N.Y. Comp. Codes R. & Regs. tit. 22 § 206.5a

Current through Register Vol. 46, No. 45, November 2, 2024

Section 206.5a - Filing by facsimile transmission

(a) Application. This section shall take effect on May 3, 1999, and shall be applicable to the filing of any paper with the court in any action or proceeding commenced on or after such date.

(b) Filing of papers with the court.

(1) Except where papers required or permitted to be filed with the court must be filed by electronic means, such papers may be delivered to the clerk of the court by facsimile transmission at a facsimile telephone number provided for such purpose by the clerk. The cover sheet utilized for such facsimile transmission shall be in a form prescribed by the Chief Administrator of the Courts and shall indicate the nature of the paper being filed; any previously assigned claim number; the name and address of the filing party or the party's attorney; the telephone number of the party or attorney; the facsimile telephone number that may receive a return facsimile transmission; and the number of total pages, including the cover sheet, being filed. All such papers shall comply with the requirements of CPLR 2101(a) and shall be signed and verified as required by law. The clerk shall not be required to accept such filing if it is more than 50 pages in length (including exhibits, but excluding the cover sheet). Documents may be filed by facsimile transmission at any time of the day or night; only documents received before 12 midnight on any day will be considered to have been received as of that day.

(2) Upon receipt of papers filed by facsimile transmission, the clerk shall stamp such papers with the date the papers were received, and no later than the following business day, shall transmit a copy of the first page of each paper received, containing the date of receipt, to the filing party or attorney either by facsimile transmission or by posting by first class mail. If any page of the papers received by the clerk is missing or illegible, the confirmation of receipt transmitted by the clerk shall so state, and the party or attorney forthwith shall transmit a new or corrected page to the clerk for appropriate inclusion in the transmitted papers. Notice shall be given by the clerk to the party or attorney that the new or corrected page was received.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 206.5a