§ 2112.Filing of papers in the appellate division by electronic means.

Article 21-A. Filing of Papers in the Courts by Facsimile Transmission and by Electronic means · Last amended 2024 · Last verified July 21, 2026

In one sentenceCPLR 2112 lets each Appellate Division department adopt its own rules for electronic filing of appeals, motions for leave to appeal, and other proceedings, while protecting unrepresented litigants and hardship-qualifying attorneys from being forced into it.

Full Text of CPLR 2112

Text size

Notwithstanding any other provision of law, and except as otherwise provided in subdivision (c) of section twenty-one hundred eleven of this article, the appellate division in each judicial department may promulgate rules authorizing a program in the use of electronic means for: (i) appeals to such court from the judgment or order of a court of original instance or from that of another appellate court, (ii) making a motion for permission to appeal to such court, (iii) commencement of any other proceeding that may be brought in such court, and (iv) the filing and service of papers in pending actions and proceedings. Provided however, such rules shall not require an unrepresented party or any attorney who furnishes a certificate specified in subparagraph (A) or (B) of paragraph three of subdivision (b) of section twenty-one hundred eleven of this article to take or perfect an appeal by electronic means. Provided further, however, before promulgating any such rules, the appellate division in each judicial department shall consult with the chief administrator of the courts and shall provide an opportunity for review and comment by all those who are or would be affected including city, state, county and women’s bar associations; institutional legal service providers; not-for-profit legal service providers; attorneys assigned pursuant to article eighteen-B of the county law; unaffiliated attorneys who regularly appear in proceedings that are or have been affected by the programs that have been implemented or who may be affected by promulgation of rules concerning the use of the electronic filing program in the appellate division of any judicial department; and any other persons in whose county a program has been implemented in any of the courts therein as deemed to be appropriate by any appellate division. To the extent practicable, rules promulgated by the appellate division in each judicial department pursuant to this section shall be uniform and may apply to any appellate term established by an appellate division.

End

Plain-English Summary

CPLR 2112 extends the electronic filing framework of Article 21-A to the Appellate Division. Each judicial department may adopt its own rules authorizing electronic means for taking or perfecting an appeal, moving for permission to appeal, starting other proceedings that belong in that court, and filing or serving papers once a case is pending there.

The protections built into the trial-court version of e-filing carry over here. An unrepresented party can't be forced into electronic filing, and neither can an attorney who qualifies for the hardship certification available under CPLR 2111. Before adopting rules, a department has to consult the chief administrator and give bar associations, legal service providers, and other affected practitioners a chance to weigh in.

The rule also nudges the four departments toward consistency: to the extent practicable, their electronic filing rules should be uniform, and a department's rules may extend to any appellate term it has established. That matters for a practice that regularly crosses department lines.

Frequently Asked Questions

Can the Appellate Division require me to file appeals electronically in New York?

Each department may adopt rules requiring electronic filing, but CPLR 2112 bars those rules from forcing an unrepresented party, or an attorney who qualifies for the hardship exemption under CPLR 2111, to appeal by electronic means.

Do all four Appellate Division departments have the same e-filing rules?

Not necessarily, but CPLR 2112 directs that, to the extent practicable, the rules each department adopts should be uniform.

Does CPLR 2112 cover motions for leave to appeal?

Yes. It specifically authorizes electronic filing rules for making a motion for permission to appeal to the Appellate Division, in addition to appeals themselves.

Who has to be consulted before an Appellate Division department adopts e-filing rules?

The chief administrator of the courts, plus an opportunity for review and comment from bar associations, institutional and not-for-profit legal service providers, assigned counsel under County Law article 18-B, and other affected attorneys.

Do CPLR 2112 rules apply to an appellate term?

They can. The rule allows a department's electronic filing rules to apply to any appellate term that department has established.

Amendment History

L 2015, ch 237, § 2, effective August 31, 2015; L 2017, ch 99, § 2, effective July 24, 2017; L 2024, ch 579, § 5, effective December 13, 2024.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source

Also known as: Appellate Division e-filing New Yorkelectronic filing appeal New York courtNew York appellate electronic filing rulesCPLR motion for leave to appeal electronic filing