NY Supreme Court

Q: In NY Supreme Court, if an attorney "consents" to e-filing, is it the same as appearing as counsel for a party?

A: Consent to NYSCEF or recording a representation DOES NOT constitute formal appearance on behalf of party. In order to appear, attorney must file a "notice of appearance" on the docket.

Reasons for Rejections

Q: In NY Supreme Court, what are some reasons a clerk can reject a filing?

A: Section 202.5 of the uniform rules indicates that a County Clerk and a chief clerk of the Supreme Court or County Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by the statute, Chief Administrator's rule or order of the Court:

• The paper does not have an index number
• The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an ";et al"; or otherwise does not contain a full caption
• The paper sought to be filed with the County Clerk is filed in the wrong Court
• The papers is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator or
• The paper sought to be filed (A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator, (B) is not being filed electronically, and either (C) is not being filed by an unrepresented litigant who is not participating in e-filing, or (D) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules.

Freedom of Information Act

Q: Under the Freedom of Information Act, how many days does the Government have to respond to a Summons?

A: When a summons is issued under the Freedom of Information Act (FOIA) on a Government agency, the government has 30 days to respond to the Summons under 5 U.S.C.S. §552(a)(4)(C).

Electronic Signatures

Q: in the NY Appellate Division, First Department, are signatures required on the documents or can attorneys use the /s/ "electronic" form of signature?

A: /s/ signatures are not permitted at the Appellate Division, First Department. All signatures in hard copy AND e-filed cases must be "ink" signatures.

District of New Jersey

Q: In the District of New Jersey, are there certain days I am required to make my motion returnable?

A: Yes. The District of New Jersey website provides the public with an up to date list of the Court's regular motion days. The initial filing deadline is typically 24 days prior to the return date of your motion. The deadline for opposition papers is typically 14 days prior to the return date and the reply deadline is typically 7 days prior to the motion return date.

District of New Jersey and NJ Superior Court Motion Days

Q: Are there "motion days" assigned in the NJ Superior Court similar to the District of New Jersey?

A: Yes. Motions are heard on Fridays or as otherwise provided by a Judge pursuant to Rule 1:6-2(b). The list of motion days can be found on the NJ Courts website at www.njcourts.gov . In NJ Superior Court, however, the motion must be filed 16 days before the return date. The Opposition papers must be filed 8 days before the return date and the reply would need to be filed 4 days before the return date.

California State Court Motions

Q: How does motion practice work in California State Court?

A: For motions made on notice to the other parties, the movant must obtain a hearing date from the Court and state the date, time, and place of the hearing in the Notice of Motion and Motion. Most Motions must be served and filed at least 16 court days before the hearing (Cal. Civ. Proc. Code 1005(b)). Different notice periods may apply to certain kinds of motions. For example, California Code of Civil Procedure Section 437 c(a)(2) requires summary judgment motions to be made on at least 75 days' notice. Additional time may be added to the minimum notice4 period depending on how the motion is served (Cal. Civ. Proc. Code 1005(b) and 437c(a)(2). Counsel for the moving party must calculate the minimum notice period required for the motion before securing a hearing date from the Court. Each court and judge may have specific rules on how to set a hearing date, so counsel should carefully review the court's local rules and judge's individual rules before setting a motion for hearing. For example, some courts and judges allow counsel to schedule hearing dates online. Others require counsel to call the judge's clerk to obtain a hearing date. Some courts require the parties to confer on a proposed date before scheduling a hearing with the clerk (CA R San Francisco Super CT Rule 8.2(A)(2)). Counsel must also review any trial setting orders entered in the case for specific dates on which certain motions must be heard.

Boston Superior Court Motions

Q: How does Motion practice work in the Boston Superior Courts?

A: In Boston Superior Court, Motions follow a "bundling" rule. This means that no motion papers are filed until the motion has been completely briefed and served on all parties. The movant must only serve his moving papers upon the parties and the respondent must only serve his answering papers. Once all the motion pleadings have been served, all of the documents would then be filed with the Court. The parties must cooperate in filing with the court a Rule 9A Package. The Rule 9A Package consists of the original Motion Papers, the Opposition, and the Reply, any other papers for which leave of court is granted under paragraph (a)(6), and any appendices or other papers permitted or required by this Rule, Statute, or Order of the Court.

CM/ECF System

Q: What is CM/ECF?

A: The Case Management/Electronic Case Files (CM/ECF) system allows courts to maintain electronic case files and offer electronic filing online, making all case information available.

What is NextGen?

Q: What is NextGen CM/ECF?

A: The Federal Judiciary has developed a Next Generation (NextGen) Case Management/ Electronic Case Files (CM/ECF) system that will allow you to use the same account for both PACER and electronic filing access.

Witness Fee

Q: What is the Witness Fee for Federal Subpoenas?

A: $40 with .575 cents mileage per mile for roundtrip travel.

Uniform Interstate Depositions and Discovery Act (UIDDA)

Q: What is the Uniform Interstate Depositions and Discovery Act (UIDDA)?

A: The Uniform Interstate Depositions and Discovery Act (UIDDA) provides simple procedures for deposing individuals and for producing discoverable documents when the individual or document is located out of state.

UIDDA States and Territories

Q: What states and territories have adopted the UIDDA?

A: Alabama, Alaska, Arizona, California, Colorado, Delaware, District of Columbia, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, U.S. Virgin Islands, Utah, Vermont, Virginia, Washington, West Virginia, and Wisconsin.