§ 10.40 Chief administrator to prescribe forms and to authorize use of\n electronic filing.\n 1. The chief administrator of the courts shall have the power to\nadopt, amend and rescind forms for the efficient and just administration\nof this chapter. Such forms shall include, without limitation, the forms\ndescribed in paragraph (z-1) of subdivision two of section two hundred\ntwelve of the judiciary law. A failure by any party to submit papers in\ncompliance with forms authorized by this section shall not be grounds\nfor that reason alone for denial or granting of any motion.\n 2. (a) Notwithstanding any other provision of law, the chief\nadministrator, with the approval of the administrative board of the\ncourts, may promulgate rules authorizing a program in the use of\nelectronic means ("e-filing") in the courts of New York having criminal\njurisdiction for: (i) the filing with a court of an accusatory\ninstrument for the purpose of commencement of a criminal action or\nproceeding, and (ii) the filing and service of papers in pending actions\nand proceedings. Provided, however, the chief administrator shall\nconsult with the county clerk of a county outside the city of New York\nbefore the use of electronic means is to be authorized hereunder in the\nsupreme court or county court of such county, afford him or her the\nopportunity to submit comments with respect thereto, consider any such\ncomments and obtain the agreement thereto of such county clerk.\n (b) Participation in this program may be required or may be voluntary\nas provided by the chief administrator, except that it shall be strictly\nvoluntary as to any party to an action or proceeding who is not\nrepresented by counsel unless such party, upon his or her request,\nchooses to participate.\n (c) (i) Where participation in this program is to be voluntary: (A)\nfiling an accusatory instrument by electronic means with the court for\nthe purpose of commencement of an action or proceeding shall not require\nthe consent of any other party; nor shall a party's failure to consent\nto participation in an action or proceeding bar any other party to such\naction or proceeding from filing and serving papers by facsimile\ntransmission or electronic means upon the court or any other party to\nsuch action or proceeding who has consented to participation;\n (B) all parties shall be notified clearly, in plain language, about\ntheir options to participate in filing by electronic means;\n (C) no party to an action or proceeding shall be compelled, directly\nor indirectly, to participate;\n (D) where a party is not represented by counsel, the court shall\nexplain such party's options for electronic filing in plain language,\nincluding the option for expedited processing, and shall inquire whether\nhe or she wishes to participate, provided however the unrepresented\nlitigant may participate in the program only upon his or her request,\nwhich shall be documented in the case file, after said party has been\npresented with sufficient information in plain language concerning the\nprogram.\n (ii) Where participation in this program is to be required:\n (A) such requirement shall not be effective in a court in a county\nunless, in addition to consulting with the county clerk of such county\nand obtaining his or her agreement thereto if the court is a supreme\ncourt or county court, the chief administrator shall:\n (1) first consult with and obtain the agreement of the district\nattorney and the criminal defense bar of such county, provide all\npersons and organizations, or their representative or representatives,\nwho regularly appear in criminal actions or proceedings in the criminal\ncourts of such county with reasonable notice and opportunity to submit\ncomments with respect thereto and give due consideration to all such\ncomments, and consult with the members of the advisory committee\nspecified in subparagraph (v) of paragraph (u) of subdivision two of\nsection two ‹ Prev All New York sections Next ›
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