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January 26,
2012
Subject: Quiz of the Month and NYSCEF Update
NYSCEF Update
Pursuant to an Administrative Order, dated Jan. 12, 2012, issued by the Chief Administrative Judge in accordance with legislation enacted in 2011, electronic filing of litigation documents through the New York State Courts Electronic Filing System (“NYSCEF”) will become mandatory in all commercial, contract, and tort actions, without regard to the amount in controversy, that are commenced in New York County Supreme Court on or after February 27, 2012. On and after that date, such cases must be commenced electronically and initiating documents will not be accepted in hard copy form. Personal jurisdiction shall be obtained by service of documents in hard copy form in the normal manner, except that the plaintiff/petitioner must serve on the defendant/respondent a Notice of Commencement of Mandatory E-Filed Case (form available on the NYSCEF website (http://www.nycourts.gov/efile)). Thereafter, with very limited exceptions, all documents must be e-filed.
Mandatory e-filing is governed by Uniform Rule 202.5-bb. The court has issued a Protocol on Courthouse Procedures for Electronically Filed Cases that explains how customary courthouse procedures, such as with regard to proposed orders to show cause, are applied in e-filed cases. The Protocol is posted on the court’s website (on the “E-Filing” page at www.nycourts.gov/supctmanh).
The NYSCEF system is intuitive and easy to learn. Working with NYSCEF will be especially easy for attorneys who are familiar with the Federal courts’ ECF system. A User’s Manual and FAQs are posted on the NYSCEF website. The NYSCEF application includes a training utility, which allows attorneys to practice filing documents in fictitious cases for as often and as long as counsel may desire.
Live training is also available for those who may feel the need for it. A two-hour training course is offered, with two CLE credits awarded to attending counsel at no charge. The course is presented weekly at Supreme Court, Civil Branch, New York County at 60 Centre Street. Attorneys may register for the course on-line, by going to the “Training” link on the NYSCEF website. For additional information, please contact the statewide NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
If you would like to view the January 12, 2012 Administrative Order please click here: <<details>>
CourtAlert for Pacer gaining popularity:
This week noticed another surge of CourtAlert for Pacer users. CourtAlert for Pacer is a service which allows you to watch any US Federal: District, Bankruptcy, Multi-District and Circuit court case without being listed on the public court ECF record.
The cost of the service is very economical and the alerts are clear. Further, the reliability of the service is well known. For details please click here. <<details>>
Most firms already use the service, it would be a good idea to start 2012 off on the right foot by using CourtAlert for Pacer, the better and more economical method to watch Federal Court cases. To start using the service, please enter a court and index (“docket”) number on the applicable watch list.
CourtAlert News items published this week:
1/23/2012 – Revised Local Rules of the United States District Courts for the Southern and Eastern Districts of New York and Updated Practices for Judge Carter, CourtAlert News, <<details>>
1/23/2012 – Social Security Appeals to Contain Electronic Certified Administrative Records (e-CAR) and Updated Practices for Judge Nathan, CourtAlert News, <<details>>
Quiz of the Month
This month's winner is: Trevor Franklin from Morgan, Lewis & Bockius LLP
*As soon as we have received the correct answers we will post them on the Tip of The Week for that day. We will accept individual responses from other members of your staff or firm, but the winning submission can only come from one person and not a combination of answers from the same firm. Responses by email will only be accepted. Please email your answers to Support@CourtAlert.com or reply to this email.
1. If exigent circumstances exist that prevents users to electronically file something in the Bankruptcy Court for the Southern District of New York can they file it in the night depository box at the district court? Yes
2. Two justices from New York County Supreme Court recently retired from the bench as per a notice we reported on from an earlier tip this month. Who were the two justices? Judge Evans and Judge Solomon
3. The recall appointment of the Honorable Joel B. Rosenthal as a United States Bankruptcy Judge in the Eastern District of New York has been extended through which date? February 28, 2012
4. By order of the court, Magistrate Judge Kevin Nathaniel Fox has been appointed as Chief Magistrate Judge for the United States District Court for the Southern District of New York. The appointment is effective as of which date? January 20, 2012
5. Electronic filing of litigation documents through the New York State Courts Electronic Filing System (“NYSCEF”) will become mandatory in all commercial, contract, and tort actions, without regard to the amount in controversy, that are commenced in New York County Supreme Court on or after which date? February 27, 2012
We are Committed to Remain the Best!
Thanks,
Izzy Schiller, President
CourtAlert
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