N.Y. Comp. Codes R. & Regs. tit. 22 § 1000.17

Current through Register Vol. 46, No. 36, September 4, 2024

Section 1000.17 - Electronic Filing

(a) Entry of initial information for electronic filing.

(1) Application for assigned counsel. When the appellant seeks the assignment of counsel to prosecute an appeal, the entry of initial information for electronic filing pursuant to 22 NYCRR 1245.3 (a) shall not be required until the Court issues an order with respect to an application for the assignment of counsel. Where the Court issues an order assigning counsel, the entry of initial information, to the extent not previously accomplished, shall be completed within 14 days of the date of the order. Where an application for the assignment of counsel is denied, the appellant shall be deemed exempt from e-filing and the matter shall be perfected in hard copy, unless the appellant chooses to voluntarily participate in e-filing pursuant to 22 NYCRR 1245.4 (d) or engages counsel to prosecute the appeal who is not an exempt attorney.

(2) Engagement of counsel. Where the appellant engages counsel to prosecute an appeal who is not an exempt attorney, the entry of initial information for electronic filing pursuant to 22 NYCRR 1245.3 (a), to the extent not previously accomplished, shall be completed within 14 days of the date upon which appellate counsel was engaged.

(3) Effect of failure to enter initial information. Except as otherwise provided, no submission will be accepted in a case subject to mandatory e-filing prior to the entry of initial information and service of notification of the docket number pursuant to 22 NYCRR 1245.3.

(b) Perfecting a criminal appeal.

(1) Appendix. The record on an e-filed criminal appeal shall include an appendix as described in 22 NYCRR 1000.7 (d).

(2) Perfection upon electronic filing. Unless the filing is deemed incomplete pursuant to subdivision (4) of this section or for other reason, a criminal appeal shall be deemed perfected at the time the appendix and appellant's brief are electronically filed.

(3) Voluntary filing of digital transcript. When a digital copy of the transcripts upon which the appeal is based is available, the appellant is encouraged to e-file that digital transcript.

(4) Hard copy filing; transcripts. Hard copies of the appendix, appellant's brief, and the transcripts upon which the appeal is based must be filed with the clerk within two business days of receipt by the appellant of email notification that the clerk has reviewed and approved the electronic filing required in subdivision (2) of this section. The appellant shall submit one hard copy each of the appendix and transcripts, and an original and five hard copies of appellant's brief. A failure to file such additional hard copies of documents shall cause the filing to be deemed incomplete.

(c) Perfecting a Family Court appeal.

(1) Service of notice of appellate docket number. With respect to a Family Court appeal, service of notification of the appellate docket number, as required in 22 NYCRR 1245.3 (b), must be made upon both respondent's counsel and respondent individually.

(2) Appendix. The record on an e-filed Family Court appeal shall include an appendix that contains, in the following order: the description of the action required by CPLR 5531; a copy of the notice of appeal with proof of service and filing; a copy of the order or judgment appealed from and any relevant intermediate orders; all motion papers, affidavits and, to the extent practicable, written and photographic exhibits relevant and necessary to the determination of the appeal; a copy of any prior order entered by the trial court affecting the appeal, including but not limited to an order that grants a stay; and, pursuant to 22 NYCRR 1250.7 (g), the stipulation of the parties or their attorneys to the correctness of the record, the order settling the record, the certificate of the appellant's attorney pursuant to CPLR 2105, or the certificate of the proper clerk.

(3) Perfection upon electronic filing. Unless the filing is deemed incomplete pursuant to subdivision (4) of this section or for other reason, a Family Court appeal shall be deemed perfected at the time the appendix and appellant's brief are electronically filed.

(4) Voluntary filing of digital transcript. When a digital copy of the transcripts upon which the appeal is based is available, the appellant is encouraged to e-file that digital transcript.

(5) Hard copy filing; transcripts. Hard copies of the appendix, appellant's brief, and the transcripts upon which the appeal is based must be filed with the clerk within two business days of receipt by the appellant of email notification that the clerk has reviewed and approved the electronic filing required in subdivision (3) of this section. The appellant shall submit one hard copy each of the appendix and transcripts, and an original and five hard copies of appellant's brief. A failure to file such additional hard copies of documents shall cause the filing to be deemed incomplete.

(6) Respondent on appeal.

(A) Respondent's e-filing status. A respondent shall be deemed exempt from e-filing unless the Court issues an order assigning counsel to represent the respondent on appeal, the respondent engages appellate counsel who is not an exempt attorney, or the respondent chooses to voluntarily participate in e-filing pursuant to 22 NYCRR 1245.4 (d).

(B) Entry of information by respondent's counsel. When the Court issues an order assigning counsel to represent a respondent on appeal or a respondent engages counsel who is not an exempt attorney, counsel for the respondent must record that representation in accordance with 22 NYCRR 1245.3 (d) within 20 days of the date of the order of assignment or the date upon which appellate counsel was engaged, as appropriate; provided that, if the assignment or engagement of appellate counsel for a respondent occurs prior to the entry, by appellant's counsel, of initial information for e-filing pursuant to 22 NYCRR 1245.3 (a), counsel for the respondent must record that representation within 20 days of service upon respondent's counsel of notification of the appellate docket number as required in 22 NYCRR 1245.3 (b).

(d) Motions and Applications.

(1) In all matters subject to mandatory e-filing or e-filed voluntarily via NYSCEF, all motions and applications must be filed electronically in compliance with the Electronic Filing Rules of the Appellate Division (22 NYCRR Part 1245).

(2) When a motion or application is e-filed via NYSCEF, no hard copy submission is required.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 1000.17