New York Court System Plans to Relax Coronavirus Restrictions
The memorandum states the ban on filing new nonessential matters will continue, but the system will move to open up remote access for nonessential cases that are pending.
April 09, 2020 at 03:22 PM
4 minute read
New York's court system plans to thaw out its coronavirus restrictions, saying it will take initial steps to open up the courts for pending nonessential cases starting Monday.
Chief Administrative Judge Lawrence Marks made the announcement in a memorandum this week to trial court judges and justices. The state court system shut down all nonessential services last month in a pitch to help slow the spread of the coronavirus.
The decision mirrored moves from other institutions to cut down on in-person interactions that can spread the coronavirus, which is tied to more than 7,000 deaths in New York as of Thursday, according to state figures.
Marks' memorandum, issued Tuesday, states the ban on filing new nonessential matters will continue, but the system will move to open up remote access for nonessential cases that are pending.
"This means that judges should review their case inventories to identify cases in which court conferences can be helpful in advancing the progress of the case, including achieving a resolution of the case," according to the memorandum.
Marks wrote that conferences can be scheduled by judges at the request of lawyers, and judges can be available to address discovery disputes and other issues.
The memorandum specifies that conferences would need to be held remotely, either by phone or via Skype.
State court spokesman Lucian Chalfen said Thursday the memorandum applies to both criminal and civil cases, but there will not be any new jury trials. It remains unclear when new voir dire or new jury trials would be permitted, he said.
Officials reported this week that virtual court operations were in effect statewide, meaning that court proceedings could be conducted remotely.
New York Chief Judge Janet DiFiore said in a video statement that the virtual court system has significantly cut down on the number of people in courthouses.
New York state continues to see a record number of new coronavirus deaths, with state officials on Thursday reporting 799 new deaths. Despite the grim death figures, officials say there are optimistic signs on the virus' trend.
Gov. Andrew Cuomo said Thursday the hospitalization rate appears to be coming down, one sign that New York is "flattening the curve" and reducing pressure on a health care system already stretched thin combating the virus.
"The flattening of the curve last night happened because of what we did yesterday and the day before and the day before that," he said. "This is all a direct consequence to our actions."
New York state has issued orders requiring all nonessential workers to stay home and restrictions that sharply curtail gatherings.
Now with the virtual court system in place, Marks wrote in the memorandum that they are turning their attention to the nonessential matters. He said those topics account for the "vast bulk" of trial court caseloads.
"Other steps will be taken in the weeks ahead to further increase access to justice in non-essential matters," he wrote in the memorandum. "And you will be hearing more from us as that planning proceeds."
Read the memorandum:
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllRetired Judge Susan Cacace Elected Westchester DA in Win for Democrats
In Eric Adams Case and Other Corruption Matters, Prosecutors Seem Bent on Pushing Boundaries of Their Already Awesome Power
5 minute readEric Adams Trial Set for April as Defense Urges Dismissal of Bribery Count
Trending Stories
- 1Nevada Supreme Court to Decide Fate of Groundbreaking Contingency Cap Ballot Measure
- 2OpenAI Tells Court It Will Seek to Consolidate Copyright Suits Under MDL
- 34th Circuit Allows State Felon Voting Ban Challenge to Go Forward
- 4Class Actions Claim Progressive Undervalues Totaled Cars
- 5How the Trump II Administration Can Combat Antisemitism
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250