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1 | DISCLAIMER: This site is being updated live. Please note that this is an internal AAJ document and is being updated as quickly as we can. It is not to be forwarded or relied upon without independently checking each jurisdiction’s links. See the links as they get refreshed and updated in real time. Please send any missing information to AAJ State Affairs Staff or AAJStateAffairs@gmail.com | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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4 | State | Link 1 | Link 2 | Link 3 | Link 4 | Link 5 | Link 6 | Link 7 | Link 8 | Link 9 | Link 10 | Link 11 | Link 12 | Link 13 | Link 14 | Link 15 | Link 16 | Link 17 | Link 18 | Link 19 | Link 20 | Link 21 | Link 22 | Link 23 | Link 24 | Link 25 | Link 26 | Link 27 | Link 28 | Link 29 | Link 30 | Link 31 | Link 32 | Link 33 | Link 34 | Court Closure | Civil Jury Trials Date | Court Reopening Date | Communications from Court About Reopening (See Court Reopening Guidance tab as well) | Utilize Electronic Tech? | Statute of Limitation or Deadline Extension | SOL Simple | Discovery | Remote Swearing of Witnesses | Remote Notary | Analysis of remote notary | Unsworn Declarations for Depositions | |||||||||||||||||||||||
5 | Alabama | March 13 Order - Link 1 | 3/17 Order | 3/24 Order | 4/2 Order | 4/23 Order | 4/30 Order | 5/13 Order | 7/7 Order | 8/20 Order | 11/29 Order | In-person hearings CAN commence starting May 15 (need approval from Presiding Circuit Judge) and jury trials suspended until 9/14. But courts can restrict in-person hearings until August 15 | 9/14/2020 | 5/15/2020 | Urged (3/13 Order) | Any deadlines (excluding SOL or statute of repose) set to expire from March 16-April 16 are extended to April 30, can't toll SOL and statute of repose --- see 4/2 Order | No | Unclear but remote testimony of witness allowed through Dec 2020 (see 8/14 order) | Allows remote swearing (3/24 order) | Alabama Code 12-21-83 - Does NOT allow for Depositions | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | Alaska | March 13 Order - Link 1 | March 19 Order -Link 2 | March 23 Order | 4/20 Order | 4/3 Order | 5/11 Order | 6/15 Order | 8/6 Order | 9/2 Order | 9/24 Order | 10/29 Order | 11/13 Order | 11/25 Order | 2/4 Order | 4/6 Order | 6/7 Order | 8/3 Order | 8/31 Order | 9/20 Order | 10/28 Order | Only Palmer County's trials are suspended | 1/10/2022 | 6/1/2020 | Regarding COVID-19 Visitor Health Precautions | Not addressed | Filing deadline in all cases are extended to 5/1/2020 in pending suspended cases (not clear if this includes SOL) (3/23), Courts are now accepting filings via email and fax (4/20 Order) | Unclear | Judges encouraged to use technology to continue court matters | Encourage use of technology to continue court proceedings, HB 124 allows remote oath | Alaska HB 124 goes into effect 1/1/2021 | Alaska Statute 09.63.020 - Does NOT cover depositions | ||||||||||||||||||||||||||||||||||||||
7 | Arizona | March 16 Order - Link 1 | March 18 Order - Link 2 | April 6 Order | May 8 Order | May 20 Order | July 15 Order | August 26 Order | Order Allow Resummoning Jurors (11/4) | 12/3 Order | April 15 Order | May 21 Order | Trials of cases to a jury may resume when Arizona enters Phase I. When considering when and how to restart jury trials, courts should consult the guidance provided in the Arizona Jury Management Subgroup Best Practice Recommendations During the COVID-19 Public Health Emergency. To the 8 extent the Jury Management Subgroup’s report is inconsistent with any Administrative Order, the most recent version of the Administrative Order controls.......For cases where the right to a jury trial has not been waived, but where the availability of courthouse facilities, judicial officers or court employees require prioritization and recognizing that constitutional and statutory priorities govern for specific issues raised in a specific case, trials shall be scheduled in the following order of priority: (a) Criminal felony and misdemeanor cases, where the defendant is in custody; (b) Sexually violent person cases; (c) Criminal felony cases, where the defendant is not in custody; (d) Criminal misdemeanor cases, where the defendant is not in custody; and (e) Civil and any other jury trial cases. | Allowed (AZ in Phase I) | Open (AZ in Phase I) | Task Force Recommendations | Allowed (3/18 Order) | The period of March 18, 2020 through September 30, 2020 is excluded from calculation of time under rule provisions and statutory procedures that require court proceedings to be held within a specific period of time, including Rule 8, Rules of Criminal Procedure; Rules 17, 25, 79 and 100, Rules of Procedure for the Juvenile Court; Rules 2, 3, 11(c) and 15, Rules of Procedure for Eviction Actions; and Rule 38.1(d)(2), Rules of Civil Procedure. After September 30, 2020 and notwithstanding Rules 8.1(e) and 8.4(a)(4), the presiding superior court judge may exclude additional time from individual cases or groups of cases due to trial calendar congestion or, at the request of the trial judge, due to extraordinary circumstances caused by COVID-19 public health emergency. | Yes | Unclear | Liberally granting accomodations for witnesses (3/18/18) | Arizona SB 1030 (signed into law 4/10/19; effective 7/1/19) | Authorizes remote online notarization (see also this AZ Code Section) | Arizona Rules of Civil Procedure Rule 80 - Does Not Cover Depositions | ||||||||||||||||||||||||||||||||||||||||||||||
8 | Arkansas | March 17 Order - Link 1 | 3/20 Order | 4/3 Order | May 8 Order | 6/11 Order | 11/20 Order | 1/5 Order | 2/12 Order | 3/18 Order | 4/8 Order | Therefore, we announce an end to the suspension of jury trials effective May 1, 2021. | 5/1/2021 | 6/30/2020 | Memo Regarding Circuit Court Continuity of Operations | Allowed and Encouraged (3/17 Order) | Doesn't seem to be extended any longer | No | See order here -- nothing should stop technology use if proper notice given | Judges encouraged to use technology to continue court matters | EO 20-12 (effective until state of emergency is declared over) | Suspends requirements related to in-person signature and witnesses requirements | ||||||||||||||||||||||||||||||||||||||||||||||||
9 | California | Court News Page - Link 1 | March 23 Order - Link 2 | CAOC County List | March 27 Order | CA Court Emergency Rules 4/6 | May 29 Judicial Rule (SOL's) | *FROM LAW 360* In the state court system, all Los Angeles County Superior Court judges are required to wear face masks in public areas inside courthouses. Criminal jury trials have restarted, but civil jury trials are postponed until January. Civil nonjury trials may not start before Nov. 16. The court reopened to the public on June 15, but the clerk's office and self-help centers in every courthouse are accessible by appointment only. | 11/16/2020 (some trials have taken place) This is most dictated on lower court level | 6/15/2020 | Pandemic Continuity of Operations Guide | May (4/6) | The new rule will restart statutes of limitations on set dates, and will: Suspend from April 6 to October 1 the statutes of limitations and repose for civil causes of action that exceed 180 days Suspend from April 6 to August 3 the statutes of limitations and repose for civil causes of action that are 180 days or less. Causes of action with short-term statutes of limitation and repose have the more immediate deadline of August 3 because those deadlines are designed to ensure that any challenges in those matters are raised more quickly. This end date will also ensure courts can process civil actions, while providing certainty and reasonable notice to litigants of the end of the suspension period. | Yes | A court may hold any proceeding under this rule via remote technology consistent with rule 5.531 and emergency rule 3. | Notwithstanding any other law, including Code of Civil Procedure section 2025.310(a) and (b), and rule 3.1010(c) and (d), a party or nonparty deponent, at their election or the election of the deposing party, is not required to be present with the deposition officer at the time of the deposition + Court can hold proceedings remotely (see April 6 Emergency Rules) | California Code of Civil Procedure 2015.5 (1981) -- does not cover depots | |||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | Colorado | March 16 Order - Link 1 | Intermediate Court March 16 Order - Link 2 | Order Extending Prohibition on Jury Calls 3/20 | April 16 Order | May 5 Order | 6/15 Order | 7/24 Order | From CO Court Website (updated 11/30) As the COVID-19 (Coronavirus) outbreak in Colorado develops, the Judicial Department is continually working to balance legitimate public health considerations with the necessity to maintain fair and effective administration of justice for citizens and communities in our state. Each jurisdiction is posting materials on this website with important information for jurors, litigants, and probationers about protocols for appearing in court. This information is in response to the COVID-19 (Coronavirus) outbreak, and outlines the decisions and procedures created by each court to operate during the outbreak. Information is available for county and district courts via the court’s individual webpage. This public health event is rapidly changing. We will update instructions about each court as they become available. Please see the website for the Colorado Department of Public Health and Environment or the Centers for Disease Control for general information on the COVID-19 outbreak in Colorado. Please click on the links below to access the information for the court in your particular jurisdiction. In some cases, you may need to contact the court directly for more information. | 8/3/2020 (author. required) | 8/3/2020 | Not addressed | Unclear | Unclear | Unclear | States courts should make every effort to eliminate in person contact, but also specifies only certain proceedings should be heard during this time | SB 20-096 | Allows remote online notarization | CRS 13-27-101 through 108 (2018) - does not cover depos | |||||||||||||||||||||||||||||||||||||||||||||||||||
11 | Connecticut | Court News Page - Link 1 | Court Site - Link 2 | Briefing Deadline - Link 3 | Reduced Courthouse Days (4/3) | June 10 Order | July 20 Order | 10/13 Notice | Accordingly, by direction of the Chief Justice, the Judicial Branch will resume summoning jurors to courthouses throughout the state to restart the jury trial process as of June 1, 2021. As we have done since the beginning of the pandemic, we are undertaking this jury resumption initiative in continuing consultation with Connecticut public health officials and in compliance with directives from the Governor. | 6/1/21 | Some courthouses have reopened | See guide for attorneys on remote hearings | Statute of limitations suspended for duration of public helath and civil preparadness emergency but see June 10 order | Yes | Unclear | Remote Proceedings Doc | CT Executive Order extending remote notary through rest of public emergency | Temporarily authorizing remote notarization | ||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | Delaware | March 16 Order -Link 1 | March 18 Announcement - Link 2 | March 22 Order - Link 3 | 4/14 Order | 5/14 Order | 5/29 Phased Reopening | 7/6 Order | 8/5 Order | 9/4 Memo | 10/2 Order | 11/2 Order | 11/16 Press Release | 12/2 Order | 12/14 Order | 12/30 Order | 1/28 Order | 3/3 Order | 3/12 Order | 3/31 Order | 4/30 Order | 5/26 Order | 6/29 Order | 7/15 Order | 12/9 (Mask guidance) | In accordance with the Chief Justice’s June 29, 2021 Order that the Courts return to normal court rules and procedures including amended speedy trial guidelines that had been placed on hold during the pandemic, all criminal locations shall immediately resume the scheduling of inperson proceedings but shall continue to adhere to the minimal social distancing measures that still remain in place. These measures include a limit on lobby capacity as set forth in Exhibit 2 to this Order which will necessarily limit court calendars. The standards set forth in the Policy on Speedy Trial Guidelines attached hereto as Exhibit 1 shall be effective immediately. Criminal locations are encouraged to continue to employ alternatives to in-person appearances, such as virtual appearances, for the sake of convenience, efficiency, to assist in clearing the backlog of cases, and to meet the mandates set forth within the Speedy Trial Guidelines. 2) All civil locations shall resume the scheduling of in-person proceedings for non-landlord/tenant cases effective immediately but shall continue to adhere to the minimal social distancing measures that still remain in place. These measures include a limit on lobby capacity as set forth in Exhibit 2 to this Order which will necessarily limit court calendars. Civil locations are encouraged to continue to employ alternatives to in-person appearances, such as virtual appearances, for the sake of convenience, efficiency and to assist in clearing the backlog of cases. | 7/13/2021 | 6/15/2020 (Phase 2) | Civil court reopening document | Shall use (3/22 Order) | Statutes of limitations and statutes of repose that would otherwise expire during the period between March 23, 2020 and June 13, 2020 are extended through July 1, 2020. Deadlines, statutes of limitations, and statutes of repose that are not set to expire between March 23, 2020 and June 13, 2020 are not extended or tolled by this order. | Yes | Unclear | Swearing requirement suspended for period of judicial emergency (April 15) | Supreme Court Order allowing remote notary through Aug 6, 2020 | 10 DE Code 3927 | ||||||||||||||||||||||||||||||||||
13 | District of Columbia | Court News Page - Link 1 | March 19 Order - Link 2 | 3/30 Addendum | 5/14 Order | 11/5 Order (DC Superior Court) | 1/13 Order | 3/30 Order | 5/19 Order | 6/25 Order | 7/14 Order | 9/11 Order | 11/21 Order | 12/23 Order (Court of Appeals) | 12/30 (Superior Court) | CIVIL DIVISION Jury trials scheduled through February 11, 2022 will be continued to the earliest possible date after February 11, 2022. | May 2021 | 5/15/2020 | Not addressed | Unless otherwise ordered by the court, all deadlines and time limits in statutes (including statute of limitations), court rules, and standing and other orders issued by the court that would otherwise expire during the period of emergency are suspended, tolled and extended during the period of emergency, except in any Civil 1 or 2 case subject to Rule 12‐I of the Superior Court Rules of Civil Procedure, any suspension, tolling, or extension of the time to file any response or reply concerning a motion ends on May 15, 2020 with respect to all counsel who registered for E‐filing before March 18, 2020. | Yes | Unclear | Unclear | SCR Civil 9-I (2011) - does not cover depos | ||||||||||||||||||||||||||||||||||||||||||||||
14 | Florida | Court News Page - Link 1 | March 13 Order - Link 2 | March 18 Order - Link 3 | March 24 Order | 4/6 Order | 5/4 Order | 6/16 Order | 7/2 Order | 8/12 Order | 10/2 Order | 10/15 Phases of Reopening | 11/23 Order | 11/23 Second Order | 12/21 Order | 2/17 Order | 3/9 Order | 3/26 Order | 4/13 Order | 7/29 Order | 11/4 Order | 1/8 Order | Remote Civil and Criminal Jury Trials. (1) Notwithstanding any other provision in this administrative order, a judicial circuit may remotely conduct: a. Civil jury trials if all parties consent to participating in the remote trial. | Remote civil jury trials permitted -- in person permitted if in phase 2 | 30 days after phase 2 | Guide from Florida Courts | Allow and encouraged (3/24) | Unclear | Unclear | Unclear | Yes (Order on 3/18/2020) | Florida HB 409 (signed into law 6/7/19; effective 1/1/2020) | Authorize remote online notarization | Florida Statute 92.525 | ||||||||||||||||||||||||||||||||||||
15 | Georgia | March 14 Order - Link 1 | Filing Deadlines - Link 2 | 4/6 Order | 5/4 Order | 5/11 Order | 6/12 Order | 7/10 Order | 8/11 Order | 9/10 Order | 10/10 Order | 11/9 Order | 12/9 Order | 12/23 Amended Order | 1/8 Order | 2/7 Order | 3/9 Order | 4/8 Order | 5/8 Order | 6/7 Order | However, as discussed in the Notice of Expected Termination of Statewide Judicial Emergency on June 30, 2021 issued separately today by the Chief Justice, it is anticipated that the Public Health State of Emergency declared by the Governor may expire at 11:59 p.m. on Wednesday, June 30, 2021. Accordingly, the Order Declaring Statewide Judicial Emergency, which would have expired on Monday, June 7, 2021, at 11:59 p.m., is further extended but only until Wednesday, June 30, at 11:59 p.m. If the Public Health State of Emergency expires before June 30, the Order Declaring Statewide Judicial Emergency will expire at the same time by operation of law. Until this Order expires, all Georgia courts shall continue to operate under the requirements set forth in the Order as extended, as discussed below. However, courts and litigants should prepare for the expiration of the statewide judicial emergency. | 3/9/2021 | In-person proceedings allowed under guidance | The Chief Justice will create a special task force to assist courts in conducting remote proceedings and to develop plans for the safe resumption of more extensive in-court proceedings, including jury trials and grand jury proceedings. The task force will include judges representing every class of court, who will obtain input from prosecutors and public defenders, civil trial attorneys, court clerks, and sheriffs. | All courts should continue to use and increase the use of technology to conduct remote judicial proceedings as a safer alternative to in-person proceedings, unless required by law to be in person or unless it is not practicable for technical or other reasons for persons participating in the proceeding to participate remotely. | Consistent with Section I above, deadlines for jury trial proceedings (including statutory speedy trial demands), deadlines for grand jury proceedings, and deadlines calculated by reference to the date of a civil or criminal jury trial or grand jury proceeding shall remain suspended and tolled. This provision does not apply to deadlines calculated by reference to the date of nonjury (bench) trials. (2) All other deadlines imposed on litigants shall be reimposed effective as of July 14, 2020, as further explained below. | Unclear | Grants relief from filing deadlines for discovery | Remote notarization permitted (4/9 Order) | See remote notarization permitted in column to the left | In place until public emergency is declared over | |||||||||||||||||||||||||||||||||||||||
16 | Hawaii | Court News Page - Link 1 | March 16 Order - Link 1 | 3/19 Order | 4/1 Press Release | 4/17 Order | 5/28 Order | 6/23 Order | 7/28 Order | 9/28 Order | 10/14 Order | 11/25 Order | 12/23 Order | 2/12 Order | 4/12 Order | 5/14 Order | 6/7 Order | 6/15 Order | 8/6 Order | 8/16 Order | 10/15 Order | 11/12 Order | 11/29 Order | 12/23 Order | All jury trials shall be postponed to dates on or after February 28, 2022, unless otherwise ordered by the chief judge of the respective circuit. This order does not affect any order regarding non-jury trials. | IT IS HEREBY ORDERED that the September 29, 2021 First Extension of Order Postponing Jury Trials is modified to provide that jury trials may resume on Monday, November 15, 2021. The September 29, 2021 Order remains in effect in all other respects. | 7/31/2020 | Order Regarding Entering Judiciary Facilities | May (circuit discretion) 3/16 Order | Unclear | Unclear | See Executive Order (Section O) | ||||||||||||||||||||||||||||||||||||||
17 | Idaho | March 13 Order - Link 1 | Idaho March 23 Amended Order | March 26 Order | April 14 Order | April 21 Order | April 22 Order | July 24 Order | 9/11 Order | 10/8 Order | 11/9 Order | 11/23 Order | 12/14 Order | 2/3 Order | 5/20 Order | 8/30 Order | 9/10 Order | 9/22 Order | 10/6 Order | 11/23 Order | 11/29 Order | 1/12 Order | 1/18 Order | No jury trial, whether civil or criminal, shall commence between September 27 ,2021, and December 6, 2021 | 3/1/21 | Open (with restrictions) | Shall (emergency) (3/26 Order) | ln the evenr a deadline has been set by court order or mle and the last day for filing any document. holding any hearing, or doing any other thing or matter in any court fails on or betwcen March 26, 2020 and April 30, 2020 when couris a€ reducing operarions, the time for filing or doing arry other thing in any court shall be extended until May 1,2020. I'his inclutles the filing of responsive pleadings, norices of appeal. and petitions for post-c<rnviction relief. In the evenl a hearing has been scheduled to occur duriag the effective date of this order, the date lor the hearing shall be reset by the presiding judge to occur after April 30, 2020 | Unclear | See deadline column | Allow remote oaths (see here) and allowing remote appearances | Idaho SB 1111 (signed into law 3/21/19; effective 1/1/2020) | Authorizes remote notarization using communications technology | Idaho Statute 9-1406 (2013) - does not cover depos | ||||||||||||||||||||||||||||||||||||
18 | Illinois | March 17 Order - Link 1 | March 18 Paper Copies Order - Link 2 | 4/3 Order | 4/7 Order | 5/20 Order | Order Allowing Remote Jury Instruction (10/27) | 5/27 Order | *FROM LAW 360* In the state court system, face masks must be worn to enter any courthouse. Court operations vary by district, and information on specific circuits can be found here. On Sept. 1, the Illinois Supreme Court issued a temporary order limiting in-person appearances through changes to fee waiver applications and summonses. Details can be found here. | Lower court level | Lower Court Level | SUPREME COURT GUIDELINES FOR RESUMING ILLINOIS JUDICIAL BRANCH OPERATIONS DURING THE COVID-19 PANDEMIC | Shall (emergency) should (non emergency) (3/17 Order) | Says courts can modify deadlines (unclear if that includes SOL), For anything filed March 16 - March 31, court is giving 14 days to provide 13 copies of certain e-filing docs (3/18/2020), see 3/24 order about Sup. Ct and Ct of App | Unclear | See this order regarding remote discovery | If feasible, court hearings should be done remotely, see order about removing in person requirement for remote oath | 735 ILCS 5/1-109 (2019) | ||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Indiana | March 16 Order - Link 1 | 3/25 Order | 3/31 Order | 4/22 Order -- Live stream court hearings | 4/24 Order | 5/13 Order | 5/29 Order | 11/10 Order | Task Force Guidance (11/16) | 12/14 Order | Memo on 8/11 | 2/5 Order (2022) | But conditions statewide are improving, and while we must remain vigilant and safe, we write to tell you to begin planning for the statewide order suspending jury trials to expire on March 1. It will not be extended | 3/1/2021 | Lower Court Level | Resuming Operations of Trial Courts | Remote proceedings now allowed through end of 2020 | The Court authorizes the tolling, through August 14, 2020, of all laws, rules, and procedures setting time limits for speedy trials in criminal and juvenile proceedings; public health and mental health matters; all judgments, support, and other orders; and in all other civil and criminal matters before Indiana trial courts. Further, no interest shall be due or charged during this tolled period | Unclear | Encourages individual courts to suspend deadlines if need be | Allows remote administration of oath (3/31 order) + live streaming of hearings (4/22 order) -- these are all now allowed through end of 2020 | Indiana SB 372 (signed into law 3/13/18; effective 7/1/19) | Authorizes remote notarial acts through audio visual communication | ||||||||||||||||||||||||||||||||||||||||||||||
20 | Iowa | March 17 Order - Link 1 | 3/27 Order | 3/31 Order | 4/6 Order | 5/22 Order | 7/9 Order | 7/22 Order | 11/10 Order | 11/24 Order | 11/30 Order | 5/14 Order | 6/21 Order | 8/27 Order | 12/8 Order | Protocols put in place during pandemic will continue until Jan. 2022 | 2/1/2021 | 9/14/2020 | Shall unless respondent requests in person (3/27 Order) | Any statute of limitations, statute of repose, or similar deadline for commencing an action in district court is hereby tolled from March 17, 2020 to June 1, 2020 (76 days). Tolling means that amount of time to the statute of limitations or similar deadline. The 76 days of tolling will apply if the deadline for commencing the action would otherwise expire any time from March 17, 2020 to December 31, 2020. In other words, if the statute would otherwise run on July 7, 2020, it now runs on September 21, 2020 (76 days later). However, after December 31, 2020, any tolling will be phased out and eliminated. Thus, if the deadline for commencing the action would otherwise expire on any date from December 31, 2020 to March 16, 2021 (the 76th day of 2021), inclusive, that deadline would become March 17, 2021, and thereafter there would be no tolling at all. | Yes | Says deadlines similar to SOL are postponed until May 4, but unclear if that includes discovery | Nonemergency inperson hearings, including evidentiary hearings such as hearings on motions to suppress, shall resume according to the same schedule set forth for nonjury trials in paragraph 6. | Iowa SF 475 (signed into law 4/29/19; effective 7/1/20) | Authorizes remote notarization (for county real property filings), opened early *Temporarily authorized under Emergency Proclamation (03/22/20) | |||||||||||||||||||||||||||||||||||||||||||||
21 | Kansas | March 18 Order - Link 1 | Kansas SOL Extension Statute | 4/3 Order | 5/1 --Courts with stay at home order | 5/1 -- courts without stay at home order | 6/16 Order | 8/4 Order | 9/4 Order | 9/15 Order | 11/13 order | 12/1 Order | 12/15 Order | 1/8 Order | 1/26 Order | 3/16 Order | Kansas resintating many deadlines starting Aug 2 | For any court not operating under 2020-PR-049, a hearing (including a jury trial) can be conducted with no more than the number of people who can be accommodated with six-foot of physical distance between people or engineering adjustments approved by a local health officer in the courtroom or any other facility used by the court for a proceeding. All surfaces must be cleaned between hearings. All hearings must also comply with applicable recommendations for mass gatherings in Ad Astra: A plan to Reopen Kansas, unless the departmental justice authorizes a waiver of these provisions. If a public health order or guidance restricts the number of people who may be gathered, the court must abide by that restriction. 6. Courts not operating under 2020-PR-049 may resume holding jury proceedings, regardless of whether there is a constitutional speedy trial issue, after the chief judge has complied with the following: Consulted with the head of the local public health department or his or her designee to determine how to resume jury proceedings given local risk and the facilities available; and Developed written plans approved by the Office of Judicial Administration for implementing the Supreme Court mandates regarding resuming jury proceedings that will be posted on the Kansas judicial branch website along with best practice guidance. | Certain courts can resume jury trials. See Order | State Wide - No Date | 05/27 Orders for gradual reopening | Must avail remote (3/18 Order) and have to use for non emergency, can use for emergency (4/3 order) | See order here ending extension for most deadlines on April 15, 2021 | Yes | Courts must continue to expand the use of remote hearings as much as possible to reduce any backlog and to dispose of new cases efficiently and safely. Courts must follow any virtual hearing mandates and should consider best practice guidance, if any, when issued and posted on the Kansas judicial branch website and any updates that follow. When mandates or guidance and related updates are issued, it will be announced on the Kansas judicial branch website and communicated to chief judges. | Allows remote notarization and use of technology | See order linked in column on the left | Kansas Statute 53-601 (1989) | ||||||||||||||||||||||||||||||||||||||||||
22 | Kentucky | March 13 Order - Link 1 | March 26 Order | 4/1 Order | 4/14 Order | 4/24 Order | 5/15 Order | 5/29 Order | 7/27 Order | 11/20 Order | 1/6 Order | 2/25 Order | 5/18 Order | 8/9 Order (two different ones) | 8/9 Order (two different ones) | Petit Jurors and Jury Trials. Jury trials may resume after May 1, 2021. Jury trials shall only resume if the trial judge determines in his or her discretion, after having considered local public health conditions and the health and safety requirements established by the Supreme Court, that it is advisable. | 5/1/2021 | 5/31/2020 | Guidelines for Expanding Operations | Courts shall resume hearing civil and criminal matters using available telephonic and video technology to conduct all proceedings remotely. Remote proceedings shall be scheduled through the judge’s office. | The 60-day period in RCr 5.22(3) is tolled from March 16, 2020, until the expiration of this Order. Any extension of the 60-day period granted by a circuit court under the authority of Administrative Order 2020-22 or any prior Administrative Order2 is also tolled until the expiration of this Order. Any case where the 60-day period or an extension thereof was tolled by operation of this Order shall be presented to the grand jury within 60 days from the expiration of this Order. After the expiration of this order, courts are encouraged to give priority in setting hearing and trial dates to cases where the defendant is in custody and proceedings have been tolled by the Supreme Court’s response to the COVID-19 emergency. | No | Unclear | Judges encouraged to use technology for necessary hearings, To the extent possible and consistent with social distancing practices, attorneys should continue to prepare and litigate cases during the effective dates of this Order, including providing discovery, negotiating possible resolutions, filing motions, and conducting investigations, for the purpose of minimizing delay in bringing cases to trial or resolution upon the expiration of this order. | Kentucky SB 114 (signed into law 3/25/19; effective 1/1/2020) | Authorizes online appearance before an online notary after SOS sets up regulations | ||||||||||||||||||||||||||||||||||||||||||||
23 | Louisiana | March 20 Order - Link 1 | Executive Order - Link 2 | March 23 Order | 4/6 Order | 4/22 Order | 4/29 Order | 5/15 Order | 6/5 Order | 1/11 Order | 2/11 Order | No civil or criminal jury trial shall commence in any Louisiana state court before April 1, 2021. Civil and criminal jury trials that are in progress as of the date of this Order may continue to conclusion, in the discretion of the local court. | Postponed until 4/1/21 | Open | Should (3/23 Order) | All filings which were or are due to this Court between Thursday, March 12, 2020 through Monday, June 15, 2020 shall be considered timely if filed no later than Tuesday, June 16, 2020. Parties who are unable to meet this deadline due to the COVID-19 emergency may submit motions for extensions of time, supported by appropriate documentation and argument. | Unclear | Remote Proceedings: The consent for remote proceedings in civil matters required in Section 6 of this Court’s April 6, 2020 Order shall not be unreasonably withheld by any party, which shall be enforced by the trial judge pursuant to the authority granted by Louisiana Code of Civil Procedure Article 191, or as expressly provided by law. | Remote notary law in effect | See law linked on the left | ||||||||||||||||||||||||||||||||||||||||||||||||||
24 | Maine | March 18 Order - Link 1 | March 17 Deadline Order - Link 2 | March 25 Order | March 30 Order | 4/22 Order | May 5 Order | 5/28 Order | 6/17 Order | 7/29 Order | 9/4 Order | 10/8 Order | 11/3 Order | 6/1 Order | 7/13 Announcement | Face Mask order | 10/1 Order | The Maine Judicial Branch announced today that the chiefs of Maine's trial courts have issued a Post Pandemic Management Order-TC-1 (PPMO-TC-1) rescinding Pandemic Management Order-TC-1, originally issued March 30, 2020 and revised most recently on February 17, 2021. The earlier PMO-TC-1 provided for certain changes in court procedures in response to the public health emergency posed by the COVID-19 pandemic. PPMO-TC-1 issued today states that after closely following the Maine and U.S. Centers for Disease Control, the trial court chiefs have determined that the earlier emergency PMO-TC-1 is no longer necessary to address public health concerns and is therefore rescinded. Maine trial courts comprise 29 District Courts and 17 Superior Courts throughout the state. | 11/9/2020 | Open | Judicial Management Plan | See 9/4 Order | Extends unexpired deadlines 49 days BUT this does not apply to SOL's (3/17/2020) | No | See 9/4 Order | Remote swearing permitted | Order is very specific related to remote notary and remote deposition, please see specific order | |||||||||||||||||||||||||||||||||||||||||||
25 | Maryland | Court News Page - Link 1 | March 20 Order - Link 2 | March 25 Order - Link 3 | April 3 Order | April 14 Order | 6/3 Order | 10/2 Order | 11/12 Order | 11/24 Order | 12/22 Order | 2/2 Order | 2/16 Order | 5/25 Order | Sept. oral arguments will be virtual | 8/20 Order | 9/15 Order | 10/22 Order | 12/27 Order | 1/14 Order | Due to the emergence of the highly contagious Omicron variant, the Judicial branch reverted, on an interim basis from December 29, 2021, through February 8, 2020, and is hereby extended through March 6, 2022, pending further order, to Phase III emergency operations as described in the Exhibit appended to this Administrative Order, except as follows: | 4/26/2021 | **Back to phase 3 | 6/03 Progressive Resumption of Judiciary Operations | Authorized (4/3) | See order here | Yes | Unclear but encouraging remote proceedings to continue + judges to be avail via email | Court of appeals explicitly allowing remote hearings and authorizes other judges to do so as well | Maryland SB 678 (signed into law 5/13/19; effective 10/1/2020) | Authorizes remote notarization using communications technology, also see this Executive Order | |||||||||||||||||||||||||||||||||||||||
26 | Massachusetts | Court News Page - Link 1 | March 17 Order - Link 2 | March 20 Order Remote Swearing - Link 3 | 4/1 Order | 4/6 Order | 4/27 Order | 5/26 Order | 6/24 Order | 7/7 Order | 7/29 Order | 10/1 Order (Superior Court) | 11/20 Release | 1/8 Order | April 15, 2021 | 7/1 Order | 12/31 Order | 1/24 Order | In response to the current situation in the Commonwealth with respect to COVID-19, the Supreme Judicial Court partially amended an existing order on January 24, 2022, to extend the pause on all jury trials in Massachusetts state courthouses until February 14, 2022. All courts otherwise will remain open for in-person business, with a continued emphasis on conducting matters remotely whenever possible. | 1/11/2021 | 6/13/2020 (Open) | Can unless emer that must be solved in person (3/17 Order) | All civil statutes of limitations were tolled by Prior SJC Orders from March 17, 2020, through June 30, 2020, and will not be tolled any further unless there is a new surge in COVID-19 cases in the Commonwealth and the SJC determines that a new or extended period of tolling is needed. All criminal statutes of limitation are tolled from March 17, 2020, through September 30, 2020, because of the limited availability of grand juries. The new date for the expiration of a statute of limitation is calculated as follows: determine how many days remained as of March 17, 2020, until the statute of limitation would have expired, and that same number of days will remain as of July 1, 2020 in civil cases and as of September 30, 2020 in criminal cases. For example, if fourteen (14) days remained as of March 17 before the statute of limitation would have expired in a civil case, then fourteen (14) days will continue to remain as of July 1, before the statute of limitation expires (i.e., July 15), and if fourteen (14) days remained as of March 17 before the statute of limitation would have expired in a criminal case, then fourteen (14) days will continue to remain as of September 30, before the statute of limitation expires (i.e., October 14). | Yes | Unclear | Yes (Order on 3/20/2020) | Supreme Court Order (Order on 3/20/2020) | Mass. Superior Court Rule 15 - does not cover depos | ||||||||||||||||||||||||||||||||||||||||||
27 | Michigan | March 15 Order - Link 1 | March 18 Order - Link 2 | 3/23 Order | 3/26 Order | 3/27 Order | 4/10 Order | 4/23 Order | 4/7 Memo from Judge re remote hearing | 6/26 Order | Trials allowed but many courts postponing until further notice/2021 because of a rise in cases. The Michigan Supreme Court has urged courts to not conduct jury trials unless there is a seven-day average of fewer than 70 COVID-19 cases per million per day in the county, or if there have been fewer than 20 new cases per day over the last seven days. | Phase 3/court approval **many postponing | No statewide date -- see local orders | Return to Full Capacity Guide | Courts shall continue to expand the use of remote participation technology (video or telephone) as much as possible to reduce any backlog and to dispose of new cases efficiently and safely | Filing deadlines commence again on June 8, 2020 | No | See this order re: remote jury trials | See executive order | Michigan H 5811 (signed into law 6/28/18; effective 3/30/19) | Requires the Secretary of State to review, and authorizes the Secretary to approve, remote electronic notarization platforms. Please also see MI Executive Order | Michigan Section 600.2184 (does not apply to depositions) | ||||||||||||||||||||||||||||||||||||||||||||||||
28 | Minnesota | March 20 Order - Link 1 | 3/26 Order | 4/9 Order | 5/1 Order | 5/15 Order | 5/28 Orderr | 11/20 Order | 1/21 Order | 3/22 Order | 5/25 Order | 7/30 Order | See 5/25 Order | 6/14/2021 | Open | Return to Full Capacity Guide | Shall unless must be held in court room(3/20 Order) | MN HF 4556 -- (a) The running of deadlines imposed by statutes governing proceedings in the district and appellate courts, including any statutes of limitations or other time periods prescribed by statute, is suspended during the peacetime emergency declared on March 13, 2020, in governor's Executive Order 20-01 and any extensions authorized under Minnesota Statutes, section 12.31, subdivision 2, and for 60 days after the end of the peacetime emergency declaration. Nothing in this paragraph prevents a court from holding a hearing, requiring an appearance, or issuing an order during the peacetime emergency if the judge determines that individual circumstances relevant to public safety, personal safety, or other emergency matters require action in a specific case. (b) This section expires 60 days after the end of the peacetime emergency declaration described in paragraph (a) or February 15, 2021, whichever is earlier. EFFECTIVE DATE. This section is effective the day following final enactment and applies to all deadlines that had not expired as of March 13, 2020, or were triggered on or after that date. | Yes | Still accepting filings but doesn't specifically say anything about discovery | Minnesota Statute 358.645 allows e-notary to remote swear witnesses. | Minnesota SF 893 (signed into law 5/20/18; effective 1/1/19) | Authorizes notaries to perform remote online notarial acts. | Minnesota Statute 358.116 | ||||||||||||||||||||||||||||||||||||||||||||||
29 | Mississippi | March 13 Order - Link 1 | March 17 Order - Link 2 | March 20 Order on Remote Swearing of Witness - Link 3 | May 7 Order | May 14 Order | 7/23 Order | 8/5 Order | 8/5 2021 Order | 9/2 Order | 10/13 Order | 12/30 Order | 1/11 Order | 1/27/22 Order | Individual judges have the discretion to postpone jury trials scheduled through Friday. February 25, 2022. | 6/15/2020 | Open | Urged to use (3/20 Order) | Unclear | Unclear | Unclear | Remote swearing of witnesses allowed (3/20) | ||||||||||||||||||||||||||||||||||||||||||||||||
30 | Missouri | Court News Page - Link 1 | March 22 Order - Link 2 | 4/1 Order | EO Remote Notary | 4/17 Order | 6/5 Order | 7/24 Order | 8/2 Letter | In addition to meeting the Gateway Criteria set forth in this Court’s May 4, 2020, Operational Directives, in order to conduct grand or petit jury proceedings under any phase, the presiding judge must determine whether the circuit has the proper facilities (or alternative facilities) and equipment in place to conduct jury proceedings in compliance with social distancing protocols, local occupancy rate limitations, and other recommended health and safety strategies. 3. A court must complete at least fourteen days in an operating phase before it can proceed to the next operating phase. Therefore, the earliest a court could enter Phase Three would be June 13, 2020. 4. Absent exigent circumstances, jury proceedings are not anticipated prior to a court’s implementation of Phase Three as set forth in the current Operational Directives. | Unclear -- must complete certain phases | Likely open but limited | June 5 Order | Encourages (4/1 Order) | Individual judges can waive deadlines EXCEPT deadline set by statute or constitutional provision | Unclear | Unclear (but says deadlines not set by statute or constit. provision can be extended) | Remote notarization permitted (4/6 EO) | ||||||||||||||||||||||||||||||||||||||||||||||||||||
31 | Montana | March 13 Order - Link 1 | March 17 Order - Link 2 | 3/27 Order | 4/22 Order | 4/27 Memo | 5/22 Memo | 12/21 Order | 5/17 Order | Jury trials permitted -- must maintain social distance and safety precautions | 5/4/2020 | 5/4/2020 | 04/22 Order | Can (non-emergency), must (emergency) (3/27 Order) | Unclear | Unclear | Continue using remote-hearing or telephonic hearings for cases, which will allow you to limit the number of people in a courthouse and in a courtroom. Attorneys or litigants who are considered to be at high-risk if exposed to COVID19 should be allowed to appear remotely if requesting to do so. | Encourages things to be done remotely as possible but requires for emergency hearings | Montana HB 370 (signed into law on 4/3/19; effective 10/1/19) | Authorizes remote notarization (expands previous remote notarization law) | Montana Code 1-6-105 (2011) - does not apply to depos | |||||||||||||||||||||||||||||||||||||||||||||||||
32 | Nebraska | March 12 Order - Link 1 | 6/30 Order | 11/6 Order | 5/21 Order | 8/9 Order | No court closures for all state courts, some individual courts have issued their own, encourages people who have COVID or risk having it to postpone | Lower Court Level | Lower Court Level | Not addressed | Unclear | Unclear | Unclear | Unclear but see e-notary law | Nebraska LB 186 (signed into law on 5/30/19; effective 7/1/2020) | Authorizes online notarization via communication technology | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
33 | Nevada | March 18 Order - Link 1 | Nevada 4/1 EO | Nevada does not have statewide orders, they are doing them by court. See here for Supreme Court. See here for district court. | Lower Court Level | Lower Court Level | Not addressed | 4/1 Executive Order -- Any specific time limit set by state statute or regulation for the commencement of any legal action is hereby tolled from the date of this Directive until 30 days from the date the state of emergency declared on March 12, 2020 is terminated. | Yes | Unclear | Unclear but see e-notary law | Nevada A. 413 (signed into law 6/9/17; effective 7/1/18) | Authorizes electronic notarial acts remotely using audio-video communication | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||
34 | New Hampshire | March 16 Order - Link 1 | 3/27 Order -- Circuit Courts | 6/16 Order | 7/7 Order | 7/23 Order | 8/13 Order | 9/4 Order **Different orders for Supreme Court, District Court, and Superior Court | 9/24 Order **Different orders for each level of court | 10/16 **Different for Superior and Circuit | 11/6 **Different orders for each Court | 11/24 **Different orders for each court | 12/18 **Different for each court | 1/7 **Different for each court | 1/29 **Different for each court | 2/18 Order | 3/11 Order *Different for each court | 4/1 Order **Different for each court | 4/23 Order | 5/14 Order | 12/22 Press Release | Chief Justice of the Superior Court Tina Nadeau announces the postponement of all jury trials and grand juries in New Hampshire Superior Court throughout the state through the month of January. The Superior Court had already scheduled a pause in jury trials for the last week in January as a result of the Criminal Defense Task Force recommendation. All New Hampshire courts will continue to remain open for the public for all other purposes. | 6/7/2021 | 9/7/2020 | To comply with the ongoing recommendations to mitigate the risks of COVID-19, the court will conduct many of the above-referenced cases telephonically or by video, to the extent possible. However, for trials in criminal matters referenced in paragraph 4(a) or adjudicatory hearings in Delinquency/CHINS matters referenced in paragraph 4(g) and (h), in-person hearings shall be scheduled and transport orders issued as necessary, unless the defendant/juvenile waives in-person participation. The court will notify parties if their hearing will be conducted telephonically and/or by video. | All deadlines set forth in court rules, court orders, statutes, ordinances, administrative rules, administrative orders or otherwise are no longer extended and are in effect, except that the deadlines for scheduling of hearings may be extended as the needs of the trial court require. | No | Unclear but encourages judges to use electronic methods for filing and responding | Judge discretion whether to do hearings by phone or computer | New Hampshire (03/23/20) | Emergency Order temporarily authorizing remote notarization | |||||||||||||||||||||||||||||||||||||||
35 | New Jersey | Court News Page - Link 1 | March 17 Order - Link 2 | 3/24 Order -- Suspends depos for medical professionals | 3/27 Order | 4/20 Order | 4/24 Admin Order | 5/28 Order | 6/25 Order | 7/9 Order | 7/24 Order | 8/12 Notice | 9/22 Update | 11/16 Order | 1/7 Order | 3/4 Order | 5/11 Order | 6/2 Order | Mask Requirement | The Supreme Court has authorized the resumption of in-person criminal jury trials, and some in-person civil jury trials, effective on or after June 15, 2021. Criminal jury trials will be conducted in person and will be the priority, with cases that involve detained defendants continuing to receive the highest priority. Most civil jury trials at present will continue to be conducted in a virtual format. The Court’s May 11, 2021 Order is attached. The Court’s authorization to resume in-person jury trials is based on improved COVID-19 trends throughout New Jersey. In-person jury trials will be conducted with necessary health precautions, including social distancing and the requirement that participants wear face masks except in limited circumstances when other health protections are in place. As announced in this May 6, 2021 notice, up to 50% of judges and state court employees will be present in state court locations as of June 15, 2021. Those on-site judges and state court employees will support upcoming in-person jury trials and other court events. | Virtual civil jury trial starting 2/1/2021 | Open (limited entry) | Should be/will be (3/27 Order) | Most Extensions of Discovery Deadlines and Tolling of Time Periods Will End as of May 10,2020 Based on the demonstrated increased ability of the courts to handle matters remotely, combined with the new electronic filing options available to attorneys and selfrepresented litigants, legal practice generally can continue consistent with regular timeframes. To that end, most discovery deadlines in Civil and Family matters generally are extended through May 10, 2020, with lengthier extensions only in specific areas. 1 Discovery involving medical professionals is extended through May 31 , 2020, based on the ongoing unavailability of those experts. | No (ended) | Rule 4:26-1(a), (c) and 4:36-3 relaxed and supplemented and discovery deadlines extended until April 26 + encouraging electronic depositions, etc. | Motions and hearing handled via teleconference, does not specifically mention witnesses | Supreme Court order allowing remote swearing of witnesses (remote depos and oaths) | ||||||||||||||||||||||||||||||||||||||||||
36 | New Mexico | Court News Page - Link 1 | March 17 Order - Link 2 | March 23 Order | April 16 Order | 5/28 Order | 11/13 Order | 12/14 Order | 5/4 Order | 8/23 Order | Civil and criminal jury trials scheduled to commence on or after 3 November 16, 2020, are suspended until January 1, 2021, and civil and criminal jury 4 trials shall resume by February 1, 2021. The resumption of civil and criminal jury 5 trials shall occur in each judicial district pursuant to individualized plans submitted 6 by the chief judge in each judicial district for approval by the Supreme Court. 7 2. Jury trials and other in-person proceedings shall be held in a manner 8 that allows the press and members of the public to attend in person or, if necessary 9 to comply with the social distancing requirements in these Emergency Court 10 Protocols, by audio or audio-video connection. | 2/1/2021 | Open | Must wear face masks in courthouse | Shall (4/16 Order) | IT IS FURTHER ORDERED that the calculation of any deadlines in Rules 16 5-604, 6-506, 7-506, 8-506, and LR2-308 NMRA for all cases pending or filed on 17 or after the date of this order shall not include any period of time-delay caused by 18 the current public health emergency. But to exclude a period of time from the 19 calculation of deadlines under the terms of this order, a judge must enter specific 20 findings of fact demonstrating that the period of delay was caused by the current 1 public health emergency; | Unclear | Will accept things electronically/by fax according to local court rules | Judges now must do everything they can to hold court proceedings remotely (3/23 Order) | Executive Order extending notarial acts remotely | ||||||||||||||||||||||||||||||||||||||||||||||||||
37 | New York | March 15 Memo - Link 1 | Link 2 | 3/22 Sup. Ct Order on Essential Filing | 4/6 Announcement Virtual Courts | 4/13 Virtual Courts | 11/13 Order | March 8 Order | I am pleased to report that our plans to resume a limited number of civil and criminal jury trials on March 22nd are moving forward. Our Administrative Judges and court managers are preparing their courthouses for the safe return of jurors, and we are modestly increasing courthouse staffing levels to support necessary in-person administrative functions and increased foot traffic. | 3/22/2021 (Limited scale) | Open (phased opening) | Shall for essential, now also doing non-essential virtually (4/13 Order) | Executive order 202.8 -- Tolled until April 19 (seems to include SOL's b/c specifically covers commencement of a civil action) | Yes | Yes (Executive Order 3/19), which was extended here | New York (3/19/20) | Emergency Order temporarily authorizing audio/video technology for notarization | |||||||||||||||||||||||||||||||||||||||||||||||||||||
38 | North Carolina | Court News Page - Link 1 | March 13 Order - Link 1 | March 19 Order | 4/2 Order | 4/13 Order | 6/20 Order | 7/16 Order | 7/20 Order | 8/15 Order | 9/15 Order | 10/15 Order | 11/16 Order | 12/14 Order | 1/14 Order | 2/12 Order | 3/12 Order | 4/9 Order | 5/7 Order | 6/4 Order | This order restores to local judicial officials substantial decision-making authority over when and how to conduct jury trials and other in-person proceedings | Allowed but under discretion from local officials | People can enter courthouse with face covering | Authorized (4/2) | I order that all pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 1 June 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 1 June 2020. I further order that all other acts that were or are due to be done in any county of this state on or after 16 March 2020 and before the close of business on 1 June 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely done if they are done before the close of business on 1 June 2020. This order does not apply to documents and papers due to be filed or acts due to be done in the appellate courts. | Unclear | Unclear | Recently passed bill allowing remote witness -- see bill here | ||||||||||||||||||||||||||||||||||||||||||
39 | North Dakota | March 17 Order - Link 1 | April 15 Order | June 9 Order | 1/19/22 Order | SCJD returning to remote hearings temporarily | 7/1/2020 | Open | Not addressed | 4/15 order does NOT grant relief from deadlines | No | Order does not suspend or grant relief from deadlines | ND Guidance on Remote Notarization | North Dakota HB 1110 (signed into law 03/12/19) | Authorizes remote notarization using communications technology | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
40 | Ohio | Court News Page - Link 1 | 3/20 Guidance to Courts | 3/27 Order Tolling Statutes | No statewide closure as of 3/23/2020, localities are suspending/postponing things | Lower Court Level | Lower Court Level | Restart Ohio Guidance and Ohio Jury Trial Advisory Group Recommendations | May be allowed (3/27 Order) | Please see 3/27 Order -- all SOL + deadlines tolled until July 30 or expiration of COVID Executive Order (whichever is first). This was also passed via legislation (HB 197) | Yes | Unclear | Guidance to courts says try to conduct things remotely if possible | Ohio SB 263 (signed into law 12/13/19; effective 9/19/19) | Authorizes online notarization via remote presentation. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||
41 | Oklahoma | March 16 Order - Link 1 | 3/23 Order | 3/27 Order | 4/29 Order | 11/23 Order | The decision to schedule or proceed or continue or reschedule any jury term, Civil or Criminal jury trial, non-jury trial or any other proceeding rests solely with the judges of the District Court. 7. In the event that there is an objection to the continuance of any civil or criminal jury trial, non-jury trial or other proceeding, the assigned judge shall make a full record including reference to all Joint Emergency Orders, any local directives, and any other facts and circumstances necessary for later appellate review. | 8/1/2020 | Unclear | Shall (3/27 order) | Beginning on May 16, 2020, all rules and procedures, and all deadlines whether prescribed by statute, rule or order in any civil, juvenile or criminal case, shall be enforced, including all appellate rules and procedures for the Supreme Court, the Court of Criminal Appeals, and the Court of Civil Appeals. | Yes | Unclear | Court should use remote access if possible for hearings (3/23 Sup Ct Order); e-notary act allows remote depositions: | Oklahoma SB 915 (signed into law 5/9/19; effective 1/1/2020) | Authorizes remote online notarial acts | 12 OK Stat 12-426 - does not cover depos | |||||||||||||||||||||||||||||||||||||||||||||||||||||
42 | Oregon | March 16 Order - Link 1 | 3/27 Order | 5/15 Order | 11/18 Order | 2/17 Order | 3/11 Order | 6/28 Order | 7/29 Order | 8/16 Face Mask Order | 9/7 Social Distancing Order | 9/16 Vaccine Order | 11/15 Order | A Presiding Judge may authorize scheduling other jury trials to begin on or after March 1, 2021, provided that, as of the date of the scheduled trial, the Governor has approved one or more counties in the judicial district to move to a category other than the Extreme Risk category. (3) A Presiding Judge may authorize conducting jury trials not described in subparagraphs 2.b.(1) or 2.b.(2), but only pursuant to paragraph 3 of CJO 20-047. | 3/1/2021 | Open (phased opening) | Allow for essential, Presiding judge decides for not essential (3/27 Order) | 3/27 order is seeking legislative authority to amend deadlines and statutes | No | Unclear | Unclear | ORCP 39 (c)(7) and see also HB 4212 | Remote oath is acceptable | |||||||||||||||||||||||||||||||||||||||||||||||
43 | Pennyslvania | Court News Page - Link 1 | March 18 Order - Link 2 | April 1 Order | April 28 Order | 5/27 Order | 6/21 (2021) Order | Statewide judicial emergency ends June 1. However, there is still a lot of discretion for courts to act as they see fit. See 5/27 order for specifics | Suspended until further notice | 6/1/2020 (but lower courts have discretion) | 04/28 Order | Authorize and encourage (4/1 Order) | Filings required between 3/19 and 5/8 "shall be deemed" timely filed if filed by 5/11 or on a later date as permitted by the court -- read Order for info on SOL's | Yes | Discovery motions postponed, except to the extnet such matters may be handled through tech (subject to constitutional limitations). | Judges instructed to "adapt proceedings" in light of COVID 19, suspended in-person requirement for court reporters | Proposed legislation, hasn't passed HB 2370 | |||||||||||||||||||||||||||||||||||||||||||||||||||||
44 | Rhode Island | March 17 Order - Link 1 | April 8 Order | May 15 Order | 6/10 Order | 7/20 Order | Face Mask Order | Jury and bench trials may resume without restriction. With the consent of all parties and the Court, bench trials may be conducted remotely. | 9/8/2020 | Open on limited basis | Encouraged (4/8 Order) | All filing deadlines which would have expired between March 17, 2020 and May 17, 2020 shall be extended to May 29, 2020. All deadlines occurring after May 4 17, 2020 shall not be extended unless upon motion duly made and granted by the appropriate court and in accordance with the rules of each court. C. Statutes of limitations: Statutes of limitations are not tolled and shall continue to run. | No | Deadlines extended for court filings (see SOL column) | Any rule that may be interpreted to require administering any oath or affirmation in-person may be relaxed to allow such oaths or affirmations to be administered remotely by available technologies, including videoconferencing or teleconferencing, provided such remote administration is not otherwise prohibited by any statutory or constitutional provision. | See Secretary of State information on remote notarization | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
45 | South Carolina | March 18 Order - Link 1 | 3/16 Memo to Judges | 3/26 Supplemental Guidance | 4/3 Order | Message from Court 4/24 | 4/22 Order | 7/30 Order | 9/14 Order | 12/4 Order | 12/16 Order | 1/6 Order | 2/26 Order | 3/4 Order | 6/15 Order | 8/27 Order | See 6/15 Order regarding latest on jury trials | 4/5/2021 | Open (if plan in place) | All must wear masks in courthouse | May 4/3 Order | Unclear | Unclear | Unclear | Remote Administration of Oaths. Where this order authorizes a hearing, trial or other matter to be conducted using remote communication technology, any oath necessary during that hearing, trial or other matter may be administered by the same remote communication technology. While it is preferable that the person administering the oath have both audio and visual communication with the person taking the oath, the oath may be administered if only audio communication is available, provided the person administering the oath can reasonably verify the identity of the person taking the oath. Notaries who are authorized to administer oaths may administer oaths utilizing remote communication technology in the case of depositions. Nothing in this order shall be construed as authorizing remote administration of oaths for any other purpose than those contained in this order. | See supreme court order | ||||||||||||||||||||||||||||||||||||||||||||
46 | South Dakota | March 13 Order - Link 1 | Court Memo Resource - Link 2 | Remote Notarization | Allowing Technology | Presiding judges can ask Supreme Court to postpone/extend hearings and trials. Each circuit has implemented protocols. | Lower Court Level | Lower Court Level | Judges ordered to adapt, modify, suspend court rules to continue proceedings (3/13 Order) | Unclear | Unclear | Unclear | See order | South Dakota HB 1272 (signed into law 3/18/19; effective 7/1/19) | Authorizes remote notarization via communications technology | South Dakota Statute Chapter 18-7- does not cover depos | ||||||||||||||||||||||||||||||||||||||||||||||||||||||
47 | Tennessee | March 13 Order - Link 1 | March 25 Order | April 24 Order | Extending Notarization Order | 5/26 Order | 11/17 Order | 12/22 Order | 1/15 order | 2/12 Order | 8/26 Order | The suspension of all jury trials is extended through the close of business on Wednesday, March 31, 2021, subject only to exceptions which may be granted by the Chief Justice on a case-by-case basis | 3/31/2021 | Open (if you have a plan approved) | 04/24 Order for judicial districts to approve reopening plans | Should utilize (3/25 Order) | Deadlines set forth in court rules, statutes, ordinances, administrative rules, or 3 otherwise that are set to expire during the period from Friday, March 13, 2020, through Sunday May 31, 2020, remain extended through Friday, June 5, 2020, pursuant to the terms of paragraph 7 of the Court’s April 24, 2020 order. The Court anticipates that there will be no further extensions of these deadlines. | Yes | Courts should continue to conduct as much business as possible by means other than in-person court proceedings. Courts are encouraged to continue and even increase the use of telephone, teleconferencing, email, video conferencing or other means that do not involve in-person contact. All of these methods should be the preferred option over in-person court proceedings. | Encourages judges to be avail remotely | Tennessee SB 1758 (signed into law 5/15/18; effective 7/1/19) | Authorizes online notarization via audio video communication | Tennessee Rule of Civil Procedure Rule 72 | |||||||||||||||||||||||||||||||||||||||||||||||
48 | Texas | March 13 Order - Link 1 | March 20 Order | April 1 Order | 4/27 Order | 5/26 Order | 6/29 Order | 8/6 Order | 10/1 Guidance | 9/18 Order | 11/13 Order | 1/14 Order | 3/5 Order | 5/26 Order | 7/19 Order | 9/21 Order | 11/23 Order | 1/19/22 Order | A court may conduct an in-person jury proceeding if: a. to assist with coordination of local resources and to manage capacity issues, the court has obtained prior approval, including a prior approved schedule, for the jury proceeding from the local administrative district judge or presiding judge of the municipal courts, as applicable; b. the court has considered on the record any objection or motion related to proceeding with the jury proceeding at least seven days before the jury proceeding or as soon as practicable if the objection or motion is made or filed within seven days of the jury proceeding; c. the court has established communication protocols to ensure that no court participants have tested positive for COVID-19 within the previous 10 days, have had symptoms of COVID-19 within the previous 10 days, or have had recent known exposure to COVID-19 within the previous 14 days; d. the court has included with the jury summons information on the precautions that have been taken to protect the health and safety of prospective jurors and a COVID-19 questionnaire to be submitted in advance of the jury selection that elicits from prospective jurors information about their exposure or particular vulnerability to COVID19; and e. the court has excused or rescheduled prospective jurors who provide information confirming their COVID-19 infection or exposure, or their particular vulnerability to COVID-19 and request to be excused or rescheduled. | 3/5/2021 (gave permission to conduct in-person trials if certain conditions met) | 6/1/2020 (meet certain criteria) | Court Guidance -- template on their website | Allow or require (3/13 Order) | Any deadline for the filing or service of any civil case that falls on a day between March 13, 2020, and August 1, 2020, is extended until September 15, 2020. This does not include deadlines for perfecting appeal or for other appellate proceedings, requests for relief from which should be directed to the court involved and should be generously granted. | Yes | See SOL column about deadlines -- otherwise unclear about discovery | Encouraging remote hearings via Zoom (see link) | Texas HB 1217 (signed into law 6/1/17; effective 7/1/18) | Authorizes online notarization through two-way video and audio conference technology. | Texas Civil Practice and Remedies Code 132.001 (2013) | ||||||||||||||||||||||||||||||||||||||||
49 | Utah | Court News Page - Link 1 | March 21 Order - Link 2 | May 11 Order | June 26 Order | 10/2 Order | 12/31 Order | 6/3 Order | 8/12 Order | 9/17 Order | 11/12 Risk Response Plan | 11/23 Order | 12/10 Order | (a) District court and justice court judges are not to conduct any criminal jury trials (whether the defendant is or is not in custody) or civil jury trials during the Red Phase. If a defendant is in custody on a class B or C misdemeanor offense, the assigned judge must reconsider the defendant’s custody status and is encouraged to release the defendant subject to appropriate conditions. | No jury trials in red phase | Closed if in red phase | Shall (3/21 Order) | Courts shall continue to accept filings, and shall be available to answer telephone calls, emails, and other communications. Individuals who do not have access to e-filing may file documents by email in any pending case. If an individual wishes to file a pleading to initiate a case or file a notice of appeal, the individual should contact the court by telephone to make arrangements for filing. Lawyers are encouraged to stipulate to extensions of time. Judges are directed to grant liberally motions for extensions of time. This Order does not extend filing deadlines. Any future extension of a specific deadline will be made by separate order. | No | Courts shall continue to accept filings | Absent exigent circumstances, all hearings shall be conducted on the papers, or through remote transmission, such as by telephone or video conferencing. If an in-person hearing is necessary due to exigent circumstances, the court shall conduct the hearing consistent with all applicable government and public health Orders, the Court’s Pandemic Response Plan, and the Risk Response Plan. A person who appears at the courthouse in response to a summons or pursuant to a promise to appear shall be given a new date to appear or provided with instructions on how their case may be handled through remote transmission, and the court or clerk may address summary matters. Also see order about remote depositions. | Utah HB 52 (signed into law 3/25/19; effective 11/1/19) | Authorizes remote notarization | Utah Code Title 78B Ch 18a (2018) - does not cover depos | ||||||||||||||||||||||||||||||||||||||||||||||
50 | Vermont | March 16 Order - Link 1 | March 20 Amendments to 3/16 Order | March 25 Order | Admin Order 49 | 4/9 Order | 5/13 Order | 5/12/21 Order | Jury Trials: a. Superior courts may schedule and hold individual jury trials in criminal proceedings and civil proceedings after January 1, 2021, only with the authorization of the Chief Superior Judge and the Court Administrator. Factors to be considered in authorizing a proposed jury trial include: the current course of the COVID-19 pandemic; the current recommendations of public-health experts; whether the unit has adopted a plan that addresses ventilation and air flow and allows for socially distanced seating and movement of all participants and jurors through the course of a jury draw and trial; the availability of staff and other resources to support court proceedings; and the rights and interests of the litigants. b. In the interest of justice, the Chief Superior Judge is authorized to transfer a civil or criminal proceeding to another unit (transferee unit) for purpose of a jury trial. In exercising this authority, the Chief Superior Judge should consider whether any building in the unit where the case was filed (or to which it was previously transferred) (transferring unit) is, or is expected to be, available for jury trials; how many other cases are trial-ready in the transferring unit, and their relative priority; Page 2 PROMULGATED ON 3-16-20; AMENDED ON 3-18-20, 3-20-20, 3-24-20, 3-25-20, 4-06-20, 4-09-20, 4-13-20, 4-21-30, 4-30- 20, 5-13-20, 6-19-20, 7-17-20, 7-23-20, 8-20-20, 10-5-10, 11-02-20, 11-24-20, 12-04-20, 12-22-20, 3-8-21, 4-8-21 AND 5-12-21. how many other cases are trial-ready in the transferee unit, and their relative priority; and any other factors pertinent to the determination. | 1/1/2021 | Open | May allow (Admin Order 49) | Notwithstanding any provision of law to the contrary, all statutes of limitations or statutes of repose for commencing a civil action in Vermont that would otherwise expire during the duration of any state of emergency declared by the Governor arising from the spread of COVID-19 are tolled until 60 days after the Governor terminates the state of emergency by declaration. | No | Unclear | Allows remote swearing by law for limited time (June 15, 2020) | Vermont H 526 (signed into law 5/22/18; effective 7/1/19) | Authorizes development of remote notarization rules, please also see VT Emergency Judicial Rules that just passed | ||||||||||||||||||||||||||||||||||||||||||||||||||||
51 | Virginia | March 16 Order - Link 1 | March 27 Order | April 22 Order | May 6 Order | June 1 Order | June 8 Order | June 22 Order | July 8 Order | July 29 Order | August 7 Order | August 20 Order | 9/4 Order | 9/28 Order | 10/19 Order | 11/9 Order | 12/3 Order | 12/18 Order | 1/19 Order | 2/8 Order | 3/2 Order | 3/15 Order | 4/12 Order | 5/3 Order | 6/15 Order | 6/29 Order | 8/4 Order | 8/25 Order | 9/20 Order | 10/5 Order | 10/25 Order | 11/18 Order | 12/10 Order | 12/29 Order | 1/20 Order | This Order shall be in effect from January 6, 2022, through January 26, 2022, unless amended by future order. Accordingly, the Period of Judicial Emergency now extends from March 16, 2020, through January 26, 2022. The Declaration of Judicial Emergency may be extended for additional periods as provided in Va. Code § 17.1-330(E). It is so ORDERED. | 5/30/2021 (unless courts have approved plan) | Should conduct virtual as much as possible | All matters heard pursuant to Order should be conducted electronically (3/27 Order) | Except as provided in Paragraph 1 above, beginning on July 20, 2020, for cases in the district and circuit courts, there shall be no further tolling of statutes of limitation or other caserelated deadlines. Similarly, beginning July 20, 2020, there shall be no further tolling of deadlines regarding filings made pursuant to Part Five of the Rules of the Supreme Court of Virginia with the clerk of the circuit court as well as the filing of the petition for appeal in the Supreme Court under Rule 5:17(a)(1). | Yes | In district and circuit courts, the court may, in its discretion, hear any non-emergency matters, upon agreement of all parties, attorneys and witnesses, by two-way electronic audio-visual communication system using a secure communication platform such as Polycom or WebEx, or by telephone. Requests to participate by telephone should be liberally granted. | See e-notary law | Virginia Law (adopted in 2011) | Authorizes electronic notarization via video/audio conference technology | Virginia Code 8.01-4.3 (2005) - does not cover depos | ||||||||||||||||||||||||
52 | Washington | March 20 Order - Link 1 | April 13 Order | April 29 Order | June 18 Order | 8/18 Order | Jury trials are necessary to the open administration of justice in Washington. Courts may commence new jury trials starting July 6, 2020 in courthouse facilities or offsite facilities, while observing social distancing and following the most protective applicable public health guidance in their jurisdiction. Before July 6, 2020, trials already in session where a jury has been sworn and such measures are in place may proceed or, at the discretion of the trial court or agreement of the parties, be continued to a later date. | 7/6/2020 | 7/6/2020 | Emergency matters must be heard, non-emergency can be heard if appropriate (3/20 Order) | Unclear | No | The use of remote technology in jury selection, including use of video for voir dire in criminal and civil trials, is encouraged to reduce the risk of coronavirus exposure. Any video or telephonic proceedings must be conducted consistent with the constitutional rights of the parties and preserve constitutional public access. Authorization for video-conference proceedings under CrR 3.4(d)(1) and CrR 3.4(d)(1) is expanded to include jury selection, though the requirement that all participants be able to simultaneously see, hear and speak to one another does not require that all potential jurors be able to simultaneously see one another. | E-notary law allows for remote swearing, see also 4/2 court order | Washington SB 56 (signed into law 4/26/19; effective 10/1/20) | Authorizes remote notarization via communication technology | RCW 9A.72.085 (2019) - does not cover depos | |||||||||||||||||||||||||||||||||||||||||||||||||||||
53 | West Virginia | March 16 Order - Link 1 | March 22 Order - Link 2 | 4/3 Order | 4/22 Order | 4/24 Order | 5/6 Order | 10/6 Order | 6/25 Order | In person hearings and proceedings may commence starting May 18, jury trials may commence starting June 29. 10/6 Order -- Large-scale jury orientations or trials requiring large jury pools should not occur until further order of the Court. Instead, jurors should be called to the courthouse in manageable numbers where adequate social distancing measures can continue. Jurors must be permitted to wear self-provided masks. J | 6/29/2020 | 5/15/2020 | Resumption of Operations Order | Suspends rules related to remote technology (3/22 Order) | Deadlines, SOL/Repose set to expire from 3/23-5/15 extended to 5/18 | Yes | See 4/24 Order | EO 11-20 -- Temporarily suspends W. Va. Code Section 39-4-6 requiring the personal appearance of an individual for a notarial act that relates to a statement made in or a signature executed on a record. | ||||||||||||||||||||||||||||||||||||||||||||||||||||
54 | Wisconsin | Court News Page - Link 1 | March 22 Jury Trial Order - Link 2 | March 22 Remote Hearing Order - Link 3 | 3/25 Order | COVID-19 Task Force | Extension of Rules 5/22 | IT IS FURTHER ORDERED that Interim Rule 20-02 "In the Matter of an Interim Rule re Suspension of Deadlines for Non-Criminal Jury Trials Due to the COVID-19 Pandemic" shall remain in effect for each circuit court until that circuit court shall have prepared an operational plan for the safe resumption of in-person proceedings and jury trials and the plan shall have been approved by the chief judge of the applicable judicial administrative district, as set forth below. When a circuit court's operational plan has been approved by the chief judge, as set forth below, Interim Rule 20-02 shall cease to apply to that circuit court; | Local Level | Local Level | Chief Justice Task Force, see also Final Report of COVID Task Force | Required (3/22 Order) | Some deadlines extended, some not -- look at court order for specifics | Unclear | See order here which allows remote notarization | Requires judges be avail for remote proceedings (See 3/22 Sup Ct Order) + remote administration of oath (3/26 Order) | Wisconsin Act 125 (effective May 1, 2020) | Temporarily authorizing remote notarization, which was extended until further order (5/22 order) | Proposed legislation, hasn't passed AB 720/SB 650 | |||||||||||||||||||||||||||||||||||||||||||||||||||
55 | Wyoming | Court News Page - Link 1 | March 18 Order - Link 2 | March 26 Order | April 1 Order | May 15 Order | June 12 Order | July 24 Order | 9/22 Order | 10/19 Plan (Supreme Court) | 11/5 Plan (Supreme Court) | 11/13 Order | 12/10 Order | 1/6 Order | Supreme Court Operating Plan (3/4) | Supreme Court Operating Plan (4/8) | 8/3 Order | No jury trials should be conducted until further notice. | Postponed until further notice | 10/5/2020 | Reopening Guidelines | Encourages/ "does not prohibit" use of technology (4/1 Order) | Unclear | Unclear | 4/26 Order encourages e-filing and remote witness signature | Encourages telephonic methods for hearings | Wyoming Rule of Civil Procedure 30(b)(4) currently provides that parties may stipulate to have depositions taken by remote means, and W.R.C.P. 30(b)(5) provides that parties may stipulate that depositions need not be taken “before” a court reporter. While this Emergency Order is in place, the burden will be on the non-stipulating party to demonstrate that the failure to stipulate to conducting a deposition in this manner was made in good faith; and, if a court finds that such failure was not in good faith, it will impose costs and fees for any motion arising from that failure upon the non-stipulating party. Reasonable provisions for ensuring the integrity of the process, including identifying the witness and ensuring that the court reporter and attorneys can see and/or hear the witness shall be made. | Executive Order extended through 10.5 allowing remote notarization | Wyo Stat 1-2-103 | |||||||||||||||||||||||||||||||||||||||||
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