NY Appellate Division, Fourth Department Moves To Universal E-Filing & Revises Local Rules

On December 9, the justices of the Supreme Court, Appellate Division, Fourth Department, approved revisions to the Court’s local rules of practice (22 NYCRR Part 1000). Many of the rule changes addressed minor issues of consistency in procedures or language that had existed in the local rules as enacted in September 2018. There were, however, two major revisions that will have more substantial impact for the appellate bar.

Effective April 1, 2021, all matters not previously subject to mandatory E-Filing will be required to E-File. This primarily expands e-filing to transfer proceedings, special proceedings, and appeals from the Court of Claims. Currently, most appeals at the Fourth Department are required to be E-Filed, but there have been a few exceptions such as the aforementioned types of case. For those exceptions, if the notice of appeal was filed, the transfer order is dated or the special proceeding was commenced, after April 1, 2021, then E-Filing will be mandatory.

Additionally, effective April 1, 2021, the Fourth Department has reduced the number of records and appendices required to be filed in hard copy at the court in 22 NYCRR 1245.6(a) and 1250.9(a)(1) and (a)(2). The hard copy filing requirement will be met by filing an original and two hard copies of the record or appendix, instead of the original and five hard copies currently required.

We will continue to provide updates from the Court and will be available to assist you. Please do not hesitate to contact Appellate Counsel with any questions.

Tagged: Appellate Practice, Appellate Procedure