NYSCEF PDF Requirements for Scanned Exhibits and Papers
By Schema LawPublished Updated
NYSCEF PDF requirements are published on the NYSCEF site, and the e-filing rule makes them binding. A file must conform to PDF/A, carry no password or encryption, be flattened if it has layers, and hold nothing that cannot print to a page. Scans are to be at 200 dpi, and a PDF may not exceed 100 megabytes.
Everything quoted here was read on the New York State Unified Court System's own pages when this was written. Those pages change, so open them before you rely on a figure. This post explains how to prepare a file and is not legal advice.
What PDF requirements does NYSCEF set for e-filed documents?
NYSCEF's PDF requirements live on the NYSCEF site, not in the e-filing rule. The consensual e-filing rule, 22 NYCRR 202.5-b(d)(1)(i), says e-filed documents "shall comply with the technical requirements set forth at the NYSCEF site." The site's requirements page then lists what a compliant PDF is and what the system refuses.
That sentence reaches mandatory e-filing cases too. The mandatory program rule, 202.5-bb, says that except where it requires otherwise, "the provisions of section 202.5-b of these rules shall govern electronic filing under this section."
Three court sources carry the detail:
- the text of rule 202.5-b on the NYSCEF site, which points to the site for technical requirements
- the NYSCEF requirements page, under "PDF Documents for Filing"
- the NYSCEF frequently asked questions, which repeat several of the limits and add the size cap
| Subject | What the NYSCEF pages say |
|---|---|
| Format | "NYSCEF requires that all e-filed documents conform to PDF/A specifications" |
| Active content | The system "will not accept documents that contain open action tags or javascript" |
| Security | "Documents should NOT be password-protected or encrypted" |
| Layers | "PDF documents with multiple layers must be flattened prior to submission" |
| Scan resolution | "Required resolution for the scanned PDF images is 200 dots per inch (dpi)" |
| Margins | One inch on all four sides, with the top margin kept clear for filing stamps |
| Size | "100 megabytes per PDF document" (from the FAQ) |
| File name | "No specific file name is required, BUT long names will not upload properly" |
The requirements page also prohibits what it calls object content: multimedia, 3-dimensional models, file attachments, multi-page objects such as spreadsheets, and "commenting/reviewing features (highlighting, annotations, comments, notes, and the like)". That last item matters for exhibits. A scan you highlighted or annotated in your PDF software while preparing the case is not the copy to upload.
Your county, your court part and your judge may add their own requirements. Read the part rules and any county e-filing protocol as well as the NYSCEF pages.
Does NYSCEF require PDF/A and text-searchable files?
NYSCEF requires PDF/A for every document, and its requirements page lists "Text Searchable" among the things a document "must comply with". The detailed paragraph is narrower: "All PDF documents generated from an original word processing file must be text-searchable." For scans it says images containing text "may not be searchable" and that software can make a scanned PDF searchable.
The two requirements are worth separating, because a file can meet one and fail the other.
PDF/A. The NYSCEF page on PDF/A for unrepresented litigants puts it most plainly: "You can only file PDF/A documents to NYSCEF." The requirements page ties its other limits to the same standard. Passwords and encryption, it says, violate "PDF/A specification compliance". The FAQ uses slightly different wording and says active content is barred "To be compliant with the PDF/1a specification, and for security reasons". Neither page names a PDF/A part or conformance level beyond that phrase, so if you are unsure what the system accepts, test a sample file in the Training System that the FAQ describes as a duplicate of the live one for practice filings. Whether a scanned page with an OCR text layer can conform at all is answered in the guide to PDF/A, in the section on scanned pages with an OCR text layer.
Text search. The requirements page says two things, and they do not line up exactly. Its summary list, under the words "your document must comply with the following", names "Text Searchable" with no exception. The paragraph that explains the item puts its "must" on documents made from a word processing file: your affirmation, your memorandum of law, your notice of motion. Export those directly to PDF and all the text will be searchable. For scanned paper, the same paragraph describes what is possible. It says scanners can scan directly to PDF and that "many of them have integrated packages that can make the document text searchable."
The page does not say which statement controls for a scanned exhibit, and this post does not decide it. The practical answer is the same either way: add the text layer to every scan. A searchable exhibit satisfies the summary list as written, and part rules or your judge can ask for it in any case. If a page cannot be made searchable, such as a photograph or handwriting, ask the clerk or the NYSCEF Resource Center how to file it.
Scanned exhibits and bookmarks in a NYSCEF filing
The NYSCEF requirements page tells filers they need a scanner "to create images of any non-computerized documents you have, such as exhibits," and sets 200 dpi for those images. It does not mention bookmarks. Neither does rule 202.5-b. Any bookmark requirement in your case comes from somewhere else.
That absence is a finding, and it is the limit of what the sources opened for this post show. Before you file, look for a bookmark rule in three places: the rules of the division or part your case is in, your judge's individual practices, and any order in the case. If one applies, the wording of each label is covered in the guide on what a bookmark on an exhibit or brief section should say.
What the NYSCEF pages do say about scanned exhibits:
- Resolution. The stated reason for 200 dpi is that it keeps pages "legible both on the computer screen and when printed and, at the same time, minimizes the file size."
- Margins. The one-inch top margin is "particularly important to allow space for the addition of County Clerk and NYSCEF filing stamps." You cannot change the margins of a document someone else wrote. If an exhibit has print at the very top of the page, ask the clerk how that court handles it.
- Hard copy. Rule 202.5-b(d)(7) lets the County Clerk "require or permit a party to file in hard copy" an exhibit "which it is impractical or inconvenient to file electronically."
- Public access. The requirements page warns that documents submitted through NYSCEF "will be available for public inspection at the courthouse unless sealed by court order." Redact before you upload.
How do you fix a scanned PDF that NYSCEF will not accept?
Match the symptom to one of the published limits, then remake the file from the scan. The NYSCEF pages name the causes: a file that is not PDF/A, a password or encryption, unflattened layers, active or object content, a long file name, or a PDF over 100 megabytes.
| What is wrong with the file | What to do |
|---|---|
| Not PDF/A | Save or export a PDF/A copy from your PDF software, then check it with a validator |
| Password or encryption you added | Go to your unprotected original and export a fresh copy with no security. If someone else protected the file, ask them for an unprotected copy |
| Layers, comments, highlighting or annotations | Flatten the file, or return to the clean scan and start from that |
| Embedded attachments, media or scripts | Remake the PDF from the scanned pages alone |
| File name too long | Rename it to something short |
| Over 100 megabytes | Rescan at 200 dpi, or split the exhibit into labeled parts |
The FAQ says protected documents "will not pass validation, thus will not be submitted." The requirements page says of PDF/A problems that the documents "may not be accepted." Those are the court system's two descriptions. Neither page lists the exact error text you will see.
Two cautions. First, converting to PDF/A and flattening can each change a file, so run your checks again afterwards: page count, legibility, and a search for a word on the first and last page. Second, do the OCR before the final PDF/A conversion and confirm the text layer survived it.
Prepare the motion and each exhibit as the NYSCEF notice for your case describes. This is state court electronic filing, so the clerk of court page for that county is the list you follow. Save the confirmation page with the PDF you uploaded. If an exhibit instruction on that page differs from a general notice, follow the page that names your court.
Preparing a scanned affidavit or exhibit for NYSCEF upload
Scan at 200 dpi, add a text layer, convert the result to PDF/A, and test the exact file you will upload. A signed affidavit follows the same route. Rule 202.5-b(e)(1)(i) treats a document as signed if it "bears the physical signature of such person and is scanned into an electronic format that reproduces such signature."
- Start from clean paper or a clean scan. Use a copy with no highlighting, sticky notes or comments.
- Scan at 200 dpi. Use black and white unless color carries meaning in the document.
- Add the text layer. Switch on OCR in the scanner software, or run the scan through an OCR tool. Schema Law reads a PDF, PNG or JPEG of up to 20 MB and exports a searchable PDF, which the export formats section of the homepage lists with the other file types.
- Convert to PDF/A. The Schema Law export list names searchable PDF and does not name PDF/A, so do this step in PDF software that offers a PDF/A export.
- Validate. Confirm the file conforms, has no security settings and has no layers or comments.
- Check it by eye. Compare the signature page with the paper. Search for a name on the first page and on the last.
- Check size and name. Stay under 100 megabytes and keep the file name short.
- Upload, then open the filed copy and confirm the stamps did not cover anything.
A worked example. An affidavit signed and notarized by a fictional witness, Lucia Marchetti, comes back to you as four sheets of paper with one exhibit, a nine-page invoice run. You scan the affidavit and the invoices as two files, run OCR on both, convert both to PDF/A, and search each for "Marchetti" and for the last invoice number. Both searches succeed, and both files are a few megabytes. They are ready to upload.
A case in the same state can also be in federal court, where the system and its rules are different. The guide to CM/ECF PDF requirements covers those.