Category Archives: Chancery

The Supreme Court in its April 20, 2020 Order reaffirmed that court operations would continue in a remote format to the greatest extent practicable, subject to narrow exceptions. That continues to be the case.

The Court in the attached February 22, 2021 Order has refined one provision of that April 20, 2020 Order. As provided in that order, certain matters with especially serious or permanent consequences or penalties still can be conducted remotely only with the consent of all parties. However, the consent of a party will not be required if the party is absent and unreachable.

Directive #06-21 (“COVID-19 – Protocol for Matters that Cannot Proceed in a Remote Format Without Consent – In Furtherance of the Supreme Court’s Orders Dated April 20, 2020 and February 22, 2021”), dated February 23, 2021 and published separately, provides guidance as to matters that can proceed remotely only with the consent of the parties. The directive provides a step-by-step protocol (1) to memorialize on the record a party’s objection to proceeding remotely, or the inability of counsel to ascertain a party’s position; (2) to provide notice to the parties, attorneys, and other participants when a matter is scheduled for an in-person court event based on an objection to proceeding remotely; and (3) to provide an opportunity for participants to request individual adjustments and accommodations that will enable the scheduled court event to proceed. Directive #06-21 also promulgates model certifications and an exemplar Order Scheduling In-Person Hearing, for use in accordance with the Court’s February 22, 2021 Order.

Questions about this notice, the Court’s February 22, 2021 Order, or Directive #06-21 may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: February 23, 2021

NOTICE Refinement of Court Matters That Can Proceed Remotely.pdf

The Supreme Court has issued the attached Tenth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic.

This February 17, 2021 Tenth Omnibus Order extends pre-indictment excludable time for defendants committed to county jail before March 16, 2020 through March 31, 2021. It also extends post-indictment excludable time for the additional period from March 1, 2021 through March 31, 2021. The February 17, 2021 Tenth Omnibus Order continues other provisions of earlier Orders.

Questions about this notice or the Court’s Tenth Omnibus Order may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: February 17, 2021

NOTICE COVID-19 Tenth Omnibus Order on Courthouse Operations and Legal Practice.pdf

Nurses, doctors, and other healthcare workers are providing critical frontline care as New Jersey battles a second wave of the COVID-19 pandemic. Accordingly, the Supreme Court has reinstated the suspension of requirements for healthcare professionals involved in responding to COVID-19 to appear for depositions or court proceedings, except for appearances and depositions (i) that are requested by the doctor, nurse, or healthcare professional; or (ii) that are for matters related to COVID-19. The Court’s December 8, 2020 Order is attached.

Questions may be directed to the Office of the Administrative Director of the Courts at (609) 376-3000.

/s/ Hon. Glenn A. Grant, J.A.D.

Acting Administrative Director of the Courts

Dated: December 8, 2020

Notice and Order – COVID-19 – Healthcare Professionals Involved in Pandemic Response Not Required to Submit to Depositions or Appear for Other Court Events.pdf

 

The New Jersey courts are continuing to provide comprehensive court services at all state court locations and the Administrative Office of the Courts.

As we have for the past eight months, courts at all levels are following a “remote first” approach to court proceedings and court events. Accordingly, matters that can be conducted remotely will continue to be done remotely, and certain matters that cannot be handled in a remote format will be conducted in person.

All State Courts Will Continue to Support Emergent and Critical Functions, Which May be Conducted in Person When Necessary

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The Supreme Court has issued the attached Ninth Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. ***A copy of the Full Order is attached below for your convenience.***

This October 8, 2020 Ninth Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote or socially distanced depositions, and electronic service on the State of New Jersey. It also includes substantive changes designed to ensure that defendants detained without indictment promptly will have their cases presented to grand juries. To that end, the October 8, 2020 Ninth Omnibus Order includes the following new or updated provisions:

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The Supreme Court’s Post-Pandemic Plan (issued June 10, 2020) outlined in general terms the transition from Phase 1 (fully remote operations) to Phase 2 (incremental return of limited numbers of judges and court staff to Judiciary facilities). Based on current public health recommendations and COVID-19 trends, the New Jersey courts will be expanding the scope of on-site court events, including for new jury trials, but without transitioning fully to Phase 3 as previously anticipated. For lack of a better description, the courts are now moving to “Phase 2.5.” This notice provides additional guidance as to events that may under appropriate circumstances be conducted on-site even while our court system overall continues to follow a “remote first” model.

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