22 NYCRR 212.4-a

(a) Application. Electronic filing and service of documents shall be authorized in the District Courts in such actions and in such counties as may be authorized by order of the Chief Administrator of the Courts, and only to the extent and manner provided in this section. Such authorization may provide for either mandatory or consensual participation in electronic filing programs.

(b) Electronic Filing in Actions in the District Courts.

(1) Except as otherwise provided in this section, sections 202.5-b and 202.5-bb of the Uniform Civil Rules of the Supreme Court and the County Court (22 NYCRR §§ 202.5-b and 202.5-bb), where applicable, shall apply to all actions in which electronic filing is authorized in the District Courts. References in those sections to the Chief Clerk of the Supreme Court or Clerk of the Court shall be deemed to mean the Chief Clerk of the applicable District Court, and references to the CPLR shall be deemed to include, where relevant, the Uniform District Court Act (“UDCA”) and the Real Property Actions and Proceedings Law (“RPAPL”).

(2) Commencing an action by electronic means.

(i) Except as otherwise provided in this section, every action authorized as a mandatory filing in the county and class of actions under subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the Clerk of the Court through the NYSCEF site. In any action authorized as a voluntary (consensual) filing, a party may commence the action by electronically filing the initiating documents with the Clerk of the Court through the NYSCEF site.

(ii) Documents electronically filed to commence an action in compliance with this section shall be deemed filed with the Clerk of the District Court for purposes of UDCA § 400 upon the date of receipt of those documents by the NYSCEF site, together with payment of any required fee.

(iii) No later than the close of business on the business day following the date on which the initiating documents are electronically filed to commence an action pursuant to subparagraph (ii) of this paragraph, a confirmation notice shall be transmitted electronically by the NYSCEF site to the person filing such documents. The notice shall contain a link to a copy of the initiating documents to which shall be affixed an index number and a filing stamp showing the date of filing and to which there may also be affixed, as the court may require, an image of the signature of the Clerk of the Court. This notice shall satisfy any requirement that the Clerk return a copy of the filing to the party.

(3) E-filing in an action after commencement. Except as otherwise provided in subdivision (a) of this section, after the electronic commencement of an action in which mandatory e-filing is authorized, all documents shall be filed and served electronically, and such e-filing shall be conducted as provided in 22 NYCRR § 202.5-bb(c). Where voluntary (consensual) e-filing is authorized, after the commencement of an action, documents may be filed by, and electronically served upon, parties who have consented thereto. Consent shall be obtained, and such e-filing shall be conducted, as provided in 22 NYCRR §202.5-b(b)(2).

(c) Service of Documents.

(1) A person seeking to obtain personal jurisdiction over a person named as a party to an action specified in subdivision (a) of this section may serve the opposing party in hard copy, or by electronic means if the opposing party agrees to accept such service, in accordance with the CPLR and the UDCA.

(2) Where an action is commenced by electronic filing pursuant to this section, the original proof of service required by UDCA § 409 shall be filed with the Clerk of the Court by filing through the NYSCEF site. Service shall be complete as provided in UDCA § 410.

(d) Official Record and Working Copies.

(1) When a document has been filed electronically pursuant to this section, the official record shall be the electronic record maintained by the court. The clerk or designee may scan and e-file documents that were filed in hard copy in an action subject to e-filing or maintain those documents in hard copy form.

(2) Parties participating in e-filing shall not be required to submit working copies of documents filed electronically.