(b) Notwithstanding any other provision of law, such filing may be
accomplished by facsimile transmission or electronic means, as defined
in subdivision (f) of rule twenty-one hundred three of this chapter,
where and in the manner authorized by the chief administrator of the
courts by rule.
(c) For purposes of this section, and for purposes of section two
hundred three of this chapter and section three hundred six-a of this
article, filing shall mean the delivery of the summons with notice,
summons and complaint or petition to the clerk of the court in the
county in which the action or special proceeding is brought or any other
person designated by the clerk of the court for that purpose. At the
time of filing, the filed papers shall be date stamped by the clerk of
the court who shall file them and maintain a record of the date of the
filing and who shall return forthwith a date stamped copy, together with
an index number, to the filing party, except where filing is by
electronic means. Such filing shall not be accepted unless any fee
required as specified in section eight thousand eighteen of this chapter
has been paid. Where filing is by electronic means, any fee required
shall be paid in the time and manner authorized by the chief
administrator of the court by rule.
(d) Where filing is by facsimile transmission, the clerk of the court
need only return a date stamped copy of the first page of the papers
initiating the lawsuit, together with the index number.
(e) Where filing is by electronic means, the clerk shall, in
accordance with rules promulgated by the chief administrator, forthwith
notify the filing party of the index number and the date and time of
filing.
(f) A confirmation record produced by the filing party's facsimile
machine or computer and an affidavit of filing by the filing party,
shall be prima facie evidence that the filing party transmitted
documents consistent with the date, time and place appearing on the
confirmation record.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 3 - Jurisdiction and Service, Appearance and Choice of Court
301 - Jurisdiction Over Persons, Property or Status.
302 - Personal Jurisdiction by Acts of Non-Domiciliaries.
303 - Designation of Attorney as Agent for Service.
304 - Method of Commencing Action or Special Proceeding.
R305 - Summons; Supplemental Summons, Amendment.
306-A - Index Number in an Action or Proceeding Commenced in Supreme or County Court.
306-C - Notice of Commencement of Action for Personal Injuries by Recipient of Medical Assistance.
306-D - Additional Mailing of Notice in an Action Arising Out of a Consumer Credit Transaction.
307 - Personal Service Upon the State.
308 - Personal Service Upon a Natural Person.
309 - Personal Service Upon an Infant, Incompetent or Conservatee.
310 - Personal Service Upon a Partnership.
310-A - Personal Service Upon a Limited Partnership.
311 - Personal Service Upon a Corporation or Governmental Subdivision.
311-A - Personal Service on Limited Liability Companies.
312 - Personal Service Upon a Court, Board or Commission.
312-A - Personal Service by Mail.
313 - Service Without the State Giving Personal Jurisdiction.
314 - Service Without the State Not Giving Personal Jurisdiction in Certain Actions.
315 - Service by Publication Authorized.
R316 - Service by Publication.
317 - Defense by Person to Whom Summons Not Personally Delivered.
R318 - Designation of Agent for Service.
R320 - Defendant's Appearance.
R322 - Authority for Appearance of Attorney in Real Property Action.
R328 - Assistance to Tribunals and Litigants Outside the State.