N.Y. Comp. Codes R. & Regs. tit. 22 § 206.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 206.5 - Papers filed with the court; numbering claims

(a) A claim shall be filed by delivering it to the office of the clerk either in person or by facsimile transmission or electronic means pursuant to sections 206.5a and 206.5a a of this Part, respectively, or upon the receipt thereof at the clerk's office by mail. Except where filing is made by facsimile transmission or electronic means, at the time of filing the original claim, the claimant shall file in the clerk's office two copies thereof. Proof of service on the defendant shall be filed in paper form or by facsimile transmission or electronic means with the clerk within 10 days of such service. Upon the filing, other than by electronic means, of a claim that is subject to electronic filing pursuant to section 206.5a a of this Part, the clerk shall provide the claimant with a copy of a notice regarding availability of electronic filing in a form approved by the Chief Administrator of the Courts. Regardless of the manner in which a claim is filed, where such claim is subject to electronic filing and the claimant desires that the action proceed by electronic filing, the claimant shall serve the defendant with a notice of identifying the claim as subject to electronic filing in a manner authorized by section 202.5b(g)(1) of this Part. Such notice identifying the claim as subject to electronic filing shall read substantially as follows:

NOTICE IDENTIFYING THE CLAIM AS SUBJECT TO ELECTRONIC FILING

STATE OF NEW YORK - COURT OF CLAIMS

CLAIM NO. ________

________

Claimant

-against-

THE STATE OF NEW YORK

Defendant

____________

Please take notice that, pursuant to section 206.5a a of the Uniform Rules for the Court of Claims (22 NYCRR § 206.5a a), all papers to be filed or served in this claim shall be filed or served electronically by the parties as provided under section 206.5a a unless, in accordance with such section:

(1) a judge orders otherwise; or

(2) the papers involved are not permitted to be filed or served electronically.

(b) The clerk shall notify the claimant or the claimant's attorney of the date of filing of the claim. The clerk shall number each claim in the order of its filing and advise the claimant or the claimant's attorney of the claim number and of the name of the assigned judge. Thereafter such number and judge's name shall appear on the outside cover and first page to the right of the caption of every paper tendered for filing in the action. A small claim filed pursuant to article 6 of the Eminent Domain Procedure Law shall be numbered in the same manner as other claims except its number shall be followed by the suffix "s." In addition to complying with the provisions of CPLR 2101, unless the court shall otherwise permit in the interest of justice, every paper filed in court shall have annexed thereto appropriate proof of service on all parties where required, and every paper, other than an exhibit or printed form, shall contain writing on one side only and if typewritten, shall have at least double space between each line, except quotations and the names and addresses of attorneys appearing in the action, and shall have at least one-inch margins. In addition, every paper filed in court, other than an exhibit or printed form, shall contain writing on one side only, except that papers that are fastened on the side may contain writing on both sides. Papers that are stapled or bound securely shall not be rejected for filing simply because they are not bound with a backer of any kind.

(c) An original and two copies of any demand for a bill of particulars and bill of particulars served upon a party, together with proof of service, shall be filed with the clerk within 10 days after service thereof.

(d) All papers for signature or consideration of the court shall be presented to the clerk, except that where the judge so directs, papers may be submitted to the judge and a copy filed with the clerk promptly thereafter. All papers for any judge that are filed in the clerk's office shall be delivered to the judge by the clerk. The papers shall be clearly addressed to the judge for whom they are intended and prominently show the nature of the papers, the title and claim number of the action in which they are filed, the judge's name, and the name of the attorney or party submitting them.

(e) Omission or Redaction of Confidential Personal Information.

(1) Except as otherwise provided by rule or law or court order, and whether or not a sealing order is or has been sought, the parties shall omit or redact confidential personal information in papers submitted to the court for filing. For purposes of this rule, confidential personal information (''CPI'') means:

i. the taxpayer identification number of an individual or an entity, including a social security number, an employer identification number, and an individual taxpayer identification number, except the last four digits thereof;

ii. the date of an individual's birth, except the year thereof;

iii. the full name of an individual known to be a l11inor, except the minor's initials; and

iv. a financial account number, including a credit and/or debit card number, a bank account number, an investment account number, and/or an insurance account number, except the last four digits or let- ters thereof.

(2) The court sua sponte or on motion by any person may order a party to remove CPI from papers or to resubmit a paper with such in- formation redacted; order the clerk to seal the papers or a portion thereof containing CPI in accordance with the requirement of 22NYCRR § 216.1 that any sealing be no broader than necessary to protect the CPI; for good cause permit the inclusion of CPI in papers; order a party to file an unredacted copy under seal for in camera review; or determine that information in a particular action is not confidential. The court shall consider the pro se status of any party in granting relief pursuant to this provision.

(3) Where a person submitting a paper to a court for filing believes in good faith that the inclusion of the full confidential personal information described in subparagraphs (i) to (iv) of paragraph (1) of this subdivision is material and necessary to the adjudication of the action or proceeding before the court, he or she may apply to the court for leave to serve and file together with a paper in which such information has been set forth in abbreviated form a confidential affidavit or affirmation setting forth the same information in unabbreviated form, appropriately referenced to the page or pages of the paper at which the abbreviated form appears.

(f) At the direction of the court, a party shall provide a courtesy copy of any paper to chambers.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.5

Amended New York State Register April 29, 2015/Volume XXXVII, Issue 17, eff. 4/15/2015