Commencement of Cases and the Filing of Documents

Q. How do I enter the caption of my case into the New York State Courts Electronic Filing (NYSCEF) system?

A. Captions must be entered into NYSCEF and be formatted on the documents themselves in accordance with the following protocol here.

Q. How do I commence a lawsuit?

A. If you are unrepresented, you may submit the proper commencing documents by mail along with the $210 index fee payable by check or money order to the Suffolk County Clerk and a post-paid return envelope to Attn: Court Actions, 310 Center Drive, Riverhead, NY 11901. Information concerning the legal process can be found here. Forms can be found here. To file your papers in-person, you must go to the Supreme Court located at 400 Carleton Avenue, Central Islip, New York or to the Court Actions Department of the County Clerk’s Office at 300 Center Drive, Riverhead, New York 11901. If submitting at the Supreme Court in Central Islip, it is recommended that a self-addressed return envelope also be provided. You also have the option of filing your documents electronically via NYSCEF here. Detailed information regarding electronic filing by unrepresented litigants can be found here. .

Q. How do I respond to a Summons I received?

A. The County Clerk’s Office may not assist you with how to answer a Summons and Complaint or a Petition. Please review the information on the Court’s website for unrepresented litigants here or contact the Law Library. The Law Library contact information can be found here. Please be advised that the Law Library also may not provide legal advice.

Q. Where do I mail my court related papers?

A. All papers to be filed in a court proceeding are to be mailed to the Suffolk County Clerk, Attn: Court Actions, 310 Center Drive, Riverhead, New York 11901.

Q. How do I file a Small Claims Assessment Review Petition?

A. Information regarding filing a Small Claims Assessment Review (“SCAR”) Petition can be found here.

Q. If a paper document is signed by a Judge, is that the same day it is received by the Suffolk County Clerk?

A. Except in very rare situations, the answer is no. It can take days, weeks and even months to receive the document from the Court. A paper document is not considered filed with the Suffolk County Clerk until it is physically received and processed and bears the filing date stamped on the document.

Q. Where do I find the filed/entered date of an E-filed document?

A. The vast majority of documents will have a stamp in the upper left that states, for example:

FILED: SUFFOLK COUNTY CLERK 06/28/2021 04:11 PM

That is the only stamp signifying entry that is affixed to a document except in the case of a Judgment which will have the entered date and time affixed thereto by hand or elsewhere electronically on the face of the document. The filed/entered date can also be found under the “Filed By” column of the case’s Document List.

Q. What are the Court filing fees?

A. The schedule of Court fees can be found here.

Q. If a case was commenced in Suffolk but it should have been filed in another county, what do I do?

A. There are four options:

1. File a consent to change venue after a demand by a Defendant pursuant to CPLR 511 or a stipulation of all appearing parties consenting to the change of venue and then file a Notice to County Clerk. If the stipulation is not filed within a reasonable time after issue is joined, an order from the court will be necessary;
2. Discontinue the Suffolk County action and re-file in the other county paying the fees again (no refund of previously paid fees will be made); or
3. Obtain a Court order transferring venue and file a Notice to County Clerk –CPLR 8019(c).

Q. Can I file a Notice of Entry before the Judgment or Order is filed with the County Clerk?

A. No. Notice of Entry may only be filed AFTER the document has been received and filed by the Suffolk County Clerk. This applies to a Judgment or Order issued by a Suffolk County Supreme Court Judge or County Court Judge or the Appellate Division.

Q. Can the Suffolk County Clerk assist me in identifying what documents must be filed or how to fill out forms?

A. The Suffolk County Clerk may not provide procedural or substantive legal advice. This includes advising what documents need to be filed, unless a document requiring the payment of a fee is necessary. In addition, staff of the County Clerk may not assist in the completion of documents being filed directly with the County Clerk or the Court. Unrepresented parties can contact the two Law Libraries located in the Riverhead and Central Islip Courts for assistance. However, no legal advice may be given by the Law Library.

Q. How do I contact the Suffolk County Supreme Court Law Library?

A. The Law Library contact information can be found here.

If you have any additional questions, please email the County Clerk at courtactions@suffolkcountyny.gov..