New Federal, State Court Orders Issued for COVID-19 Operations in Florida

Courts in Florida keep thinking of new ways to make the justice system easier — and less infectious — for those trying to follow the coronavirus response protocols keyed to limited personal contacts.

Florida Supreme Court Chief Justice Charles Canady announced Thursday he would be extending emergency orders suspending jury trials and other court activities for at least three weeks through April 17.

“Protecting the public in every way possible is our overriding goal here,” he said in a statement. “We will keep our justice system operating, postpone matters that can wait until later and observe social distancing requirements adopted by public health authorities.”

On Wednesday, he issued an order allowing oaths to be administered remotely due to the public health emergency. For at least the short term, an in-person mandate for oaths has been suspended for depositions and other legal testimony.

Florida notaries are allowed to swear in witnesses electronically as long as identification is proven, and the new rule extends to witnesses outside the state.

The order waiving existing rules specifically cited family law forms that may be interpreted to ban remote oaths.

Canady initially cut back operations March 13 but noted at the time that he might extend the changes.

Meanwhile, U.S. District Chief Judge K. Michael Moore issued an order Wednesday cutting staffing in South Florida federal courts and the probation office “to a level necessary to maintain essential operations” and switching others to remote operations. Clerk’s office operations also were severely restricted.

The clerk and chief probation officer have the discretion to designate a rotating pool of employees working in the office to maintain essential operations.

At the clerk’s office, the public intake hours were cut to 9:30-10:30 a.m. and 3:30-4:30 p.m. Monday through Friday. The magistrate clerk’s window is open regular hours but only for new arrests and posting of bonds only.

New federal jury trials were suspended March 13. Grand jury operations continued and bench trialswere allowed, but electronic hearings were encouraged.

Separately, an ad hoc mediation committee notified federal mediators “they may seek permission from the assigned Judge on a case-by-case basis to mediate via Skype, video and audio conference or telephonically.”

The new orders are in play as Florida coronavirus infections spike. By Thursday, the state Health Department reported 390 cases, including 178 in South Florida. Testing expanded with the opening of drive-thru centers, but appointments or doctor’s prescriptions were required.

Read the Southern District of Florida order: 

Read the state administrative order: