The Supreme Court of New York County and Westchester County have now instituted mandatory electronic case filing for all civil actions. The Supreme Court of Kings County has instituted electronic case filing for commercial cases and optional electronic filing for other non-commercial matters. All of the motions, subpoenas, stipulations and other court orders are now being scanned by the Supreme Court Clerks when they are filed by the divorce attorneys of Spodek Law Group P.C.
It is imperative that divorce attorneys in New York not only stay up to date on the substantive law and cases that stem from the Domestic Relations Law, Family Court Act and Civil Procedure Law and Rules but also the formal and informal procedural rules that the court and more importantly the divorce clerks require.
It is becoming more and more important that the original court documents have a clear signature. As the scanning of the documents affects the clarity/brightness of the copies and the originals particularly the visibility of the notary stamp on any affidavits. The Supreme Court Clerks have now advised our office that if the colors on the original documents are faded due to low toner, or if blue ink is used, or the notary stamp is faded – that portions of the document come out blank once scanned and stored electronically into the Supreme Courts file. This being the case, the Supreme Court Clerks are now rejecting documents signed with blue ink, faded notary stamps, and low toner/faded pages.
We have routinely seen New York Supreme Court Matrimonial Clerks reject divorce documents that contain blue ink, even if it is just a potion of the document. If the notary public who acknowledged the plaintiff or defendants name on the divorce documents signed in blue ink we are being requested to get the complete notary public commission details and fill out the acknowledgement by hand.