In response to the COVID-19 pandemic, State and Federal courts have taken action to limit their activities. The lists below provide a resource of the Orders issued by State and Federal courts in New York, Pennsylvania and New Jersey affecting the COVID-19 limitations placed on civil matters pending before these courts:
New York State Courts
Courts across New York State have begun resuming in-person operations, and practitioners are now able to commence lawsuits in every county across the State, including for those matters previously deemed “non-essential” during the initial court shut-down period (e.g., commercial and personal injury matters). New York Courts are taking a phased approach to reopening, aimed at continued safety for judges, staff, attorneys, litigants and members of the public. The phased reopening includes increasing the number of support staff reporting in-person, with non-reporting court staff continuing to work remotely. While in-person practice is still significantly curtailed, judges are holding oral arguments, deciding motions, and issuing orders on a virtual basis.
- March 16, 2020: Suspension of Juror Service
- March 19, 2020: Administrative Order 71/20 – Discovery continues with limitations, but court urges deferral due to COVID-19
- March 20, 2020: Executive Order No. 202.8 – Tolling Statute of Limitations
- March 22, 2020: Administrative Order 78/20 – Suspending filing of papers in non-essential cases
- March 22, 2020: List of Essential Matters
- March 27, 2020: Rescheduling of the July New York Bar Exam
- March 30, 2020: Courts Begin Virtual Court Operations for Essential Matters
- April 30, 2020: Electronic Filings Resume for Existing Cases and Appeals
- May 4, 2020: Allowing new filings on pending matters
- May 4, 2020: Creating the Electronic Document Delivery System allowing digital filings on non-E-filed cases
- May 8, 2020: Administrative Order 98/20 – Expanding electronic filing to allow consensual/voluntary electronic filing in certain counties
- May 14, 2020: Effective May 18, 2020 certain upstate counties return to in-person courthouse operations
- May 20, 2020: Starting May 25, 2020 New Non-Essential Matters may be commenced in each county in New York State
- June 16, 2020 – Seventh Judicial District (Rochester), and Four Other Districts Begin Phase 3 of Return to In-Person Operations
- June 23, 2020 – New York City begins Phase 2 of Return to In-Person Operations
New York Federal Courts
Unlike New York State courts, the federal courts in New York State continue to function with fewer restrictions on their operations. Although each federal district has issued its own Order(s) concerning COVID-19 related protocols, each district court continues to accept filings in pending civil matters, and continues to issue decisions and orders as appropriate.
Western District of New York
- March 13, 2020: General Order Regarding Civil Matters
- March 16, 2020: General Order Concerning Alternative Dispute Resolution
- May 13, 2020: Jury trials through June 15th have been continued, the Court continues consider matters that may be resolved without oral argument, or may be handled by telephone
Northern District of New York
- March 13, 2020: General Order No. 58 Regarding Civil Matters
- May 13, 2020: General Order No. 58 (UPDATED) – Jury trials through June 15th have been continued, the Court continues to
Eastern District of New York
- March 16, 2020: Administrative Order No. 2020-06 Regarding Civil and Criminal Matters
- April 21, 2020: Administrative Order 202-020-15 – Jury trials through June 15th have been continued, the Court continues to consider matters that may be resolved without oral argument, or may be handled by telephone
Southern District of New York
- March 20, 2020: SDNY COVID-19 Protocols
- March 27, 2020: Suspension of Jury Trials until June 1, 2020
- March 30, 2020: Curtailing Court Activities Further
- April 13, 2020: Limiting operations at certain courthouses, suspending Jury trials until June 1, and advising counsel to consult individual Judges’ rules for information regarding blanket extensions for civil matters
Pennsylvania State Courts
All Pennsylvania State Courts were generally closed to the public as to non-essential matters from the close of business on March 19, 2020 through at least June 1, 2020. By order of the Supreme Court of Pennsylvania, the general judicial emergency declared and maintained in previous court orders ceased as of June 1, 2020. In Pennsylvania, each county serves a judicial district. The Supreme Court of Pennsylvania has authorized the president judges of each district, as well as the president judges of the Superior and Commonwealth Courts to promulgate their own rules and procedures in light of the pandemic, including but not limited to limiting in-person access and proceedings, suspending rules that restrict the use of advanced communication technologies, suspending rules that impede local provisions for court filings by means other than in-person delivery, suspending rules pertaining to the rule-based right of criminal defendants to a prompt trial; and suspending jury trials. Such administrative orders and remain in effect until they expire or are rescinded by the Courts. Certain judicial districts, including Philadelphia, have entered Orders directing that civil pre-trial practice, including depositions and other discovery, shall continue to the extent practicable in a manner consistent with government suggested and mandated social distancing guidelines and that no party shall use the current health crisis for an advantage in the discovery process or in the litigation generally.
The most up to date information including updates regarding county by county court operations and proceedings can be found at http://www.pacourts.us/ujs-coronavirus-information.
- March 16, 2020: Supreme Court Order – Declaring a Statewide Judicial Emergency and Authorizing President Judges to Declare Judicial Emergencies
- March 17, 2020: Supreme Court Order – Extending the Deadlines for any Non-Essential Filings
- March 17, 2020: Closure of Pennsylvania Courts to the Public for non-essential functions
- March 21, 2020: In-Person Requirement Suspended for Court Reporters
- March 24, 2020: Supreme Court Order – Filing a Praecipe for Writ of Summons, for Purposes of Tolling a Statute of Limitations is Considered an Essential Function
- April 1, 2020: Supreme Court Order - Extending the Statewide Judicial Emergency Through April 30, 2020 and Encouraging the Use of Advanced Communication Technology to Conduct Court Proceedings
- April 28, 2020: Supreme Court Order – Directing Local Courts to Restore More Operations and Extending the Statewide Judicial Emergency Through June 1, 2020
- May 27, 2020: Supreme Court Order – Cessation of Statewide Judicial Emergency after June 1, 2020
Pennsylvania Federal Courts
The three Federal District Courts of Pennsylvania are all open for business, but access to the courthouses are limited. The Courts are utilizing technology to conduct some hearings and other proceedings. Each District Court is requiring parties to electronically file all case-related documents that are able to be filed electronically.
Eastern District of Pennsylvania
- March 13, 2020: Order Regarding Continuances of Civil and Criminal Jury Trials and Grand Jury Selections
- March 18, 2020: Order Regarding Continuances of Arbitrations
- March 20, 2020: Limiting Access to EDPA Courthouses
- April 10, 2020: Extending The Provisions and Measures of Prior Standing Orders through May 31, 2020
- May 29, 2020: Second Extension of Adjustments to Court Operations – Continuing All Civil and Criminal Jury Selections and Trials Scheduled to Begin on or Before August 31, 2020
Western District of Pennsylvania
- March 13, 2020: Order Regarding Continuances of Civil and Criminal Jury Selections and Trials
- March 30, 2020: Notice Regarding Public Access
- April 16, 2020: Order Continuing All Civil and Criminal Jury Selections and Trials Scheduled to Begin on or Before June 12, 2020
- April 21, 2020: Administrative Order Requiring the Use of Face Masks/Coverings in Public Areas of the District’s Courthouses
- May 29, 2020: Order Continuing all Civil and Criminal Jury Selections and Trials Scheduled to Begin on or Before September 8, 2020
Middle District of Pennsylvania
- March 13, 2020: General Order Regarding Continuances of Hearings and Proceedings in Civil and Criminal Matters
- April 8, 2020: General Order Extending the Court’s Prior Order Extending the Continuances of Hearings and Proceedings in Civil and Criminal Matters Through May 31, 2020
- May 26, 2020: Extending the Court’s Prior Orders Regarding the Continuance of Hearings and Proceedings Through June 30, 2020
- June 17, 2020: Middle District of Pennsylvania COVID-19 Recovery Guidelines
New Jersey State Courts
As the public health emergency has been continued in New Jersey at least through July 5, 2020, in-person court operations will likely not resume in full for the foreseeable future. The Courts are encouraging as many matters as possible, including case management conferences, motions, and hearings, to be handled by telephonic or video conferencing technology.
New Jersey State courts are implementing a Post-Pandemic Plan. Phase 1 of the Plan is in effect from March 18-June 21, 2020 and provides that less than 5% of judges and staff are to remain onsite and the Court buildings are closed to attorneys and the public. Phase 2 begins on June 22, 2020 and provides for the gradual and limited return of in-person court functionality starting with 10-15% of judges and staff returning onsite, as well as authorizes all levels of the courts to begin to conduct certain limited onsite operations and in-person proceedings that cannot proceed remotely. In Phase 2, state court facilities will be only open to attorneys, litigants, and members of the public with scheduled proceedings or appointments.
All NJ state court COVID-19 updates can be found at: https://njcourts.gov/public/covid19.html.
- March 15, 2020: Rescheduling of In-Court Proceedings
- March 17, 2020: Order Permitting the Extension of Civil Discovery Deadlines and Tolling Filing Deadlines
- March 24, 2020: Order Suspending the Depositions of and All Required Appearances for Healthcare Professionals Who Are Involved in Responding to the COVID-19 Public Health Emergency
- March 27, 2020: Omnibus Order on COVID-19 Issues Continuing the Suspension of Court Proceedings and Extending Deadlines and Timeframes through April 26, 2020
- April 6, 2020: Order Cancelling and Rescheduling July Bar Exam and Allowing 2020 Law School Graduates to Temporarily Practice Law
- April 15, 2020: Clarifications of Deadline Extensions and Tolling Periods in the Appellate Division
- April 16, 2020: Civil Arbitration Sessions will be Conducted Remotely Starting April 27, 2020
- April 20, 2020: Order Reinforcing that Most Court Events that Can Be Conducted Remotely Will Proceed, Even Over the Objection of an Attorney or Party
- April 24, 2020: Second Omnibus Order Resuming Some Court Operations by Video or Phone, and Extending the Suspension of Jury Trials, Landlord/Tenant Trials and Grand Jury Proceedings to May 31
- April 27, 2020: Principles and Protocols for Virtual Court Operations
- April 27, 2020: Supreme Court Guidelines on Media Access and Electronic Devices in the Courts
- May 5, 2020: Order Requiring Attorneys to File Electronically in ECourts Where Available
- May 28, 2020: Third Omnibus Order Extending the Suspension of Jury Trials to June 14, 2020, and Concluding the Extension of Certain Civil Deadlines, Including Discovery Deadlines, Tolling, Civil Arbitration
- June 9, 2020: Order Requiring All Persons in Judiciary Facilities to Wear Masks or Face Coverings and Maintain Social Distancing
- June 10, 2020: New Jersey Courts Post-Pandemic Plan Transition from Phase 1 (Remote Operations) to Phase 2 (Limited Onsite Presence and In-Person Court Events) Starting on June 22, 2020
- June 11, 2020: Fourth Omnibus Order Continuing Certain Suspensions and Extensions Through June 28, 2020 and Providing that Ongoing Jury Trials Suspended During COVID-19 May Resume Consistent With Public Health Precautions With the Consent of All Parties
New Jersey Federal Court – District Court of New Jersey
The District Court of New Jersey has continued all civil and criminal jury selections and trials through at least August 31, 2020. All filing and discovery deadlines that fell between March 25, 2020 and April 30, 2020 were extended by forty-five (45) days, and those that fell between May 1, 2020 and May 31, 2020 were extended by thirty (30) days, remain in effect. There are no further extensions of filing and discovery deadlines. The District Court has not tolled or extended statutes of limitation. The Court is encouraging its judicial officers to conduct proceedings by telephone or video conferencing. ADR neutrals have been authorized to permit participation in any ADR proceeding by video or telephone conferencing technology. The District of New Jersey has approved and adopted COVID-19 Recovery Guidelines which are available at: https://www.njd.uscourts.gov/sites/njd/files/COVIDRECOVERY.pdf.
- March 16, 2020: Standing Order Continuing Civil and Criminal Jury Selections and Trials
- March 24, 2020: Standing Order Extending Filing and Discovery Deadlines in Civil Matters
- April 17, 2020: Standing Order Extending Continuance of Civil and Criminal Jury Trials and All Filing and Discovery Deadlines in Civil Matters Through May 31, 2020
- April 27, 2020: Instructions for Remotely Attending Public Hearings
- May 22, 2020: Standing Order Continuing All Civil and Criminal Jury Selections and Jury Trials through August 31, 2020
- May 22, 2020: Standing Order Requiring that All Persons Seeking Entry to Any Court Facility in the District of New Jersey Wear a Face Covering or Mask and Further Requiring All Persons to Engage in Social Distancing