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Bill

A 11389

Relates to electronic filing for the court of appeals

2025 Regular Session

Authorizes the Court of Appeals to implement electronic filing for civil and criminal appellate proceedings, with exemptions and broad stakeholder input.

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Bill Summary · A 11389

Summary of Bill A. 11389 (2025-2026) – New York

Purpose and intent

  • Authorizes and governs the use of electronic filing (e-filing) for proceedings before the New York Court of Appeals.
  • The bill creates a framework for the Court of Appeals to promulgate rules enabling electronic filing and service of briefs, motions, and related papers, as well as certain types of review and certification proceedings.
  • Aims to modernize and streamline appellate practice while protecting participation for unrepresented parties and other specified groups.

Key provisions

1) Civil Practice Law and Rules (CPLR) – new Section 2113
- The Court of Appeals may promulgate rules authorizing electronic means for:
- (i) Filing and service of briefs in the Court of Appeals.
- (ii) Filing and service of motions to the Court of Appeals, including motions for permission to appeal.
- (iii) Seeking review of a determination of the state Commission on Judicial Conduct (Judiciary Law, §44).
- (iv) Certification and consideration of questions from other high courts (e.g., U.S. Supreme Court, U.S. Courts of Appeals, or equivalent appellate courts in other jurisdictions).
- (v) Filing and service of papers in pending matters.
- Participation in electronic filing is not mandatory for:
- An unrepresented party.
- Any attorney who furnishes a certificate described in subparagraphs (A) or (B) of paragraph three of subdivision (b) of section 2100-11 (related to certification requirements).
- Before implementing rules, the Court of Appeals must provide an opportunity for review and comment from a broad group of affected parties, including:
- Bar associations, legal service providers, not-for-profit providers, attorneys assigned under article 18-B (county law), unaffiliated attorneys who regularly participate in matters affected by e-filing, and other appropriate persons.

  • The term “electronic means” is defined by reference to rule 2100-3(f)(2) of the CPLR.

2) Criminal Procedure Law – new Section 460.91
- The Court of Appeals may promulgate rules for a program to use electronic means for:
- Filing and serving briefs and applications for certificates granting leave to appeal in accordance with CPLR 2113 (the new civil rules).
- Similar protections as in the civil rules apply:
- An unrepresented party and certain certified attorneys may be exempt from electronic filing requirements for appeals (as determined by subparagraphs of the related statute governing certifications and leave to appeal).
- Before promulgation, the Court of Appeals must solicit review and comment from a broad range of participants in the criminal justice system, including:
- District attorneys, Office of Indigent Legal Services representatives, public defenders, criminal defense bar organizations, victims’ rights groups, unaffiliated practitioners, and other interested parties.
- “Electronic means” has the same meaning as provided in CPLR rule 2100-3(f)(2).

3) Effective date
- The act takes effect on the first of July next succeeding the date it becomes law.
- The act authorizes immediate rulemaking and implementation measures to occur on or before the effective date to facilitate rollout.

Who is affected

  • Court of Appeals operations and case workflow (judicial administration).
  • Attorneys practicing before the Court of Appeals, including:
    • Represented and unrepresented parties in civil and criminal appeals.
    • Bar associations, publicly funded legal services, and indigent defense systems.
    • Institutional and non-profit legal service providers.
  • Other stakeholders in the appellate process, such as district attorneys, victims’ rights groups, and assigned counsel programs, due to the consultation requirements and potential shifts in filing practices.

Procedural and timeline considerations

  • Rulemaking process: The Court of Appeals must provide an opportunity for review and comment from a wide array of affected parties before adopting rules.
  • Implementation readiness: The act permits and anticipates rule development and regulatory adjustments beginning immediately, with an effective date no later than July 1 following enactment.
  • Exemption framework: The bill preserves the option to exempt certain unrepresented or certifying-attorney categories from mandatory electronic filing, maintaining access for those who may lack electronic capabilities or who are permitted exemptions.

Overall impact

  • Creates a statutory authorization for the Court of Appeals to implement electronic filing across civil and criminal appellate proceedings.
  • Establishes procedural safeguards and stakeholder consultation to ensure broad-based input and accessibility.
  • Sets a pathway for modernizing appellate submission and service processes while preserving protections for unrepresented litigants and certain exempt practitioners.

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

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