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JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

PROCEDURAL ENCLOSURE - NYSCEF E-FILING VIOLATIONS

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1. NYSCEF Mandatory E-Filing Authority

The New York State Courts Electronic Filing system (NYSCEF) establishes mandatory e-filing for most cases in New York State courts.

Governing Rules:

• Uniform Rule 202.5-bb - Mandatory E-Filing in Supreme Court and County Court
• Uniform Rule 202.5-b - General Provisions Governing E-Filing
• Uniform Rule 202.5-d - Rejection of Papers
• 22 NYCRR Part 1245 - Appellate Division E-Filing Rules
• Chapter 237 of the Laws of 2015 - E-filing consolidated into CPLR, SCPA, CPL, CCA, FCA, NYCCCA

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2. Identified E-Filing Violations

The following violations of mandatory e-filing rules have occurred as of {{date}}:

Violation 1: {{If applicable - Improper Acceptance of Paper Filing}}

Rule: Uniform Rule 202.5-bb(a) requires mandatory electronic filing for all case types designated in Administrative Orders.

Violation: On {{date}}, {{court clerk / opposing party}} accepted paper filing of {{document type}} in violation of mandatory e-filing requirements for this case type.

Effect:

• Improper paper filing delays docketing and notice to parties
• Violates mandatory e-filing rules established by Administrative Order
• Deprives parties of timely electronic notice via NYSCEF

Authority: Uniform Rule 202.5-bb(a): "All parties... shall use NYSCEF for the filing of all documents with the court."

Violation 2: {{If applicable - Improper Rejection of E-Filed Document}}

Rule: Uniform Rule 202.5-d establishes limited grounds for rejection of e-filed papers.

Violation: On {{date}}, the Clerk rejected my e-filing (Filing Confirmation No. {{NYSCEF confirmation number}}) for the following stated reason: "{{Rejection reason provided}}."

Why Rejection Was Improper: {{Example reasons:

• Document complies with all formatting requirements (PDF/A, searchable text, proper font size)
• Rejection reason is not among grounds listed in Uniform Rule 202.5-d
• Technical issue was on court's end, not filer's
• Document was timely filed before deadline}}

Effect:

• Missed filing deadline due to improper rejection
• Inability to serve opposing counsel via NYSCEF
• Denial of access to courts

Authority: Uniform Rule 202.5-d permits rejection only for:

1. Technical defects (wrong file format, corrupted file, etc.)
2. Missing required information
3. Untimely filing
4. Incorrect fee payment

The stated rejection reason ("{{rejection reason}}") does not fall within these permissible grounds.

Violation 3: {{If applicable - Failure to Use NYSCEF Email Service}}

Rule: Uniform Rule 202.5-b(h)(2) requires parties to accept service via NYSCEF email service address.

Violation: {{Opposing counsel / Party name}} has failed to:

• Maintain active NYSCEF email service address
• Accept service via NYSCEF
• {{Other violation - e.g., "demanded paper service in mandatory e-filing case"}}

Effect:

• Delays in service of interlocutory papers
• Violation of e-filing protocols
• Increased costs for all parties

Authority: Uniform Rule 202.5-b(h)(2): "Service of interlocutory papers upon a user shall be made electronically."

Violation 4: {{If applicable - Technical Access Issues / System Down}}

Rule: When NYSCEF is unavailable, paper filing is permitted but court must accept it.

Violation: On {{date}}, NYSCEF was unavailable from {{time}} to {{time}} ({{attach screenshot or NYSCEF status notice}}).

I timely attempted to e-file {{document}} but was unable due to system outage. I then:

• {{Tendered paper copy to clerk}}
• {{Emailed clerk/chambers notifying of technical issue}}
• {{Other reasonable attempt to file}}

The court {{refused to accept / rejected / other improper action}} the filing despite NYSCEF unavailability.

Effect:

• Missed filing deadline due to technical failure beyond filer's control
• Denial of access to courts
• Prejudice to party's substantive rights

Authority: Uniform Rule 202.5-b(c)(1): If NYSCEF is unavailable, "the clerk shall accept the document in another form."

Violation 5: {{If applicable - Other E-Filing Violations}}

{{Examples:

• Failure to docket e-filed document within required timeframe
• Improper marking of document as "sealed" or "restricted"
• Denial of access to public court records via NYSCEF
• Charging fees for documents that should be free
• Requiring in-person appearance for task that can be done via NYSCEF}}

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3. Demand for Compliance

You are hereby demanded to:

A. {{If Paper Filing Violation}} Accept E-Filed Documents (Immediately)

1. Accept all future filings via NYSCEF as required by Uniform Rule 202.5-bb.
2. Refuse to accept paper filings except as permitted by Uniform Rule 202.5-bb(d).
3. Provide written confirmation of compliance with mandatory e-filing.

B. {{If Improper Rejection}} Re-Process Rejected E-Filing (Within 3 Business Days)

1. Accept the e-filing that was improperly rejected on {{date}} (Confirmation No. {{number}}).
2. Docket the document with an effective filing date of {{original filing date}}.
3. Provide written explanation of why rejection was improper and steps taken to prevent recurrence.

C. {{If Service Violation}} Comply with NYSCEF Service Requirements (Immediately)

1. Maintain active and monitored NYSCEF email service address.
2. Accept service of all interlocutory papers via NYSCEF.
3. Cease demanding paper service in violation of Uniform Rule 202.5-b(h)(2).

D. {{If Technical Issues}} Accept Paper Filing Due to System Outage (Immediately)

1. Accept the paper filing tendered on {{date}} when NYSCEF was unavailable.
2. Docket with effective filing date reflecting time of tender, not time of NYSCEF restoration.
3. Acknowledge that NYSCEF unavailability is not a basis for rejecting timely paper filing.

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4. Legal Authority

Uniform Rule 202.5-bb - Mandatory E-Filing

202.5-bb(a): "All parties... shall use NYSCEF for the filing of all documents with the court."

202.5-bb(d): Paper filing is permitted only in limited circumstances: (1) emergency applications when NYSCEF unavailable, (2) working copies, (3) certain exhibits, (4) documents filed by self-represented litigants who received an exemption.

Mandatory e-filing is not optional. Administrative Orders designate case types requiring NYSCEF, and compliance is required.

Uniform Rule 202.5-b - General E-Filing Provisions

202.5-b(c)(1): "If on a given day NYSCEF is unavailable... the clerk shall accept the document in another form."

202.5-b(h)(2): "Service of interlocutory papers upon a user shall be made electronically."

Service via NYSCEF email is mandatory for parties registered as users. Paper service of interlocutory papers is not permitted except for non-users.

Uniform Rule 202.5-d - Rejection Standards

Rejection is permitted only for:

• Technical defects: Wrong format, corrupted file, illegible text
• Missing information: Caption incomplete, signature missing, incorrect fee
• Untimely filing: Filed after deadline
• Incorrect fee: Wrong amount or payment method

All other rejections are improper and violate filer's right of access to courts.

Chapter 237 of the Laws of 2015

Consolidated e-filing requirements into substantive statutes (CPLR, SCPA, etc.), making NYSCEF compliance a statutory obligation, not merely a rule of practice.

NYSCEF Contact Information

• Email: nyscef@nycourts.gov
• Phone: (646) 386-3033
• Fax: (212) 401-9146
• Rules: https://www.nycourts.gov/efile/rules.shtml

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5. Record Preservation and Further Relief

This Notice of Non-Compliance serves as:

• Formal notice of NYSCEF violations for administrative and judicial review
• Preservation of objection to improper rejections and e-filing non-compliance
• Predicate for the following relief if compliance is not forthcoming:

Administrative Remedies:

1. Complaint to Clerk's Office Manager regarding improper rejection or acceptance of paper filings
2. Complaint to NYSCEF Resource Center (nyscef@nycourts.gov) regarding systemic violations
3. Escalation to Chief Clerk if County Clerk refuses to comply

Judicial Remedies:

4. Order to Show Cause directing clerk to accept e-filing and docket with nunc pro tunc effective date
5. Motion to Compel NYSCEF compliance by opposing counsel
6. Mandamus Petition (Article 78) to compel clerk to perform ministerial duty of accepting compliant e-filing

Appellate Preservation:

7. Include in appellate brief if improper rejection or e-filing violation prejudiced party's substantive rights
8. Cite to this notice as evidence of timely objection to procedural violations

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6. Opportunity to Cure

Before filing judicial or administrative complaints, I am providing this opportunity to cure violations:

3-Day Cure Period:

If you:

1. Comply with all demands in Section 3 within three (3) business days;
2. Provide written confirmation of compliance; and
3. Cease further violations;

Then I will consider the matter resolved without filing motions or administrative complaints.

Failure to Cure:

If you fail to cure within three (3) days, I will:

1. File Order to Show Cause seeking nunc pro tunc filing date for improperly rejected documents
2. File administrative complaint with NYSCEF Resource Center
3. Seek all available relief including costs and sanctions for improper rejection

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7. Service and Filing

This Notice of Non-Compliance is:

• {{E-filed / Served}} via NYSCEF on {{date}}
• Served on all parties via NYSCEF
• {{Tendered in paper}} if NYSCEF unavailable {{or if recipient improperly refusing e-service}}
• Copy provided to {{NYSCEF Resource Center / Clerk's Office / Chambers}} as courtesy

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CONCLUSION

Uniform Rule 202.5-bb establishes mandatory e-filing for designated case types. The word "shall" in the rule is not discretionary.

Improper rejection of compliant e-filings, acceptance of paper filings when e-filing is required, and refusal to accept electronic service all violate the Uniform Rules and deprive parties of access to courts.

I respectfully request that you comply with NYSCEF rules by {{accepting e-filing / re-processing improperly rejected filing / accepting electronic service / accepting paper filing due to system outage}} within three (3) business days.

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Respectfully submitted,

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{{Your Signature}} {{Your Name}} {{Pro Se Party / Attorney for {{Party}}}} {{Address}} {{Phone}} {{Email}} {{NYSCEF Email Service Address}} {{Bar Number if applicable}}

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CERTIFICATE OF SERVICE

I hereby certify that on {{date}}, a true and correct copy of this Notice of Non-Compliance was {{e-filed via NYSCEF / served via NYSCEF email / tendered in paper due to system unavailability}} to all parties.

{{If tendered in paper:}} NYSCEF was unavailable on {{date}} from {{time}} to {{time}}, necessitating paper service pursuant to Uniform Rule 202.5-b(c)(1).

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{{Signature}} {{Name}}

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APPENDIX: RELEVANT AUTHORITIES

Uniform Rules for Trial Courts:

• Uniform Rule 202.5-b - General Provisions Governing Electronic Filing (Consensual and Mandatory)
• Uniform Rule 202.5-bb - Mandatory Electronic Filing in Supreme Court and County Court
• Uniform Rule 202.5-d - Rejection of Papers Submitted for E-Filing
• 22 NYCRR Part 1245 - Appellate Division Electronic Filing Rules

Legislation:

• Chapter 237 of the Laws of 2015 - E-filing legislation consolidated into CPLR, SCPA, CPL, CCA, FCA, NYCCCA
• Chapter 416 of the Laws of 2009 - Mandatory e-filing enabling legislation
• Chapter 367 of the Laws of 1999 - Original NYSCEF enabling legislation

Administrative Orders:

NYSCEF mandatory e-filing has been expanded by numerous Administrative Orders. Current authorizations available at: https://www.nycourts.gov/efile/rules.shtml

Note: Administrative Orders change frequently. This template cites only permanent Uniform Rules, not specific Administrative Orders.

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Common NYSCEF Violations:

Violation	Authority	Remedy
Accepting paper filing in mandatory e-filing case	Uniform Rule 202.5-bb(a)	Refuse paper filings; compel e-filing
Improperly rejecting compliant e-filing	Uniform Rule 202.5-d	Accept filing; nunc pro tunc effective date
Refusing to accept electronic service	Uniform Rule 202.5-b(h)(2)	Compel use of NYSCEF email service address
Rejecting paper filing when NYSCEF down	Uniform Rule 202.5-b(c)(1)	Accept paper filing; clerk ministerial duty
Failing to docket e-filed document	Uniform Rule 202.5-b	Compel timely docketing
Charging improper fees for NYSCEF	Uniform Rule 202.5-b(e)	Refund; cite to fee schedule

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Resources:

• NYSCEF E-mail: nyscef@nycourts.gov
• NYSCEF Phone: (646) 386-3033
• NYSCEF Rules: https://www.nycourts.gov/efile/rules.shtml
• NYSCEF User Manual: https://www.nycourts.gov/efile/UserManual.shtml
• Uniform Rules: https://www.nycourts.gov/rules/trialcourts/index.shtml