COVID-19 Roundup: Court Closures and Procedural Changes, 2020 WL 3443875
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COVID-19 roundup: Court closures and procedural changes, 2020 WL 3443875 COVID-19 roundup: Court closures and procedural changes (June 24, 2020) - Courts around the country continue to shut down or impose restrictions to cope with the spread of the coronavirus. Below is a roundup, updated frequently, of measures taken by federal and state courts. U.S. Supreme Court The U.S. Supreme Court has modified the paper filing requirement for documents filed before a ruling on a petition for writ of certiorari or for an extraordinary writ, or prior to a decision to set a direct appeal for argument. For those situations, a single paper copy of the document on 8 1/2-by-11-inch paper may be submitted, according to an April 17 guidance from the clerk's office. A single paper copy of petitions for rehearing may also be filed on 8 1/2-by-11-inch paper. Filers may choose to format the document under the standards called for in Rule 33.2, in which case the rule's page limits apply, or use the standards set forth in Rule 33.1 but printed on 8 1/2-by-11-inch paper, in which case that rule's word limit applies. Under the April 17 guidance, certain documents do not have to be filed in paper form if filed electronically, including motions for an extension of time under Rule 30.4, waiver of the right to respond to a certiorari petition under Rule 15.5, blanket consent to filing of amicus briefs under Rules 37.2(a) and 37.3(a), and motions to delay distribution of a certiorari petition under a previous Supreme Court COVID-19 order. Parties are encouraged to agree among themselves to serve filings through electronic means only. Filings that are hand-delivered to the Supreme Court building may be directed to the North Drive on Second Street and may take up to two days to reach the clerk's office as all such filings are being taken offsite for screening. Parties are "strongly encouraged" to send filings by mail or commercial carrier rather than hand delivery. If a document needs to be docketed quickly for any reason, the party should contact the clerk's office. The court has extended the deadline to file certiorari petitions due on or after March 19 to 150 days from the date of a lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing. The court building remains open for official business, but most personnel are working remotely. The building is closed to the public. Federal appellate courts The 1st U.S. Circuit Court of Appeals will hold oral arguments during its June session by video conference and will provide live audio access to the public. © 2020 Thomson Reuters. No claim to original U.S. Government Works. 1 COVID-19 roundup: Court closures and procedural changes, 2020 WL 3443875 The court has suspended the requirement in Local Rule 25.0(b)(1)(c) that appendices to briefs must be filed in paper form, according to an April 20 order. Until further notice, all parties represented by counsel should file appendices through the court's e-filing system. After the appendix is accepted electronically, the court may set a deadline for receipt of paper copies. No other rules pertaining to appendices are affected by the order. The clerk's office will not accept in-person filings at its intake window. Submissions must be left in the drop box on the first floor by the main entrance. The 1st Circuit Bankruptcy Appellate Panel will not accept in-person filings at the intake window until further notice. The 2nd U.S. Circuit Court of Appeals will hear all oral arguments via teleconferencing only. Paper copies of documents that are otherwise required to complete a filing will not be required in any case pending further order or upon the specific request of the clerk. Paper copies of documents must continue to be served on pro se litigants. The 3rd U.S. Circuit Court of Appeals remains open with staff working remotely, the clerk's office said in an April 1 statement. The court's e-filing system can now accept original proceeding submissions such as petitions for review, petitions for writ of mandamus or prohibition, or motions for leave to file a second or successive habeas petition, according to a June 4 order. Parties can request to argue telephonically by filing a motion. The requirement to submit hard copies of filings is suspended. The 4th U.S. Circuit Court of Appeals has adopted measures to reduce the spread of the novel coronavirus at the Lewis F. Powell Jr. U.S. Courthouse Complex, according to a June 1 order. The courthouse is closed to everyone except authorized visitors. Everyone seeking entry to the courthouse must wear a mask that covers the nose and mouth, except for children under age 10 and people with health conditions that prohibit wearing a face covering. Entry is barred to anyone who: • has been diagnosed with COVID-19 and has not been advised by a medical professional to discontinue isolation. • has been asked to self-quarantine by a medical professional. • has had contact in the past 14 days with someone who has been diagnosed with COVID-19 or who has been told to self- isolate by a medical professional. • has traveled internationally or to areas heavily infected by the coronavirus within the past 14 days. • has symptoms of COVID-19. Papers may be filed with the court in a room designated for that purpose at the courthouse's Main Street lobby entrance. The 5th U.S. Circuit Court of Appeals has canceled in-person oral arguments scheduled for June 29-July 2. The clerk's office will advise counsel how their cases will be handled. The requirement for filing paper copies of e-filed documents is suspended until further notice. © 2020 Thomson Reuters. No claim to original U.S. Government Works. 2 COVID-19 roundup: Court closures and procedural changes, 2020 WL 3443875 Under a June 2 order, filing deadlines for incarcerated pro se filers will be extended in 30-day increments until further notice. The order cites measures taken by federal and state prisons within the circuit to deal with the coronavirus, as well as a "nationwide total lockdown" of all federal prisons in response to recent protests and civil disorder. All oral arguments scheduled through June in the 6th U.S. Circuit Court of Appeals will be held remotely, according to a May 21 notice. In the 7th U.S. Circuit Court of Appeals, all cases scheduled for oral argument through Aug. 31 will be argued either telephonically or using Zoom. The courtroom is closed to the public, but the court will livestream the oral argument audio to YouTube. Parties who agree among themselves to waive oral argument may file a joint motion seeking permission from the court to do so. The requirement for filing paper copies of electronically filed documents under Fed. R. App. P. 30(a)(3), C.R. 31(b) and C.R. 40(b) is suspended. Under a May 27 order, anyone seeking entry to the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J Roszkowski U.S. Courthouse in Rockford, Illinois, must wear a face mask that completely covers the nose and mouth. The 8th U.S. Circuit Court of Appeals is operating normally, but the public is not permitted in the clerk's office. All documents should be filed electronically. The requirement for filing paper copies of e-filed documents is suspended. Oral arguments in the 9th U.S. Circuit Court of Appeals are being held remotely. Parties seeking extensions of deadlines for nonjurisdictional filings must file a notice with the court, which will result in an automatic extension of the briefing schedule by 60 days. Applications for emergency stays or other relief should be emailed to [email protected]. The Richard H. Chambers U. S. Courthouse is closed to the public during noncourt weeks, according to a notice from the 9th Circuit Bankruptcy Appellate Panel. Litigants are encouraged to use e-filing. Those without access should send pleadings via U.S. mail or other commercial delivery service. The 10th U.S. Circuit Court of Appeals is operating on "maximum telework status." The Byron White U.S. Courthouse is closed to the public. The court has suspended its rule requiring paper copies of briefs, appendices and petitions for rehearing en banc. The court is assessing all cases scheduled for oral argument in May. Cases will be argued telephonically, submitted on the briefs or rescheduled for in-person argument. The 11th U.S. Circuit Court of Appeals has authorized panels to hear all oral arguments by audio or teleconferencing. Arguments will be livestreamed to the public where feasible, except for cases that would not normally be heard publicly, such as those involving national security. The requirement for filing paper copies of e-filed documents is suspended. The Elbert P. Tuttle Courthouse and the John C. Godbold Federal Building are closed to everyone except judges, court staff, members of the media and visitors with official court business. The District of Columbia U.S. Circuit Court of Appeals has suspended all in-person oral arguments and is requiring that they take place by teleconference, be postponed or be decided without oral argument. © 2020 Thomson Reuters. No claim to original U.S. Government Works. 3 COVID-19 roundup: Court closures and procedural changes, 2020 WL 3443875 Access to the E. Barrett Prettyman U.S Courthouse and William B.