Once issue has been joined in an action, the electronic transmittal of interlocutory litigation documents (discovery, motions, etc.) between or among counsel of record appearing on behalf of parties to a matter has become the norm in civil litigation in today’s New York State Unified Court System. Ask most civil practitioners and they will tell you that they actively handle few non-e-filed cases and that many counselors elect to exchange litigation papers with their adversaries as email attachments (or as cloud share or “Dropbox” files depending on size) in lieu of doing things “the old-fashioned way” via snail mail, hard copy, etc.

This paperless practice has become even more prevalent and routine among New York civil litigators in the days since the onset of COVID-19 and “work from home” becoming the “new normal.” While there are many benefits to this practice shift (which for many New York attorneys already pre-dates COVID-19), there are some habits that are worth mentioning specifically on account of their benefits/contributions to the efficient and economical practice of law in New York state.

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