Per Order dated December 31, 2020, in Queens County and Bronx County all in person filings are suspended effective immediately. This mandate applies to new and already pending matters. There exists a narrow exception for those parties proceeding pro se. The Order can be found via the following link: https://www.elaw.com/elaw21/blog_documents/QueensandBronxCountyAdministrativeOrder12312020.pdf.
PENNSYLVANIA - SUSPENSION OF JURY TRIALS IN THE MIDDLE DISTRICT
In the Middle District of Pennsylvania, there is now an ongoing suspension of jury trials scheduled to continue until February 1, 2021, per Standing Order 2020-34. It is currently unclear whether the suspension will remain in effect beyond this date, but the text of the Order leaves that possibility open.
GEORGIA - Deadlines Revised
Regarding the State Courts, per Order of the Georgia Supreme Court dated December 9, 2020, deadlines for jury trial proceedings, grand jury proceedings and other related deadlines are suspended and tolled. The provision does not apply to deadlines related to bench trials. The relevant Order can be accessed at the following link: http://co.banks.ga.us/dept-magistrate-court_150_2730237607.pdf.
CONNECTICUT - Overall Pause Until 2021
Chief Court Administrator Patrick Carroll III of the State Judicial Branch said state criminal and jury trials have been pushed back to Dec 31, 2020 after they were originally supposed to resume November 2, 2020 according to the Connecticut Law Tribune.
U.S. District Court Judge Stefan Underhill, chief judge for the District of Connecticut, announced on December 3, 2020 that federal jury trials and jury selections for criminal and civil matters will resume Feb. 1, 2021, a decision made earlier this week after discussing the coronavirus pandemic with health experts. This Order can be accessed via the following link: http://www.ctd.uscourts.gov/sites/default/files/12032020_REDACTED_GeneralOrder_Trials.pdf.
NEW YORK - State Courts Curtail Operations Amid Resurgent Pandemic
On December 7, 2020, Chief Judge Janet DiFiore announced that while there are high hopes for an incoming vaccine, Court operations are to be restricted for the time being. Specifically, staffing levels will be cut to 30% of normal capacity in New York City courtrooms and to 40% elsewhere. Virtual hearings will be held wherever possible, except for emergency matters in criminal, family and housing courts. This change is a rollback of the phased reopening plan formerly being implemented by the New York State Court System. As of this writing, there is statewide COVID-positive rate of 5% throughout New York, a marked increase.
GEORGIA & FLORIDA - Eleventh Circuit Court of Appeals
In the Eleventh Circuit, only judges, court staff, members of the media and visitors having official business with the court are permitted entry to the two Eleventh Circuit buildings. Paper filing requirements are temporarily waived until further notice. Panels can hear oral arguments remotely, and those hearings will be livestreamed for the public where possible. Oral argument recordings will also be available on the court's website. Anyone experiencing flu-like symptoms or who has had a known contact with a person who tested positive for the coronavirus will not be allowed inside.
NEW JERSEY & PENNSYLVANIA - Third Circuit Court of Appeals Update
Oral arguments are continuing as scheduled until the Court orders otherwise. Currently, the merits panel is determining the manner of argument. If parties wish to appear via audio conference, they may file a motion requesting to do so. Presently, the most staff in the clerk's office are working remotely. The three-day time limit ordinarily imposed on requests for extensions is relaxed until the clerk's office resumes normal operations. The filing of paper copies of briefs and appendices is again effective for documents filed on Oct. 1 and later.
NEW YORK & CONNECTICUT - Second Circuit Court of Appeals Update
All oral arguments will currently be conducted via teleconference. Furthermore, Lawyers or pro se parties set to argue before the court should contact the clerk of court if they have: visited or have been in contact with someone who was in China, Iran, Italy, Japan or South Korea in the past two weeks, been asked to self-quarantine, tested positive for the coronavirus or have been in contact with someone who has tested positive, or if they have a verifiable health condition.
Effective July 1, the court has again mandated that parties file paper copies of briefs, appendices and documents over 50 pages. Nevertheless, persons without business with the Court will not be admitted until further notice.
MASSACHUSETTS - First Circuit Court of Appeals Update
Currently, the Federal First Circuit Court of appeals clerk's office is not accepting in person filings, and will continue to not do so until further notice. Where paper filings are required, parties can use the drop box located by the main entrance on the first floor of the John Joseph Moakley U.S. Courthouse in Boston.
Additionally, the Court has temporarily suspended a requirement that appendices to briefs must be filed only in paper form. Appendices should be filed electronically, and after an appendix is accepted for filing, the court may set a deadline for paper copies.
The court will hold oral arguments by videoconference during its December 2020 session with live audio access through YouTube.
NEW YORK - New Restrictions in the Southern District
The Southern District of New York appears to no longer be proceeding into Phase 3 of its reentry plan given the new surge in COVID-19 cases. On November 30, 2020, Chief Judge Colleen McMahon issued an Order stating that the Southern District’s Courthouses would be closed to the public and that all in-person proceedings would be suspended until at least mid-January.
Specifically, the Order provides that the closure will begin Dec. 1 and last until Jan. 15. All jury trials will be rescheduled, and all civil proceedings will be conducted remotely. The Chief Judge’s Order can be found at the following link: https://www.nysd.uscourts.gov/sites/default/files/2020-11/20mc622%20Standing%20Order.pdf
PENNSYLVANNIA - Closure of Luzerne County could Signal Further Closures to come for PA State Courts
Per President Judge Michael T. Vough’s Order of November 19, 2020, there will be restricted Court operations in Luzerne County due to an uptick in COVID-19 cases. Specifically, the magistrate's offices will close for 10 days, and there will be no jury trials throughout the months of December and January.
Only certain proceedings will move forward as per usual including guardianships, civil injunction hearings, and mental health proceedings.
NEW YORK - New Suspension in NY State Jury Trials
Effective November 16, 2020, and until further notice, New York State Courts are temporarily postponing the scheduling of new jury trials, and temporarily postponing the summoning of new trial jurors. Jury trials and bench trials that are now in progress will be allowed to proceed to completion.
Newly commenced bench trials and hearings will proceed virtually, unless otherwise authorized by Deputy Chief Administrative Judges. Sitting grand juries will continue operating for the time being. However, the summoning of new prospective grand jurors is also being postponed until further notice.
NEW JERSEY - New Suspension in NJ Jury Trials
In a reversal of the general phased trend towards reopening, the New Jersey Supreme Court issued an Order on November 16, 2020 suspending criminal and civil jury trial and in-person grand jury sessions in response to a second wave of COVID-19 infections.
Since September, about a dozen jury trials have been conducted. The resumption of jury trials, though, resulted in the resolution of more than 115 criminal cases and settlements in more than 225 civil cases. The Court said in its order that it will continue to be guided by experts in public health as it administers court operations in a manner that prioritizes the safety of court users.
FLORIDA - Federal Courts Update
A. State
Florida State Courts are engaging in a phased reopening process. All Florida State Courts are currently in Phase 1 or Phase 2. Those that are in Phase 2 permit limited in-person contact for certain purposes subject to the following of protective measures. Courts in Phase 1 are more restricted, rarely conducting in-person proceedings and keeping their facilities largely closed to the public. Each Court’s particular phase can be found on its website. Currently, the phases vary throughout the State and may change depending on local conditions.
B. Federal
In the Southern District of Florida, anyone entering a court facility must wear a face mask and adhere to social distancing guidelines. All jury trials scheduled to begin on or after March 30 are postponed until Jan. 4, 2021. Trial-specific deadlines in criminal cases scheduled to begin before Jan. 4 are postponed until further order of the court, and judges may continue those deadlines for civil cases at their discretion. Grand jury sessions are postponed until Jan. 4. Judges may hold hearings, conferences and bench trials at their discretion, and are encouraged to do so remotely.
Court security officers are screening people who enter the federal courthouse and denying entry to anyone who has recently visited Italy, Iran, South Korea or China. Anyone who resides with or has had recent close contact with someone who has traveled to one of those countries, has been asked to self-quarantine, has tested positive for the coronavirus or had contact with someone tested positive also will not be able to enter any of the federal courthouses in the district.
In the Middle District of Florida, those with symptoms of COVID-19 and those who may have been exposed to the coronavirus are prohibited from entering any courthouse. A face mask is required for entry at courthouses in all the district's divisions. Some proceedings may be conducted remotely.
In the Northern District of Florida, the U.S. Courthouse and the Winston E. Arnow Federal Building in the Pensacola Division of the court have reopened to the public. Everyone entering a courthouse in the district must wear a face mask, except for children under age 2 and those with a medical condition that precludes them from wearing a face mask. Hearings may be held remotely.
PENNSYLVANIA - Federal Courts Update
A. State
On March 16, 2020, the Supreme Court of Pennsylvania declared a statewide judicial emergency due to the national pandemic. However, this emergency ended on June 1, 2020. Since June 1, 2020, President Judges have been given wide discretion as to when jury trials will resume in their respective judicial districts.
B. Federal
In the Eastern District of Pennsylvania, the court is in an initial test period for jury trials and anticipates that no more than five jury trials will be conducted between Oct. 30 and Dec. 31. All other criminal and civil jury trials scheduled to start before Dec. 31 are postponed. Access to courthouses is limited to judges, court personnel and those attending court proceedings or who have other official business with the court. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering courthouses. Courthouse visitors must wear a face mask when entering the building and when in public areas of the courthouse. Face masks will be provided for visitors who do not have their own.
In the Western District of Pennsylvania, all civil and criminal jury selections and trials scheduled to begin before Feb. 8, 2021, are postponed until further notice, although the court intends to conduct one or more civil jury trials in each division of the court on an initial basis from November through January. All trial-specific deadlines remain in effect unless altered by the presiding judge. Judges are encouraged to handle proceedings remotely. Criminal matters before magistrate judges may continue, and naturalization proceedings may continue in conformity with public health advisories.
In the Middle District of Pennsylvania, the court began a phased reopening, which it is monitoring on a 15-day evaluation cycle. Various types of criminal proceedings may be conducted remotely. Face masks are required in public areas of the courthouse.
MASSACHUSETTS - Federal Courts Update
A. State
As per the Supreme Judicial Court’s Fourth Updated Order dated September 17, 2020, Massachusetts state courthouses will remain physically open to the public for limited purposes. However, most matters will continue to be addressed virtually. After October 23, 2020, will begin a phased resumption of jury trials, beginning with Phase I. Depending on the COVID situation within Massachusetts in the coming months, the next phase will be implemented sometime in February 2021.
Additionally, bench trials in civil and criminal matters will continue to be conducted remotely, and new grand juries may be empaneled subject to certain health-minded restrictions.
B. Federal
In the District of Massachusetts, certain in-person, nonjury proceedings were allowed to take place as of July 15. Proceedings may also be conducted remotely. Face masks must be worn to enter the Donohue Federal Building.
The court is prohibiting visitors who recently traveled to China, Italy, Japan, Iran and South Korea from entering any courthouse or probation office in the district. Those who have had close contact with someone who visited those countries — or those who are symptomatic, have tested positive for the virus or have been instructed by a doctor to self-quarantine — are also prohibited
GEORGIA - Federal Courts Update
A. State
Per Order dated October 10, 2020, Chief Judges are now authorized to resume grand jury proceedings and jury trials if doing so can be done safely based on local conditions. Georgia Courts will continue to use and increase the use of technology to conduct remote judicial proceedings. Courts have resumed limited in-person proceedings that can be conducted safely.
Aside from these updates, Georgia Courts will continue to operate in a similarly restricted/virtual manner until at least November 9, 2020, after which date the current Order Declaring Statewide Judicial Emergency will expire without further extension.
B. Federal
In the Northern District of Georgia, there will be no jury trials through Jan. 3, but grand jury proceedings may continue. The Gainesville Division courthouse is closed until further notice. Other courthouses are open, with social distancing and face mask requirements. Those who have symptoms, have been asked to self-quarantine or have come into close contact with someone who has tested positive for the virus in the past two weeks are prohibited from entering courthouses.
In the Middle District of Georgia, no jury trials will be held until Jan. 3, 2021. Grand juries are not affected by the moratorium. Those who have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering any courthouse. The clerk's office is closed for in-person business, and face masks are required in public areas of courthouses.
In the Southern District of Georgia, only those with official court business will be admitted into the courthouse. Those who have symptoms of COVID-19, have tested positive for the coronavirus or may have been exposed to the virus are prohibited from entering the building. Grand juries will continue to meet. Criminal matters before magistrate judges will continue to take place as usual.
CONNECTICUT - Federal Courts Update
A. State
On August 28, 2020, the Connecticut Judicial Branch issued a press release detailing the continued expansion of Court operations within the State. Courthouses in New Haven, Waterford, and Willimantic are open to the public, subject to mask wearing and social distancing. Also, Connecticut Courts will begin to act on defaults and nonsuits in civil (including housing and small claims) and family matters, effective September 20, 2020. Regarding evictions, the Judicial Branch will begin to schedule hearings for matters in which a request for execution has been filed, beginning the week of September 14, 2020.
B. Federal
In the District of Connecticut, individual judges will determine whether nonjury civil or criminal proceedings will be held in the courtroom. All participants in in-court proceedings after June 15 must wear masks, unless otherwise ordered by the judge. Grand jury proceedings may begin after June 15. Those who have experienced COVID-19 symptoms in the last 21 days are prohibited from entering the courthouse, as are those who have tested positive for the coronavirus or have encountered someone who has in the last 21 days.
NEW YORK - Federal Courts Update
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.
NEW JERSEY - Federal Courts Update
A. State
On September 23, 2020, New Jersey State Courts entered “Phase 2.5” of their Post Pandemic Plan. Previously, the Courts were in “Phase 2” which saw between 15-20% of Judges and staff on site. Those percentages were set to increase to between 50-75% in “Phase 3.”
However, based on current health trends, the Courts will not move directly from “Phase 2” to “Phase 3.” Rather, the Courts will now transition into a “Phase 2.5.” This new transitional phase will limit the number of Judges and staff on-site to a maximum of 25%.
In short, New Jersey Superior and Municipal Courts are slowly resuming some in-person services. However, approximately 75% of Judges and staff continue to work remotely.
B. Federal
For the New Jersey District Court, all civil and criminal jury selections and trials are postponed until Jan. 4. Judges can continue to hold proceedings at their discretion and are encouraged to conduct proceedings remotely. New grand juries may be impaneled and sitting grand juries may continue to meet. Those who have tested positive for the coronavirus, have symptoms or may have been exposed to the virus are prohibited from entering any district courthouse.