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Law360 (March 17, 2020, 2:59 PM EDT ) Massachusetts state courthouses will be closed to the general public until at least April 6 due to the COVID-19 pandemic, the state's highest court said Tuesday, carving out a small exception for emergency hearings that cannot take place by video conference or phone.
The order, which goes into effect Wednesday, effectively shutters the state courts as the number of coronavirus cases in Massachusetts nears 200. Individual trial courts will have discretion to make any exceptions, the Supreme Judicial Court said.
"Each trial court department shall determine what constitutes an emergency matter, recognizing that courts will necessarily be operating with skeletal staffs and that the public safety of court personnel, court users and the general public is paramount," the order, signed by all seven SJC justices, says.
The SJC extended speedy trial deadlines and tolled the statutes of limitations while the business of the courts themselves is halted. The court said holding an in-person hearing would require approvals at multiple levels.
"Upon a showing of exceptional circumstances, a party who has had a trial or evidentiary hearing postponed by this order may apply for an exception from this order by motion directed to the trial court," the SJC said. "No exception shall be granted except with the approval of the judge and the chief justice of the court department. Where a party seeks a jury trial, no exception shall be granted without consultation with the jury commissioner."
If an emergency proceeding must be held in person, the SJC said, entry into the courthouse will be limited to attorneys, parties, witnesses and other necessary persons as determined by the trial judge, plus no more than three members of the news media.
The new restrictions come after the state's top court continued all jury trials in the state until at least April 21. A similar measure was put in place at the federal level, with all federal jury trials on hold until at least April 27 amid the outbreak.
The First Circuit has also canceled April's schedule of oral arguments. The SJC is scheduled to sit April 6, which would be the first day the courts would be reopened if the limitations put in place Tuesday expire on schedule. Appeals Court oral arguments through the end of March will be held over the phone.
The SJC and the Appeals Courts will offer guidance regarding the April oral arguments schedule in the coming days.
Massachusetts Republican Gov. Charlie Baker told reporters Tuesday the state is not currently considering a shelter in place order, but gatherings of more than 25 people are restricted and restaurants are limited to delivery and takeout service only. Officials say the state lab has tested 1,367 people for the virus and 197 have tested positive.
--Editing by Stephen Berg.
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