NY Courts to Lift Ban on New 'Nonessential' Lawsuits for Downstate Counties
Chief Administrative Judge Lawrence Marks made the announcement Wednesday in a memorandum to trial court judges.
May 20, 2020 at 03:27 PM
3 minute read
The state Unified Court System is restoring the filing of new nonessential lawsuits for New York City and downstate counties starting Monday, according to its chief administrative judge.
Chief Administrative Judge Lawrence Marks made the announcement Wednesday in a memorandum to trial court judges. He says new matters, previously classified as "nonessential," will be able to be filed electronically for the five New York City counties and the Long Island counties of Nassau and Suffolk, along with Dutchess, Orange, Putnam, Rockland, Sullivan, UIster and Westchester counties.
For the state court system, the move is the most significant step forward in expanding court access since the system postponed all "nonessential" services in March.
"This expanded use of NYSCEF will permit a significant broadening of civil litigation in a manner that continues to ensure the highest measure of health and safety to judges, court personnel and the public," Marks wrote in the memorandum.
"In recognition of the continued curtailment of in-court activities of court personnel and the public — and in contrast to the usual practice in consensual e-filing matters — this restoration of NYSCEF usage will be limited to cases in which represented parties file and serve all papers electronically," he said in the memorandum.
Attorneys have not been able to file new "nonessential" lawsuits in downstate counties due to tight restrictions imposed by the court system in March as the COVID-19 crisis intensified in New York. With the restrictions extending more than two months, there's expected to be a backlog of state court cases.
Henry Greenberg, president of the New York State Bar Association, said the news is an answered prayer for litigators.
"This is a tremendous milestone in the expansion of New York's virtual courts and great news for litigators and the public," he said in a statement. "It is a giant leap in our return to a new normal."
In upstate New York, some counties are already accepting new nonessential lawsuits after their regions met state-mandated reopening benchmarks. Regions that received the green light from state officials were able to move into phase one of the state's reopening plan, which allows construction, agriculture and manufacturing companies to bring back their operations.
The state court system has also announced that the ban on new nonessential lawsuits would be lifted next week in courts within the Capital Region. Judges in the region and their personal staff will also be allowed to return to their courthouses for work starting Tuesday, according to the court system.
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