N.Y. Family Court Act § 214: Chief administrator to prescribe forms; electronic filing in family court

§ 214. Chief administrator to prescribe forms; electronic filing in

family court. (a) The chief administrator of the courts shall promulgate

a uniform, statewide petition for adoption and may prescribe such other

forms as may be proper for the efficient and just administration of this

act, including forms for petitions, summons, warrants, subpoenas,

undertakings, and orders authorized by this act.

(b)(i) Notwithstanding any other provision of law, the chief

administrator, with the approval of the administrative board of the

courts, may promulgate rules authorizing a program in the use of

electronic means ("e-filing") in the family court for: (1) the

origination of proceedings in such court, and (2) the filing and service

of papers in pending proceedings.

(ii) Participation in this program may be required or may be voluntary

as provided by the chief administrator, except that it shall be strictly

voluntary as to any party to an action or proceeding who is not

represented by counsel unless such party, upon his or her request,

chooses to participate.

(c) (i) Where participation in this program is to be voluntary:

(1) filing a petition by electronic means with the court for the

purpose of originating a proceeding shall not require the consent of any

other party; nor shall the failure of a party or other person who is

entitled to notice of the proceedings to consent to participation bar

any other party from filing and serving papers by electronic means upon

the court or any other party or person entitled to receive notice of

such proceeding who has consented to participation;

(2) all parties shall be notified clearly, in plain language, about

their options to participate in filing by electronic means;

(3) no party to an action or proceeding shall be compelled, directly

or indirectly, to participate;

(4) where a party is not represented by counsel, the court shall

explain such party's options for electronic filing in plain language,

including the option for expedited processing, and shall inquire whether

he or she wishes to participate, provided however the unrepresented

litigant may participate in the program only upon his or her request,

which shall be documented in the case file, after said party has been

presented with sufficient information in plain language concerning the

program;

(5) upon the filing of a petition with the court by electronic means,

a party to the proceeding and any attorney for such person shall be

permitted to immediately review and obtain copies of such documents and

papers if such person or attorney would have been authorized by law to

review or obtain copies of such documents and papers if they had been

filed with the court in paper form.

(ii) Where participation in this program is to be required:

(1) such requirement shall not be effective in a court in a county

unless the chief administrator shall:

(A) first consult with and obtain the agreement of each authorized

presentment agency, child protective agency, the family court bar

providing representation to parents, and the family court bar providing

representation to children (as represented by the head of each legal

services organization representing parents and/or children, the head of

each public defender organization, and president of the local bar

association as applicable) of such county, provide all persons or

organizations, or their representative or representatives, who regularly

appear in proceedings in the family court of such county, in which

proceedings the requirement of consent is to be eliminated with

reasonable notice and an opportunity to submit comments with respect

thereto and give due consideration to all such comments, and consult

with the members of the advisory committee continued pursuant to

subparagraph (vi) of paragraph (u) of subdivision two of section two

hundred twelve of the judiciary law; and

(B) afford all those with whom he or she consults pursuant to clause

(A) of this subparagraph with a reasonable opportunity to submit

comments with respect to the program, which comments he or she shall

consider and shall post for public review on the office of court

administration's website; and

(C) consult with the members of the advisory committee continued

pursuant to subparagraph (vi) of paragraph (u) of subdivision two of

section two hundred twelve of the judiciary law; and

(2) as provided in subdivision (d) of this section, no party who is

not represented by counsel nor any counsel in an affected case who opts

out of participation in the program shall be required to participate

therein.

(d) Where the chief administrator eliminates the requirement of

consent as provided in subparagraph two of paragraph (ii) of subdivision

(b) of this section, he or she shall afford counsel the opportunity to

opt out of the program, via presentation of a prescribed form to be

filed with the clerk of the court where the proceeding is pending. Said

form shall permit an attorney to opt out of participation in the program

under any of the following circumstances, in which event, he or she will

not be compelled to participate:

(i) Where the attorney certifies in good faith that he or she lacks

the computer hardware and/or connection to the internet and/or scanner

or other device by which documents may be converted to an electronic

format; or

(ii) Where the attorney certifies in good faith that he or she lacks

the requisite knowledge in the operation of such computers and/or

scanners necessary to participate. For the purposes of this paragraph,

the knowledge of any employee of an attorney, or any employee of the

attorney's law firm, office or business who is subject to such

attorney's direction, shall be imputed to the attorney.

Notwithstanding the foregoing provisions of this paragraph: (A) where

a party or a person entitled to notice of the proceedings is not

represented by counsel, the court shall explain such party's options for

electronic filing in plain language, including the option for expedited

processing, and shall inquire whether he or she wishes to participate,

provided however, the unrepresented litigant may participate in the

program only upon his or her request, which shall be documented in the

case file, after said party has been presented with sufficient

information in plain language concerning the program; (B) a party who is

not represented by counsel who has chosen to participate in the program

shall be afforded the opportunity to opt out of the program for any

reason via presentation of a prescribed form to be filed with the clerk

of the court where the proceeding is pending; and (C) a court may exempt

any attorney from being required to participate in the program upon

application for such exemption, showing good cause therefor.

(e) For purposes of this section, "electronic means" shall be as

defined in subdivision (f) of rule twenty-one hundred three of the civil

practice law and rules.

(f) Notwithstanding any provision of this chapter, no paper or

document that is filed by electronic means in a proceeding in family

court shall be available for public inspection on-line. Subject to the

provisions of existing laws governing the sealing and confidentiality of

court records, nothing herein shall prevent the unified court system

from sharing statistical information that does not include any papers or

documents filed with the action.

(g) Nothing in this section shall affect or change any existing laws

governing the sealing and confidentiality of court records in family

court proceedings or access to court records by the parties to such

proceedings, nor shall this section be construed to compel a party to

file a sealed document by electronic means.

(h) Nothing in this section shall affect or change existing laws

governing service of process, nor shall this section be construed to

abrogate existing personal service requirements as set forth in this act

and the civil practice law and rules.