A. State
Per a message issued by Chief Judge Janet DiFiore delivered on October 12, 2020, New York Courts will continue to operate at about 10% capacity regarding in person appearances. Judge DiFiore further stated that jury trials will begin again in New York City beginning the week of October 19, 2020. The number of/locations of these trials will be determined based on the latest COVID data. Beyond these developments, Judge DiFiore emphasized that the Courts would continue their efforts to expand ADR to aid in efficiently moving the Courts’ docket.
Additionally, the Chief Administrative Judge, Lawrence Marks, issued an Order effective as of October 12, 2020, which provided that there will be a resumption of residential eviction matters.
Jury summonses have gone out in the Fourth, Sixth, Seventh and Eighth Judicial districts and in Suffolk County, where a limited number of civil and criminal trials were scheduled. A limited number of civil and criminal jury trials have resumed in New York City. Grand juries are operating in every county of the state, and the Court of Appeals will hear oral arguments in person in its September term.
B. Federal
The Southern District of New York entered Phase 3 of a reentry plan, which includes the resumption of jury trials, on Sept. 23. A court notice said it is anticipated that "most if not all" matters will be handled remotely, although certain matters may be held on-site.
In the Eastern District of New York, video or telephone conferencing for several types of proceedings is being utilized, including detention hearings, initial appearances and arraignments. Courthouse access is prohibited for those who have traveled internationally or to certain states in the past two weeks; those who have symptoms of COVID-19; those who have tested positive for the coronavirus in the past two weeks; those who have been advised to quarantine; those who live with someone who has had symptoms and those who have been released from a detention facility in the past two weeks, unless they are reporting to be fitted with a location monitoring device.
In the Northern District of New York, all civil and criminal jury selections and trials — including grand juries — scheduled to begin through Dec. 15 may be postponed, unless otherwise directed by the presiding judge. Other criminal matters before magistrate judges will continue to take place as usual. All mass public gatherings, including naturalization ceremonies, are suspended. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse. Face masks are required in courthouses.
In the Western District of New York, courthouses are open with certain limitations. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any courthouse. Anyone not wearing a mask will also be prohibited. Criminal matters may take place in person or remotely. The office of U.S. Citizenship and Immigration Services may perform administrative naturalization ceremonies until further notice.