A Guide to Court Filing in New York

Court filing is the first step in taking legal action. Anyone who wishes to pursue a lawsuit, file into an ongoing case, or reopen an old case must first submit the appropriate documents to the local court. Documents may be submitted by self-represented parties and attorneys on behalf of their clients.

Filing documents in a timely and accurate manner is critical to the success of a legal case. If you fail to file legal papers within the statute of limitations, the judge may dismiss the case without prejudice. This means the plaintiff is perpetually barred from pursuing that lawsuit. Similarly, missed deadlines in ongoing cases can lead to unfavorable outcomes.

The documents to be filed will depend on the type and status of the case. Usual case initiating documents include a complaint, summons, and cover sheet. Once submitted, they will be carefully reviewed by a court clerk. The documents must meet the jurisdiction’s specific criteria to be verified by the clerk. To ensure prompt and complete filing, it is best to consult the appropriate court and review the applicable code of civil procedure early on.

Modes of filing

There are two ways to file legal documents: electronically or in physical form.

In-person court filing

The lawyer will obtain the necessary documents from the plaintiff and submit them personally at the relevant court or jurisdiction. The paperwork must be filled out correctly and completely and have the right number of copies.

Electronic filing

E-Filing is becoming increasingly common throughout the US. In New York, this service is available in counties including Orange, Rockland, Bronx, Westchester, and Putnam.

The process of E-filing is completely done online. It makes use of an electronic filing service provider which acts as the intermediary between the lawyer or filer and the court system.

E-filing offers a faster and more economical alternative to in-person filing. It completely removes the need for paper and courier fees. Thanks to e-filing, legal paperwork can be submitted even when courts remain closed to the public. Digital storage of files also reduces the risk of loss or damage.

laptopCourt filing fees

The cost of court filing depends on the court, case type, and type of paperwork. Individuals may be exempted from paying filing fees if payment is proven to be a financial burden to them. The court clerk will provide a breakdown of applicable filing fees and assess if a plaintiff may be absolved from payment.

Fast and reliable court filing service

Filing the necessary forms and papers can be tricky and time-consuming. At Serve Index, we’ll handle all your paperwork so you can focus on strengthening your case.

As an authorized e-filing agency, we help lawyers file cases through the NYSCEF (New York State Courts Electronic Filing) system. Simply provide us with a Statement of Authorization (SOA) for each law firm or attorney together with scanned copies of the documents to be filed.

Call us at 888 994 6339 or email [email protected] to know more about how we can help you.

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