Bill > A00577

This bill amends the Surrogate's Court Procedure Act to establish clear guidelines for when court clerks can refuse to accept legal documents for filing. Specifically, the bill outlines five circumstances under which a surrogate court clerk or chief clerk may decline to file papers: (1) if the document lacks a file number, (2) if the petition or document does not contain a full caption, (3) if the paper is being filed in the wrong court, (4) if the document is not signed in accordance with the chief administrator's rules, or (5) if the document is subject to electronic filing but is not being filed electronically (with some exceptions for unrepresented litigants). Additionally, the bill requires that applicable statutory fees must be paid or waived by a court order before a document can be accepted for filing. When refusing to accept a document, the clerk must use a stamp indicating the date of refusal and provide a written explanation for why the document was not accepted. The bill aims to standardize and clarify the document filing process in surrogate courts, ensuring that submitted papers meet specific procedural requirements before being officially filed.

Justice

https://www.nysenate.gov/legislation/bills/2025/A577