California's Northern District Pushes Criminal Jury Trials Until July, Civil Jury Trials Until October
The court announced Thursday morning that any new criminal jury trials set before June 30 and new civil jury trials set before Sept. 30 will be postponed or vacated due to the COVID-19 pandemic. Individual judges, however, may offer bench trials by videoconference under a newly amended general order.
May 21, 2020 at 12:15 PM
3 minute read
The U.S. District Court for the Northern District of California announced that any new criminal jury trials set to begin before June 30 and new civil jury trials set before Sept. 30 will be postponed or vacated due to the COVID-19 pandemic. Individual judges, however, may offer bench trials by videoconference under a newly amended general order.
"Through September 30, 2020, all civil matters will be decided on the papers, or if the assigned judge believes a hearing is necessary, the hearing will be by telephone or videoconference," wrote U.S. District Chief Judge Phyllis Hamilton in an amended general order posted to the court's website Thursday morning. "This applies to motion hearings, case management conferences, pretrial conferences, settlement conferences, Alternative Dispute Resolution ('ADR') proceedings, and bench trials," she wrote.
The order states that grand jury proceedings, which have been suspended in the district since mid-March, will resume in June "on a date and in a manner to be determined."
Thursday's announcement comes as rumors had been swirling in the local bar that the court was considering pushing off the start of any civil trials in the district until 2021.
On Monday, U.S. District Judge Richard Seeborg issued a general order in his civil cases asking parties to consider the possibility of settling given the "highly uncertain" nature of the schedule in his civil cases.
"At this juncture, no assurances can be given as to when civil trials can be resumed, and if so, whether a further suspension due to public health developments will be necessary," wrote Seeborg in a general order issued Monday in cases on his civil docket. "Accordingly, it would seem to be an optimal time for the parties to initiate or renew an exploration of possible settlement or some other form of alternative dispute resolution."
Seeborg's general order nudging parties toward discussing settlement echoed the earlier piecemeal approach the court took to addressing concerns raised by the coronavirus pandemic. During the second week of March, three judges in the district—Hamilton and Judges Vince Chhabria and Yvonne Gonzalez Rogers—revised their court procedures to limit in-person proceedings with telephonic conferences and decide more motions on the court papers. The next week, on the same day six Bay Area counties demanded residents "shelter in place" to slow the spread of COVID-19, the court issued two general orders signed by Hamilton closing all courthouses to the public and suspending new civil and criminal trials until May 1. The court also indicated it would conduct any necessary hearings via telephone or videoconference. The court last month extended the courthouse closures and emergency procedures through June 1.
Thursday's order noted that the district's courthouses and libraries will be closed for public events, tours and visits "pending further notice."
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