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Page 1: the clerk’s office concludes that the document meets usual filing …ww2.nycourts.gov/sites/default/files/document/files/2020... · 2020-05-04 · the clerk’s office concludes
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the clerk’s office concludes that the document meets usual filing standards, it must be accepted for filing.3 Senders should be sent an email notification if and when that filing takes place, or should be alerted to a public (court or County Clerk) website where the status of the filing can be readily ascertained.4

Please note that this EDDS system is not intended to duplicate or supplant the New York

State Courts Electronic Filing System (NYSCEF), and may not be used for filing in matters where NYSCEF is available on either a mandatory or consensual basis. Instead, it is intended for use in filing with certain courts— including Family Courts, Criminal Courts, Supreme Court (Criminal Term), certain Surrogate’s Courts, and others – where NYSCEF-based e-filing is currently unavailable. It is also intended for use in those case types in which e-filing is not generally available through NYSCEF. (A list of courts and case types currently approved for NYSCEF-based electronic filing is attached as Exh. B; an additional list of COVID-19-health emergency “essential” matters approved for e-filing is attached as Exh. C.) Please note as well that EDDS is not a tool for serving documents on other parties.

An important step in implementation of this new filing method is the development of

procedures in each court for both the review of proposed filings received through EDDS and the processing of those filings (including record entry, transmission to chambers, etc.) following approval. Because EDDS addresses filings that, by definition, have been submitted in paper format prior to the COVID-19 crisis, the development of these new procedures will be challenging, will likely vary from court to court (depending upon local operational practices and resources), and may involve an increase of clerical activity inside our courthouses and Clerk’s Offices. Those procedures should be developed and implemented locally, under the oversight of administrative judges. Of course, practices should follow the general principles laid out by gubernatorial Executive Orders and directives of the Chief Judge and the Chief Administrative Judge: review and processing should be conducted remotely to the fullest extent possible; court visitation should be kept to a minimum, and conducted with appropriate protective equipment; and reporting and self-quarantine protocols should be observed.

As always, we thank you for your dedication and excellence in addressing the challenges

of this new system. If you have any questions or comments on the program, please contact Jeffrey Carucci, Director and Statewide Coordinator of Electronic Filing, at [email protected].

Please stay healthy and safe.

c: Hon. Lawrence K. Marks Hon. George J. Silver Hon. Vito C. Caruso

 capability must continue to transmit filing fees by other means (e.g., mail or overnight mail) to complete the filing process. 3 At the discretion of the reviewing clerk, EDDS allows a date and time stamp to be applied directly to the pdf indicating that it has been accepted for filing. 4 The EDDS program will be modified in the near future to issue this filing email notification automatically. 

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Administrative Judges Nancy Barry Scott Murphy Linda Dunlap-Miller Jennifer DiLallo District Executives    

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EXHIBIT A

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1

Electronic Document Delivery System Criminal Court Screens April 30, 2020

User Screens for sending the document 

1. Entry into the EDDS system is through the EDDS Welcome Screen OR a link on a court's website

OR

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Electronic Document Delivery System Latest Screen Changes April 28, 2020

1. Entry into the EDDS system is through the EDDS Welcome Screen OR a link on a court's website

OR

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2. Getting Started  

 

 

 

 

 

 

 

 

 

 

 

 

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3. Enter Your Information 

 

 

 

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4. Select a Court 

 

5. Select Case Type 

 

 

 

 

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6. Attach PDF Documents for Uploading 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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7. Review Your Information 

 

 

 

 

 

 

 

 

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8. Thank You  

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9. Email Confirmation 

 

 

 

 

 

 

 

 

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Clerk Screens for processing the document 

1. Log into NYSCEF and go to the To Do List for your court. 

 

 

 

 

 

 

 

 

 

 

 

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2. Open each item to process the document 

 

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3. Success page of item being processed 

 

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NOTICE TO THE PUBLIC May 4, 2020

EDDS: UCS Program for Electronic Delivery of Documents

In response to the COVID-19 public health emergency and the expansion of “virtual” court operations, the Unified Court System has initiated a new program to transmit digitized documents (in pdf format) to UCS courts, County Clerks, and other court-related offices around the State. The Electronic Document Delivery System (“EDDS”) allows users, in a single transaction, to (1) enter basic information about a matter on a UCS webpage portal page; (2) upload one or more pdf documents; and (3) send those documents electronically to a court or clerk selected by the user. Upon receipt of the document(s) by the court, the sender will receive an email notification, together with a unique code that identifies the delivery. More detailed instructions for sending or filing documents through EDDS may be found here.

Users/Senders should keep several important points in mind when using this system:

1. EDDS May be Used to File Papers with Certain Courts: At the direction of the Chief Administrative Judge, during the COVID-19 public health crisis EDDS can be used to deliver documents for filing with certain courts— including some Family Courts, Criminal Courts, Supreme Court (Criminal Term), certain Surrogate’s Courts, and the Court of Claims. (A list of courts currently accepting delivery of documents for filing, and the case types permitted for such filing through EDDS, can be found here.)

To use the system for filing, the sender must simply check a box on the sender information screen and complete the sending of the document(s) to the appropriate court through the EDDS system. Upon receipt, the clerk’s office will review the document(s) for sufficiency and, if the clerk determines that filing prerequisites have been met, accept them for filing purposes. In the event that a clerk’s office has accepted and filed a document received through EDDS, the sender will be notified of that fact by email. If no email notification is received that specifically indicated the document has been accepted for filing, the sender should not assume that the filing has occurred The sender may contact the court to inquire about the status of a proposed filing.

2. EDDS is Not a Substitute for E-filing or NYSCEF: Please note that, although EDDS may be used for filing in various courts, it does not replace and may not substitute for filing under the New York State Courts Electronic Filing System (NYSCEF). Therefore, it should not be used in matters where NYSCEF is available on either a mandatory or consensual basis. (Counties and case types where NYSCEF is available are listed [here].)

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3. EDDS Delivery is not “Service” on Other Parties: Finally, unlike NYSCEF, delivery of a document through EDDS does not constitute service of the document on any other party. If service is required, the sender must serve by some other means.

In sum, EDDS is a document delivery portal that complements the UCS electronic filing system and which, upon completion and together with NYSCEF, will allow remote and immediate delivery of digitized documents throughout the Unified Court System.

Please note that the EDDS system is currently in a pilot project phase. We anticipate that the program will be expanded, with additional features, in the near future.

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EXHIBIT B

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EXHIBIT C

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Essential Proceedings Administrative Order AO/78/20

March 22, 2020 A. Criminal matters 1. arraignments 2. bail applications, reviews and writs 3. temporary orders of protection 4. resentencing of retained and incarcerated defendants 5. essential sex offender registration act (SORA) matters B. Family Court 1. child protection intake cases involving removal applications 2. newly filed juvenile delinquency intake cases involving remand placement applications, or modification thereof 3. emergency family offense petitions/temporary orders of protection 4. orders to show cause 5. stipulations on submission C. Supreme Court 1. Mental Hygiene Law (MHL) applications and hearings addressing patient retention or release 2. MHL hearings addressing the involuntary administration of medication and other medical care 3. newly filed MHL applications for an assisted outpatient treatment (AOT) plan 4. emergency applications in guardianship matters 5. temporary orders of protection (including but not limited to matters involving domestic violence) 6. emergency applications related to the coronavirus 7. emergency Election Law applications 8. extreme risk protection orders (ERPO) D. Civil/Housing matters 1. applications addressing landlord lockouts (including reductions in essential services) 2. applications addressing serious code violations 3. applications addressing serious repair orders 4. applications for post-eviction relief E. All Courts 1. any other matter that the court deems essential This list of essential proceedings is subject to ongoing review and amendment as necessary.

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Counties Permitting E-filing of Essential Matters in Supreme Court

(AO/81B/20 – Exh. B) Albany Broome Cattaraugus Cayuga Chautauqua Chemung Chenango Clinton Columbia Cortland Delaware Dutchess Erie Essex Franklin Genesee Jefferson Lewis Livingston Madison Monroe Nassau Niagara Oneida Onondaga Ontario Orange Oswego Otsego

Putnam Rensselaer Rockland St. Lawrence Saratoga Schuyler Seneca Steuben Suffolk Sullivan Tioga Tompkins Ulster Warren Washington Wayne Westchester Yates Bronx Kings New York Queens Richmond County