Page 15 - The Suffolk Lawyer - March 2021 - Vol. 36, No. 2
P. 15


                                                                   Converting Your Paper

                                                                                    Case to E-file

                                                                  t goes without saying that the Covid-19

                                                                  pandemic has changed how business

                                                         I and government services are provided

                                                    and how those organizations operate. We

                                               have all been forced to make more effective and

            widespread use of technology. It was more than just about sur-

            vival. As Clerk of the Supreme and County Courts, recorder of

            land title documents and Records Management Officer of Suffolk

            County, it was about meeting my Constitutional and legal duties

            to maintain and provide access to those documents.

               Since 2013, the Court and I have actively
            implemented and expanded electronic filing
            of Supreme Court cases through the New
            York State Courts Electronic Filing system
            (“NYSCEF”). Through May, 2020, Suffolk
            County was a mandatory electronic filing
            (“E-file”) Court for all cases except for: CPLR
            Art. 70 and 78, Election Law, Mental Hy-
            giene Law, Matrimonial, Emergency Medical
            Treatment, Name Change and Civil Forfei-
               Those case types all became Consen-
            sual/Voluntary E-file on June 1, 2020 pur-
            suant to Administrative Order AO/116/20.
            More importantly, that AO made all case
            types that are not mandatory or mandatory
            in part consensual. As of this writing, all
            case types that can be filed in Suffolk
            County Supreme Court may or must be E-
               Throughout the pandemic and until the
            rescission of the tolling of various time peri-
            ods by Executive Order on November 4,
            2020, attorneys were required to file all        use of NYSCEF in Suffolk and throughout the        Suffolk County developed a protocol
            court documents electronically with limited      State made EDDS unnecessary for Supreme based upon the requirements of Rule 202.5-
            exceptions. Working copies were prohibited.      Court filings. The issue became converting      b(b)(2)(iv) which permits conversion by
            That particular restriction remains.             all of the pending paper cases to E-filing. Court order or stipulation of the parties. Stip-
               In order to facilitate the E-filing of docu-  EDDS was then modified in Supreme Court ulations to convert have been ongoing for
            ments, the Office of Court Administration,       to function solely as the mechanism for sub- years but on a very small scale. Conversion
            implemented the Electronic Document Deliv-       mission of requests to the Courts and County orders have been even less so. However,
            ery System (“EDDS”) for use throughout the       Clerks for conversion of cases to electronic    with the imposition of the electronic filing
            Unified Court System as a means to limit foot    filing.
            traffic in all courthouses. Already extensive                                                                          (Continued on page 28)

            MARCH 2021 EDITION • The Official Publication of the Suffolk County Bar Association • THE SUFFOLK LAWYER  15
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