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NY S09080
Bill
Status
11/4/2020
Primary Sponsor
Luis Sepulveda
Click for details
AI Summary
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Surrogate court clerks may refuse to accept filed papers only for specified reasons, including missing file numbers, incomplete captions with "et al," papers filed in the wrong court, unsigned papers not meeting signature requirements, or papers subject to electronic filing rules that are not filed electronically (unless by unrepresented litigants with proper notice)
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Chief clerks must require payment of applicable statutory fees or a court order waiving fees before accepting papers for filing
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Clerks must stamp refused papers with the refusal date and provide written explanation on the paper stating the reason for rejection
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Ex parte applications requesting surrogate court orders must be considered or ruled upon within two days of filing
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Act takes effect immediately
Legislative Description
Provides that a surrogate court clerk or chief clerk shall refuse to accept for filing papers filed in a proceeding only under certain circumstances or as designated in statute, administrative rule or order of the court; provides such reasons; requires the payment of any applicable statutory fees, or an order of the court waiving payment of such fees, before accepting a paper for filing; makes related provisions.
Last Action
REFERRED TO RULES
11/4/2020