New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle A - JUDICIAL ADMINISTRATION › Chapter II - UNIFORM RULES FOR THE NEW YORK STATE TRIAL COURTS › Part 202 - Uniform Civil Rules for the Supreme Court and the County Court › Section 202.16-c - Rules Governing the Electronic Filing of Matrimonial Actions in Supreme Court

Current through Register Vol. 46, No. 28, July 10,
				  2024
(a) Application
(1) Pursuant to 22 NYCRR §
											202.5 -b, documents may be filed
				  and served by electronic means in matrimonial actions in the Supreme Court of
				  authorized counties subject to the conditions set forth below. Except as
				  otherwise required by this rule, the provisions of 22 NYCRR §
											202.5 -b shall apply.
(2) For purposes of this rule:
(i) ''Matrimonial actions'' shall mean those
				  actions set forth in CPLR § 105(p) and DRL § 236, as well as plenary
				  actions for child support, custody or visitation, an order of protection
				  pursuant to the Domestic Relations Law or an application pursuant to the Child
				  Parent Security Act, wherein:
(A) the action
				  is contested, and addresses issues including, but not limited to, alimony,
				  counsel fees, pendente lite, maintenance, custody and visitation, child
				  support, the equitable distribution of property, or domestic violence, abuse,
				  paternity, or parental rights; or
(B) the action is uncontested; or
(C) the action is a post-judgment application
				  that was initiated electronically that addresses an underlying matrimonial
				  action previously filed in hard copy or electronically.
(ii) A ''party'' or ''parties'' shall mean
				  the party or parties to the action or counsel thereto (as set forth in 22 NYCRR
				  §
												202.5 -b(a)(2)(viii)) and the
				  attorney(s) for the minor child(ren).
(3) No paper or document filed by electronic
				  means in a matrimonial action shall be available for public inspection on-line
				  or at any computer terminal in the courthouse or the office of the County
				  Clerk; provided that nothing herein shall restrict access by a party whether or
				  not such party is self-represented or access by a party's attorney, to a paper
				  or document in the matrimonial action in which the party is involved on-line or
				  at any such computer terminal.
(4)
				  Nothing in this section shall be construed to abrogate existing personal
				  service requirements as set forth in the domestic relations law, family court
				  act or civil practice law and rules.
(5) Unless otherwise directed by the court,
				  evaluations or investigations of the parties or a child by a forensic mental
				  health professional (including underlying notes), and reports by a probation
				  service or a child protective service in proceedings involving custody,
				  visitation, neglect or abuse, and other matters concerning children, shall not
				  be filed electronically.
(6) Unless
				  the Court authorizes service to be effectuated via NYSCEF, service of the
				  initiating documents in post-judgment applications subject to consensual
				  e-filing must be effectuated in hard copy and accompanied by a notice of
				  electronic filing. Proof of hard copy service shall be filed by electronic
				  means.
(7) In a matrimonial action,
				  attorneys appointed by the court as attorneys for minor children of the parties
				  may register as an authorized e-filing user of the NYSCEF site and consent to
				  e-file.
(8) In a matrimonial
				  action, attorneys for the parties or for minor children of the parties must
				  remove their representation of such parties or such minor children from the
				  NYSCEF record by following the instructions on the NYSCEF website for such
				  removal in an e-filed action, within sixty (60) days after the earlier of:
(i) a judgment of divorce, separation,
				  annulment or action to declare a marriage void or voidable has been signed and
				  entered in the office of the County Clerk, with notice of entry also signed and
				  served; and where any post-judgment or plenary proceedings before the Court in
				  which the attorney represented the party have concluded by stipulation, final
				  order or withdrawal of the post-judgment or plenary proceeding, and there are
				  no other such proceedings pending; and where any Qualified Domestic Relations
				  Orders or Domestic Relations Orders have been signed and served with notice of
				  entry, and no notice of appeal has been filed in which attorneys for the
				  parties or the minor children have been retained as counsel. If counsel is
				  retained on an appellate issue, they may remain on NYSCEF for the duration of
				  the appellate proceeding or as may be otherwise ordered by the Court;
				  or
(ii) they cease to be the
				  attorney of record in the action or cease to be associated with the law firm
				  that is the attorney of record in the action; or
(iii) they have filed a properly executed
				  consent to change attorney pursuant to CPLR 321(b)(1); or
(iv) an order of the Court authorizing the
				  withdrawal or change of attorney has been filed and entered pursuant to CPLR
				  321(b)(2); or
(v) they have filed a
				  notice of completion of limited scope representation in the action pursuant to
				  CPLR 321(d).
(9) Counsel
				  shall promptly comply with any requirements in CPLR 321 for counsel to provide
				  notices to parties or self-represented litigants or attorneys or anyone else
				  directed by the Court as to a change in or authorized withdrawal of
				  representation or as to completion of limited scope representation in the
				  action. Counsel shall also promptly provide notice of any consent to change
				  attorney or notice of completion of limited scope representation to the Court,
				  unless otherwise directed by the Court.
(10) In a matrimonial action, attorneys for
				  non-parties to the action must remove their consent from NYSCEF and the right
				  to receive notices in an e-filed action by following the instructions for such
				  removal on the NYSCEF website within ten (10) days after the matters before the
				  Court related to the non-party application or any cross application have
				  concluded, except in the event of a pending appeal on the issue.
(11) Notwithstanding anything contained in
				  this rule or in Part 202 containing the Uniform Rules for Supreme and County
				  Courts, counsel may apply to the court before whom proceedings are filed, on
				  notice to all parties and counsel, for an order pursuant to DRL 235(1) granting
				  permission:
(i) not to remove their
				  representation of the parties or the minor children from the NYSCEF record if
				  they have a pending application or order of the court for the recovery of legal
				  fees and expenses, including but not limited to a charging lien, fee award,
				  security interest, judgement, or other judicially recognized acknowledgement of
				  such fees and expenses owed to counsel; or
(ii) to apply or reapply for access to seek
				  enforcement; or
(iii) until further
				  order of the court.
(12)
				  Any issue regarding non-compliance with the provisions of this rule shall be
				  addressed to the assigned Judge handling the matter on notice to all parties
				  and counsel.