02 Mar The New York Chief Administrative Judge’s Potential Role in the Future of Electronic Filing
The New York Chief Administrative Judge’s Potential Role in the Future of Electronic Filing
(3 minutes to read) The COVID-19 pandemic has tremendously impacted the New York Court System. The difficulties endured across the legal field over this past year have shown the need to further expand electronic filing, otherwise known as e-filing.
The Commission’s report suggests that one major way the legal field can advance towards enabling the CAJ to widely exercise discretion to mandate e-filing in all case types is to repeal current restrictions. Taking such action would specifically repeal current law in place that prohibits the CAJ from exercising discretion to mandate e-filing in various case types. Such case types include but are not limited to:
•Proceedings under the Mental Hygiene Law.
•Consumer credit actions;
•Residential foreclosures; and
According to the Commission, the CAJ should be authorized to establish mandatory e-filing in these case types, where they deem it appropriate. As indicated in the report, the Commission’s rationale for the repeal and thereby inclusion of such case types, is that while those restrictions may have once been useful, they no longer serve a purpose in today’s current climate. Further, the Commission points out that they are not alone in supporting this rationale as county clerks, practitioners, and bar associations who have been surveyed on this issue have expressed the desire to allow mandatory e-filing in all case types.
The Commission’s report has made apparent that e-filing is now an essential tool that aids litigants across New York State. In order to ensure a more seamless and widely available e-filing process, the Court system must abandon outdated processes that hinder its efficiency.
The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice.
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