New York Personal Injury Law Blog » Courts


January 22nd, 2010

NY Court Clerks Get New Rules On Rejecting Papers

When you are up against a deadline, the prospect of a court clerk rejecting papers can not just be problematic, but fatal. And because of prior instances where some clerks have rejected papers based on their understanding (or misunderstanding) of rules, the Office of Court Administration has issued changes.

There are now just four reasons for a clerk to reject papers:

1) papers that do not have an index number,
(2) documents commencing or concluding a lawsuit that do not list the names of all parties,
(3) filings offered in the wrong county, or
(4) documents not signed as required by court rules authorizing sanctions for frivolous contentions.

The rules come because the White Plains general practice firm of Tilem & Campbell brought a lawsuit to challenge what they saw as inappropriate rejections of papers by clerks.

From today’s New York Law Journal (reg. req.)

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