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Our attorneys stay on top of changes in legislation, agency regulations, case law, and industry trends—then craft timely legal alerts to keep clients up to date on legal developments important to their business.

May 1, 2020

COVID-19: NYS Further Expands Virtual Courts

On April 30, 2020, NYS Chief Administrative Judge Lawrence Marks ordered, among other things, that effective May 4:

Motion papers (new and responsive papers to pending motions) may be filed electronically. They had previously been suspended.

Other applications, including post-judgment applications, may be filed in the NYS Courts Electronic Filing (NYSCEF) system or through a new electronic document delivery system that has been created for courts and jurisdictions where e-filing was unavailable. This new document delivery system will enable lawyers and litigants to send documents to courts for filing and other purposes in a secure and efficient manner. A requirement of the new document delivery system is that all filings require service by electronic means.

“Problem-solving courts” may conduct virtual court conferences.

Judges may resume referring matters for alternative dispute resolution, including to neutrals on court-established panels, community dispute resolution centers, and ADR-dedicated court staff.

Notices of appeal may be filed electronically either through NYSCEF or through the new document delivery system.

The expansion of the virtual courts will move cases along, relieve back-logged matters, widen judicial interaction and responsibilities, and move the state one step closer to normal operations.

Barclay Damon will continue to keep you apprised of further developments relating to the NYS courts.

If you have any questions regarding the content of this alert, please contact John Gaughan, partner, at jgaughan@barclaydamon.com or another member of the firm’s Torts & Products Liability Defense Practice Area.

We also have a specific team of Barclay Damon attorneys who are actively working on assessing regulatory, legislative, and other governmental updates related to COVID-19 and who are prepared to assist clients. You can reach our COVID-19 Response Team at COVID-19ResponseTeam@barclaydamon.com.

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