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Tag Archives: Civil

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

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 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 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

MESSAGE FROM THE BCBA PRESIDENT

I am happy to report that Governor Murphy has recently signed into law A.3903 as amended, which allows notaries, attorneys, and other officials in New Jersey to perform notarial acts remotely using technology. The legislation is now in effect and will remain in effect throughout the duration of the COVID-19 health emergency.

The Association recognized the importance of this legislation many weeks ago and has been working with Bergen County’s Senate Delegation and the State’s Division of Revenue to encourage it’s adoption. Our Officers and Board of Trustees held its first video conference meeting last week to approve my letter urging our legislative representatives to approve the bill.

This law will now enable many of our members to effectively represent the vital interests of their clients in a variety of practice areas. Though we had urged a sunset period to coincide with the COVID-19 public health emergency, the revised legislation still requires recordings of notarial acts to be retained for ten years. I urge BCBA members to review the legislation and let us know if further refinement is necessary to otherwise effectuate its intent during the COVID-19 public health emergency. A copy of the approved legislation is attached for your information.

Please stay safe and healthy.

Warmest personal regards,
Joe”

Assembly, No. 3903_STATE OF NEW JERSEY 1R.pdf

SUPREME COURT OF NEW JERSEY

     The New Jersey Department of Health (NJ DOH) and the Centers for Disease Control and Prevention (CDC) have recommended taking all possible steps to avoid person-to person contact during the COVID-19 coronavirus pandemic.

The Judiciary continues to follow the guidance of the NJ DOH and CDC by modifying and relaxing court operations to minimize the risk of spreading the COVID-19 virus.

Accordingly, it is ORDERED that effective immediately and until further order, pursuant to NJ. Const., Art. VI, sec. 2, par. 3, the provisions of Rule 4:4- 4(a)(7) of the Rules Governing the Courts of the State of New Jersey are relaxed and supplemented so as to permit electronic service of process by email on the State of New Jersey.

For the Court,

/s/ Stuart Rabner

Chief Justice

Dated: April 7, 2020

Order – COVID-19 – Permitting Electronic Service by Email on the State of New Jersey – Relaxation of Rule 4_4-4(a)(7).pdf

NOTICE TO THE BAR

     As you know, there are currently no in-person court proceedings, except for limited emergent matters, because of concerns related to COVID-19. The most up to date information about the Judiciary can be found online at njcourts.gov. In the event you have an emergent matter in the Bergen Vicinage please call our main telephone number (201) 221-0700.

For Family Division matters per docket type please use the following extensions:

  • DV Matters – 25168
  • FM Matters – 25237
  • FJ Matters – 25205
  • CIC Matters – 25216
  • For Criminal Division Trial matters please call either extension 25007 or 25008.
  • For Pretrial matters call extension 25009.
  • For Civil Division matters please use the following extensions: 25722
  • For Child Support matters, please call (877) 655-4371.
  • For the Finance Division please call extension 25135 or 25136.

These extensions are being constantly monitored. In the event you leave a voice mail message, you will receive a call back from staff.

Please know that you can continue to utilize eCourts for most divisions and you can still mail documents to the courthouse. If you need to drop off documents, there is a drop box in the lobby of the Court Street entrance located in front of the security office. Documents are picked up a few times a day from the drop box.

Dated: April 7, 2020

/s/ Laura Simoldoni

Trial Court Administrator

Notice to the Bar.pdf

The Civil Division continues to operate although the Courthouse is closed to the public. The Division staff has been directed to work remotely. eCourts is fully functional, and the Bar is not restricted from filing and opposing motions timely. The Bar is directed to the Supreme Court’s instructions as to the status of courtesy copies. All civil judges will be adjudicating motions on 4/9/20, and are conducting oral argument telephonically; some remotely, some from their courtrooms.

The digital drop box established by the AOC is designed for Divisions not fully integrated into eCourts, and litigants without access to eCourts. Therefore, the emergent digital dropbox is not to be used for cases in the eCourts system.

Judge Monaghan is conducting Special Civil Part matters as much as practical, and is initiating settlement conferences by affirmatively reaching out to counsel in that Division. Law Division judges are actively engaged in settlement conferences on cases expected to be listed for trial in April, as well as cases listed for pretrial settlement conferences. Counsel are encouraged to be responsive to those calls from the court. Counsel are encouraged to initiate settlement discussions among themselves, and are free to seek assistance from civil division judges.

Civil Commitments hearings are proceeding using remote technology, on 4/9/20, and beyond.

COVID-19 CORONAVIRUS – SUPREME COURT’S MARCH 27, 2020 OMNIBUS ORDER CONTINUING THE SUSPENSION OF COURT PROCEEDINGS AND EXTENDING DEADLINES AND TIMEFRAMES THROUGH APRIL 26, 2020

The Supreme Court on March 27, 2020 issued an omnibus order regarding the Judiciary’s response to the COVID-19 Coronavirus public health crisis.

Over the past few weeks, the Court entered a series of orders and notices suspending certain court proceedings, extending deadlines, and tolling time periods because of the practical impossibility of continuing business as usual during this unprecedented emergency caused by the COVID-19 pandemic. The omnibus order extends numerous of those provisions – including the suspension of jury trials, Landlord/Tenant calendars, and all Municipal Court sessions – through April 26, 2020.

In addition to those continuations, the Court’s March 27 Order also takes a number of new steps. In Civil matters, the Order extends deadlines to additional areas, including for filing affidavits of merit in medical and professional malpractice cases and various types of discovery, and it tolls time periods for lack of prosecution dismissals and discovery end dates. Read More

SUPREME COURT OF NEW JERSEY

In response to the growing public health crisis worldwide and in this state involving the COVID-19 coronavirus, the New Jersey Judiciary has implemented various modifications to court operations, including an ongoing transition to video and phone proceedings instead of in-person appearances and related measures intended to minimize in-person contact and adhere to crucial social distancing measures recommended by the New Jersey Department of Health (“NJ DOH”) and the Centers for Disease Control (“CDC”).

In conjunction with those operational changes, the Court has entered a series of orders suspending certain court proceedings, extending deadlines, and tolling time periods because of the practical impossibility of continuing business as usual during this public health crisis. Since the entry of those orders and notices, the effect of the COVID-19 corona virus has continued to increase exponentially, prompting emergency declarations at the national, -state, and county levels, and further disrupting the practice of law and the normal operations of the courts. The Court has reviewed its interim measures and determined that, in the interest of justice, the effective periods must be extended based on current restrictions on movement and activity recommended by the NJ DOH and CDC, as well as provisions of Executive Order 107 (March 21, 2020). Read More