Updated Court Issuings relating to Coronavirus Emergency

eLaw HeaderImportant Court Updates

Important Court Information

I am including the latest court information that has been made available to eLaw. As the situation is rapidly changing, I will continue to provide court information as it is provided to me by the Court, members of the Bar and our partner companies, PM Legal and ZRPD.

To view any of these Administrative Orders as a downloadable PDF file, please click on the corresponding links:
Judge Marks’ 3/15/20 Memorandum
Judge Marks’ 3/13/20 Memorandum
Judge McMahon’s 3/13/20 Order

Supreme Kings Motion/Trial Support and Ex-Parte are only opening for emergency Applications.

Kings County, Supreme Civil

Starting today JCP and CCP will not be open. There will not be any jurors or jury trials until further notice. Trials that have started will be allowed to finish.
During the pendency of the current coronavirus threat Intake, CCP and the City Discovery Part will accept submissions of PC, Compliance Conference and motion Orders on consent. Said Orders may be in writing or by E-File. After submission, the Court will assign a Final Compliance date and Note of Issue date, as necessary.

First and Second Departments of the Appellate Division

As part of the response plan to COVID-19, the First and Second Departments of the Appellate Division have decided that all matters on the Courts’ calendars will be taken on submission. This effort will reduce courthouse traffic and is consistent with New York State’s recommendation to limit public gatherings. The change will go into effect on March 17, 2020 and will continue until further notice.

However, each of the departments are making arrangements for those litigants who still wish to argue their appeals. Argument will not be permitted in person but, upon request, appearance can be made via Skype.

Bronx County Bar Association

Notice to All Attorneys Having Cases Assigned to the LPM
(Labor Law, Products Liability, Malpractice (Other than Medical)) Part
Effective immediately and until further notice:
1. All Preliminary, Compliance, Status and Pre-Trial conferences scheduled on March 24, 2020, and thereafter will be adjourned to a future date. Attorneys of record will be notified of the adjourn date(s). However, attorneys should check E-Courts for adjourn dates.
2. In lieu of appearances on Preliminary, Compliance and Status Conferences attorneys may submit an order on consent of ALL parties to jflores2@nycourts.gov

• This option is only available for cases where 7 or less prior compliance/status conferences were held.
• If all parties sign the form and return it to the court before a scheduled conference date, such form will be “so ordered” by the court, the conference will be marked held and a future date will be scheduled for a compliance or further status date.
• Signed Orders will uploaded to NYSCEF (for e-filed cases) or Bronx County Clerk’s Office (for non-e-filed cases).
• Any unresolved issues will require an appearance.
• When emailing Orders/Stipulations to the court include all parties.
3. All appearances on motions and OSCs will remain the same.

Orange County Foreclosure Settlement Part

Due to mounting concerns regarding the Coronavirus pandemic, foreclosure settlement conferences scheduled before me are being adjourned 45 days.

Southern District Update

Effective Monday, March 16, 2020, the following protocols will be in place for the next 30 days, or until further notice:

1. No new jury trials, civil or criminal, will be permitted to commence in any of our three courthouses (Moynihan, Marshall, Brieant).
2. Jury trials that have already commenced will be concluded. Judges conducting those trials – there are five of you – have been provided with special information about meals and transportation to share with your jurors.
3. The running of speedy trial time will be suspended effective today due to the now-declared state of emergency and medical crisis.
4. Existing grand juries will continue to meet. We will consult with the USAO before deciding whether to try to empanel the April 2 grand jury.
5. Until further notice, Magistrate’s Court will be conducted in its usual location on the Fifth Floor of the Moynihan Courthouse. If there are presentments in White Plains, they will be handled by the Duty Magistrate in White Plains.
6. Until further notice, Part I will be staffed out of the Foley Square courthouses. FYI: next week’s duty judges are Swain (Monday, March 16); McMahon (Tuesday, March 17-Saturday, March 21).
7. The courthouses will not be closed. However, only the following persons will be admitted: judges, chambers staff, SDNY supervisory personnel (unit executives and managers), SDNY personnel who are on “skeleton” duty (see below), lawyers who have to appear in district court civil matters or before the Court of Appeals, Assistant United States Attorneys, defense lawyers, criminal defendants and members of their families, persons who have been directed to report to Probation and PreTrial Services, visitors to the Pro Se Clinic in the Marshall Courthouse, and credentialed courthouse press. No one who does not have case-related business in the courthouse will be permitted to enter. Even persons who are otherwise authorized to enter must pass the screening protocol, which can be found in the Second Amended Standing Order in the matter now entitled In re Coronavirus/COVID-19 Pandemic (M-10-468), entered today.

Previously Issued Orders

To view any of these Administrative Orders as a downloadable PDF file, please click on the corresponding links:

ADMINISTRATIVE ORDER OF THE CHIEF JUDGE OF THE STATE OF NEW YORK
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

We will continue to monitor all information as it is received as pass along any changes. Please refer to our blog, Facebook page or twitter account for the most current information. Stay safe!

Dominick Esposito
eLaw President
212-503-6000
dominick@eLaw.com

 

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