The New York State Courts Electronic Filing (NYSCEF) System permits the service and filing of litigation papers with the county clerk or the court by a registered user, by electronic means on its website at www.nycourts.gov/efile. The advantage of being a NYSCEF user is that attorneys can serve and file papers at any time. A case can be initiated or post-commencement modification or enforcement proceedings can be filed at any hour of any day, even when the courts are closed.

The CPLR excludes matrimonial actions from mandatory e-filing. (CPLR 2111(b)(2)(A)). However, last year, the Chief Administrator of the Courts adopted rules for consensual e-filing in matrimonial actions. The Rules, which were effective June 1, 2020, provide that on consent, documents may be filed and served by electronic means in matrimonial actions in the Supreme Court in authorized counties subject to certain conditions. The consensual e-filing rules in 22 NYCRR §202.5-b apply. The conditions are that (a) no papers are available to the public; (b) existing personal service requirements in the domestic relations law, family court act, or civil practice law and rules are not abrogated; (c) unless otherwise directed by the court, forensic evaluation reports in custody, visitation and other matters concerning children may not be filed electronically; and (d) service of the initiating documents in post-judgment applications must be effectuated in hard copy and accompanied by a notice regarding the availability of electronic filing in post-judgment matrimonial proceedings on a form approved by the Chief Administrator. Proof of hard copy service must be filed by electronic means. (See AO/116/20, Appendix B, effective June 1, 2020; AO/247/20, Appendix B, effective Oct. 21, 2020.)