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Bill

S 10140

Relates to electronic filing by an unrepresented party

2025 Regular Session Introduced by Erik Bottcher

Allows unrepresented litigants to file, respond, and be served electronically without notarization, using sworn affirmations instead.

REFERRED TO JUDICIARY
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WeVote Research Nonpartisan
Bill Summary · S 10140

Summary of Bill S.10140 (2025-2026, New York): Relates to electronic filing by an unrepresented party

Purpose and intent

  • Modernize and expand access to electronic filing for unrepresented (pro se) parties in civil and housing-related proceedings.
  • Allow unrepresented parties to initiate, respond, and participate in certain court filings without notarization or traditional verification, using sworn affirmations instead.
  • Promote streamlined electronic service and processing while preserving important protections and notice requirements.

Key provisions and changes

Civil Practice Law and Rules (CPLR)

  • Section 2111(d): If a party is not represented by counsel, registration or participation in an authorized electronic filing program shall not require notarization of documents. If a signature or confirmation of truth is required, it may be made under penalties of perjury, but not notarized.

New York City Civil Court Act (N.Y.C. Civil Court Act)

  • Section 110(r): The Office of Court Administration (OCA) must create electronic forms for unrepresented petitioners to initiate actions electronically under the NYC Administrative Code (section 27-2115(h)).
  • Section 400(4): For an unrepresented petitioner initiating a proceeding under NYC Admin Code 27-2115(h), there shall be no notarization or verification required; instead, an affirmation of truth (per CPLR 2106) is used.

NYC Civil Court Act – Fees and Service

  • Section 1911(b): Filing fees for summons, etc., apply, but no filing fee is charged for initiating a proceeding by an unrepresented petitioner under the electronic filing provision (i.e., for a petition and order to show cause under NYC Admin Code 27-2115(h)).

Nonpayment Proceedings and Housing (Real Property Actions and Proceedings Law, RPAPL)

  • Section 732 (amendments): In nonpayment (eviction) proceedings, unrepresented respondents may file written answers by electronic means without notarization or verification. Optional electronic filing forms will be provided; respondents may answer without appearing in person, with notices adjusted accordingly. The court must provide an optional electronic answering form listing defenses/counterclaims.
  • Section 735 (RPAPL): Introduces rules for electronic service of written answers by unrepresented respondents, including affirmation of service in lieu of notarized affidavits when served by electronic means. Allows service directly to petitioner's attorney or petitioner via electronic means, with mail fallback as needed.
  • Section 743 (RPAPL): For RPAPL cases, writing an answer may be transmitted electronically; no notarization required; optional electronic form for unrepresented respondents to present defenses/counterclaims.
  • Section 749(2) Amended: Notices of eviction must include information directing respondents to apply for orders to show cause via electronic means, with links to electronic filing instructions.

Orders to Show Cause

  • New RPAPL Section 750: Unrepresented respondents may apply for an order to show cause (OTSC) by electronic filing. Accompanying affidavits may be sworn affirmations (no notarization required). If a party has not consented to electronic service, the court must provide notice options and mail the OTSC and documents via certified mail.

Affected parties and entities

  • Unrepresented/Pro Se litigants: Primary beneficiaries, gaining broader ability to file, respond, and receive notices electronically without notarization, and with optional electronic service.
  • Courts and the Office of Court Administration: Responsible for implementing electronic forms, notices, and processes; ensuring accessibility and clear guidance for unrepresented litigants.
  • Attorneys and petitioners in RPAPL cases: May receive electronic service where permitted; requires addressing consent to electronic filing for smooth workflow.
  • New York City civil court system: Specific provisions affect filings, service, and eviction-related procedures, aligning with electronic filing capabilities.

Procedural and timeline aspects

  • Effective date: The Act takes effect 90 days after becoming law.
  • Implementation: OCA to promulgate electronic forms for initiation (Section 110(r)) and to provide optional forms for defendants/ respondents who file or respond by electronic means (Sections 732, 743, and 750 context).
  • Service and notice: Several sections specify that electronic service may be used for filing or responses, with mandatory or optional physical notice provisions (including certified mail where appropriate).

Practical implications

  • Increased accessibility and efficiency for unrepresented litigants, reducing the need for notarized documents.
  • Potential reductions in time and cost for start-of-case filings, responses, and OTSCs.
  • Courts will provide guidance and forms to facilitate electronic filing and service, with clear notices about options to participate electronically.

If you’d like, I can tailor this summary to a specific audience (legal practitioners, housing advocates, or average readers) or provide a side-by-side comparison with current law.

Compiled from official sources — confirm details with the bill’s official record.

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