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Coronavirus, Litigation

ADMINISTRATIVE ORDER REGARDING THE COVID-19 MODIFIED COURT OPERATIONS FOR JUNE 2020

June 3, 2020 | by |

An ADMINISTRATIVE ORDER has been entered to ensure the fair and proper administration of justice and to mitigate the public health threat posed by COVID-19 within the Mecklenburg County Courthouse. The Order applies to all sessions of District and Superior Court at the Mecklenburg County Courthouse. The following is a summary:

 

  1. Safety and Security Protocols for All In-Person Court Proceedings

 

  • All courtrooms have limited capacity to ensure that all occupants are able to maintain six-foot social distancing.
  • The gallery seating area inside each courtroom will have six-foot intervals marked on the benches with tape.
  • Plexiglass shields will be installed in every courtroom on the bench, the clerk’s desk, and counsel tables.
  • In-person hearings will be scheduled in the mornings only.
  • Entry into a courtroom will be limited to the persons essential or necessary to a scheduled proceeding.
  • All persons participating in an in-person hearing are advised to wear a face covering for the duration of a proceeding. Any person who declines to wear a face covering may do so as long as they can remain six-feet away from every other person in the courtroom. No person is subject to contempt proceedings as a result of reasonable refusal to wear a face covering or reasonable refusal to remove a face covering.
  • All court staff including deputy clerks, sheriff’s deputies and TCA employees will wear face coverings while on duty in a courtroom.
  • Each courtroom will maintain a supply of sanitizing wipes and hand sanitizer for use at each counsel table, the judge, and the clerk.

 

  1. Clerk of Superior Court

 

  • The Office of the Clerk of Superior Court will be open to the public on Monday through Friday from 9:00 AM to 12:00 PM.
  • Attorneys and litigants are encouraged to submit filings by mail to the greatest extent possible. Beginning June 1, pleadings and other documents delivered by the United States Postal Service to the Clerk of Superior Court shall be deemed timely filed, if received within five (5) business days of the date the filing is due.
  • Receptacles will be available in designated areas to accept filings. A secure receptacle will be located at the reception-desk inside the McDowell and Fourth Street entrance.
  • Items placed in the receptacle by 4:00 PM will be file-stamped and processed the same day. If the filings include a self-addressed, pre-paid envelope, a copy of the filings will be returned by mail.
  • Access to public records is available from 9:00 AM to 12:00 PM, Monday through Friday, by appointment only.
  • Foreclosure hearings will not be scheduled during the month of June.

 

  1. General Civil Court (excludes Family Court, Child Support and Domestic Violence cases)

 

  • There will be no jury trials during the months of June or July 2020 in District or Superior Court.
  • There will be no civil bench trials in the month of June 2020.
  • Judicial Settlement Conferences will be available for all continued or rescheduled cases which were to be heard between April 13, 2020 and June 1, 2020.
  • Superior Court Civil Motions will be heard in Courtroom 6310 Monday-Thursday.
  • Motions in Superior Court civil cases will transition from remote hearing to in person hearing beginning Monday June 1, 2020 except the week of June 22, 2020.
  • The week of June 22, 2020 Superior Court civil motions will be heard in-person during the morning sessions and remotely during the afternoon session.

 

  1. Domestic Court

 

  • Beginning June 1, 2020, in-person trials and hearings will resume in the morning sessions only in all domestic courtrooms.
  • Motions that can be heard via argument only, without testimony, shall be heard via Web Ex.
  • Temporary Child Support (TCS) and Post-Separation Support (PSS) will be decided on Affidavits with limited exceptions.
  • Civil contempt hearings may be scheduled for a hearing via Web Ex.
  • Criminal contempt hearings require an in-person hearing.
  • Pretrial conferences are strongly encouraged to be handled by Consent Orders and submitted prior to the calendared date; otherwise, pretrial and status conferences will be done via Web Ex.
  • Calendar calls shall be done via Web Ex Conference.
  • Temporary Parenting Arrangements will be handled on the verified and responsive motions, in most cases without a hearing.
  • Emergency Custody and Temporary Restraining Orders will be heard by the assigned family court judge on the date and time and in the manner (e. Web Ex or in person) as the judge sets in the order.
  • Domestic Violence cases assigned to Family Court Judges will remain set in 4110 for the return hearing until further notice.
  • Summary Judgment Divorces will be assigned dates beginning June 22, 2020. Live divorce settings are not currently available.

 

(*For additional information regarding Domestic Court, see attorney Amanda Brisson Cannavo’s blog: Not Business as Usual at The Courthouse; Family Court Cases During Covid-19)

 

  1. Domestic Violence (Civil) Court

 

  • Parties may file Complaints and Motions related to Chapter 50B and Chapter 5OC with the Clerk of Superior Court Monday-Friday between 9:00AM and 12:00PM.
  • Return hearings will be scheduled for morning sessions and according to statute. If the calendar within 10 days of filing has too many cases docketed to allow for social distancing, then the Court may determine that good cause exists to set the case for hearing in 11-15 days out.
  • All parties must agree to a remote

 

  1. District Criminal Administrative

 

  • Misdemeanor First Appearances will not be held in the month of June 2020.
  • Traffic matters will not be scheduled for in-person hearings in the month of June 2020.
  • Felony First Appearance hearings will be conducted by video during the morning session of court.
  • Domestic Violence First Appearance hearings will be conducted by video during the morning session of court.
  • Felony Probable Cause Hearings will be scheduled consistent with state law within 15 days in the morning sessions.

 

  1. Felony Administrative Court

 

  • Superior Criminal Administrative Court will be held daily in both 5310 and 5150 through the month of June. These courts will only run in during AM session and begin at 9:30 am. Cases will be scheduled in accordance with the subject matter.
  • Arraignments will be divided into two sections, the first to begin at 9:30AM and the second to begin at 11:00AM.
  • Matters such as scheduling conferences and follow-up scheduling conferences will take place electronically via email between the parties and the Trial Court Administrator.
  • Friday court sessions will be used for expedited arraignments and bond hearings.

 

 

 

 

  1. Felony Probation Violation Court

 

  • Felony Probation Violation Court will not be held in the month of June. Probable Cause Hearings for new felony probation violations will continue to be held in 1150 on Monday Afternoons.

 

  1. Child Support Court

 

  • Courtroom 8110 will resume operations after June 30, 2020.

 

  1. Juvenile Abuse, Neglect and Dependency Court

 

  • Hearings scheduled in the month of June 2020 will be conducted remotely. In­person hearings will be held on a limited, case-by-case basis, during morning sessions only.

 

  1. Juvenile Delinquency Court

 

  • Delinquency cases will be scheduled on Mondays and Thursdays. In-person hearings will be calendared on a case-by-case basis during morning sessions.

 

  1. Civil Commitment Court

 

  • All civil commitment hearings will be conducted remotely.

 

  1. Small Claims Court

 

  • Small Claims Courts will not operate in the month of June 2020.

 

  1. Weddings

 

  • From June 8, 2020 through July 2, 2020, weddings will be conducted by Magistrates in the Mecklenburg County Courthouse in Courtroom 5350 on Mondays, Wednesdays, and Fridays from 9:00AM until 12:00PM by appointment only.

 

A complete listing of court operations for the 26th Judicial District Courts and Mecklenburg County Clerk of Superior Court’s Office can be found here: https://bit.ly/2XqLuX8  If you have questions or concerns about how this may affect your case, contact an attorney at Dozier Miller Law Group. Attorneys remain available to assist existing and new clients by phone, email, and video conferences.

 

This information is provided for informational purposes only; it is not offered as and does not constitute legal advice.

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