When NYSCEF Is Unavailable: A New York Filing Contingency Checklist

A filing interruption can affect a case calendar quickly. New York’s Supreme Court and County Court e-filing rule addresses what parties may do when NYSCEF has a technical failure. A simple office protocol can help teams preserve an accurate record and respond promptly.

What the rule says

Under 22 NYCRR 202.5-b(i), NYSCEF is considered subject to a technical failure on a given day if it cannot accept filings or provide access to filed documents continuously or intermittently for more than one hour after 12:00 noon. The rule says notice of such failures will be provided on the site.

When e-filing is hindered by a technical failure, a party may file with the appropriate clerk and serve in hard copy. The rule provides a one-day extension for each day on which the failure occurs for filing delayed because of the failure, except for deadlines that by law cannot be extended, unless the court orders otherwise. Documents filed and served in hard copy under this paragraph must include the required technical-failure notice and then be filed through NYSCEF within three business days after normal operations are restored.

A practical response checklist

1. Check NYSCEF notices and confirm whether the court has reported a technical failure. Keep a record of the time and what access or filing functions were unavailable.

2. Identify the specific filing affected and the deadline involved. The rule has an exception for deadlines that cannot be extended by law, so do not assume every deadline moves.

3. If the filing is hindered, coordinate with counsel about filing with the appropriate clerk and serving hard copies as the rule permits. Include the required notice on each document.

4. Track restoration of normal NYSCEF operations and calendar the rule’s three-business-day period for filing the hard-copy documents through NYSCEF.

5. Preserve filing confirmations, service records, outage notices, and communications in the matter file. If there is uncertainty about how the rule applies to a particular deadline or court, consult the assigned court or counsel.

A few limits to keep in mind

This rule is for actions governed by the Supreme Court and County Court e-filing rules. Other courts may have different rules. The technical-failure provision does not itself resolve every deadline question, and it expressly excludes deadlines that cannot legally be extended. Check the rule text and any court-specific direction before relying on a particular procedure.

Sources

New York Courts, 22 NYCRR 202.5-b(i), Technical Failures: https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court

General educational information only; not legal advice and not guidance for any particular case.