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New York City remains in phase 3. Although Governor Cuomo extended the provision tolling the Statute of Limitations until September 4th, our Litigation/Appellate Department continues to write motions and appeals as if there is no “pause” and when the stay is lifted, we will be ready to “press the button” for you.
Pursuant to an announcement on August 3rd by Chief Judge DiFiore, the court system is making safe and steady progress on the road back to in-person operations, courthouses across the State are beginning to gradually transition back to in-person operations, highlighted by the completion of a suspended murder trial that resumed last week with a jury in the Bronx County Supreme Court
New York City is tracking phase 4 of the State’s economic reopening, particularly in criminal courts. Grand Jury proceedings are set to commence in New York City on August 10th. For lawyers and litigants who cannot appear in person for public health reasons, the Courts are offering and encouraging the use of virtual bench trials. The Courts are launching a “Virtual Summary trial program this week in Bronx, Queens, and Richmond counties, in order to tackle the large inventory of tort cases. Although nearly half of the tort cases referred to virtual ADR have resulted in settlements, for the other half of those cases, the parties will be given the opportunity to consent to a one-day summary bench trial with relaxed rules of evidence, and the lawyers and litigants will be given the option of appearing virtually or in-person.
Due to the recent uptick in Covid-19 cases around the country, the Courts extended COVID screening protocols to all judges and nonjudicial personnel. The screening involves temperature screening upon arrival to the workplace and a daily COVID self-assessment.
A “Commission on the Future of New York Courts” has been formed bringing together experts in the field of law, government, business, technology, and public service to provide guidance on navigating a safe judicial system through this pandemic.
Supreme Courts
In Kings and Queens Counties, both courts have decided to automate the way that discovery conferences are held.
In Kings County, the Court recently announced that there will be no physical in person appearances for the foreseeable future on Preliminary Conferences, Compliance Conferences, The City/TA Discovery Part, Final Conference Part and Final Disposition Part. Preliminary Conferences will be AUTOMATIC effective 7/13/20 and the other parts will accept Consent Orders.
Likewise, in Queens County the Court has directed that Preliminary Conferences and Compliance Conferences will be done by the parties completing a stipulation setting forth all discovery deadlines.
The Supreme Court, Kings County, and the Supreme Court, Bronx County, have extended Note of Issue filing deadlines. Various judges have provided the bar with template conference forms to complete in order to facilitate virtual discovery and conferences. Supreme, Nassau, and Supreme, Suffolk, are well into phase 4 with new protocols for an “In-Person Operations Plan”, which can be found on the Courts’ website.
ALL FOUR DEPARTMENTS OF THE APPELLATE DIVISION ARE ACCEPTING FILINGS:
First Department
The Court is now on summer recess.
Second Department
The Court is now on summer recess.
The Court issued two amended orders regarding new deadlines for the filing of appeals and regarding the digital filing of motions. Both orders can be found on the Court’s website.
Third Department
The Court is now on summer recess.
The Court released an order reinstating and reestablishing briefing deadlines for appeals now due in July, August, and beyond. The new deadlines can be found on the Court’s website.
Fourth Department
The Court is now on summer recess.
The Court extended brief deadlines which can be found on the Court’s website. Deadlines for perfecting appeals after May 22, 2020, remain in place.
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