Submission of papers to Surrogate · as in force on May 31, 2026
All papers for signature or consideration of the Surrogate shall be presented in the first instance to the clerk of the court in the appropriate courtroom or clerk's office, except that where the clerk is unavailable or the Surrogate so directs, papers may be filed with the Surrogate and a copy filed with the clerk at the first available opportunity. Where appropriate, orders to show cause may be submitted directly to the Department of Law or the Surrogate. The papers shall be clearly addressed to the Surrogate for whom they are intended, and prominently show the nature of the papers, the title and clerk's file number of the proceeding in which they are filed, and the name of the attorney or party submitting them.
Papers for the Surrogate's signature or consideration go first to the clerk of the court, in the proper courtroom or clerk's office. ★ If the clerk is unavailable or the Surrogate directs, papers may be filed with the Surrogate, with a copy to the clerk at the first available opportunity. Where appropriate, orders to show cause may be submitted directly to the Department of Law or the Surrogate. Papers must be clearly addressed to the intended Surrogate and prominently show the nature of the papers, the title and clerk's file number of the proceeding, and the name of the attorney or party submitting them.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.