By: Chaim J. Jaffe
As we navigate the COVID-19 pandemic, the New York State Court system is working extremely hard to open up the Court system. Effective March 16, 2020, New York State Chief Administrative Judge Lawrence Marks postponed all “non-essential” functions of the court system until notice.
On March 22, 2020, Judge Marks issued administrative order AO/78/20, which significantly limited the receipt of filed papers by courts and county clerks in litigation matters. AO/78/20 applies to both paper and electronic filings, and extends to all trial courts. Consistent with Governor Cuomo’s Executive Order suspending statutes of limitations in legal matters until further notice, AO/78/20 limited court filings to matters deemed to be “essential.” A list of essential matters is attached to AO/78/20 which is subject to amendment in the future. In addition to the case types specified on the list, judges may deem any individual matter to be “essential” as circumstances require.
It is important to note that AO/78/20 does not address the following:
- Filings with the County Clerk acting other than as a clerk of court – including matters set forth in CPLR §8021.[1]
- Service of process. In light of the filing prohibition and Governor Cuomo’s extension of statutes of limitation, service of (unfiled) process should and will be suspended by parties in non-essential matters. However, if service of process continues, especially in a manner that confuses participants, it may be addressed in a follow-up administrative directive.[2]
- Discovery in pending matters, which remains governed by a prior administrative order[3] and continues to rely on agreement of the parties to the fullest extent possible.[4]
As of April 6, 2020 and in an effort to restore some “normalcy” to the judicial system, the Unified Court System implemented a “virtual court” model in all trial courts in each of New York State’s 62 counties to address essential court matters (as defined in AO/78/20). In this virtual court system, legal matters are handled by remote appearances of judges, attorneys, and most non-judicial staff, through audiovisual appearances, telephone communications, and digitized exchanges of papers. The “virtual court” allows court operations to continue while at the same minimizing courthouse traffic and safeguarding everyone’s the health and safety.
We encourage you to contact us if you have questions about pending actions you may have or about whether an action you may want to commence is deemed “essential.”
For now, stay safe.
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[3] https://www.nycourts.gov/whatsnew/pdf/AO71-20.pdf
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