Rule 206.5-aa. Filing by Electronic Means

(a) All designated claims in the Court of Claims, except those exempt under subdivision (e) of this section, shall be subject to electronic filing in accordance with the provisions of this section.

(b) For purpose of this section, references to the clerk of a court shall be deemed to mean the clerk of the Court of Claims

(c) Commencement of Actions.

(1) All claims shall be commenced by electronic filing pursuant to this section, except as otherwise provided for herein.

(2) A motion for late claim relief pursuant to Court of Claims Act Section 10(6), may not be electronically served.

(3) Service of claims shall be made in accordance with Court of Claims Act Section 11, or by electronic means, other than through NYSCEF, if the party served agrees to accept such service. Such service shall be accompanied by a notice, advising the recipient that the action is subject to electronic filing pursuant to this section. A party served by electronic means shall, within 24 hours of service provide the serving party or attorney with an electronic confirmation that the service has been effectuated.

(d) Filing and Service of Documents After Commencement of Actions. Except as otherwise provided in this section, filing and service of all documents shall be by electronic means.

(e) Exemptions.

(1) Notwithstanding the foregoing, an unrepresented party shall be exempt from the electronic filing requirements of this section. No such party shall be compelled, directly or indirectly, to participate in electronic filing. Such party may, however, voluntarily participate in electronic filing. Where a party is not represented by counsel, the clerk shall explain such party's options for electronic filing in plain language and shall inquire whether they wish to participate.

(2) Notwithstanding the foregoing, an attorney shall be exempt from having to file and serve documents electronically in accordance with this section upon filing with the clerk of the court a prescribed form wherein the attorney certifies in good faith that they lack the computer hardware and/or connection to the internet and/or scanner or other device by which documents may be converted to an electronic format; or the requisite knowledge in the operation of such computers and/or scanners necessary to participate.

(3) Nothing in this section shall prevent a judge from exempting an attorney from having to file and serve documents electronically in accordance with this section upon a showing of good cause therefor.

(f) In the absence of any provision in this section, the general provisions in section 202.5-b of this part shall apply.