NOTICE TO THE BAR

January 29, 2021

Unscheduled Closings and Delayed Openings for the Supreme Court, Appellate Division, Tax Court, County Courthouses, and the Administrative Office of the Courts

Decisions to close or delay openings are made separately for each courthouse and are based on local weather conditions. Delayed openings sometimes become closings, and sometimes courthouses close early if the weather warrants. For these updates, follow the courts on Twitter, sign up for text messages, or go to The New Jersey Judiciary website at NJCOURTS.GOV  https://www.njcourts.gov/courts/closings.html

On the bottom of the NJCOURTS.GOV webpage are a number of icons that you may select to obtain court information from a variety of social media sources such as Twitter and Rave alerts.  The best method to receive immediate unscheduled closing information is to sign up for Rave text messages at https://www.getrave.com/login/judiciary-state-nj-us

For Municipal Courts, please check with your local municipal court for closing information. Below are two the links to use for the municipal courts https://njcourts.gov/courts/closings.html  or https://njcourts.gov/courts/closingsmuni.html

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.

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As announced in the October 20, 2020 notice to the bar, the Judiciary through its Diversity, Inclusion, and Community Engagement Program will offer a series of real-time virtual courses on implicit bias and elimination of bias throughout calendar year 2021. These courses provide one option for attorneys to fulfill the requirement established by the Supreme Court’s amendment to Rule 1:42-1 (“Continuing Legal Education Required”) and CLE regulations 103:1 and 201:1 to require diversity, inclusion, and elimination of bias training for attorneys licensed in New Jersey. They will be offered at no cost to the attendees.

The Judiciary will present the initial such course – “Tools for Advancing Equity: Engaging in the Elimination of Bias” (2.0 CLE credits) – at least once each month during 2021, as follows:

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Our criminal part judges continue to handle criminal matters by utilizing technology to enable the parties to appear remotely.

I have assigned our criminal part judges to handle emergent matters for the months of March and April, 2021 as set forth in the schedule listed below. Of course, this schedule is subject to any Phase changes that may be implemented.

The schedule is as follows: Read More

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

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

 

Our Criminal-Part Judges continue to handle matters by handle criminal matters by utilizing technology to enable the parties to appear remotely.

I have assigned our criminal part judges to handle emergent matters for the months of January and February, 2021 as set forth in the schedule list below. Of course, this schedule is subject to any Phase changes that may be implemented.

Read More

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: Comments.Mailbox@njcourts.gov

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

Notice – Proposal for Virtual Civil Jury Trials During COVID-19 – Publication for Comment – 11-25-20.pdf

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 civilwebsites.mbx@njcourts.gov.

Supplement to Directive #20-20 – Special Civil Part – Landlord_Tenant Matters During COVID-19 – CARES Act Compliance Certifications.pdf