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Category Archives: Covid-19 Notices

NOTICE: Motion Calendar Changes

Author By J.G.Posted on

The new clerks will begin their 53 weeks of service on August 25th.  There will be overlap of law clerks from August 25th to August 31st.

Due to the change in the date for the Bar Examination, now October 5th and 6th, the new clerks will be off from September 28th through October 2nd  to study and the additional two days for the exam on October  5th and 6th.

Because the rescheduling of the Bar impacts motion calendars, the motion calendars will be adjusted as follows:

Original Dates         New Dates

August 7th                     August 7th to remain the same

August 21st                   August 28th to allow for a motion day overlap

September 4th             September 11th to allow new clerks to prepare 1st motion calendar

September 18th           September 25th

October 2nd                 October 16th to allow law clerks to study and take the exam

October 30th               October 30th to remain the same

NOTICE: Update on Court Operations During Phase 2 of the Supreme Court’s Post-Pandemic Plan

Author By J.G.Posted on

The Supreme Court’s Post-Pandemic Plan (issued June 10, 2020) outlines 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). This notice provides additional guidance on current and future court operations, including as to ongoing monitoring and potential responses to statewide and local COVID-19 trends.

(1) On-Site Presence and In-Person Events

The Court’s Post-Pandemic Plan summarizes the phases of the gradual return to court facilities and in-person services as follows:

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NOTICE: Additional Streamlined Content Following the August 3rd Notice

Author By J.G.Posted on

Jury Operations During COVID-19 – (1) Supporting State Grand Jury; (2) Expanding Virtual Grand Jury Operations; and (3) Resuming Jury Trials

The Supreme Court has authorized various temporary modifications to jury protocols during the ongoing COVID-19 pandemic. Successful implementation of those interim adjustments is critical to resuming and maintaining comprehensive court services during Phase 2 of the Judiciary’s Post-Pandemic Plan and during the future transition to Phase 3.

(1) State Grand Jury (SGJ) (Maintenance)

As anticipated at the outset of the virtual grand jury pilot program, the Court authorized expansion to State Grand Jury (in addition to the initial county-level programs in Bergen and Mercer). The Judiciary is continuing to work closely with Attorney General staff in the Division of Criminal Justice (DCJ) to prepare the two existing State Grand Jury (SGJ) panels to convene virtually.

Technology has been distributed to the jurors on both panels as
needed. Vicinage IT staff has completed Zoom onboarding so that all jurors (those using their own devices and those using Judiciary-provided technology) are ready to proceed in the virtual format.

(2) Virtual Grand Jury Selection (Expansion)

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NOTICE: COVID-19 Statewide Policy Regarding COVID-19 Exposure Risks in Judiciary Facilities

Author By J.G.Posted on

The New Jersey courts are committed to following public health guidance and supporting the health and safety of attorneys, litigants, members of the public, judges, court staff, and all persons in Judiciary facilities. To that end, the Judiciary has established a statewide policy for handling COVID-19 exposure risks in courthouses and court facilities. This notice is being issued on behalf of the Chief Justice and the Administrative Director. The policy set forth herein applies to the Supreme Court, Appellate Division, Tax Court, and trial divisions of the Superior Court. For Municipal Courts, the municipality has responsibility for enforcing public health protocols regarding COVID-19 cases.

A. The Judiciary has implemented and will continue to enforce policies that minimize risks of potential exposure to COVID-19 in court facilities.

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NOTICE: Family – Domestic Violence Temporary Restraining Orders – Procedure for Taking Applications Remotely

Author By J.G.Posted on

The New Jersey courts are continuing to support comprehensive court services during the COVID-19 pandemic, including for individuals seeking protection from domestic violence. Consistent with the Supreme Court’s July 24, 2020 Seventh Omnibus Order, domestic violence temporary restraining order (TRO) applications will be accepted in person with or without a prior appointment. Effective August 3, 2020, plaintiffs also can contact the Family Division by telephone during normal court hours to apply for the entry of a TRO.

Plaintiffs who contact their local police department after Superior Court hours will continue to be assisted by law enforcement with the filing of their TRO application and be heard by a Municipal Court judge. Additionally, if law enforcement issues a complaint-summons to a domestic violence defendant, or contacts the Municipal Court to request a complaint-warrant, plaintiffs should be afforded the opportunity to apply for a TRO at the same time, with the assistance of law enforcement, even if this occurred when the Superior Court is open. These TRO applications that are submitted with a complaint-warrant or a complaint-summons should be heard by a Municipal Court judge, even during Superior Court hours.

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NOTICE: Special Civil Part – Landlord/Tenant Matters During COVID-19

Author By J.G.Posted on

***Disclaimer – The Full Order and All Attachments are attached in the link below for your review.***

As a result of the COVID-19 pandemic, many efforts have been and continue to be made to assist landlords and tenants affected by the public health crisis and remove barriers to justice. The Judiciary is implementing a multifaceted plan for improving the handling of Landlord/Tenant (LT) cases from the outset, including by providing litigants with information and resources. Our primary goal is to assist litigants in resolving their matters, not dispose of cases through trial or default. No party will be pressured into settling their case.

The Judiciary has engaged with tenant advocates as well as landlord representatives to create the attached informational materials that will be distributed to all parties in LT cases. In addition, every vicinage, in coordination with their Diversity, Inclusion and Community Engagement Committees and Ombudsmen, is organizing virtual LT outreach events to provide litigants and others with up to date information on current court operations. Those outreach events, conducted in partnership with key stakeholders, will highlight local community resources that provide legal, financial, and other forms of assistance relating to rental housing and mortgage payments.

This Directive sets forth the requirements of newly implemented LT case management steps, procedures, and forms for (1) service of complaints and conferences; (2) CARES Act certification of compliance; and (3) Order to Show Cause process for LT trials in limited circumstances.

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NOTICE: Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments

Author By J.G.Posted on

The Supreme Court has issued its Seventh Omnibus Order on Court Operations and Legal Practice during the ongoing COVID-19 pandemic. A copy of the Order is attached.

This July 24, 2020 Seventh Omnibus Order continues certain adjustments necessitated during the COVID-19 period, including the prioritization of remote proceedings and permission for electronic signatures, remote depositions, and electronic service on the State of New Jersey. It also concludes certain blanket suspensions and extensions (including as to discovery involving experts, affidavits of merit, relaxation of Rule 4:86 regarding guardianships of incapacitated persons, and depositions and appearances by medical professionals) while permitting extensions based on the facts and circumstances of an individual case.

The July 24, 2020 Seventh Omnibus Order includes the following key provisions:

  • Jury Trials. Authorizing new jury selections and new jury trials starting on or after September 21, 2020, with selections to be conducted in a primarily virtual format and trials to be conducted in person with social distancing, consistent with the Court’s July 22, 2020 Order;
  • Grand Jury. Providing for the virtual selection of new grand jury panels on or after September 21, 2020;
  • Criminal. Continuing excludable time provisions through September 20, 2020;
  • Special Civil Part. Clarifying that Special Civil Part (DC) and Small Claims (SC) proceedings including trials can be conducted remotely with or without consent;
  • Family – Quasi-Criminal. Providing that Family quasi-criminal (FO) trials shall proceed remotely only with the consent of the parties, and in the absence of consent such matters will proceed in person;
  • Family – Domestic Violence. Amending Phase 2 of the Judiciary’s Post Pandemic Plan to allow applicants seeking a domestic violence restraining order to appear at court without an appointment; and
  • Municipal Courts. Confirming that Municipal Court sessions will be conducted primarily using remote technologies, although in limited circumstances in-person sessions may be conducted, including for complex matters such as DWI trials and certain cases involving a consequence of magnitude.

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

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

Acting Administrative Director of the Courts

Dated: July 24, 2020

NOTICE Seventh Omnibus Order on Court Operations and Legal Practice – Concluding Certain General Extensions; Continuing Individualized Adjustments.pdf

NOTICE: Emergent Covid Criminal Judges’ Calendar for August, 2020

Author By J.G.Posted on

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 month of August as set forth in the schedule listed below.  Of course, this schedule is subject to any Phase 3 changes that may be implemented.

The schedule is as follows:

August

3,4 – Judge Kazlau/Judge Wilcox/ Judge Steele

5,6 – Judge Foti/Judge Bachmann/Judge Steele

7 – Judge Vinci/Judge Steele

10 – Judge Catuogno/Judge Wilcox/Judge Sattely

11,12 – Judge Catuogno/Judge McGrogan/Judge Sattely

13,14 – Judge Kazlau/Judge Wilcox/Judge Sattely

17,18 – Judge Foti / Judge Bachmann / Judge Sattely

19,20 – Judge Vinci / Judge Sattely

21,24 – Judge Catuogno / Judge McGrogan / Judge Sattely

25,26 – Judge Kazlau / Judge Wilcox / Judge Sattely

27,28 – Judge Foti / Judge Bachmann

NOTICE: Criminal and Civil Jury Trials to Resume Incrementally Using a Hybrid Process With Virtual (Video) Jury Selection and Socially Distanced In-Person Trials

Author By J.G.Posted on

The Full Order and Notice is attached below for your convenience.

The Supreme Court has authorized the incremental resumption of new Civil and Criminal jury trials, which have been suspended for more than four months because of the ongoing COVID-19 pandemic. Attached to this notice are the Court’s July 22, 2020 Order and the Report on Resuming Jury Trials.

Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem will be the first Vicinages to resume certain jury trials, beginning with Criminal trials involving a single detained defendant. Over the coming months, trials will gradually resume in all counties and will expand to include Civil as well as Criminal cases.

Overview

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NOTICE: Landlord/Tenant Pre-Settlement Conference Instructions

Author By J.G.Posted on

On July 14, 2020, the Supreme Court issued an Order requiring certain procedures to support the resumption of landlord/tenant case processing during the ongoing COVID-19 crisis. The Order requires the courts to schedule conferences to obtain or confirm contact information from the parties and to conduct settlement negotiations in an effort to resolve matters while landlord/tenant trials continue to be suspended. Complaints subject to the CARES Act filed between March 27, 2020 and July 24, 2020 will be dismissed.

In order to ensure settlement conferences will address only appropriate active cases, Landlords shall do the following:

  • CARES Act Cases:  Voluntarily dismiss without prejudice any landlord/tenant case subject to the CARES Act that was filed between March 27, 2020 and July 24, 2020.
  • NON-CARES Act Cases: Advise the Clerk’s office at (201) 221-0700 ext. 25310 of all cases that have been settled or voluntarily dismissed.
  • Communications regarding dismissals shall be filed via JEDS.

Upcoming Landlord/Tenant Virtual Informational Conference

Bergen County Vicinage wishes to announce it will be conducting a Landlord Tenant Virtual Informational Conference that will be open to the public to discuss dispute resolution processes and various services available to Bergen County residents with a special focus on resources for landlords and tenants. Additional information will be forthcoming prior to the scheduling of the conference.

/s/ Hon. Joseph G. Monaghan, J.S.C.

 

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