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COVID-19 State Responses − ALERT COVID-19 State Responses − December 4, 2020 Authors *Wiley continues to closely monitor the COVID-19 crisis and will update this list as − new information is available. This alert was originally published on March 25, 2020, Peter S. Hyun and last updated on December 4, 2020. Partner 202.719.4499 [email protected] 1. Alabama ● Governor’s latest direction (November 5, 2020 – Stay at Home Order.) Practice Areas − ● Supreme Court of Alabama (August 14, 2020 – COVID-19 Pandemic Emergency Response Order extending orders pertaining to worker’s compensation cases COVID-19 Resource Center and remote testimony.) Litigation White Collar Defense & Government ● District Court for the Northern District of Alabama (December 2, 2020 – General Investigations Order Extending The Authorization of The Use of Video and Audio to Conduct Criminal Proceedings.) ● District Court for the Middle District of Alabama (September 18, 2020 – Order re criminal proceedings by video or audio conference.) ● District Court for the Southern District of Alabama (July 9, 2020 – all persons entering the courthouse must wear masks and will be subjected to coronavirus (COVID-19) screening. Remote criminal proceedings under the CARES Act, use of video for public access to proceedings, entrance restrictions based on recent travel.) 2. Alaska ● Governor’s “Reopen Alaska Responsibly Plan” (May 19, 2020 – Phase Three began May 22, 2020, and allows all businesses, libraries, religious spaces, etc. to open at 100% capacity. Hygiene and social distancing methods are encouraged. Masks are encouraged but not required.) ● June 3, 2020 – new travel guidelines and testing/quarantine requirements for those entering the state. ● November 15, 2020 – COVID-19 Outbreak Health Orders ● Alaska Supreme Court (November 25, 2020 – Order re COVID-19 and jury trials.) ● District Court for the District of Alaska (Civil hearings and jury trials are postponed until after January 4, 2010.) wiley.law 1 COVID-19 State Responses ● July 9, 2020 – face coverings required in court facilities for all persons without a preventive medical condition, and over two years of age. Due to difficulty scheduling virtual appearances for in-custody defendants, courts may schedule hearings during evenings and weekends. Persons with a likelihood of spreading COVID-19 may not enter courthouses. Civil hearings and all jury trials are postponed until after September 4, 2020. Electronic filing; no courtesy copies except in social security cases.) ● Review the COVID-19 Restoring Operations Plan for more details. 3. Arizona ● Governor’s latest direction (December 2, 2020 – Executive Order re Easing Regulations to Encourage Outdoor Dining.) ● December 2, 2020 – Executive Order re Further Mitigation Requirement for Events. ● December 2, 2020 – Executive Order re Ensuring the Availability of the COVID Vaccine without Financial Barriers. ● ● July 23, 2020 – as Arizona’s number of cases increases, the governor has recently halted the state’s reopening and added the following orders: ● Order 52 (July 23, 2020 – extends Order 43: prohibition on gatherings of 50+ people, festival/fair liquor licenses, and in- person bars. This order will be reviewed every 2 weeks until further notice.) ● Order 51 (July 23, 2020 – return-to-school guidelines must be posted by August 7, 2020, and all schools must start remote. Schools should begin offering on-site opportunities to students with the most need starting August 17, 2020. Schools must require face coverings for students over the age of 5. Previously, Order 44 delayed the school year start to August 17, 2020 (Arizona schools typically start in July) and waived the requirement for a certain number of school days in the academic year.) ● Order 50 (July 22, 2020 – efforts to establish safe in-person voting protocols.) ● Order 49 (July 16, 2020 – continued postponement of eviction enforcement actions.) ● From previous orders (Remote online notarization. Implementation of statewide contact tracing. Limitations on indoor dining. Businesses must adopt and enforce written policies in line with Centers for Disease Control and Prevention (CDC) and Occupational Safety and Health Administration (OSHA) recommendations for mitigating the spread of infection. Local governments can adopt policies regarding face coverings. Mandatory reporting of data related to PPE, testing, and supplies for all hospitals, nursing homes, and labs. Nursing homes and healthcare institutions must report new COVID-19 cases and deaths within 24 hours to any incoming or current residents and their guardians or next of kin.) ● Arizona Supreme Court (November 18, 2020 – Administrative Order re Authorizing Limitation of Court Operations During a Public Health Emergency and Transition to Resumption of Certain Operations.) ● District Court for the District of Arizona (November 19, 2020 – General Order re Continuing Court Operations in the District of Arizona Under the Exigent Circumstances Created by Coronavirus Disease (COVID-19).) ● Moratorium on jury trials is extended until further notice. ● Customer service counters in most of the Clerk’s Offices are closed. ● Each courthouse has different guidelines, but all persons attending hearings or trials must wear masks and comply with social distancing guidelines. 4. Arkansas ● Governor’s latest orders (November 13, 2020 – Executive Order to Establish the Governor’s COVID-19 Winter Task Force.) ● Arkansas Supreme Court (November 20, 2020 – Per curiam in response to COVID-19 pandemic.) wiley.law 2 COVID-19 State Responses ● Guidelines for in-person proceedings (July 1, 2020) ● United States District Court for the Eastern District of Arkansas (November 6, 2020 – Order re court operations during COVID-19 pandemic.) ● United States District Court for the Western District of Arkansas (November 29, 2020 – Administrative Order re Court Operations During the COVID-19 Pandemic.) 5. California ● Governor’s latest directions (October 29, 2020 – Executive Order addressing a variety of issues in response to the pandemic.) ● California Supreme Court (September 22, 2020 – Oral Argument Calendar.) ● District Court for the Northern District of California (Deadline September 30, 2020: Notice of Proposed Amendment to Criminal Local Rule 32-6.) ● District Court for the Central District of California (September 23, 2020 – Order re use of video and telephonic conference technology in certain criminal proceedings.) ● District Court for the Eastern District of California (September 30, 2020 – Order re video-teleconferencing and telephone conference for criminal proceedings.) ● July 28, 2020 – mask requirement in all public spaces for all courthouses. All civil and criminal jury trials are postponed until further notice; courthouses are closed to the public. Civil matters will be “decided on the papers” or via teleconference. Authorization of electronic signatures and remote criminal proceedings in accordance with the CARES Act through September 24, 2020. Deadlines will remain in place unless ordered otherwise. ● District Court for the Southern District of California (November 16, 2020 – Order re proceedings during the COVID-19 public emergency.) ● Motion to Appear Telephonically or by Videoconference (downloadable template). 6. Colorado ● Governor’s latest direction (October 8, 2020 – Second Amended Public Health Order 20-35 Safer at Home Dial.) ● Colorado Supreme Court (October 31, 2020 – Third Amended Administrative Order re Court Operations Under COVID-19 and Suspension of Jury Trials.) ● Message to all Colorado attorneys (April 27, 2020 – details on various criminal and civil rule changes, emergency rule allowing law school graduates to practice if bar exam is postponed, technical developments to facilitate remote trials, and more.) ● District Court for the District of Colorado (November 5, 2020 – Order re Court Operations During The COVID-19 Pandemic.) ● Clerk’s office is deemed “open” but is operating remotely. Pro se litigants must file via mail, drop box, or email. Other litigants may use e-filing. Cash payments will not be accepted.) 7. Connecticut ● Governor’s latest direction (November 25, 2020 – Executive Order re Protection of Public Health and Safety During COVID-19 Pandemic.) ● Connecticut Supreme Court (December 2, 2020 – Resumption of Requirements and Deadlines Related to Supreme and Appellate Court Operations and Related to Offers of Compromise.) ● District Court for the District of Connecticut (September 25, 2020 – Order re court operations; CARES Act Reauthorization.) ● July 14, 2020 – Extension of remote criminal proceedings under the CARES Act. Individual judges will now determine whether to have each non-jury proceeding in person. Mask requirement for all persons in courthouse. Continuance of all jury trials wiley.law 3 COVID-19 State Responses scheduled to start through November 2, 2020, but some civil jury selections and trials may begin starting September 1, 2020 if a judge decides it can be done with sufficient safety measures. Counsel who wish to propose a case for trial during this period should file a joint motion for trial with the presiding judge. No courtesy copies when e-filing. 8. Delaware ● Governor’s latest direction (November 25, 2020 – Ninth Extension of the Declaration of a State of Emergency for the State of Delaware due to a Public Health Threat.) ● Delaware Supreme Court (December 2, 2020 – Chief Justice extends Judicial Emergency to January 3, 2021.) ● Delaware is in Phase 2 of reopening phase. ● Courtroom Protocols (Posted June 8, 2020 – new precautions
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