Pursuant to the authority vested in me, and upon consultation with and approval by the Administrative Board of the Courts, I hereby amend, effective immediately, section 202.5-b of the Uniform Rules for the Supreme and County Courts, relating to electronic filing of actions in the Supreme Court, to read as follows:

§ 202.5-b. Electronic Filing in Supreme Court; Consensual Program.

(a) Application.

(1) There is hereby established a [pilot] program in which, on consent, documents may be filed and served by electronic means in Supreme Court in such civil actions and in [Supreme Court] such counties as shall be authorized by order of the Chief Administrator of the Courts. Documents may be filed or served by such means only to the extent and in the manner authorized in this section [and only in the following actions: (i) tax certiorari actions (including small claims actions under Title 1-A of Article 7 of the Real Property Tax Law) and tort and commercial actions in the Supreme Court in Albany, Bronx, Essex, Kings, Livingston, Monroe, Nassau, New York, Niagara, Onondaga, Queens, Richmond, Suffolk, Sullivan and Westchester Counties; and (ii) actions in Supreme Court in Broome County and Erie County of any type designated by the appropriate Administrative Judge].

(2) Definitions. For purposes of [these rules] this section:

(i) "electronic means" shall mean any method of transmission of information between computers or other machines, other than facsimile machines, designed for the purpose of sending and receiving such transmissions, and which allows the recipient to reproduce the information transmitted in a tangible medium of expression;

(ii) "NYSCEF" shall mean the New York State Courts Electronic Filing System and the [“e-filing Internet site”] "NYSCEF site" shall mean the New York State Courts Electronic Filing System website located at www.nycourts.gov/efile;

(iii) "e-filing", "electronic filing" and "electronically filing" shall mean the filing and service of documents in a civil action by electronic means through the [e-filing Internet] NYSCEF site;

(iv) an "authorized e-filing user" shall mean a person who has registered to use e-filing pursuant to subdivision (c) of this section;

(v) an "action" shall include a special proceeding and an "e-filed action" shall mean an action in which documents are electronically filed and served in accordance with this section;

(vi) "hard copy" shall mean information set forth in paper form; [and]

(vii) "working copy" shall mean a hard copy that is an exact copy of a document that has been electronically filed in accordance with this section;

(viii) "party" or "parties" shall mean the party or parties to an action or counsel thereto; and

(b) E-filing in Actions in Supreme Court. Except as otherwise provided in section 202.5-bb of these rules, the following shall apply to all actions in Supreme Court:

(1) Commencing an action by electronic means. A party may commence any action [specified in paragraph (1) of subdivision (a) of this section] in the Supreme Court in any county (provided that e-filing has been authorized in that county and in the class of actions to which that action belongs pursuant to paragraph (1) of subdivision (a) of this section) by electronically filing the initiating documents with the County Clerk through the NYSCEF site.

(2) E-filing in an action after commencement.

(i) Consent of the parties required. After commencement of an action [specified in paragraph (1) of subdivision (a) of this section] wherein e-filing is authorized, documents may be electronically filed and served, but only if and when all parties have consented thereto or, if fewer than all parties have so consented, only by and between consenting parties with the permission of the court.

(ii) Consent to e-filing; how obtained. A consent to e-filing in an action shall state that the party providing it agrees to the use of e-filing in the action and to be bound by the filing and service provisions in this section. Consent [may] shall be obtained by stipulation, or a party who seeks to use e-filing in a pending action may serve upon all other parties to the action a notice regarding [use] availability of e-filing in a form approved by the Chief Administrator [of the Courts]. Service of such a notice shall constitute consent to e-filing in the action by the party causing such service to be made. A party served with such a notice may consent to e-filing in the action not later than ten days after receipt of such service, either by filing with the court and serving on all parties of record a consent to e-filing or if such party or the attorney of record therefor is an authorized e-filing user, by filing the consent electronically in the manner provided at the [e-filing Internet] NYSCEF site; provided, however, the court, in its discretion, may permit a consent to e-filing at any time thereafter. The filing of a consent to e-filing hereunder shall not constitute an appearance in the action.

(iii) Filing and service after consent to e-filing in an action. Once an action is made subject to e-filing, all documents filed and served by consenting parties shall be served and filed in accordance with this section.

(iv) Documents previously filed with the court; termination or modification of e-filing procedures. When an action becomes subject to e-filing, the court may direct that documents previously filed in the action in hard copy be filed electronically by the parties. The court may at any time order discontinuation of e-filing in such action or modification of e-filing procedures therein in order to prevent prejudice and promote substantial justice. Where a court orders discontinuation of e-filing in an action, the court may direct the clerk to convert into hard copy those documents comprising the case file which had been received electronically.

(c) Authorized E-filing Users, Passwords and Other Information.

(1) Registration required. Documents may be filed or served electronically only by a person who has registered as an authorized e-filing user or as otherwise provided in this subdivision.

(2) Registering as an authorized e-filing user.

(i) Who may register. An attorney admitted to practice in the State of New York, or a person seeking to [use e-filing] serve as an authorized e-filing agent on behalf of attorneys of record in an e-filed action or actions (hereinafter "filing agent") may register as an authorized e-filing user of the [e-filing Internet] NYSCEF site. Such registration is required to permit the registrant to e-file documents on behalf of parties in actions in which e-filing is permitted or required pursuant to this section. An attorney admitted pro hac vice in an action, a party to an action [subject to e-filing] who is not represented by an attorney, or a person who has been authorized in writing by an owner or owners of real property to submit a petition as provided in section 730 of the Real Property Tax Law and who has been licensed to engage in such business by the jurisdiction in which the business is operated (hereinafter "small claims assessment review filing agent") may also register as an authorized e-filing user, but solely for purposes of such action or, in the case of a small claims assessment review filing agent, solely for those proceedings under section 730 of the Real Property Tax Law in which he or she has been authorized to submit a petition.

(ii) How to register. Registration shall be on a form prescribed by the Chief Administrator, which shall require such information as he or she shall specify. If so provided by the Chief Administrator, registration shall not be complete until the registering person has been approved as an e-filing user. An authorized e-filing user shall notify the appropriate clerk or the Resource Center immediately of any change in the information provided on his or her registration form.

(3) Identification and password. Upon registration, an authorized e-filing user shall be issued a confidential User Identification Designation ("User ID") and a password by the Unified Court System ("UCS"). An authorized e-filing user shall maintain his or her User ID and password as confidential, except as provided in paragraph (4) of this subdivision. Upon learning of the compromise of the confidentiality of either the User ID or the password, an authorized e-filing user shall immediately notify the [appropriate clerk] Resource Center. At its initiative or upon request, the UCS may at any time issue a new User ID or password to any authorized e-filing user.

(4) User ID and password; use by authorized person. An authorized e-filing user may authorize another person to file a document electronically on his or her behalf in a particular action using the User ID and password of the user, but, in such event, the authorized e-filing user shall retain full responsibility for any document filed.

(d) Electronic Filing of Documents.

(1) Electronic Filing of Documents. In any action subject to e-filing, all documents required to be filed with the court by a party that has consented to such e-filing shall be filed electronically, except as provided herein. Each document to be filed electronically by a filing agent (other than one employed by a governmental entity) shall be accompanied by a statement of authorization from counsel of record in a form approved by the Chief Administrator. Where an action is subject to e-filing and a party or attorney seeks to file a document therein in hard copy, such document shall include a conspicuous notice on the first page thereof that: (A) the party or attorney is authorized to withhold consent to e-filing and has withheld such consent, (B) the party or attorney is exempt from having to e-file, or (C) the party or attorney is authorized to file such document in hard copy pursuant to an emergency exception provided in paragraph (2) of subdivision (b) or paragraph (3) of subdivision (c) of section 202.5-bb of these Rules.

(2) Payment of Fees. Whenever documents are filed electronically that require the payment of a filing fee, the person who files the documents shall provide, in payment of the fee: (i) such credit or debit card information as shall be required at the [e-filing Internet] NYSCEF site to permit a card to be charged or debited by the County Clerk; or (ii) the form or information required by the County Clerk to permit him or her to debit an account maintained with the County Clerk by an attorney or law firm appearing for a party to the [case] action; or (iii) any other form of payment authorized by the Chief Administrator. Notwithstanding the foregoing, an authorized e-filing user who electronically files documents that require the payment of a filing fee may cause such fee to be paid thereafter in person at the office of the County Clerk.

(3) Filing and receipt of documents; confirmation; secure information.

(i) When documents are filed. Documents may be transmitted at any time of the day or night to the [e-filing Internet] NYSCEF site. Documents are deemed filed on the date on which their electronic transmission is recorded at that site, provided, however, that where payment of a fee is required upon the filing of a document, the document will not be deemed filed until transmission of the information or form or information as required in (i) or (ii), respectively, of paragraph (2) of this subdivision is recorded at the [e-filing Internet] NYSCEF site; or, if no such transmission is recorded, until payment is physically presented to the County Clerk.

(ii) Confirmation. No later than the close of business on the business day following the electronic filing of a document, a confirmation notice shall be transmitted electronically by the [e-filing Internet] NYSCEF site to the person filing such document. When documents initiating an action are filed electronically, the County Clerk shall assign an index number or filing number to the action and shall cause that number to be transmitted to the person filing such documents as part of the confirmation notice. If payment is submitted in person after the initiating documents have been transmitted electronically, the County Clerk shall assign the number upon presentation of that payment.

(iii) Secure information. When electronically filing a document, the person filing such document shall indicate whether it contains any of the following: individually identifiable health information, a social security number, a credit card number, a bank account number, an individual's date of birth, an individual's home address, a minor child's name, or trade secrets. If such person indicates that any of this information is contained in the document, access to it on the [e-filing Internet] NYSCEF site may be restricted to consenting parties to the action, the County Clerk and the court. The document will, however, be available for public inspection at the office of the County Clerk unless sealed by the court.

(4) Official record; [courtesy] working copies. When a document has been filed electronically pursuant to this section, the official record shall be the electronic recording of the document stored by the clerk. The court may require the parties to provide [courtesy hard] working copies of documents filed electronically. [Unless the court directs otherwise] In such event, each such working copy shall [bear a conspicuous notice on the first page that the] include, as a cover page firmly fastened thereto, a copy of the confirmation notice received from the NYSCEF site pursuant to subdivision (d)(3)(ii) of this section upon the electronic filing of such document [has been electronically filed].

(5) Orders and judgments. Unless the court directs otherwise, any document that requires a judge's signature shall be transmitted electronically and in hard copy to the court. Unless the Chief Administrator authorizes use of electronic signatures, orders and judgments signed by a judge shall be signed in hard copy, and shall be converted into electronic form by the appropriate clerk. The County Clerk may sign judgments in hard copy, or may affix a digital image of his or her signature to judgments in electronic form.

(6) Exhibits in hard copy. Notwithstanding any other provision of this section, the clerk may permit a party to file in hard copy an exhibit which it is impractical or inconvenient to file electronically.

(e) Signatures.

(1) Signing of a document. An electronically filed document shall be considered to have been signed by, and shall be binding upon, the person identified as a signatory, if:

(i) it bears the physical signature of such person and is scanned into an electronic format that reproduces such signature; or

(ii) the signatory has electronically affixed the digital image of his or her signature to the document; or

(iii) it is electronically filed under the User ID and password of that person; or

(iv) in a tax certiorari action in which the parties have stipulated to this procedure, it is an initiating document that is electronically filed without the signature of the signatory in a form provided above in this subparagraph, provided that, prior to filing, the document is signed in full in hard copy [form] (which hard copy must be preserved until the conclusion of all proceedings, including appeals, in the case in which it is filed) and the electronic record of the document bears the word "Signed" typed on the signature line; or

(v) it otherwise bears the electronic signature of the signatory in a format conforming to such standards and requirements as may hereafter be established by the Chief Administrator.

(2) Compliance with Part 130. A document shall be considered to have been signed by an attorney or party in compliance with section 130-1.1-a of the Rules of the Chief Administrator (22 NYCRR § 130-1.1-a) if it has been signed by such attorney or party as provided in paragraph (1) of this subdivision and it bears the signatory's name, address and telephone number.

(3) Certification of Signature. A party or attorney may add his or her signature to a stipulation or other filed document by signing and filing a Certification of Signature for such document in a form prescribed by the Chief Administrator.

(f) Service of Documents.

(1) Service of initiating documents in an action. Initiating documents may be served in hard copy pursuant to Article 3 of the CPLR, or, in tax certiorari cases, pursuant to the Real Property Tax Law, or by electronic means if the party served agrees to accept such service. 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 effected.

(2) Service of interlocutory documents in an e-filed action.

(i) E-mail address for service. Each party in an action subject to electronic filing that has consented thereto shall identify on an appropriate form an e-mail address at which service of interlocutory documents on that party may be made through notification transmitted by the [e-filing Internet] NYSCEF site (hereinafter the ‘e-mail service address"). Each attorney of record and each self-represented party shall promptly notify the appropriate clerk in the event he or she changes his or her e-mail service address.

(ii) How service is made. Where parties to an action have consented to e-filing, upon the receipt of an interlocutory document by the [e-filing Internet] NYSCEF site, the site shall automatically transmit electronic notification to all e-mail service addresses in such action. Such notification shall provide the title of the document received, the date received, and the names of those appearing on the list of e-mail service addresses to whom that notification is being sent. Each party receiving the notification shall be responsible for accessing the [e-filing Internet] NYSCEF site to obtain a copy of the document received. The electronic transmission of the notification shall constitute service of the document on the e-mail service addresses identified therein, except that such service will not be effective if the filing party learns that it did not reach the address of the person to be served. Proof of such service will be recorded on the [e-filing Internet] NYSCEF site. A party may, however, utilize other service methods permitted by the CPLR provided that, if one of such other methods is used, proof of service shall be filed electronically.

(g) Addition of Parties or Proposed Intervenors in a Pending E-Filed Action. A party to be added in an action subject to e-filing shall be served with initiating documents in hard copy together with the notice regarding use of e-filing specified in paragraph (2)(ii) of subdivision (b) of this section, to which response shall be made as set forth in that paragraph. A proposed intervenor or other non-party who seeks relief from the court in an action subject to e-filing, if consenting to e-filing, shall promptly file and serve a consent to e-filing. If an added party or intervenor does not [so] consent to e-filing, subsequent documents shall be served by and on that party or intervenor in hard copy but the action shall continue as an e-filed one as to all consenting parties.

(h) Entry of Orders and Judgments and Notice of Entry.

(1) Entry; date of entry. In an action subject to e-filing, the County Clerk or his or her designee shall file orders and judgments of the court electronically, which shall constitute entry of the order or judgment. The date of entry shall be the date on which transmission of the order or judgment is recorded at the [e-filing Internet] NYSCEF site.

(2) Notice requesting entry of judgment. The County Clerk may require that a party seeking entry of judgment electronically serve upon the County Clerk, in a form specified by the County Clerk, a request for entry of judgment.

(3) Notification; service of notice of entry by parties. Upon entry of an order or judgment, the County Clerk, his or her designee, or the [e-filing Internet] NYSCEF site shall transmit to the e-mail service addresses a notification of such entry, which shall not constitute service of notice of entry by any party. A party shall serve notice of entry of an order or judgment on another party by serving a copy of the notification received from the County Clerk, his or her designee or the [e-filing Internet] NYSCEF site, a copy of the order or judgment, and an express statement that the transmittal constitutes notice of entry. Service may be made through the [e-filing Internet] NYSCEF site, or by any other service [methods] method permitted by the CPLR, provided that, if one of such other methods is used, proof of service shall be filed electronically.

(i) Technical Failures. The appropriate clerk shall deem the [e-filing Internet] NYSCEF site to be subject to a technical failure on a given day if the site is unable to accept filings or provide access to filed documents continuously or intermittently over the course of any period of time greater than one hour after 12:00 noon of that day. The clerk shall provide notice of all such technical failures on the site. When filing by electronic means is hindered by a technical failure, a party may file with the appropriate clerk in hard copy. With the exception of deadlines that by law cannot be extended, the time for filing of any [paper] document that is delayed due to technical failure of the site shall be extended for one day for each day on which such failure occurs, unless otherwise ordered by the court.

(j) Electronic Filing of Discovery Materials. In any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. In the absence of such a stipulation, no party shall file electronically any such materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the court.

(k) Copyright, Confidentiality[, And] and Other Proprietary Rights.

(1) Submissions pursuant to e-filing procedures shall have the same copyright, confidentiality and proprietary rights as paper documents.

(2) In an action subject to e-filing, any person may apply for an order prohibiting or restricting the electronic filing in the action of specifically identified materials on the grounds that such materials are subject to copyright or other proprietary rights, or trade secret or other privacy interests, and that electronic filing in the action is likely to result in substantial prejudice to those rights or interests. Unless otherwise permitted by the court, a motion for such an order shall be filed not less than ten days before the materials to which the motion pertains are due to be produced or filed with the court.

Pursuant to the authority vested in me, and upon consultation with and approval by the Administrative Board of the Courts, I hereby adopt, effective immediately and applicable only to actions commenced hereafter, a new section 202.5-bb of the Uniform Rules for the Supreme and County Courts, relating to electronic filing of actions in the Supreme Court, to read as follows:

(1) There is hereby established a pilot program in which all documents filed and served in Supreme Court in the following civil actions (in the counties specified) shall be filed and served by electronic means: (i) commercial actions in New York County; (ii) tort actions in Westchester County; and (iii) such classes of actions as shall be specified by order of the Chief Administrator of the Courts (excluding matrimonial actions as defined by the Civil Practice Law and Rules, Election Law proceedings, proceedings brought pursuant to Article 78 of the Civil Practice Law and Rules, and proceedings brought pursuant to the Mental Hygiene Law) in any additional counties outside the City of New York as authorized by statute. Except to the extent that this section shall otherwise require, the provisions of section 202.5-b of these rules shall govern this pilot program.

(2) For purposes of this section, "commercial actions" shall mean actions described in subparagraph (1) of paragraph (B) of subdivision (b) of section 6 of chapter 367 of the laws of 1999, as amended by chapter 416 of the laws of 2009, except for (A) actions where the amount in controversy (exclusive of punitive damages, interest, costs, disbursements and counsel fees claimed) is less than or equal to $100,000, or (B) actions expressly excluded by the terms of such subparagraph (1).

(1) Mandatory commencement in general. Except as otherwise provided in this section, every action specified in paragraph (1) of subdivision (a) of this section shall be commenced by electronically filing the initiating documents with the County Clerk through the NYSCEF site.

(2) Emergency exception. Notwithstanding paragraph (1) of this subdivision, an action otherwise required to be commenced electronically may be commenced by the filing of initiating documents in hard copy provided such documents are accompanied by the affirmation or affidavit of the attorney or party filing those documents stating that: (i) the statute of limitations will expire on the day the documents are being filed or on the following business day; and (ii) the attorney or party is unable to electronically file such documents because of technical problems with his or her computer equipment or Internet connection. In the event an attorney or party in an action shall file initiating documents in hard copy pursuant to this paragraph, he or she shall file those documents with the NYSCEF site within three business days thereafter. For purposes of this section, such an action shall be deemed to have been commenced electronically.

(3) Service of initiating documents. Personal service of initiating documents upon a party in an action that must be commenced electronically in accordance with this section shall be made as provided in Article 3 of the Civil Practice Law and Rules, or by electronic means if the party served agrees to accept such service. Such service shall be accompanied by a notice, in a form approved by the Chief Administrator, 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 effected.

(1) All documents to be filed and served electronically.

(i) Except as otherwise provided in this subdivision, filing and service of all documents in an action that has been commenced electronically in accordance with this section shall be by electronic means.

(ii) All provisions of section 202.5-b of these rules that would apply to an action in which the parties thereto have consented to electronic filing shall apply to an action that is subject to this section, except that a court may not order discontinuation of e-filing pursuant to section 202.5-b(b)(4).

(2) Addition of parties after commencement of action. Notwithstanding any other provision of this section, a party to be added in an action that has been commenced electronically in accordance with this section shall be served with initiating documents in hard copy together with the notice specified in paragraph (3) of subdivision (b) of this section. A proposed intervenor or other non-party who seeks relief from the court in such an action shall make his or her application for such relief by electronic means.

(3) Emergency exception. Notwithstanding paragraph (1) of this subdivision, where documents are required to be filed and served electronically in accordance with such paragraph (1), such documents may nonetheless be filed and served in hard copy provided they are accompanied by the affirmation or affidavit of the attorney or party filing and serving those documents stating that: (i) a statutory deadline for their filing and service will expire on the day the documents are being filed and served or on the following business day; and (ii) the attorney or party is unable to electronically file and serve such documents because of technical problems with his or her computer equipment or Internet connection. In the event an attorney or party in an action shall file and serve documents in hard copy pursuant to this paragraph, he or she shall file those documents with the NYSCEF site within three business days thereafter.

(1) if he or she is an attorney, he or she certifies, in good faith:

(i) that he or she lacks 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

(ii) that he or she lacks the requisite knowledge in the operation of such computers and/or scanners necessary to comply with this section (for purposes of this paragraph, the knowledge of any employee of an attorney, or any employee of the attorney's law firm, office or business who is subject to such attorney's direction, shall be imputed to the attorney); or

(2) he or she indicates that he or she is not represented by an attorney and he or she wishes to be exempt from having to file and serve documents electronically in accordance with this section

Pursuant to the authority vested in me, and upon consultation with and approval by the Administrative Board of the Courts, I hereby amend, effective immediately and applicable only to actions commenced hereafter, section 202.5(d)(1) of the Uniform Civil Rules for the Supreme and County Courts, relating to the filing of papers in civil actions and proceedings, to read as follows:

§ 202.5. Papers Filed in Court

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(d)(1) In accordance with CPLR 2102(c), a County Clerk and a chief clerk of the Supreme Court or County Court, as appropriate, shall refuse to accept for filing papers filed in actions and proceedings only under the following circumstances or as otherwise provided by statute, Chief Administrator's rule or order of the court:

(i) The paper does not have an index number;

(ii) The summons, complaint, petition, or judgment sought to be filed with the County Clerk contains an "et al" or otherwise does not contain a full caption;

(iii) The paper sought to be filed with the County Clerk is filed in the wrong court; [or]

(iv) The paper is not signed in accordance with section 130-1.1-a of the Rules of the Chief Administrator; or

(v) The paper sought to be filed: (A) is in an action subject to electronic filing pursuant to Rules of the Chief Administrator, (B) is not being filed electronically, and (C) does not include the notice required by paragraph (1) of subdivision (d) of section 202.5-b of such Rules.

The County Clerk shall require the payment of any applicable statutory fees, or an order of the Court waiving payment of such fees, before accepting a paper for filing.

Pursuant to the authority vested in me, I hereby authorize the use of electronic means for the filing and service of documents, as provided in section 202.5-b of the Rules of the Chief Administrator of the Courts, in those civil actions in Supreme Court and in those counties in which such use was authorized on the day immediately preceding the effective date of this order.

This order is effective immediately.

Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend and renumber, effective immediately, sections 206.21(c) - (j) of the Uniform Rules of the Court of Claims, relating to appropriation claims, to read as follows:

§ 206.21. Appropriation claims; special rules.

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(1) Where the Defendant puts in issue the existence of any item in the inventory, the appraisal submitted on its behalf shall so state.

(2) Where the Defendant puts in issue the description of any item in the inventory, the appraisal submitted on behalf of the Defendant shall state its appraiser's description of such item and his or her estimate of value.

(3) Where the Defendant puts in issue the compensability of any item in the inventory, the appraisal report submitted by the Defendant shall so state and shall state the ground therefor, as well as its appraiser's estimate of the value of such item for consideration in the event that the court should determine that it is compensable.

([c] d) Experts' Reports. Where an expert, other than a valuation expert is intended to be relied upon at trial, an original and three copies of the expert's report shall be filed within the same time and in the same manner as above set forth.

([d] e) Exchange. When all parties have filed their appraisals and reports as herein provided, the clerk shall send copies of each to all other parties.

([e] f) Amendments and Supplements. If a party intends at trial to offer proof correcting errors in or adding pertinent matter to an appraisal or other expert's report, an original and three copies of an amended or supplemental report shall be filed within two months after the exchange of appraisals and reports. The clerk shall send copies to all other parties.

([f] g) Rebuttal Reports. If a party intends at trial to offer expert evidence in rebuttal to any report or amended or supplemental report, and original and three copies of the expert's report shall be filed within one month after receipt of the document sought to be rebutted. The clerk shall send copies to all other parties.

([g] h) Extension of Time.

(1) A party requiring more time than that prescribed in subdivision (b) of this section may apply for an extension of up to six months by letter to the assigned judge and received not later than six months from the date of the filing and service of the claim. The letter application shall show good cause for the extension, and a copy thereof shall be forwarded by the applicant to each other party. The assigned judge in his or her discretion may, by letter, grant an extension for such period, not to exceed six months, and upon such terms and conditions as may be just. Such extension also shall extend the time of other parties.

(2) An application for any further extension shall be made by motion on notice showing good cause and shall be made to the assigned judge prior to the expiration of any previous extension. The court in its discretion may grant the motion upon such terms and conditions as may be just. Alternatively, a further extension may be set forth in a stipulation which shall be signed by the attorneys and submitted to the assigned judge. The court in its discretion may "so order" said extension.

(3) An application for other or further relief from the requirements or consequences of this section also shall be made to the assigned judge by motion on notice showing unusual and substantial circumstances. However, any application for such relief made after the commencement of trial may be granted only upon a showing of extraordinary circumstances. The court in its discretion may grant the motion upon such terms and conditions as may be just.

([h] i) Limitation of Testimony. At the trial of a claim governed by this section, expert witnesses called by the parties shall be limited in their testimony to matters set forth in their respective appraisals or other reports. A party failing to file appraisals and other reports as provided in this section shall be precluded at trial from offering any expert proof, with the exception of evidence admissible under section 16 of the Court of Claims Act.

([i] j) Nonapplicability. Compliance with this section shall not be required of a party proceeding in this court pursuant to article 6 of the Eminent Domain Procedure Law (special procedure for claims under $25,000), or a party who files, within the time set forth in subdivision (b) of this section, a notice with proof of service, that no expert proof will be offered at trial. When such a notice is received by the clerk, the clerk shall mail to the party filing the notice a copy of any appraisal or report received from any other party.

Pursuant to the authority vested in me, and with the advice and consent of the Administrative Board of the Courts, I hereby amend, effective immediately, section 206.1(d)(2) and of the Uniform Rules of the Court of Claims, relating to the address of the office of the clerk, to read as follows:

Section 206.1 Application of Part; waiver; special rules; definitions.

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(d) Definitions.

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(2) "Clerk". References to the clerk in the Court of Claims Act and in these rules are to the Chief Clerk of the Court in Albany, whose mailing address is:

New York State Court of Claims P.O. Box 7344, Capitol Station Albany, NY 12224

and whose filing office is located at:

[Justice Building --] Robert Abrams Building for Law and Justice, 7th Floor Governor Nelson A. Rockefeller Empire State Plaza Albany, NY

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