S T A T E O F N E W Y O R K
________________________________________________________________________
4135--A
1999-2000 Regular Sessions
I N S E N A T E
March 26, 1999
___________
Introduced by Sens. VOLKER, LACK, SKELOS -- (at request of the Judici-
ary) -- read twice and ordered printed, and when printed to be commit-
ted to the Committee on Codes -- reported favorably from said commit-
tee and committed to the Committee on Rules -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the civil practice law and rules and the judiciary law,
in relation to authorization of pilot programs permitting use of
facsimile transmission or electronic means to commence an action or
special proceeding and providing for the repeal of certain provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 304 of the civil practice law and rules, as amended
2 by chapter 606 of the laws of 1996, is amended to read as follows:
3 S 304. Method of commencing action or special proceeding. An action
4 is commenced by filing a summons and complaint or summons with notice.
5 A special proceeding is commenced by filing a notice of petition or
6 order to show cause and a petition. Where a court finds that circum-
7 stances prevent immediate filing, the signing of an order requiring the
8 subsequent filing at a specific time and date not later than five days
9 thereafter shall commence the action. For purposes of this section, and
10 for purposes of {sections} SECTION two hundred three OF THIS CHAPTER and
11 SECTION three hundred six-a of this {chapter} ARTICLE, filing shall mean
12 the delivery of the summons with notice, summons and complaint, notice
13 of petition or order to show cause to the clerk of the court in the
14 county in which the action or special proceeding is brought or any other
15 person designated by the clerk of the court for that purpose together
16 with any fee required as specified in rule twenty-one hundred two of
17 this chapter for filing. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
18 SUCH DELIVERY MAY BE ACCOMPLISHED BY FACSIMILE TRANSMISSION OR ELECTRON-
19 IC MEANS, AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED THREE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08691-03-9
S. 4135--A 2
1 OF THIS CHAPTER, WHERE AND IN THE MANNER AUTHORIZED BY THE CHIEF ADMIN-
2 ISTRATOR OF THE COURTS BY RULE. At {such} THE time of filing, the
3 {original and a copy of such} FILED papers shall be date stamped by {a}
4 THE CLERK OF THE court {clerk} who shall file {the original} THEM and
5 maintain a record of the date of the filing and who shall {immediately}
6 return {the} FORTHWITH A DATE STAMPED copy, TOGETHER WITH AN INDEX
7 NUMBER, to the FILING party {who brought the filing}. WHERE FILING IS BY
8 FACSIMILE TRANSMISSION, THE CLERK OF THE COURT NEED ONLY RETURN DATED
9 STAMPED COPY OF THE FIRST PAGE OF THE PAPERS INITIATING THE LAWSUIT,
10 TOGETHER WITH THE INDEX NUMBER. WHERE FILING IS BY ELECTRONIC MEANS, THE
11 CLERK SHALL, IN ACCORDANCE WITH RULES PROMULGATED BY THE CHIEF ADMINIS-
12 TRATOR, FORTHWITH NOTIFY THE FILING PARTY OF THE INDEX NUMBER AND THE
13 DATE AND TIME OF FILING. A CONFIRMATION RECORD PRODUCED BY THE FILING
14 PARTY`S FACSIMILE MACHINE OR COMPUTER AND AN AFFIDAVIT OF FILING BY THE
15 FILING PARTY, SHALL BE PRIMA FACIE EVIDENCE THAT THE FILING PARTY TRANS-
16 MITTED DOCUMENTS CONSISTENT WITH THE DATE, TIME AND PLACE APPEARING ON
17 THE CONFIRMATION RECORD.
18 S 2. Rule 2101 of the civil practice law and rules is amended by
19 adding a new subdivision (g) to read as follows:
20 (G) SERVICE BY ELECTRONIC MEANS. EACH PAPER SERVED OR FILED BY ELEC-
21 TRONIC MEANS, AS DEFINED IN SUBDIVISION (F) OF RULE TWENTY-ONE HUNDRED
22 THREE, SHALL BE CAPABLE OF BEING REPRODUCED BY THE RECEIVER SO AS TO
23 COMPLY WITH THE PROVISIONS OF SUBDIVISIONS (A) THROUGH (D) OF THIS RULE.
24 S 3. Paragraphs 5 and 6 of subdivision (b) of rule 2103 of the civil
25 practice law and rules, paragraph 5 as amended by chapter 244 of the
26 laws of 1990 and paragraph 6 as added by chapter 478 of the laws of 1989
27 and as renumbered by chapter 244 of the laws of 1990, are amended to
28 read as follows:
29 5. by transmitting the paper to the attorney by {electronic means}
30 FACSIMILE TRANSMISSION, provided that a FACSIMILE telephone number {or
31 other station or other limitation, if any,} is designated by the attor-
32 ney for that purpose. Service by {electronic means} FACSIMILE TRANS-
33 MISSION shall be complete upon the receipt by the sender of a signal
34 from the equipment of the attorney served indicating that the trans-
35 mission was received, and the mailing of a copy of the paper to that
36 attorney. The designation of a FACSIMILE telephone number {or other
37 station for service by electronic means} in the address block subscribed
38 on a paper served or filed in the course of an action or proceeding
39 shall constitute consent to service by {electronic means} FACSIMILE
40 TRANSMISSION in accordance with this subdivision. An attorney may change
41 or rescind a FACSIMILE TELEPHONE number {or address designated for
42 service of documents} by serving a notice on the other parties; or
43 6. by dispatching the paper to the attorney by overnight delivery
44 service at the address designated by the attorney for that purpose or,
45 if none is designated, at the attorney`s last known address. Service by
46 overnight delivery service shall be complete upon deposit of the paper
47 enclosed in a properly addressed wrapper into the custody of the over-
48 night delivery service for overnight delivery, prior to the latest time
49 designated by the overnight delivery service for overnight delivery.
50 Where a period of time prescribed by law is measured from the service of
51 a paper and service is by overnight delivery, one business day shall be
52 added to the prescribed period. "Overnight delivery service" means any
53 delivery service which regularly accepts items for overnight delivery to
54 any address in the state{.}; OR
55 S 4. Subdivision (b) of rule 2103 of the civil practice law and rules
56 is amended by adding a new paragraph 7 to read as follows:
S. 4135--A 3
1 7. BY TRANSMITTING THE PAPER TO THE ATTORNEY BY ELECTRONIC MEANS WHERE
2 AND IN THE MANNER AUTHORIZED BY THE CHIEF ADMINISTRATOR OF THE COURTS BY
3 RULE UPON THE PARTY`S WRITTEN CONSENT. THE SUBJECT MATTER HEADING FOR
4 EACH PAPER SENT BY ELECTRONIC MEANS MUST INDICATE THAT THE MATTER BEING
5 TRANSMITTED ELECTRONICALLY IS RELATED TO A COURT PROCEEDING.
6 S 5. Subdivision (f) of rule 2103 of the civil practice law and rules,
7 as added by chapter 461 of the laws of 1989, is amended to read as
8 follows:
9 (f) Definitions. For the purposes of this rule:
10 1. "Mailing" means the deposit of a paper enclosed in a first class
11 postpaid wrapper, addressed to the address designated by a person for
12 that purpose or, if none is designated, at that person`s last known
13 address, in a post office or official depository under the exclusive
14 care and custody of the United States Postal Service within the state;
15 2. "Electronic means" means any method of transmission of information
16 between {two} COMPUTERS OR OTHER machines designed for the purpose of
17 sending and receiving such transmissions, and which {results in the
18 fixation of} ALLOWS the RECIPIENT TO REPRODUCE THE information transmit-
19 ted in a tangible medium of expression{.};
20 3. "FACSIMILE TRANSMISSION" MEANS ANY METHOD OF TRANSMISSION OF DOCU-
21 MENTS TO A FACSIMILE MACHINE AT A REMOTE LOCATION WHICH CAN AUTOMAT-
22 ICALLY PRODUCE A TANGIBLE COPY OF SUCH DOCUMENTS.
23 S 6. Notwithstanding any other provision of law, the chief administra-
24 tor of the courts, with the approval of the administrative board of the
25 courts, may promulgate rules authorizing an experimental program in
26 which actions and special proceedings in supreme court may be commenced
27 in the supreme court of Monroe, Westchester, New York, and Suffolk coun-
28 ties and the New York court of claims. Participation in this program
29 shall be strictly voluntary, and will take place only upon consent. For
30 purposes of this section, "facsimile transmission" and "electronic
31 means" shall be as defined in subdivision (f) of rule 2103 of the civil
32 practice law and rules. The cases subject to filing by facsimile shall
33 be limited to commercial claims, mental hygiene and conservatorship
34 proceedings, tax certiorari claims, and claims against the state of New
35 York. The cases subject to filing by electronic means shall be limited
36 to those involving commercial and tax certiorari claims.
37 S 7. The civil practice law and rules is amended by adding a new
38 section 8023 to read as follows:
39 S 8023. PAYMENT OF FEE BY CREDIT CARD. NOTWITHSTANDING ANY PROVISION
40 OF LAW TO THE CONTRARY, A PARTY MAY PAY ANY OF THE FEES SPECIFIED IN
41 SUBDIVISION (A) OF SECTION 8018, SUBDIVISIONS (A) AND (C) OF SECTION
42 8020 AND SECTION 8022 OF THIS ARTICLE BY MEANS OF A CREDIT CARD OR SIMI-
43 LAR DEVICE; PROVIDED, HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION OF
44 LAW, ANY PARTY PAYING A FEE HEREUNDER IN SUCH MANNER ALSO MAY BE
45 REQUIRED TO PAY A REASONABLE ADMINISTRATIVE FEE. THE AMOUNT OF SUCH FEE
46 AND THE TIME AND MANNER OF ITS PAYMENT SHALL BE IN ACCORDANCE WITH THE
47 SYSTEM ESTABLISHED PURSUANT TO PARAGRAPH (J) OF SUBDIVISION TWO OF
48 SECTION TWO HUNDRED TWELVE OF THE JUDICIARY LAW.
49 S 8. Paragraph (j) of subdivision 2 of section 212 of the judiciary
50 law, as amended by chapter 805 of the laws of 1987 and relettered by
51 chapter 316 of the laws of 1988, is amended to read as follows:
52 (j) Notwithstanding any provision of law, rule or regulation to the
53 contrary, establish a system for the posting of bail in court and the
54 payment of fines AND COURT FEES by credit card or similar device. In
55 establishing such system, the chief administrator shall seek the assist-
56 ance of the state comptroller who shall assist in developing such system
S. 4135--A 4
1 so as to ensure that such funds shall be returned to {the} ANY jurisdic-
2 tion which, by law, {is} MAY BE entitled to them. The chief administra-
3 tor shall periodically accord the head of each police department or
4 police force and of any state department, agency, board, commission or
5 public authority having police officers who fix pre-arraignment bail
6 pursuant to section 150.30 of the criminal procedure law an opportunity
7 to have the system established pursuant to this paragraph apply to the
8 posting of pre-arraignment bail with police officers under his or her
9 jurisdiction.
10 S 9. Not later than April 1, 2002, the chief administrator of the
11 courts shall submit to the legislature, the governor and the chief judge
12 of the state a report evaluating the experiment authorized by this act
13 and containing recommendations for further legislation.
14 S 10. This act shall take effect immediately; provided, however, that
15 section 8023 of the civil practice law and rules, as added by section
16 seven of this act and the amendment to paragraph (j) of subdivision 2 of
17 section 212 of the judiciary law made by section eight of this act, and
18 the authority of the chief administrator of the courts to promulgate the
19 rules authorized by section 304 and paragraph 7 of subdivision (b) of
20 rule 2103 of the civil practice law and rules, as amended by section one
21 of this act and as added by section four of this act, respectively,
22 shall expire July 1, 2002 when upon such date the amendments made by
23 such sections of this act shall be deemed repealed and provided further,
24 however, that section six of this act shall expire and be deemed
25 repealed July 1, 2002.
.SO DOC S 4135A *END* BTXT 1999
Bill S04135
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