Filing and Service By Electronic Means (E-filing)

In the Appellate Division, First Department, electronic filing (e-filing) through the New York State Courts Electronic Filing (NYSCEF) system commenced in March 2018 with appeals in commercial matters originating in the Supreme Court, Bronx and New York Counties. In July 2019, mandatory e-filing was expanded to all malpractice matters and voluntary, consensual e-filing was permitted in all other tort matters originating in the Supreme Court, Bronx and New York Counties.

Expansion of E-filing

The First Department is expanding the categories of appeals that will be subject e-filing. Beginning on January 1, 2020, e-filing will be mandatory in:

  1. all case types e-filed (mandatory or consensual) in the Supreme Court, Bronx and New York Counties; and

  2. Contested Matrimonial.

This expansion of mandatory e-filing will be effective as follows:

  • Matters in which notices of appeal are dated on or after January 1, 2020;

  • Matters in which notices of appeal are dated prior to January 1, 2020 and where the appeal will be perfected on or after March 1, 2020. In these matters, compliance with the requirements of 22 NYCRR 1245.3(a) (Entry of Initial Information for Electronic Filing) will be measured from January 1, 2020.

  • Appeals in the above case types which have already been perfected are exempt from the mandatory e-filing requirements.

Mandatory e-filing requires all documents, as defined in 22 NYCRR 1245.1(d), to be e-filed.

Online Training

Free online training for attorneys and self-represented litigants is provided by the New York State Courts E-filing Resource Center.  Pre-registration is required. 

Formatting Specifications

General: In addition to the general formatting requirements set forth in Attachment A to the Electronic Filing Rules of the Appellate Division, all e-filed documents filed in the First Department shall comply with the formatting specifications set forth in the Court’s technical guideline for e-filed documents.

Motion formatting: Motion papers shall be filed as one PDF, which shall contain bookmarks linking to each supporting document/exhibit. A brief description of the bookmarked document should be included. For example – “Exhibit A – Notice of Appeal.”

FormsFillable Appellate Division e-filing forms.

Frequently Asked Questions (FAQ) – The FAQ contains the answers to frequently asked questions about e-filing in the First Department.