Court Orders Related to COVID-19 in FMG Jurisdictions
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Court Orders Related to COVID-19 In FMG Jurisdictions Contents Alabama.............................................................................................................................................2 Arizona ..............................................................................................................................................4 California ...........................................................................................................................................7 Connecticut .....................................................................................................................................29 Florida ..............................................................................................................................................31 Georgia ............................................................................................................................................51 Indiana .............................................................................................................................................54 Kentucky ..........................................................................................................................................56 Maine ..............................................................................................................................................58 Maryland .........................................................................................................................................60 Massachusetts .................................................................................................................................62 New Hampshire ...............................................................................................................................64 New Jersey ......................................................................................................................................66 New York .........................................................................................................................................69 Ohio .................................................................................................................................................72 Pennsylvania ....................................................................................................................................74 Rhode Island ....................................................................................................................................78 South Carolina .................................................................................................................................79 Tennessee ........................................................................................................................................83 Vermont ..........................................................................................................................................84 Virginia ............................................................................................................................................86 Alabama Trial Courts: All in-person court proceedings are suspended through April 16 pursuant to the State Supreme Court’s March 13, 2020 Administrative Order. Exceptions include proceedings to protect constitutional rights of criminal defendants, civil and criminal trials in progress as of March 13, and proceedings relating to child custody and protection from abuse. Court proceedings may continue by telephone, video, or other means not involving in-person contact. Any deadlines subject to regulation by the court that were set to expire between March 16 and April 16, 2020 are extended to April 20, 2020. This does not include statutory period of repose or statute limitations. By order dated March 15, 2020, out-of-court activities should be evaluated on a case-by-case basis, and parties are to work together to implement social- distancing. Depositions and court proceedings may be conducted by audio-video communication, and all court rules providing that oaths must be administered in person are suspended. The March 13, 2020 Order does not apply to filings made electronically with the State’s three Appellate Courts. Hard copies of briefs are not required to be filed until April 17, 2020. By Order dated March 18, any workers’ compensation settlement hearing may be conducted telephonically or by videoconference, and any workers compensation settlement may be approved by an ombudsman of the Alabama Department of Labor or by a circuit court judge. Court of Appeals of Alabama: The Supreme Court’s order below applies to both the Civil and Criminal Courts of Appeal. Supreme Court of Alabama: The Court’s order of March 17, 2020, suspended the requirement for filing hard copies of briefs and appendices through April 17. Federal District Courts: The Northern District of Alabama, by order dated March 11, 2020, precludes from entry anyone who has travelled to China, South Korea, Japan, Italy or Iran over the past 14 days. 2 | P a g e The Middle District of Alabama also precludes entry of travelers from the countries noted above. Effective March 17, 2020, no jurors will be summoned for civil or jury trials for 30 days. All jury trials scheduled during that period, including any trial specific deadlines, are CONTINUED for 30 days pending further Order of the Court. Initial Appearances, arraignments, and detention hearings will be conducted by telephone or videoconference. The court’s Order does not affect the Court's consideration of civil or criminal motions that can be resolved without oral argument. Any requirement for the provision of the delivery of courtesy copies to judges’ chambers in civil and criminal cases is suspended pending further notice. The Southern District of Alabama has authorized the use of video or teleconferencing for hearings, arraignments, and other criminal proceedings. Effective March 30, 2020, and until further ordered, public access to all court hearings in criminal cases will be broadcast to the Jury Assembly Room. Eleventh Circuit Court of Appeals: The Eleventh Circuit has issued General Order No. 44, restricting courthouse access and modifying its paper filing requirement to excuse filings by those diagnosed with COVID-19 or who have potentially been exposed. The Court has also entered an order permitting oral argument to be heard by audio or teleconferencing. Where feasible, those arguments will be livestreamed, but in any event they will be posted on the Court’s website. Return to Table of Contents 3 | P a g e Arizona Trial Courts: Under Supreme Court Order 2020-48 the courts of Arizona remain open under the following restrictions: All in-person proceeding in all Arizona Appellate, Superior, Justice and Municipal Courts are to be avoided to the greatest extent possible, consistent with core Constitutional Rights. Empaneling Juries through April 17, 2020 shall be rescheduled. The presiding Superior Court Judge of each county shall determine how in-person Court proceedings are to be conducted under conditions that protect the public health. Any rule that impedes a judge or court clerk’s ability to use technologies to eliminate or limit in-person conduct of court business is suspended through April 17, 2020. Judges may hold ex parte hearings on order of protection telephonically. Through April 17, 2020 any judge unable to rule on any pending matter due to illness or is otherwise unable to work is deemed physically disabled and therefore such period is excluded from the 60-day calculation to issue rulings on all submitted matters. Except for limited matters related to the health and safety of the public, the time period March 18, 2020 through April 17, 2020 is excluded from calculation of time under any rule, provision and statutory procedure that require court proceeding. Coconino County Courts remain open but encouraging delay of non-essential matters. All criminal and civil Trials are postponed through April 17,2020. Counsel shall consult the Court for status of previously scheduled hearings. Yavapai County Superior and Justice Court will remain open. Jury trials are postponed through April 17, 2020. Court proceedings will continue to be conducted in a manner that provides for the safety of participants and court personnel, promoting social distancing and recommendation of the CDC. 4 | P a g e Maricopa County (Metro-Phoenix Area) No in-person hearings will be conducted through April 30, 2020. All matters will be help telephonically. No new juries will be empaneled through April 30, 2020. Court will continue to accept electronically filed documents. Judicial Officers shall determine on the papers if a hearing is required and sell set telephonic hearings where necessary. Drop off boxes for judicial divisions continue to be accepted. Evictions and forcible detainer matters will be heard only where irreparable and immediate breach is alleged through April 30, 2020. All applications for temporary restraining orders and preliminary injunctions will be determined on the papers filed. Any hearing the Court deems necessary will be heard telephonically. Pima County (Metro Tucson Area) All non-essential hearings are postponed or will be heard by alternate means. Counsel are directed to contact the assigned division to further direction. Counsel and the public are requested to delay filing all non-essential and discretionary matters and proceedings. Jury trials are