Since mid-March, state and federal courts throughout the U.S. have issued widely varying “general orders” and interim rules affecting all pending or anticipated litigation by restricting courts access, staying filing or other deadlines, and otherwise limiting otherwise routine litigation activity. It is important to note that each court system has handled COVID-19 issues differently, and the impact of modifications and strategic considerations should be discussed with counsel.
State Courts
New York – The New York Unified Court System, which governs the operations of New York state courts, announced a “virtual” court model effective yesterday (April 13th) materially expanding courts’ operations amid the COVID-19 pandemic. Courts are still far from returning from “
normal, but this expansion goes well beyond the Chief Administrative Judge’s March 22nd order, which barred activity other than in a very narrowly defined set of “essential” or emergency matters.
The court explained that in pending, “non-essential” matters, NY courts will now:
(1) review case inventories and schedule telephonic and audiovisual conferences with attorneys and others where such conferences will facilitate resolution of disputed issues or the case as a whole. Audiovisual conferences will be handled exclusively through Skype for Business technology. Conferences may also be scheduled by the court at the request of parties;
(2) address outstanding, fully submitted motions; and
(3) be available during normal business hours to address ad hoc oral applications by telephone or Skype.
Because of this expansion, litigants in pending, “non-essential” cases could see cases moving forward in some respects, depending on the presiding judge the circumstances of the case. This could be welcome new for some litigants.
Connecticut – The Connecticut Judicial Branch and Governor Ned Lamont have announced significant COVID-19 related restrictions, courthouse closures and restricted access, deadline extensions and stays on a rolling basis since March 10th. Most significantly, it was announced on March 12th that courts will schedule and hear only “Priority 1 Business Functions.” Jury service is suspended until further notice.
Civil matters that will be handled remotely:
- Complete and render decisions previously argued/submitted.
- Items that can be processed on the papers:
Withdrawals
Satisfactions of Judgments
Requests to conform
Removal to Federal Court
Remands from Federal Court
Acceptance of Offers of Compromise
Family matters - Entering orders pursuant to Requests for Approval of temporary agreement without court
appearance. - Approval of joint Petitions for Non-Adversarial Dissolutions.
- Items that can be processed remotely:
Entering orders pursuant to Requests for Approval of temporary agreement without
court appearance.
Approval of joint Petitions for Non-Adversarial Dissolutions.
Withdrawal of action
Requests to conform
Judges’ orders where notice could be by SCRAM or JDNO
Any outstanding judgment files
QDROs in electronic files
Memoranda in electronic files that have e-filers on both sides
Restoration of name in electronic files
Case Management Agreements for uncontesteds
Requests for Conciliation
Motions for reconciliation
Federal Courts
United States District Courts in New York and Connecticut have announced rules on an individual basis. These, too, vary widely by jurisdiction. In general, the federal courts in New York currently have day-to-day operations that are something closer to “normal.” Federal courts houses are open for business with varying (and changing) limitations and expanded video conferencing options.
This content is provided as background and does not constitute legal advice. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870.
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