Delaware Federal Court Set To Resume Jury Trials

This article has been saved to your Favorites!
The Delaware federal court has lifted a civil and criminal jury trial suspension issued earlier this year amid the ongoing COVID-19 pandemic, with judges now given discretion whether to allow cases to proceed to trial.

The Delaware federal court has lifted a suspension on civil and criminal jury trials that was enacted earlier this year. (iStock.com/ChrisBoswell)

On Monday, the court announced that an order issued Feb. 5 suspending civil and criminal jury trials had expired and would not be extended.

"Based on current conditions and after consultation with the court's reopening committee, the court has decided that it will not, at this time, extend the order," the court's notice said. "Whether and when any particular case will proceed to trial is left to the discretion of each individual judge of the court."

The court's current calendar indicates there are no jury trials scheduled through April 21. The schedule beyond that date is not yet available.

On Feb. 5, the Delaware federal court's chief judge suspended civil and criminal jury trials until April 5, citing the "continuing impact of the global coronavirus pandemic, in Delaware and across the nation; the small number of jury trials on the court's calendar for the next two months" and "the court's ongoing success in handling all types of proceedings other than jury trials."

February's order, signed by Chief Judge Leonard P. Stark, gave judges the discretion to "order a jury trial in the event of an emergency or other truly urgent situation."

Delaware's federal court was temporarily shut down last March as the pandemic took hold across the country. Since, the court has issued multiple orders postponing jury trials.

In October, the court issued jury trial "restart guidelines" intended to help the court prepare to "conduct jury trials in a manner that protects health and safety as well as litigants' rights." The guidelines included information about mailing out jury summonses and how jury selection would be handled.

A court order issued in September indicated criminal cases would be given priority as jury trials restart.

--Editing by Stephen Berg.


For a reprint of this article, please contact reprints@law360.com.

×

Law360

Law360 Law360 UK Law360 Tax Authority Law360 Employment Authority Law360 Insurance Authority Law360 Real Estate Authority Law360 Healthcare Authority Law360 Bankruptcy Authority

Rankings

NEWLeaderboard Analytics Social Impact Leaders Prestige Leaders Pulse Leaderboard Women in Law Report Law360 400 Diversity Snapshot Rising Stars Summer Associates

National Sections

Modern Lawyer Courts Daily Litigation In-House Mid-Law Legal Tech Small Law Insights

Regional Sections

California Pulse Connecticut Pulse DC Pulse Delaware Pulse Florida Pulse Georgia Pulse New Jersey Pulse New York Pulse Pennsylvania Pulse Texas Pulse

Site Menu

Subscribe Advanced Search About Contact