By Bill Wichert

Law360 (April 24, 2020, 5:51 PM EDT ) The New Jersey Supreme Court issued an order Friday easing certain court restrictions and capping deadline extensions during the COVID-19 pandemic as the state judiciary has enhanced its ability to handle matters via video or telephone, with courts holding more than 12,000 remote events amid the ongoing crisis.

While civil and criminal jury trials won't be held "until further notice," some court operations will resume virtually in the coming weeks, including municipal court sessions, attorney disciplinary matters and fee arbitrations, according to the order.

As of May 10, most extensions of discovery deadlines in civil matters and tolling of certain filing deadlines will cease, the order states.

Noting those provisions, judiciary officials said Friday in a notice to the bar, "Based on the demonstrated increased ability of the courts to handle matters remotely, combined with the new electronic filing options available to attorneys and self-represented litigants, legal practice generally can continue consistent with regular timeframes."

Beginning on Monday, municipal court sessions may be held with the consent of all parties, the order states. With appropriate notice to parties, the sessions can resume in individual municipal courts, effective May 11, the order states. The "resumption of sessions shall be to the extent possible, based on facilities, technology, and other resources," the order states.

Civil arbitration sessions also may be held remotely, starting Monday, according to the order.

On May 11, disciplinary hearings and fee arbitrations will start up again "to the extent possible based on facilities, technology, and other resources; and the nature and complexity of the matter," the order states. The director of the state's Office of Attorney Ethics "shall exercise discretion and proceed in relatively straightforward matters," the order states.

In addition to those matters, state court proceedings in general — such as hearings, conferences and arguments — "will be conducted by video or phone conferencing, and in-person appearances will be permitted only in emergency situations," according to the order.

While civil discovery deadlines are generally extended through May 10, the order provides additional time for attorneys in other respects.

For example, the deadlines for filing affidavits of merit in professional malpractice cases will be extended through May 31, the order states. In such state cases, a plaintiff must provide an affidavit from an appropriately licensed person stating that the alleged conduct deviated from professional standards.

For health care professionals involved in responding to the outbreak, their depositions and appearances will remain suspended through May 31, except for matters related to COVID-19 or when they request the deposition or appearance, according to the order.

Given the "pervasive and severe effects" of the crisis, the order also notes that "the court in any individual matter consistent with [state court] Rule 1:1-2(a) may suspend proceedings, extend discovery or other deadlines, or otherwise accommodate the legitimate needs of parties, attorneys, and others in the interests of justice."

"The New Jersey courts are continuing to provide meaningful access to justice throughout this unprecedented emergency. Sustaining and expanding that access requires a careful and considered balancing of the important interests at stake, as implemented in the court's April 24 second omnibus order," according to the notice to the bar.

"As the COVID-19 pandemic continues, the court will revisit these matters and adjust as appropriate," the notice states.

--Editing by Bruce Goldman.
 

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