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A. Cases Eligible for consensual
E-Filing
Commencing May 23,
2018, all Supreme Delaware County
cases maybe commenced
electronically.
Cases filed in hard
copy prior to May 23, 2018 will not
be converted to electronic filing.
B. Filing of Papers
Generally
1. Index Numbers :
The index
number must be referenced on all
e-filed documents and
correspondence.
All
e-filed case index numbers will
contain the letters "EF" prior
to the year and the file number
(for example: EF2018-0100)
2. Court fees:
Court fees in
e-filed cases must be paid
online with the NYSCEF system
using a credit card. The
document is not considered to
have been filed until payment of
the fee has been tendered (see
CPLR 304).
3. Requests for
Judicial Intervention (RJI):
The RJI will be
submitted via the NYSCEF system
along with any required RJI
addendum forms. When the RJI is
filed and the fee paid online,
the Delaware County Clerk’s
Office will electronically
forward the RJI and any
accompanying documents to the
Delaware Supreme Court Clerk’s
Office for assignment and
processing. Counsel will receive
notification of Judge assignment
via the NYSCEF system.
4. Hard Copy
filings:
Any papers to be
filed with the court in an
e-filed case must be filed
online with the E-filing system
except where a special exemption
is granted (e.g., oversized
maps, photographs). If such an
exemption is granted, Form,
"Notice of Hard Copy
Submission - E-filed Case,"
must be attached to such
documents forms which are not
filed online. Also, "Notice
of Hard Copy Exhibit Filing"
must be completed and uploaded
to the action’s e-file. Both of
these forms may be found on the
NYSCEF website and will NOT be
provided upon request.
5. Correspondence:
Correspondence
may be filed and transmitted to
other parties via the NYSCEF
system. There is an email link
available in every NYSCEF case
to send items to counsel.
However, any papers or
correspondence that the court or
attorneys would not ordinarily
file with the Delaware County
Clerk in a hard-copy case need
not be filed on the NYSCEF
system unless otherwise directed
by the assigned justice.
6. Filing
errors/corrections:
If there is an
error or an additional document
is required, the system will
notify the filing party, who
will make the
corrections/additions and
resubmit them online.
7. Working Copies of
E-filed Documents:
a. Delaware
Supreme Court justices do NOT
require working (courtesy)
copies unless otherwise
directed. The Delaware County
Clerk’s Office will NOT accept
the working copies. Working
copies must be sent directly to
the assigned justice’s chambers.
b. A copy of the
Confirmation Notice,
generated by the NYSCEF system
at the time a document is
e-filed, must be attached (to
the front of the document) to
every working copy provided to
chambers. If the Confirmation
Notice is missing, the copy
will not be accepted.
c. Courtesy
copies do not become part of the
official court record as
maintained by the Delaware
County Clerk’s Office and will
be destroyed by chambers at the
disposition of the case. In the
event that, counsel fails to
file a document via NYSCEF, the
document will not be part of the
court record.
8. Technical
Failures:
When filing by
electronic means is hindered by
a technical failure (as set
forth in Uniform Rule
§202.5-b(h)(3)(i)), a party may
file a hard copy with the County
Clerk. With the exception of
deadlines that by law cannot be
extended (e.g., a statute of
limitations or the deadline for
filing a Notice of Appeal), the
time for filing of any document
that is delayed due to technical
failure of the NYSCEF system
will be extended for one day for
each day on which such failure
occurs, unless otherwise ordered
by the court. A "Notice of
Hard Copy Filing Submission -
E-filed Case" must accompany
any documents not filed via
NYSCEF.
9. Motions on
Notice:
a. Appearances
are NOT required on all motions
in Delaware Supreme Court, as
they are scheduled UPON
SUBMISSION ONLY, unless
otherwise requested or directed
by the assigned justice. See
individual court rules at:
http://nycourts.gov/courts/6jd/delaware/motions.shtml
http://www.nycourts.gov/courts/5jd/rules.shtml
b. All exhibits
in e-filed cases must be e-filed
individually as separate
attachments. Each Exhibit
must be given an identifying
description.
c. If the motion
is the first filing in an
action, the case will be
assigned and counsel will be
notified by the Supreme Court
Clerk’s Office via the NYSCEF
system of the assigned justice
and return date.
d. If the motion is on a
previously assigned case,
counsel may choose a return date
from the assigned justice’s
motion term schedule (see
separate motion dates as to
Foreclosures). If the date is
unavailable, the Supreme Court
Clerk’s Office will assign the
motion to the next available
motion term date and will notify
counsel via e-mail. The change
will also appear in the
notification generated by the
NYSCEF system.
e. Cross-motions, opposition and
reply papers must be submitted
online. Any courtesy "working"
copies, if required (see Section
B7 of these rules), must be
provided directly to the
assigned justice. Fees must be
paid on all cross motions.
Additional papers relating to
motions must be e-filed at least
two business days prior to the
return date, excluding the
return date.
f. Motions and
Orders to Show Cause are
assigned a sequence number by
the system. Counsel must be sure
that cross motions and other
filings correspond with the
correct sequence number so that
a cross motion will not be
associated with the wrong
original motion.
g. As to
adjournment requests, please
submit by filing the proper
document via NYSCEF, for the
assigned justice’s Chambers.
h. Decisions
and/or orders on motions in an
e-filed case will be signed in
hard copy by the assigned
justice. Original orders and
decisions will be uploaded to
NYSCEF either by chambers or by
the Delaware County Clerk’s
Office. Parties will receive
notifications of the filing from
NYSCEF. (Original orders and
decisions will not be sent to
counsel for filing).
10. Orders to Show
Cause:
a. Proposed
Orders to Show Cause and
supporting papers may be filed
online.
b. In instances
where a party because of exigent
circumstance does not wish to
provide advanced notice to an
adversary of a proposed Order to
Show Cause by filing the Order
to Show Cause with supporting
papers on NYSCEF (which
generates an e-mail message to
the parties), the proposed Order
to Show Cause and supporting
documents may be submitted in
hard copy to the Delaware County
Clerk’s Office. Form, "Notice
of Hard Copy Filing Submission -
E-filed case," must
accompany the hard copy of the
Order to Show Cause. After
signature, the original order to
show cause must be filed with
the Delaware County Clerk’s
Office for uploading to NYSCEF.
c. Any
additional papers or documents
on an e-filed case which are
presented directly to the
assigned justice on any Order to
Show Cause must be filed online
in NYSCEF as soon as possible
following the motion or Order to
Show Cause.
11. Procedures
Regarding Service:
Please see
NYSCEF User Manual Section IV(M)
"Service of Commencement Papers"
and VIII "Service through the
NYSCEF System."
12. Sealing
of Documents
a. As with hard
copy files, if a party wishes to
have a paper or file sealed in
an e-filed case, the party must
proceed in accordance with the
Uniform Rules for the Trial
Courts (NYCRR).
b. Once a
sealing order is granted, any
documents filed in hard copy
must be uploaded to the sealed
NYSCEF file. The County Clerk
will contact the filer to make
arrangements for upload.
Depending upon the size of the
PDFs, the filer can email the
PDFs to an email address
designated by the County Clerk
or mail a CD-ROM containing the
PDFs. Any questions on this
procedure should be addressed to
the Delaware County Clerk’s
Office at 607-832-5700.
13. Notice to the
County Clerk:
If an order
filed in a case on the NYSCEF
system requires the Delaware
County Clerk to take action,
including but not limited to the
sealing of an existing record,
discharging a mortgage, or
amending a judgment, NYSCEF Form
"Notice to County Clerk -
CPLR 8019(c)" must be
uploaded to the case.
mailto:cce-file@ongov.net
14. Notice of
Entry:
a. The Delaware
County Clerk will file orders
electronically and such filing
will constitute entry of the
order. The County Clerk will
transmit an e-mail message to
all filing users on the case
notifying them that the order
has been entered. Such notice
does not constitute service of
Notice of Entry by any party.
b. Notice of
Entry is served by a party as
follows: the party transmits
electronically to all parties to
be served the notification
received from the Delaware
County Clerk, along with an
express statement that the
transmittal constitutes Notice
of Entry.
15. Judgments
and the Judgment Roll:
a. Once the
Delaware County Clerk has taxed
costs and disbursements and has
in hand a signed judgment, the
County Clerk’s Office will stamp
the judgment with their file
stamp and scan the judgment to
the system. This constitutes
entry. The County Clerk will
then transmit an e-mail message
to all filing users on the case
notifying them that the judgment
has been entered. This notice
does not constitute service of
notice of entry by any party
(see Notice of Entry 11(b)).
b. The filing
fee for a default judgment is
$45. For e-filing, use document
type, "Clerk Default Judgment
(Proposed)."
c. When the
judgment is approved the
judgment will be entered on the
County Clerk docket, then later
uploaded to NYSCEF, at which
time the notification will be
sent. This notice does not
constitute service of notice of
entry by any party. (See Notice
of Entry, Section 12).
d. Orders that
can be countersigned by the
Delaware County Clerk as a
judgment will be reviewed and
uploaded by the County Clerk.
e. If any
problems are detected, the
County Clerk will communicate
with the filer by phone, e-mail
or a return/correction thru
NYSCEF.
Delaware County
does not require the submission
of Form, Certification of
Signature (Judge).
16. Notices
of Appeal and Appeal Papers
a. Party(ies)
wishing to file a Notice of
Appeal must file online with
NYSCEF.
b. The other
parties to the case may be
served online in the manner
described above. Proof of
service must also be filed
online.
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