§ 214. Chief administrator to prescribe forms; electronic filing in\nfamily court. (a) The chief administrator of the courts shall promulgate\na uniform, statewide petition for adoption and may prescribe such other\nforms as may be proper for the efficient and just administration of this\nact, including forms for petitions, summons, warrants, subpoenas,\nundertakings, and orders authorized by this act.\n (b)(i) 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 family court for: (1) the\norigination of proceedings in such court, and (2) the filing and service\nof papers in pending proceedings.\n (ii) 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:\n (1) filing a petition by electronic means with the court for the\npurpose of originating a proceeding shall not require the consent of any\nother party; nor shall the failure of a party or other person who is\nentitled to notice of the proceedings to consent to participation bar\nany other party from filing and serving papers by electronic means upon\nthe court or any other party or person entitled to receive notice of\nsuch proceeding who has consented to participation;\n (2) all parties shall be notified clearly, in plain language, about\ntheir options to participate in filing by electronic means;\n (3) no party to an action or proceeding shall be compelled, directly\nor indirectly, to participate;\n (4) 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 (5) upon the filing of a petition with the court by electronic means,\na party to the proceeding and any attorney for such person shall be\npermitted to immediately review and obtain copies of such documents and\npapers if such person or attorney would have been authorized by law to\nreview or obtain copies of such documents and papers if they had been\nfiled with the court in paper form.\n (ii) Where participation in this program is to be required:\n (1) such requirement shall not be effective in a court in a county\nunless the chief administrator shall:\n (A) first consult with and obtain the agreement of each authorized\npresentment agency, child protective agency, the family court bar\nproviding representation to parents, and the family court bar providing\nrepresentation to children (as represented by the head of each legal\nservices organization representing parents and/or children, the head of\neach public defender organization, and president of the local bar\nassociation as applicable) of such county, provide all persons or\norganizations, or their representative or representatives, who regularly\nappear in proceedings in the family court of such county, in which\nproceedings the requirement of consent is to be eliminated with\nreasonable notice and an opportunity to submit comments with respect\nthereto and give due consideration to all such comments, and consult\nwith the members of the advisory committee continued pursuant to\nsubparagraph (vi) of paragraph (u) of subdivision two of section two\nhundred twelve of the judiciary law; and\n (B) afford all those with whom he or she consu‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.