§ 2111. Filing of papers in the trial courts by facsimile transmission
and by electronic means. (a) Notwithstanding any other provision of
law, the chief administrator of the courts, with the approval of the
administrative board of the courts, may promulgate rules authorizing a
program in the use of facsimile transmission only in the court of claims
and electronic means in the courts of New York having civil jurisdiction
for: (i) the commencement of civil actions and proceedings, and (ii) the
filing and service of papers in pending actions and proceedings.
Provided, however, the chief administrator shall consult with the county
clerk of a county outside the city of New York before the use of
electronic means is to be authorized hereunder in the supreme court or
the county court of such county, afford him or her the opportunity to
submit comments with respect thereto, consider any such comments and
obtain the agreement thereto of such county clerk.

(b) 1. Participation in this program may be required or may be
voluntary as provided by the chief administrator, except that it shall
be strictly voluntary as to any party to an action or proceeding who is
not represented by counsel.

2. (A) Where participation in this program is to be voluntary:

(i) commencement of an action or proceeding by facsimile transmission
or electronic means shall not require the consent of any other party;
nor shall a party's failure to consent to participation in an action or
proceeding bar any other party to the action or proceeding from filing
and serving papers by facsimile transmission or electronic means upon
the court or any other party to such action or proceeding who has
consented to participation;

(ii) all parties shall be notified clearly, in plain language, about
their options to participate in filing by electronic means;

(iii) no party to an action or proceeding shall be compelled, directly
or indirectly, to participate;

(iv) where a party is not represented by counsel, the court shall
explain such party's options for electronic filing in plain language,
including the option for expedited processing, and shall inquire whether
he or she wishes to participate, provided however the unrepresented
litigant may participate in the program only upon his or her request,
which shall be documented in the case file, after said party has been
presented with sufficient information in plain language concerning the
program.

(B) Where participation in this program is to be required:

(i) such requirement shall not be effective in a court in a county
unless, in addition to consulting with the county clerk of such county
and obtaining his or her agreement thereto if the court is a supreme
court or county court, the chief administrator shall:

(1) first consult with members of the organized bar including but not
limited to city, state, county, and women's bar associations and, where
they practice in such court in such county, with (a) institutional
service providers, (b) not-for-profit legal service providers, (c)
attorneys assigned pursuant to article eighteen-B of the county law, (d)
unaffiliated attorneys who regularly appear in proceedings that are or
have been affected by a program of electronic filing in such county, and
(e) any other persons as deemed to be appropriate by the chief
administrator;

(2) afford all those with whom he or she consults pursuant to item one
of this clause the opportunity to submit comments with respect to the
program, which comments, including but not limited to comments related
to unrepresented litigants, he or she shall consider and shall post for
public review on the office of court administration's website; and

(ii) as provided in paragraph three of this subdivision, no party who
is not represented by counsel nor any counsel in an affected case who
opts out of participation in the program shall be required to
participate therein.

3. Where the chief administrator requires participation in electronic
filing as provided in paragraph one of this subdivision, he or she shall
afford counsel the opportunity to opt out of the program, via
presentation of a prescribed form to be filed with the clerk of the
court where the action is pending. Such form shall permit an attorney to
opt out of participation in the program under any of the following
circumstances, in which event, he or she will not be compelled to
participate:

(A) where the attorney certifies in good faith that he or she lacks
the computer hardware and/or connection to the internet and/or scanner
or other device by which documents may be converted to an electronic
format; or

(B) where the attorney certifies in good faith that he or she lacks
the requisite knowledge in the operation of such computers and/or
scanners necessary to participate. For the purposes of this
subparagraph, the knowledge of any employee of an attorney, or any
employee of the attorney's law firm, office or business who is subject
to such attorney's direction, shall be imputed to the attorney.

Notwithstanding any other provision of this subdivision, where a party
is not represented by counsel, the clerk shall explain such party's
options for electronic filing in plain language and shall inquire
whether he or she wishes to participate, provided however the
unrepresented litigant may participate in the program only upon his or
her request after said party has been presented with sufficient
information in plain language concerning the program; and a party not
represented by counsel who has chosen to participate in the program
shall be afforded the opportunity to opt out of the program for any
reason via presentation of a prescribed form to be filed with the clerk
of the court where the proceeding is pending; and a court may exempt any
attorney from being required to participate in the program upon
application for such exemption, showing good cause therefor.

(c) For purposes of this section, "the filing and service of papers in
pending actions and proceedings" shall include the filing and service of
a notice of appeal pursuant to section fifty-five hundred fifteen of
this chapter.