The NC Judicial Branch continues to monitor COVID-19 across the state. In conjunction with the Governor’s Coronavirus Task Force, state public health officials and the NC Department of Emergency Management, Chief Justice Beasley has issued several new orders. The NC Industrial Commission and U.S. Districts Courts have similar orders. We have compiled the pertinent resources here for your convenience.

On April 13, 2020, Chief Justice Beasley’s Order extended filing and other court-related deadlines in trial courts until June 1, 2020.

On April 2, 2020, Chief Justice Beasley’s Order postponed superior court and district court proceedings until June 1, 2020. It also included emergency directives authorizing court proceedings to be conducted by remote audio and video transmissions, allowing service of court documents by email, extending the deadline for payment of most fines and fees by 90 days, and more.

View previously issued emergency steps and orders from the NC Judicial Branch.

On March 27, 2020, the Supreme Court of NC issued an Order extending all appellate court deadlines that fall between March 27 – April 30, 2020 for 60 days.

Check here for the latest updates from the North Carolina Business Court.

Courthouse closings and advisories can be found here and updates specific to each county are being tracked here.

If you have any questions or concerns, please contact one of our litigation attorneys.

 

The North Carolina Industrial Commission

Consistent with Chief Justice Beasley’s recent orders, the Industrial Commission has instituted the following policies for hearings and mediations, effective immediately and continuing through May 31, 2020.

Mediations

Mediations held prior to June 1, 2020, shall be conducted with all parties appearing remotely or, in the alternative, be rescheduled for a date on or after June 1, 2020. If all parties do not consent to appear remotely, then the mediation must be rescheduled for a date on or after June 1, 2020.

Deputy Commissioner Hearings

All Deputy Commissioner hearings scheduled to be heard in April or May of 2020, will be continued on a future docket, with the exception of hearings on medical motions arising under G.S. §97-25(f) or unless the parties are notified otherwise.

Full Commission Hearings

All Full Commission oral arguments will be conducted by conference call. The Full Commission panel chair will provide the parties with a toll-free number and access code to dial into the conference call. All oral arguments that are normally recorded will continue to be recorded by a court reporter.

Executive Secretary Hearings

Consistent with existing procedure, all informal telephonic hearings conducted by the Executive Secretary’s Office will be by conference call.

The Commission also announced that EDFP, EDI and all other Rule 108 filing requirements remain in effect and are essential for efficient operations. More information and guidance on the rule requirements can be found here.

Check here for the latest updates from the Industrial Commission.

If you have any questions or concerns, please contact one of our workers’ compensation attorneys.

 

The United States District Court for the Eastern District of North Carolina

US Eastern District of NC Standing Order re: Restrictions on Visitors to Courthouse
US Eastern District of NC Standing Order re: Operations
US Eastern District of NC Standing Order re: Video Conferencing for Criminal Proceedings
US Eastern District of NC Judicial Preference Order, US Magistrate Judge Robert T. Numbers
US Eastern District of NC Judicial Preference Order, US Magistrate Judge Robert B. Jones, Jr.

All United States Courthouses in the Eastern District of North Carolina will remain open for business, subject to certain limitations and in accordance with the Orders above. All civil and criminal jury trials scheduled to begin on any date from now through May 1, 2020, are continued, to a date to be reset by each presiding judge. All other hearings, conferences, and/or proceedings are subject to the discretion of the individual judge presiding over the proceeding. Individual judges may continue to hold in-person hearings and proceedings, but counsel may seek relief from those matters by appropriate motions. The parties are encouraged to seek to participate in hearings and proceedings by telephone or video as appropriate.

The United States District Court for the Middle District of North Carolina

US Middle District of NC Standing Order re: Restrictions on Visitors to Courthouse
US Middle District of NC Standing Order re: Operations

The Court remains open for official business and will continue operations to the greatest extent possible under the circumstances, but jury trials and many matters requiring in-court hearings before May 4, 2020, have been continued. The above linked Standing Orders outline restrictions for visitors and court operations.

The United States District Court for the Western District of North Carolina

US Western District of NC Standing Order re: Restrictions on Visitors to Courthouse
US Western District of NC General Directive re: Operations
US Western District of NC COVID-19 Administrative Order
All United States Courthouses in the Western District of North Carolina will remain open for business, subject to certain limitations outlined in the Court’s Orders above.

All criminal jury trials scheduled to begin on any date from now through June 1, 2020, are continued, to a date to be reset by each presiding judge. All other hearings,
conferences, and/or proceedings are subject to the discretion of the individual judge presiding over the proceeding. Individual judges may continue to hold in-person hearings and proceedings, but counsel may seek relief from those matters by appropriate motions. The parties may seek to participate in hearings and proceedings by telephone or video as appropriate

If you have any questions or concerns, please contact one of our litigation attorneys.

This update provides general information and does not provide tailored legal advice or establish an attorney-client relationship.