COVID-19 Updates

Deadlines, statutes of limitations, and statutes of repose that are not set to expire between March 23, 2020 and May 14, 2020 are not extended or tolled by this order.

REMAIN IN EFFECT – all deadlines set by Federal or Local Rules or Court Orders, including scheduling orders, unless modified by further Order of the assigned judicial officer or the Court.

Other hearings, proceedings are at the discretion of the presiding judge; telephonic is encouraged.

Clerk’s Office open but minimal; hard copy filing requirements deferred.

Parties may request extensions of time by motion or by phone

Phase 1 – June 8, 2020
State courthouses and their administrative offices shall remain closed to the public, but shall be open to court staff and attorneys. Non-emergency and non-essential telephonic arguments, telephonic hearings or videoconferences not identified in the order should continue at the discretion of each of the State courts.

Phase 2 – June 15, 2020
State courthouses will open to the public, subject to health and safety regulations (social distancing, masks required, no more than 10 people, etc). Non-emergency and non-essential telephonic arguments, telephonic hearings or videoconferences not identified in the order shall continue to proceed at the discretion of each of the State courts. Court staffing shall increase to no more than 50%.

Phases 3 – 4
Will commence at a time to be determined by the Chief Justice, in consultation with others. Court staffing returns to 100% in Phase 4.

The new deadline will be determined by the date on which the period of tolling ends, which is June 19 under the May 14 Order.

All Divisions and the Family Court will be open for filing of pleadings, motions and new cases with limited staff. Electronic filing will continue.

All deadlines and time limits in statutes, court rules, and standing orders that would otherwise expire before May 15, 2020 including statutes of limitations, are tolled during the period of the current emergency. Such deadlines and time limits may be further extended. The deadlines to file responses/replies to pending motions are no longer tolled as of May 15, 2020.

All evictions of tenants and foreclosed homeowners on or before May 15, 2020 are stayed.

The new deadline will be determined by the date on which the period of tolling ends, which is May 15 under the March 19 Order.

Oral Arguments will resume during the week of May 26, 2020. All oral arguments will be heard via remote video conference and will be live streamed on YouTube for public viewing.

Appellate Mediations have resumed via telephonic conference or remote videoconferencing.

Courthouse Building CLOSED through June 30, 2020

No Summons may be served

No lock-out

By previous Order, all statutes and rules deadlines to conduct pending judicial proceedings shall be tolled or suspended, effective March 16, 2020, by the number of days that the courts are closed to the public. For the purposes of tolling all statutes and rules deadlines to conduct pending judicial proceedings, ‘tolled or suspended by the number of days that the courts were closed’ means that the days that the offices of the clerks of court were closed to the public (from Mach 16, 2020 through July 20, 2020) do not count against the time remaining to conduct judicial proceedings; and with the offices of the clerks of courts to be reopened to the public on July 20, 2020, the deadlines to conduct proceedings pending on March 16, 2020, are hereby extended by an additional 60 days in order for the courts to reschedule and hold the same.

Creditors should continue to treat deadlines as they normally would under the Bankruptcy code, although certain extensions have been granted.

All filing deadlines for all cases originally set to fall between March 16, 2020, and June 5, 2020, are EXTENDED by eighty-four (84) days, unless otherwise ordered by the presiding judge in an individual case.

Phase I: March 16, 2020 through 5:00PM June 5, 2020 enumerated emergency and urgent matters only, courts otherwise closed to the public.

Phase II: 5:00PM June 5, 2020 through July 19, 2020. Appellate courts fully functional. Circuit Court status conferences and matters that can be handled remotely or without testimony. Exceptions hearings not requiring witness testimony. District Court emergency wrongful detainer actions.

Phase III: July 20, 2020 through August 30, 2020. Civil Motions requiring witness testimony, begin scheduling trials for Phase IV.

Phase IV: August 31, 2020 through October 4, 2020. All District Court civil matters. Non-jury trials and contested hearings in civil matters. Landlord tenant failure to pay rent.

Phase V: October 5, 2020 going forward. All courts fulling operational.

Also, upon the expanded opening of Courts, all person entering any Courthouse must wear a mask and is subject to screening. Refusal can result in ejectment from building.

MA Moratorium

Discretion of the presiding judge for hearings, proceedings and deadlines in civil cases; telephonic, video is encouraged.
Clerk’s Office shall remain open pending further order of the Court.

Courthouses will continue to be closed to the general public and all business will be conducted virtually until at least July 1, 2020, except in-person proceedings will be conducted only where entry to a courthouse is required to address emergency matters that cannot be resolved virtually because it is not practicable or would be inconsistent with the protection of constitutional rights.

All jury trials, scheduled to commence in Massachusetts state courts at any time from March 14, 2020, through September 4, 2020, are continued to a date no earlier than September 8, 2020.

All bench trials, scheduled to commence in Massachusetts state courts at any time from March 14, 2020, through June 30, 2020, are continued to a date no earlier than July 1, 2020, unless they may be conducted virtually by agreement of the parties and of the court.

The following shall be accepted and allowed by the court: (1) motions to continue; (2) motions to vacate a default judgment entered since March 1, 2020; (3) motions to vacate a dismissal for failure to appear entered since March 1, 2020; and (4) motions to stay an execution. Also: (1) a notice of appearance; (2) original summonses and complaints in previously electronically-filed cases; (3) a notice of voluntary dismissal; (4) a satisfaction of judgment; and (5) original executions.

All Land Court trials (and other evidentiary hearings) scheduled to take place between March 13, 2020 and June 1, 2020 are continued to a date no earlier than June 1, 2020; the continuance of the trial will run to a specific later date to be determined by the court in each individual case.

Each non-emergency Land Court case may advance or be processed and handled remotely if, in the assigned Justice’s judgment, it is practicable to do so. The determination to advance a non-emergency matter or case will be made by the court in its discretion. Any party, in a properly-supported motion showing good cause to do so, may request the court to advance a case or matter.

New complaints and other filings in cases pending on the court’s Miscellaneous (“MISC”) docket which have been received by the court will be accepted and docketed as of the date of their receipt.

Executive Order 2020-122

** The computation excludes any day that fell during the State of Emergency, which order was issued on March 10, 2020. Thus, the practical effect of AO 2020-3 was to enable filers to exclude days beginning March 10, 2020.

Executive Order 2020-122
All deadlines applicable to the commencement of all civil and probate actions and proceedings, including but not limited to any deadline for the filing of an initial pleading and any statutory notice provision or other prerequisite related to the deadline for filing of such a pleading, are tolled from March 10, 2020 to June 20, 2020. Executive Order 2020-58 will remain in effect through June 19, 2020. Effective June 20, 2020 at 12:01 a.m., Executive Order 2020-58 is rescinded.

Jury trials postponed

Court may arrange telephone or video conference where appropriate

Each Judge continues to make case specific assessments regarding what can be postponed, or handled by phone, video-conference or in other ways short of in person hearings.

Beginning May 18, 2020, all Court facilities in the District will be open during regular business hours. Even upon return to normal facility access, the Court expects to continue with videoconferencing for appropriate hearings, telework for certain employees and other modified operations designed to maximize service to Court constituencies while minimizing health risk to all participants.

No person shall remove or exclude from leased residential premises or residential premises held under a forfeited executory contract a tenant, a vendee of a forfeited executory contract, or a person holding under a tenant or vendee, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property. This order should be broadly construed to effectuate that purpose.

No person may enter residential property in order to remove or exclude from the premises a tenant, a vendee of a forfeited executory contract, a person holding under a tenant or vendee, or the personal property of a tenant, vendee, or person holding under them, including pursuant to a writ authorizing restoration of a plaintiff to full, peaceful possession of premises under section 5744 of the RJA, MCL 600.5744, except when the tenant, vendee, or person holding under them poses a substantial risk to another person or an imminent and severe risk to property.

NOTE: PER Wayne County Statement 3/16/2020, WAYNE COUNTY has made the decision to withhold all properties from the 2020 foreclosure petition.

Motions may be filed and heard via telephone at the discretion of the court.

SCHEDULING ORDERS – all dates related to scheduling orders issued prior to June 1, 2020 were extended 60 days as a result of prior emergency orders. All scheduling orders issued on or after June 1, 2020 shall remain as scheduled unless otherwise directed by the court.

CASE EVALUATION hearings scheduled to be heard beginning June 1, 2020 shall be conducted by Zoom until further notice of the court

CIVIL TRIALS – jury trials adjourned until August 21, 2020; bench trials adjourned through June 12, 2020, or until further notice from court

EMERGENCIES – reviewed by assigned judge or judge on call

NON-EMERGENCY MATTERS – may be heard by audio or video conferencing at the discretion of each Judge

Scheduling Orders – Parties may submit a stipulated order to change scheduling order tracks as follows: cases currently on Track 1 to Track 2; cases currently on Track 2 to Track 3; cases currently on Track 3 to adjourn deadlines up to 90 days. If any party objects to an adjournment, the party proposing an adjournment may file a motion to adjourn.

All jury trials currently scheduled before September 1, 2020 are adjourned until further notice.

Business Court Status Conferences shall be adjourned until at least May 18, 2020. The Court directs new status conference dates for the case shall be obtained from the assigned business court judge’s clerk within 28 days after May 18, 2020, by the parties conferring with each other, unless otherwise directed by the assigned business court judge.

Remote motion calls for the civil division and business court shall resume May 29, 2020. Motions filed before March 13, 2020 must be re-praeciped. Oral argument may be waived pursuant to MCR 2.119(E)(3), unless otherwise directed by the assigned judge.

All fax filing convenience fees are waived during the State of Emergency, and all documents may either be e-filed, fax filed, or filed via U.S. Mail.

Deadlines, statutes of limitations, and statutes of repose that are not set to expire between April 7, 2020, and May 3, 2020 and/or the last day of a Declared State of Emergency are not extended or tolled by this order.

For all district court civil and criminal hearings scheduled before July 1, 2020, the presiding judge has the discretion to continue and/or reschedule those hearings to occur by teleconference, videoconference, or in-court hearing.

The procedural orders for in-court hearings (ADM-1, 20-6) and videoconference and telephonic hearings (ADM-1, 20-7) are extended to July 1, 2020.

Court filings continue to be permitted through CM/ECF or in paper by using outside depository.

Clerk’s Office will remain staffed by telephone – (603) 225-1477

For every eviction notice issued by the owner of restricted or non-restricted property that is based in whole or in part on nonpayment of rent that became due and payable between March 17, 2020 and June 11, 2020 (date of Emergency Order #51), the minimum 7 day notice period required in RSA 540:3 is hereby extended to 30 days. Every such eviction notice shall provide that the tenant must vacate the premises no less than 30 days from the date of service of the eviction notice. This shall not apply to eviction notices issued before March 17, 2020.

Exceptions to suspension of in-person court proceedings include, but are not limited to: proceedings related to petitions for temporary emergency injunctive relief; requests for emergency relief under RSA 540-A in landlord/tenant matters and hearings on such orders.

The presiding trial judge in each court is authorized to determine the extent and manner in which in-person court proceedings for the exceptions listed above are to be conducted and may determine that such hearings are to be conducted telephonically. The order expressly does not prohibit court proceedings by telephone, video, teleconferencing, email, or other means that do not involve in-person contact. This order does not affect courts’ consideration of matters that can be resolved without in-person proceedings.

The presiding judge’s case manager will cancel all in-person civil matters, and instead, where possible, arrange hearings to be conducted telephonically. Response to any emergency motion filed citing the COVID-19 pandemic as grounds for the relief sought shall be due on or before five (5) days from the service of such motion. Any reply shall be due on or before two (2) days from the service of any response.

Clerk’s Office will remain available by phone – 401-752-7200
For emergency matters, contact the Clerk’s Office.

All hearings to be conducted telephonically, although the court reserves the right to conduct evidentiary hearings in person. Responses to any emergency motion filed citing the COVID-19 pandemic as grounds for the relief sought shall be due on or before five (5) days from the service of such motion. Any reply shall be due on or before two (2) days from the service of any response.

Clerk’s Office available through telephone and email

www.rib.uscourts.gov

The court may reinstitute payment deadlines with notice to parties. Courts shall endeavor to enhance on-line payment options and parties shall be encouraged to make payments remotely. If parties are unable to pay remotely, in-person payments shall be made during regular court hours.

As of May 18, 2020, anyone needing additional time to file papers in the Supreme Court shall file a motion consistent with Article I of the Rules of Appellate Procedure.

All papers in both emergency and routine matters shall continue to be filed with the Supreme Court electronically by email and may include typographical signatures. Papers electronically filed with the Court by email shall be deemed filed on the day of emailing.

Parties shall continue to provide the Court with copies of all papers filed by email in the number required by the Rules of Appellate Procedure. Copies shall be mailed to the Clerk’s Office except that bulky filings (Rule 12A statements, briefs and appendices, and lengthy memoranda may be filed in-person in accordance with procedures established by the Clerk for in-person visits to the Clerk’s Office.

The Clerk shall develop procedures for limited in-person visits to the Clerk’s Office consistent with Executive Order 2020-12. In-person visits to the Clerk’s Office may resume once those procedures are put in place by the Clerk.

Requests for Execution – Requests for Execution which were granted but not issued prior to March 17, 2020 may be issued as of June 2, 2020, provided that the Landlord files the Affidavit in Support of Plaintiff’s Request for Execution (Form DC-89). The Landlord is attesting that since the Motion for Issuance of Execution was granted, the Landlord has not accepted any sums of money from the Defendant-Tenant. If any sums have been accepted, the case must be scheduled for hearing before execution can issue.

Scheduling Hearings – Cases filed prior to March 17, 2020 for nonpayment of rent or termination of tenancy based on public safety violation will be given priority for assignment. No other matters will be assigned for hearing in Court Phase 1. All other eviction matters filed prior to March 17, 2020 will be addressed at a later date.

Stipulations – electronic stipulations will be accepted in lieu of parties appearing in court. Under new protocol the filings must contain (1) new Stipulation of Judgment Form (Form DC-86), and (2) Affidavit of Defendant-Tenant’s Rights (Form DC-85). Electronic submissions that do not contact these specific forms will be rejected.

Until further notice, court costs, late fees, and attorney fees are strictly prohibited from being included in stipulations and will not be awarded by the court.

Court Phase 2 – Cases filed on or after June 2, 2020:

Scheduling Hearings – every residential eviction filed must include either: (1) Residential Eviction Cover Sheet for Non-Payment of Rent (Form DC-88) or (2) Residential Eviction Cover Sheet for Reasons Other than Non-Payment of Rent (Form DC-90).

New Cases – Certification of Compliance with the CARES Act 2020 must be included with the Complaint (Form DC-87). Cases which fall under the CARES Act cannot be filed and won’t be accepted until after July 28, 2020. Assignments for all hearings will be made only by Court order. The Eviction Summons will not provide a date certain. The Summons must be returned to the Court for a matter to be scheduled. Phase 2 cases will be assigned by the court based upon the length of arrearage which must be indicated on the 5 Day Demand Notice.

Stipulations – electronic stipulations will be accepted in lieu of parties appearing in court. Under new protocol the filings must contain (1) new Stipulation of Judgment Form (Form DC-86), and (2) Affidavit of Defendant-Tenant’s Rights (Form DC-85). Electronic submissions that do not contact these specific forms will be rejected.

Until further notice, court costs, late fees, and attorney fees are strictly prohibited from being included in stipulations and will not be awarded by the court.

General Order 2020-12 does not extend filing deadlines beyond extensions granted in 2020-03 and 2020-07.

Phase 1 – Effective June 29, 2020, in person proceedings may be resumed throughout the district. The following may resume: civil and criminal bench trials; other civil and criminal hearings; and misdemeanor, traffic, and petty offense proceedings. The court will conduct video and teleconference hearings to the maximum extent possible and strongly encourages parties to continue to consent to and participate in video and teleconference hearings.

Civil jury trials may resume on August 31, 2020.

While the Clerk’s Office will remain closed throughout Phase 1, documents may be filed with the Clerk electronically, by mail or in the secure drop boxes located in the lobby of the Western District’s courthouses.

Norfolk and Newport News – during the Protocol Period, there will be no chapter 13 confirmation hearings. These hearings will either be cancelled (Category 1) or continued by the Court (Category 2). Newly filed chapter 13 plans and other pleadings should still be set for hearing in the ordinary course.

Richmond – during the Protocol Period, unless a hearing is specifically requested or an objection is timely filed, the Court may cancel any scheduled hearing on certain matters (Reaffirmation Agreements, Motions to Extend the Automatic Stay and Impose the Automatic Stay, Motions to Approve Loan Modification, Pre-Trial Conferences, Motions for Relief from the Automatic Stay), and, instead rule on the pleadings after expiration of any requisite notice period in accordance with Local Bankruptcy Rule 9013-1(L). Any deadline that falls between March 18 and March 23, 2020, is extended through and including March 23, 2020.

** Per Standing Order 20-7, any deadline that falls during the period beginning on March 18, 2020, and ending on March 31, 2020, is extended by 14 days.

** Per Standing Order 20-21, until further notice, all Bankruptcy Court proceedings shall be convened remotely unless the presiding Judge makes an exception in a particular case on the basis that the facts and circumstances of the case necessitate an in-person hearing. **

Includes all orders and notices from the Supreme Court of Virginia, the Court of Appeals of Virginia, and the individual county circuit and district courts.

Beginning May 18, 2020, all courts may hear in-person non-emergency matters if they determine it is safe to do so, and provided they comply with the guidance for transitioning from emergency to routine operations provided by the Office of the Executive Secretary.

Individuals without a face mask will not be permitted to enter the courthouse except for those who cannot safely wear a face mask because of a health-related condition.

All courts are authorized to accept pleadings, orders and other documents that are electronically signed, including those where the electronic signature is accomplished by scanning.

Continuances and excuses for failure to appear shall be liberally granted for any cause resulting from the impact of the ongoing COVID-19 crisis.

All civil and criminal jury trials are suspended and shall be continued until further notice and no jury trials shall occur.