In response to the ongoing COVID-19 public health emergency, the Supreme Court suspended landlord/tenant (LT) trials and authorized pretrial/settlement conferences with specially trained, neutral parties to assist litigants in resolving eviction complaints. In its September 30, 2020 Order, the Court authorized three additional categories of individuals (in addition to trained Judiciary staff and others) to assist as settlors in LT matters. This memo sets forth the training requirements for these settlors.
NOTICE TO THE BAR
COVID-19 – VIRTUAL CIVIL JURY TRIALS
The Supreme Court has authorized a two-phase approach to implementing virtual civil jury trials during the ongoing COVID-19 pandemic. The Court’s January 7, 2021 Order provides for virtual civil jury trials to begin in five vicinages on or after February 1, 2021, with consent required during the initial implementation. As of April 5, 2021, virtual civil jury trials will expand to all counties with no requirement of consent.
The Court’s approved plan for virtual civil jury trials incorporates suggestions from various stakeholder organizations, including the New Jersey State Bar Association, New Jersey Association for Justice, New Jersey Defense Association, Trial Attorneys of New Jersey, County Bar Associations, and many individual attorneys. Read More
Closure of the courthouse was left in the discretion of Assignment Judge. Judge Mizdol has determined that the Bergen Courthouse will NOT have a delayed opening today, December 17th, but will be closed. There will be no Zoom proceedings today.
Staff will work on non court events remotely.
This notice is sent to clarify any differing posting on NJ Courts website.
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
The Supreme Court invites written comments on the attached proposal for virtual civil jury trials during the ongoing COVID-19 pandemic.
The Judiciary’s Post-Pandemic Planning Committee on Resuming Jury Trials developed the proposal with discussion and detailed written input from members of the Working Group on COVID-19 Jury Operations, including the New Jersey State Bar Association, the New Jersey Association for Justice, the New Jersey Defense Association, and the Division of Law in the Department of Law and Public Safety. While those stakeholders universally supported some variety of virtual civil jury trials, each made individual suggestions that are to varying extents consistent with and different than the final recommendations as attached. The Court is considering the option of virtual civil jury trials as one way of supporting comprehensive court services while in-person events remain curtailed because of the COVID-19 virus.
Please send any comments on the proposal for virtual civil jury trials in writing by Wednesday, December 16, 2020 to:
Glenn A. Grant, J.A.D. Acting Administrative Director of the Courts Comments on Proposal for Virtual Civil Jury Trials Hughes Justice Complex; P.O. Box 037 Trenton, New Jersey 08625-0037
Comments may also be submitted via email to: [email protected]
The Supreme Court will not consider comments submitted anonymously. Thus, those submitting comments by mail should include their name and address (and those submitting comments by email should include their name and email address). Comments are subject to public disclosure upon receipt.
/s/ Hon. Glenn A. Grant, J.A.D.
Acting Administrative Director of the Courts
Dated: November 25, 2020
In order to ensure that complaints against residential tenants for nonpayment of rent comply with the Federal Coronavirus Aid, Relief, and Economic Security (CARES Act), 15 U.S.C. 9001 et seq., the Supreme Court in its July 14, 2020 Order temporarily relaxed Rule 6:2-2(a) to require plaintiffs/landlords to submit a CARES Act Compliance Certification. That certification must be filed by landlords in all nonpayment of rent cases filed during the CARES Act filing moratorium (March 27, 2020 through and including July 24, 2020, unless otherwise extended) before any pretrial/settlement conferences or trials are scheduled.
On July 28, 2020, Directive #20-20 (“Special Civil Part – Landlord/Tenant Matters During COVID-19”) set forth the requirements of newly implemented landlord/tenant case management steps, procedures, and forms, including a Federal CARES Act Compliance Certification form. (Attachment 6 to Directive #20-20). This Supplement to Directive #20-20 clarifies the procedures to be followed when a landlord fails to submit a CARES Act Compliance Certification in accordance with the Supreme Court’s July 14, 2020 Order.
If a landlord does not file the certification, before a settlement conference is scheduled, Judiciary staff will issue a Clerk’s Notice to the landlord, copying the tenant, advising that the landlord has 10 days from receipt of the notice to file the required certification. The landlord/tenant complaint will be administratively dismissed without prejudice if the certification is not filed within the 10-day period. The case may subsequently be restored to the active trial calendar upon the landlord’s filing of a motion, on notice to the tenant, attaching the completed CARES Act Compliance Certification.
Questions regarding Directive #20-20 or this supplement to that directive should be directed to the Civil Practice Division by phone at (609) 815-2900 x54900 or by email at [email protected].
NOTICE TO THE BAR
November 18, 2020
The Bergen County Special Civil Part has created a protocol for the Filling, Use and/or Submission of Exhibits for Remote DC and SC Court Sessions. The protocol is intended to make the submission of exhibits for remote proceedings consistent, easy and to meet all IT judicial security requirements. *A copy of the full protocol is attached below.*
The Protocol should be followed for all remote trials in which a party intends to submit evidentiary exhibits. Please note that this is a general protocol. Individuals judges reserve the right to request submissions in a manner they deem appropriate on a case by case basis.
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
The Supreme Court has immediately suspended new in-person jury trials and in-person grand jury sessions because of the second wave of the COVID-19 pandemic. The Court’s November 16, 2020 Order (attached) is effective immediately and until further order.
Consistent with the Court’s October 8, 2020 Ninth Omnibus Order, virtual grand juries have been established in all counties. Existing virtual panels will continue to meet in a virtual format, and in-person panels also may be converted to convene virtually subject to the Judiciary providing technology and training as necessary to support all jurors in participating in virtual sessions. The end-dates for excludable time each have been extended by 45 days beyond the dates set in the October 8, 2020 Ninth Omnibus Order.
The New Jersey Courts will continue to operate in a primarily remote format with limited numbers of judges and court employees on-site and very few court events handled in person.
Questions about this notice 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: November 16, 2020
***A copy of the full order is attached below.***
The Supreme Court has relaxed Rule 1:40-12(a)(4) (“Special Civil Part Settlors”) so as to expand resources for settling landlord/tenant matters during COVID-19. The Court’s September 30, 2020 Order is attached.
The New Jersey courts have committed to supporting tenants and landlords seeking to resolve eviction matters without trial during the ongoing COVID-19 pandemic. To that end, the Court has relaxed Rule 1:40-12(a)(4) to modify training requirements for individuals willing to serve as settlors for landlord/tenant matters. The Court’s action will supplement the pool of qualified landlord/tenant settlors by engaging certain qualified groups, as follows: