufficient information in plain language concerning the program.   2. In the rules  promulgated  pursuant  to  subdivision  (a)  of  this section,  the  chief  administrator  may  eliminate  the  requirement of consent to participation in this program in:  (A) one or more classes of cases  (excluding  matrimonial  actions  as defined  by  the civil practice law and rules, election law proceedings, proceedings brought pursuant to article seventy or seventy-eight of this chapter,  proceedings  brought  pursuant  to  the  mental  hygiene  law, residential  foreclosure  actions  involving a home loan as such term is defined in section thirteen hundred four of the  real  property  actions and   proceedings   law  and  proceedings  related  to  consumer  credit transactions as defined in subdivision (f) of section one  hundred  five of this chapter, except that the chief administrator, in accordance with this  paragraph, may eliminate the requirement of consent to participate in this program insofar as  it  applies  to  the  initial  filing  by  a represented party of papers required for the commencement of residential foreclosure  actions  involving  a  home loan as such term is defined in section  thirteen  hundred  four  of  the  real  property  actions   and proceedings  law and the initial filing by a represented party of papers required for the commencement of proceedings related to consumer  credit transactions  as  defined in subdivision (f) of section one hundred five of this chapter) in supreme court in such counties as he  or  she  shall specify, and  (B) one or more classes of cases in surrogate's court in such counties as he or she shall specify, and  (C)  actions  in  the civil court of the city of New York brought by a provider  of  health  care  services  specified  in  paragraph  one   of subsection (a) of section five thousand one hundred two of the insurance law  against  an  insurer  for  failure  to  comply  with  the rules and regulations  promulgated  by  the  superintendent  of financial services pursuant to subsection (b) of section five thousand one hundred eight of such law.  (i) Notwithstanding the foregoing, the chief administrator  shall  not eliminate the requirement of consent in any county until after he or she shall have consulted with members of the organized bar including but not limited  to  city,  state,  county  and  women's  bar associations; with institutional legal service providers; with not-for-profit legal service providers; with attorneys assigned pursuant to article eighteen-B of the county  law;  with  unaffiliated  attorneys  who  regularly  appear   in proceedings  that are or have been affected by any program of electronic filing in such county that requires consent or who would be affected  by a  program of electronic filing in such county should the requirement of consent be eliminated; with any other persons in the county as deemed to be appropriate by the chief administrator; and with the county clerk  of such  county  (where the affected court is the supreme court of a county outside the city of New York), and  (ii) only after affording them the opportunity to submit comments with respect thereto,  considering  any  such  comments,  including  but  not limited  to  comments  related  to  unrepresented  litigants and, in the instance of any county outside the  city  of  New  York,  obtaining  the agreement  thereto  of the county clerk thereof. All such comments shall be posted for public review on  the  office  of  court  administration's website.   * 2-a.  Notwithstanding  the  provisions  of  paragraph  two  of  this subdivision, the exclusion in such paragraph of residential  foreclosure actions  involving  a  home  loan  as  such  term  is defined in section thirteen hundred four of the real property actions and  proceedings  law from  those  classes  of  cases  in  which  the  chief administrator may eliminate the requirement of consent to participation in  a  program  in the  use  of  electronic  means  shall not apply to any county in which, prior to the effective date of this section, the chief administrator had eliminated the requirement of consent to participation in such a program in such foreclosure actions, specifically Erie, Essex, New York, Queens, Rockland, Suffolk and Westchester counties; and the  exclusion  in  such paragraph  of  proceedings  related  to  consumer credit transactions as defined in subdivision (f) of section one hundred five of  this  chapter from  those  classes  of  cases  in  which  the  chief administrator may eliminate the requirement of consent to participation in  a  program  in the  use  of  electronic  means  shall not apply to any county in which, prior to the effective date of this section, the chief administrator had eliminated the requirement of consent to participation in such a program in  such  proceedings   related   to   consumer   credit   transactions, specifically   Erie,   New  York,  Onondaga,  Rockland  and  Westchester counties.   * NB Repealed September 1, 2022   3. Where the chief administrator eliminates the requirement of consent as provided in paragraph two of this subdivision, he or she shall afford counsel the opportunity to opt out of the program, via presentation of a prescribed form to be filed with the clerk of the court where the action is  pending.  Said  form  shall  permit  an  attorney  to  opt  out   of participation  in  the program under any of the following circumstances, in which event, he or she will not be compelled to participate:  (A) where the attorney certifies in good faith that he  or  she  lacks the  computer  hardware and/or connection to the internet and/or scanner or other device by which documents may be  converted  to  an  electronic format; or  (B)  where  the  attorney certifies in good faith that he or she lacks the requisite knowledge  in  the  operation  of  such  computers  and/or scanners   necessary   to   participate.   For   the  purposes  of  this subparagraph, the knowledge of any  employee  of  an  attorney,  or  any employee  of  the attorney's law firm, office or business who is subject to such attorney's direction, shall be imputed to the attorney.   Notwithstanding any other provision of this subdivision, where a party is not represented by counsel, the  clerk  shall  explain  such  party's options  for  electronic  filing  in  plain  language  and shall inquire whether  he  or  she  wishes  to  participate,  provided   however   the unrepresented  litigant  may participate in the program only upon his or her  request  after  said  party  has  been  presented  with  sufficient information  in  plain  language concerning the program; and a party not represented by counsel who has chosen  to  participate  in  the  program shall  be  afforded  the  opportunity  to opt out of the program for any reason via presentation of a prescribed form to be filed with the  clerk of the court where the proceeding is pending; and a court may exempt any attorney  from  being  required  to  participate  in  the  program  upon application for such exemption, showing good cause therefor.  (c) For purposes of this section, "the filing and service of papers in pending actions and proceedings" shall include the filing and service of a notice of appeal pursuant to section  fifty-five  hundred  fifteen  of this chapter.