March 30, 2020
Jennifer B. Barr, Esq.
On March 27, 2020, the New Jersey Supreme Court issued another Order further extending litigation timelines, and extending previous Notices and Orders that had been issued over the past several weeks.
All state courts throughout New Jersey, as well as the Federal courts that hear matters affecting New Jersians, have quickly responded to implement social distancing measures pursuant to Governor Murphy’s Executive Order 107 and as recommended by the New Jersey Department of health and the Center for Disease Control.
The state courts are, with limited exceptions, operational. With the availability of electronic filing and video/telephonic conferencing, litigation is continuing. The Court has permitted the extensions of time for most matters. Litigation is proceeding with delays as needed.
The New Jersey Supreme Court on March 27, 2020 ordered the following provisions:
- JURY TRIALS
- No new civil or criminal jury trials will be conducted until further notice
- Grand jury empanelment dates, including State grand juries, are postponed, and new notices will be issued after April 26, 2020
- All current grand jury sessions are cancelled through April 26, 2020
- Notices dated March 12 and March 15, 2020 remain in effect
2. CRIMINAL MATTERS
- Computation of time limits have been tolled, and other time limits such as return of indictments and time in which to start a trial have been extended
- Criminal matters are encouraged to proceed to the extent possible by way of video and telephonic conferencing
3. CIVIL MATTERS
- Order dated March 17, 2020 remains in effect
- Affidavits of merit in medical and malpractice cases: time to file is extended through April 26, 2020
- Courtesy copies
- R. 1:6-4 requires courtesy copy to of all papers to the judge after filing Civil motion, order to show cause, and orders; the requirement for courtesy copies is eliminated
- The Notice to the Bar dated June 28, 2017 and December 6, 2017 required e-filed motion papers to be followed with courtesy copies to the judge; this requirement is eliminated when the total page amount is 35 pages or less, but if the motion papers exceed 35 pages a hardcopy must be mailed to the judge within 2 days of the filing
- A notice from the Equity Division for Atlantic County and Cape May County sent early on March 27, 2020 stated that courtesy copies in Equity are not required regardless of length
- Civil Arbitration:
- Sessions scheduled from March 16, to April 10, 2020 have been postponed
- Sessions scheduled from April 11 to April 26, 2020 will be rescheduled
- On April 27, 2020 Civil Arbitration matters will resume via video or telephonic conferencing
- Civil Arbitration timeframes set forth in R. 4:21A-1(d) and R. 4:21A-4(d) are relaxed and supplemented to permit extension of arbitration timeframes and location
- Discovery deadlines: permitted to be extended through April 26, 2020
- Discovery time period: the following time periods are extended to April 26, 2020:
- Interrogatories (R. 4:17)
- Discovery and inspection of documents and property (R. 4:18)
- Physical and mental examination of persons (R. 4:19)
- Requests for admissions (R. 4:22)
- Discovery end dates: in the computation of time for discovery end dates, the period between March 16 and April 26, 2020 is excluded
- Discovery for Special Civil Part matters: discovery time periods incorporated through R. 6:4-3 are also extended through April 26, 2020
- Foreclosure: the Office will not review or recommend motions or judgments received on or after March 1, 2020 pending further court order
- Governor Murphy’s Executive Order 106 prevents removal of a lessee, tenant, or homeowner from a residential property due to eviction or foreclosure
- Involuntary Commitments: hearings are either adjourned or the adjournment period is extended
- Lack of prosecution dismissal: the time period to dismiss is tolled through April 26, 2020
- Automatic dismissal for lack of prosecution in the Law Division – Civil Part, Foreclosure, and Chancery matters is suspended through April 26, 2020
- Automated default for Special Civil Part matters will be suspended through April 26, 2020
- Landlord/Tenant calendars are suspended through April 26, 2020; with no evictions
- Rule relaxation of R. 4:24-1(a) and (c) (time to complete discovery on parties and extensions of time), R. 4:46-1 (summary judgment), and R. 4:36-3 (trial calendar) are relaxed
- Special Civil Part and Small Claims trial calendars are suspended through April 26, 2020
- Summons: R. 4:4-1 is relaxed and supplemented to extend time to issue a summons
- Summons must be issues within 60 days of the Track Assignment Notice for notices issued between March 16 to April 26, 2020
- Tort Claims Notice: time to serve is tolled from March 16 to April 26, 2020
4. FAMILY PART MATTERS
- Provisions of the Orders dated March 17, and March 19, 2020 remain in effect
- Discovery deadlines under R. 5:5-1(e) are relaxed to permit additional extensions of discovery deadlines through April 26, 2020
- Lack of prosecution dismissals will be tolled through April 26, 2020
- Matrimonial Early Settlement Panel: sessions are extended
- Sessions scheduled from March 16, to April 10, 2020 have been postponed
- Sessions scheduled from April 11 to April 26, 2020 will be rescheduled
- On April 27, 2020, MESP sessions will resume via video or telephonic conferencing
- MESP timeframes can be extended, submissions can be sent directly to the panelists, location of sessions can be in a place other than the courthouse, and post-ESP events can proceed without simultaneous entry of a court order
5. TAX
- The Provisions of the Order dated March 19, 2020 remain in effect regarding the extension of filing deadlines for local property tax appeals and state tax appeals
6. MUNICIPAL COURTS
- Municipal Court sessions are suspended through April 26, 2020
- Municipal Courts will continue as described in the March 14, 2020 notice to permit certain matters implicating public safety
7. ALL COURTS
- Depositions should be conducted remotely with video technology; court reports may administer and accept oaths remotely
- Depositions for medical or health care personnel who are involved in responding to COVID-19 are suspended through April 26, 2020 with minimal exceptions
- All court matters to the extent practicable shall proceed by video or phone conferencing; in-person appearances for emergencies only
- The computation of time periods under the Rules of Court and under any statute of limitations in all courts, for purposes of filing deadlines, shall consider the time between March 16 and April 26, 2020 the same as a legal holiday
The Notice and Order dated March 27, 2020 did not specifically address matters before the New Jersey Supreme Court, which still requires hardcopy filing and original handwritten signatures, is now temporarily accepting electronically filed briefs with an electronic signature. Paper copies will be required when circumstances allow. For any matters before the New Jersey Supreme Court, it is advised to call the Court for specific instructions at (609)815-2955.
At Cooper Levenson, we are continuing to litigate matters to the extent possible given this state of emergency. Many judges, court personnel, attorneys, and law firm personnel in the more densely populated northern New Jersey counties are directly affected by COVID-19. The court’s quick response to implement social distancing will maintain a safe environment for litigation to proceed.
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