Advocate’s View: Navigating New E-Filing Rules in the Appellate Division

As attorneys gain familiarity with the Appellate Division’s new rules, they should be aware of certain key e-filing provisions to ensure the clerk will accept their papers and they will not miss their opponents’ filings. In this article, attorney Jeremy Sher addresses common e-filing issues in appeals from lower court orders and judgments. Read the full article here.

Snippet from article:

An important early step for an appellant is determining whether e-filing requirements apply. The E-Filing Rules excuse unrepresented parties and attorneys claiming specific exemptions from mandatory e-filing, but otherwise allow the departments to decide which types of cases must be e-filed. Since July 1, 2020, the Fourth Department has imposed mandatory e-filing in all civil and criminal matters.

One of the most critical deadlines in New York practice is the 30-day time period to “take an appeal” by, in most cases, filing a notice of appeal in the trial court. The E-Filing Rules add more steps. 

Within 14 days of filing the notice of appeal, the appellant in an e-filed appeal must open a new appellate case in NYSCEF. This is done through the “Record Initial Case Info” option in the Appellate Court menu. The appellant must also e-file in the Appellate Division case, as a single PDF, a copy of the notice of appeal with proof of service and the order or judgment appealed from. Read more here.

Jeremy Sher is a founding partner at Adams Leclair LLP.