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Category Archives: Bergen County Bar Association

NOTICE: DIRECTIVE #12-20 – Principles and Protocols for Virtual Court Operations During the COVID-19 Pandemic

Author By J.G.Posted on

RE: Principles and Protocols for Virtual Court Operations During the COVID-19 Coronavirus Pandemic – (1) Methods of Conducting Remote Court Events; (2) Access to the Public Record; and (3) Posting of Events Guidance 

By Order dated April 20, 2020, the Supreme Court reinforced our commitment to continuing the operations of the courts during the COVID-19 Coronavirus pandemic. This directive implements the Court’s Order and establishes guiding principles for when and how remote court events will be conducted, including which events will by default be livestreamed and which will require individualized permission for real-time participation or viewing. Consistent with our policy of transparency and public access, we will continue to provide access to video recordings, audio recordings, and written transcripts upon request.

Guiding Principles for Sustaining Court Functions During the COVID-19 Crisis

The protocols outlined in this directive, including the recommendations for each division of the Superior Court (Civil, Criminal, Family, General Equity, Probate, Special Civil, Municipal) reflect our ongoing efforts to balance the rights and responsibilities involved in continuing court operations in a virtual rather than in-person format. These principles are as follows: Read More

NOTICE: DIRECTIVE #11-20 – Supreme Court Guidelines on Media Access and Electronic Devices in the Courts

Author By J.G.Posted on

This directive promulgates the attached Supreme Court Guidelines on Media Access and Electronic Devices in the Courts (“Guidelines”), as approved by the Supreme Court to be effective immediately. The Guidelines supersede the Supreme Court Guidelines on Electronic Devices in the Courtroom promulgated by Directive #08-14 ( effective February 2, 2015, as supplemented on January 28, 2015).

The updated Guidelines are founded on the premise that any attempt to define media access in and around courthouses – and to regulate access to and use of electronic devices by court users – must bridge the gap between media access concerns and court security considerations.

Please follow the link below and read the one of the recent directive from the Supreme Court of New Jersey in regards to the recent guidelines on media access and electronic devices in the courts.

Directive #11-20 – Supreme Court Guidelines on Media Access and Electronic Devices in the Courts.pdf

 

NOTICE: Status Update from Bergen County Assignment Judge Bonnie J. Mizdol

Author By J.G.Posted on

NOTICE TO THE BAR

Last Thursday, April 16th, 2020, I participated in a Zoom Bench-Bar Meeting with your President, Joseph Maurice, Executive Director, Frank O’Marra, and the Chairs of your Civil, Family, Chancery, Criminal and Municipal Practice Committees.

My goal was to provide information about the new way we are doing the court’s business during the COVID-19 pandemic. During the meeting, I listened intently to the concerns of the Bergen Bar and am hopeful that I allayed some fears.   I wanted to reinforce that most court proceedings continue to be conducted remotely using video and/or phone options.

Just this morning, our Chief Justice issued a new Omnibus Order restating the judiciary’s commitment “to supporting court operations in a virtual format to the greatest extent possible, subject to constitutional considerations and the limitations of our finite resources.”  The Order speaks for itself, but provides that no civil or criminal jury trials will be conducted until further notice, that grand juries are suspended through May 31, 2020, as are Landlord/Tenant calendars and lockouts. Read More

NOTICE: Second Omnibus Order on Court Operations and Legal Practice

Author By J.G.Posted on

NOTICE TO THE BAR

COVID-19 – SECOND OMNIBUS ORDER ON COURT OPERATIONS AND LEGAL PRACTICE – MORE OPERATIONS TO BE CONDUCTED REMOTELY; LIMITED DISCOVERY EXTENSIONS AND TOLLING PERIODS

The New Jersey Courts are committed to continuing court operations during and after the COVID-19 public health emergency. To that end, the Supreme Court announced the next phase of remote court operations and legal practice.

Please follow the link below and read the Second Omnibus Order from the Supreme Court of New Jersey relating to the status of continuing court operations and legal practice during the COVID-19 public health emergency.

Notice and Order – COVID-19 – Second Omnibus Order on Court Operations and Legal Practice – As Signed – 04-24-20.pdf

NOTICE: Conducting Matrimonial Early Settlement Panel (MESPs) by Telephone or Video – Updated Instructions and Guidance

Author By J.G.Posted on

The March 31, 2020 Notice to the Bar advised that Matrimonial Early Settlement Panel (MESP) events would resume using video or telephone technology, rather than in-person sessions, beginning the week of April 27, 2020. That notice included a number of steps to be taken to ensure the scheduling and conducting of these remote MESP sessions. Those steps have since been revised. Accordingly, the following steps replace the steps set forth in the March 31 notice: Read More

NOTICE: Guidance on Remote Proceedings in the Trial Courts, Observing Court Events, Obtaining Video Records, and Court Authority to Suspend the Commencement of Certain Custodial Terms

Author By J.G.Posted on

Please follow the link below and read the attached notice below from the Supreme Court of New Jersey in regards to guidelines on remote proceedings in the Trial Courts, obtaining audio and video records, and the extent of the court’s authority to suspend the commencement of certain custodial terms.

4-20-2020 New Jersey Supreme Court Notice.pdf

NOTICE: Civil Arbitration – Conducting Arbitrations By Video or Telephone

Author By J.G.Posted on

NOTICE TO THE BAR

     In its March 27, 2020 Omnibus Order, the Supreme Court continued the postponement of all Civil Arbitration sessions through April 26, 2020. Beginning April 27, 2020, all counties will begin scheduling arbitrations, which will be conducted remotely. This notices provides guidance on how to conduct remote arbitration events either by video or by telephone.

The following steps should be taken to ensure that arbitration sessions are scheduled and conducted remotely, using technology as agreed upon by the participants and the arbitrator(s). Vicinages are encouraged to follow these procedures, but may deviate with the approval of the Assignment Judge or designee. Read More

NOTICE: Deadline Extensions and Tolling Periods in the Appellate Division Related to COVID-19

Author By J.G.Posted on

NOTICE TO THE BAR

The Supreme Court Omnibus Order on COVID-19 issues, entered March 27, 2020, in response to the growing health crisis worldwide involving the COVID-19 coronavirus, affirmed, continued, or supplemented provisions established in a series of prior orders, including the Court’s prior March 17, 2020 Order, which were necessitated as part of the Judiciary’s response to the COVID-19 pandemic. The Omnibus Order extended a number of deadlines and tolled time periods. This notice provides guidance as to the effect of the Omnibus Order on specific Appellate Division practices and procedures. Read More

Tax Matters

Author By Scott H. Novak, Esq.,Co-Chair, Tax Law CommitteePosted on

Tax Deadlines and the Pandemic

Strange world we’re living in at the moment. As a public service, the Tax Law Committee would like to set forth what the IRS has done recently with regard to tax deadlines in the face of the pandemic. Here they are:

Filing and paying deadline: For all taxpayers who file and pay their income taxes by April 15, the new deadline is July 15. This applies to all individual returns, trusts and corporations. No extension request is necessary. If you cannot file by July 15, file a Form 4868 to get an
extension to October 15. Remember – getting an extension to file does not extend the time to pay, which will remain at July 15. There is a limit on how much can be deferred: up to $1 million for individuals and $10 million for corporations.

Read More

NOTICE: Clarifying that Prior Orders Extending Deadlines and Tolling Time Periods Did Not Apply to Pretrial Detention Appeals

Author By J.G.Posted on

SUPREME COURT OF NEW JERSEY

     In response to the ongoing COVID-19 coronavirus pandemic and the need to adhere to crucial social distancing measures recommended by the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”), the Court has entered orders, including Orders dated March 17, 2020 and March 27, 2020 (“Omnibus Order”), that inter alia extended deadlines and tolled time periods.

This Order is to clarify that the Court’s extension of deadlines and tolling of time periods as set forth in those earlier orders did not apply to pretrial detention filings, including appeals filed pursuant to Rule 2:9-13 (“Appeals from Orders Granting Pretrial Detention”), responses to those appeals, and motions for leave to appeal pursuant to Rule 2:5-6 (“Appeals from Interlocutory Orders, Decisions and Actions”).

To the extent that a party may have interpreted the tolling provisions of prior orders otherwise, that party may pursue an appeal and submit an accompanying motion to file as within time.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: April 9, 2020

Order – COVID-19 – Clarifying That Prior Orders Extending Deadlines and Tolling Time Periods Did Not Apply to Pretrial Detention Appeals.pdf

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