Coronavirus (COVID-19) in New York City
Last Update: Sunday, May 10, 2020, at 10:28 PM
Update from Sunday, May 10, 2020
SDNY Announces Procedures for Attorney Calls to Inmates
On May 8, 2020, the United States District Court for the Southern District of New York announced a new procedure for placing attorney calls to inmates in the MCC, MDC, and GEO facilities.
**In-Person Visitation Cancelled: In-person visitation has been cancelled due to the COVID-19 pandemic.
Inmates Detained at MCC or MDC:
The Federal Defenders Office has taken responsibility for scheduling attorney calls with inmates at the MDC and MCC only. When your call has been scheduled, you will receive an email from the scheduling email address letting you know the date and time of your call.
Inmates Detained by GEO in Queens, NY:
The Federal Defenders Office is not involved in the process for scheduling calls with inmates detained at the Queens Private Detention Facility managed by GEO.
Update from Thursday, May 7, 2020
The Unified Court System (UCS) delivered a memo to the public explaining the Electronic Document System as part of its expansion due to the pandemic. In addition, todays update will outline the latest Administrative Orders of the Chief Administrative Judge of the Courts, Lawrence K. Marks.
May 4, 2020 – Notice to the Public: Unified Court System Program for Electronic Delivery of Documents:
In response to the COVID-19 public health emergency and the expansion of “virtual” court operations, the Unified Court System has initiated a new program to transmit digitized documents (in PDF format) to UCS courts, County Clerks, and other court-related offices around the State.
Electronic Document Delivery System (“EDDS”)
The Electronic Document Delivery System (“EDDS”) allows users, in a single transaction, to:
- enter basic information about a matter;
- upload one or more pdf documents; and
- send those documents electronically to a court or clerk selected by the user.
Upon receipt of the document(s) by the court, the sender will receive an email notification, together with a unique code that identifies the delivery.
Things to Keep in Mind When Using EDDS:
- EDDS may be used to file papers with certain courts – EDDS can be used to deliver documents for filing with certain courts— including some Family Courts, Criminal Courts, Supreme Court, the Court of Claims, Surrogate’s Courts, and District Courts, and City Courts. (EDDS is not available in the New York City Criminal Court.)
- EDDS is not a substitute for e-filing or NYSCEF – Although EDDS may be used for filing in various courts, it does not replace and may not substitute for filing under the New York State Courts Electronic Filing System (NYSCEF). Therefore, it should not be used in matters where NYSCEF is available on either a mandatory or consensual basis.
- EDDS delivery is not “service” on other parties – Unlike NYSCEF, delivery of a document through EDDS does not constitute service of the document on any other party. If service is required, the sender must serve by some other means.
In sum, EDDS is a document delivery portal that complements the UCS electronic filing system and which, upon completion and together with NYSCEF, will allow remote and immediate delivery of digitized documents throughout the Unified Court System.
May 2, 2020 – Administrative Order of the Chief Administrative Judge of New York:
At the Direction of the Chief Judge, effective immediately and until further order, the following additional procedures and protocols will be in effect in order to mitigate the effects of the COVID-19 public health emergency:
- The court shall not order or compel, for a deposition or other litigation discovery, the personal attendance of physicians or other medical personnel (including administrative personnel) who perform services at a hospital or other medical facility that is active in the treatment of COVID-19 patients. Parties are encouraged to pursue discovery in cooperative fashion to the fullest extent possible.
- The provisions of the above paragraph are authorized on a temporary basis, and will be reviewed and circumscribed promptly at the conclusion of the COVID-19 public health emergency.
May 1, 2020 – Administrative Order of the Chief Administrative Judge of New York:
At the Direction of the Chief Judge, effective May 4, 2020, and until further order, the following additional procedures and protocols will be in effect in order to mitigate the effects of the COVID-19 public health emergency:
- In pending matters, digital copies of the documents listed below shall be accepted for filing purposes by all courts and clerical officers of the Unified Court System (USC) (including County Clerks acting as clerk of the court) when presented for filing though:
- the UCS New York State Courts Electronic Filing (NYSCEF) system;
- the UCS Electronic Document Delivery System (EDDS); or
- such other document delivery method as the Chief Administrative Judge shall approve.
What Documents Will be Accepted for Filing Through the Above Platforms?
The documents that will be accepted for filing purposes include:
- motions, cross-motions, responses, replies and applications (including post-judgement applications);
- notices of appeal and cross-appeal;
- stipulations and discontinuance, stipulations of adjournment, and other stipulations;
- notes of issue; and
- such other papers as the Chief Administrative Judge may direct.
Documents filed through the EDDS system shall be served by electronic mean, including electronic mail or facsimile. Filing fees required for documents filed through the EDDS system shall be paid by credit card or, where credit card payment is unavailable, by check delivered to the appropriate clerk’s office by U.S. Mail or overnight mail service.
In addition, the court shall not request working copies of documents in paper format.
Previous Update Below…
“Next Steps” Memorandum from Chief Administrative Judge of the Courts of New York State – April 7, 2020
On April 7, 2020, the Chief Administrative Judge of the Courts of New York State, Lawrence Marks, released a memo with the subject line “Next Steps” in reference to the novel coronavirus (COVID-19).
This memorandum was a follow-up to the memo released on March 13, 2020, which outlined the procedures to reduce courthouse traffic in New York State (discussed in detail below.)
According to the Chief Administrative Judge, the past two weeks have been spent concentrating all of the efforts in the trial courts on addressing “essential matters.”
What are “Essential Matters?” – A.O. 78/20
“Essential Matters” are delineated in Administrative Order 78/20, issued on March 22, 2020. As of April 6, 2020, “essential” proceedings across the state are all being handled virtually, with judges, attorneys, and most non-judicial staff participating remotely, and with a minimum of staff assigned to courthouse locations.
What About “Non-Essential Matters?”
Non-essential matters “make up the vast bulk of our trial court caseload.”
Below is the plan to address “non-essential matters” outlined by the Chief Administrative Judge of the Courts of New York State, Lawrence Marks, in his memorandum dated April 7, 2020:
“What’s the Plan?” (As of April 7, 2020)
According to the memo, going forward:
- Existing prohibition on the filing of new non-essential matters will continue.
- Starting next Monday, April 13, the Courts will take certain preliminary steps to open up access – remote access – to the courts for “non-essential” pending cases.
“What Does This Mean?”
- This means that judges should review their case inventories to identify cases in which court conferences can be helpful in advancing the progress of the case, including achieving a resolution of the case.
- Judges can also schedule conferences at the request of attorneys, and can be available during normal court hours to address discovery disputes and other ad hoc concerns.
- The conferences will need to be conducted remotely, by Skype or by telephone.
Courts With High Volume Calendar Parts
“Courts that have high-volume calendar parts, such as compliance and trial assignment parts (primarily Supreme Court in New York City and the large downstate suburban counties) are now reviewing existing calendars in those parts and identifying cases on those calendars that can be assigned to judges to conduct remote conferences.”
“[T]he goal is for judges to help advance the progress of the cases and facilitate their resolution.”
Judges Will Resume Deciding Fully Submitted Motions
“This is an ideal time for individual judges to take this opportunity to resolve any backlogs of undecided motions and other matters in their case inventories.”
Previous Update Below…
NYS Courts Electronic Filing (“NYSCEF”)
According to the New York State Unified Court System:
- Non-essential matters will NOT be accepted for filing: Due to the suspension of the civil statutes of limitation by the Governor’s executive order 202.8, and in accordance with administrative order AO/78/20, all court filings, either e-filed or hard copy, that are not essential matters will NOT be accepted.
- NEW cover page REQUIRED for essential matters: With respect to AO/78/20 Exhibit A Section E – “Persons who believe that a specific pending or new matter should be included in the highly restrictive “essential matter” group should apply to the court for this designation by emergency application, including a detailed explanation of the application rationale.“
- Expansion of e-filing: Effective immediately, AO/81A/2020 confirms and extends e-filing programs for consensual use of e-filing to matters set forth in AO/78/20 Exhibit A (and any other matters herein after deemed by the Chief Administrative Judge to be essential proceedings during the coronavirus public health emergency) in all countries currently authorized to file by electronic matters.
NEW COVER PAGE for “Essential Matters”
In order to assist in identifying those matters that are essential and being filed in accordance with AO/78/20 Exhibit A Section E a new cover page has been created which must be filed along with any filing and must either: (1) specify that a court has deemed the matter essential, in which case the filer must indicate the method of prior approval, or (2) that the papers being filed seek such a designation.
Note: According to the NYSCEF, their Resource Center Staff are unable to answer phones at this time.
Previous Update Below…
Courthouse Procedures to Reduce Traffic
On March 13, 2020, the Chief Administrative Judge of the Courts of New York State, Lawrence K. Marks, released a memorandum regarding the novel coronavirus (COVID-19) and procedures to reduce courthouse traffic in New York State.
As part of the ongoing efforts to reduce courthouse traffic to combat the spread of the coronavirus and protect the health and safety of the courthouse workers and the public, and consistent with the recent action taken by Governor Cuomo to limit large public gatherings, the Chief Administrative Judge announced the following measures relating to court proceedings:
Criminal Jury and Jury Trial Matters
Effective Monday, March 16, 2020, criminal jury trials shall continue where jeopardy has attached; no new criminal jury trials shall be commenced.
Grand Juries: No new grand juries shall be empaneled absent exceptional circumstances. Existing grand juries will continue, upon consultation of the appropriate district attorney and empaneling judge.
Jury Selection: The jury selection process in civil and criminal trial matters shall be suspended until further notice.
Civil Jury and Jury Trial Matters
Effective Monday, March 16, 2020, civil jury trials in which opening statements have not commenced shall be postponed until further notice; civil jury trials already commenced shall continue to conclusion.
Jury Selection: The jury selection process in civil and criminal trial matters shall be suspended until further notice.
New York State Board of Law Examiners (“NY BOLE”) Statement on Coronavirus
According to the New York State Board of Law Examiners (“NY BOLE”), the Board’s office is closed until further notice as a result of the ongoing COVID-19 crisis.
February 2020 Uniform Bar Examination: The grading of the February 2020 Uniform Bar Examination in New York is progressing as usual despite the crisis. While the Board does not currently foresee any problems with issuing results for this examination within the usual time period (that is, on or before May 1st), all candidates who sat for the February 2020 UBE should monitor their emails and/or this website for any updated information.
July 2020 Uniform Bar Examination: What impact the ongoing COVID-19 crisis will have on the July 2020 Uniform Bar Examination is presently unknown.
Committed to Serving the Public
The Blanch Law Firm is committed to providing informative and up-to-date information regarding the novel coronavirus (COVID-19) and it’s effects on New York City and the New York Court system. Be sure to bookmark this page and revisit for more updates regarding the coronavirus and court proceedings in New York.
