COVID-19: latest update – the world’s court systems

As COVID-19 continues to spread globally, we provide an update on what measures are being taken by the court systems in a number of countries around the world.

Hong Kong

• The Judiciary announced on 22 March 2020 that in light of a resurgence of COVID-19 in the region, the General Adjourned Period (‘GAP’), in effect since 29 January, will be extended for a further two weeks from Monday 23 March until Sunday 5 April.
• Court hearings will not be held from Monday 23 March.
• The courts may continue to deal with cases on paper if they are considered to be urgent.
• All court hearings, originally scheduled for the renewed GAP period, will be adjourned.
• Other urgent hearings will continue to be handled in accordance with the Duty Judge system.
• Court/tribunal registries and offices will generally be closed during this period. The registries and offices will only provide support for the handling of the above urgent and essential court hearings/matters.

USA

The US approach to court operating procedure during the COVID-19 pandemic, is on a state by state basis. Below are details specific to a selection of the more frequently used state courts:

• Federal courts are in general, continuing trials; however, matters are proceeding subject to the courts’ discretion.

Miami, Florida:

• Court facilities are closed. Non-emergency court proceedings will be re-scheduled.
• All time limits and deadlines set by judicial order and/or statute are now suspended; through to 30 March 2020.

District of Maryland:

• Trials and non-emergency court proceedings will continue through to 24 April 2020. All other civil proceedings will be rescheduled.
• Civil filing deadlines through to 24 April 2020 will be extended by 42 days.

Southern District of Ohio:

• Trials over the next 14 days will continue; however, this Order does not affect the court’s ability to resolve matters without in-court appearances.
• Electronic filing is available.

Southern District of California:

• Individual district judges may alter deadlines for civil cases at their discretion.

Southern District of New York (including New York city proper):

• Civil matters will proceed at the discretion of the individual judge.
• In-court appearances will be limited strictly to emergency matters; otherwise via telephone.
• Civil cases filed electronically will be processed and assigned to judges.

The United States Court of Appeals for the Second Circuit (New York City) is adapting its operations to conform to additional developments:-

• The court will hear all oral arguments using a teleconference platform. All oral arguments will be audio livestreamed.
• All filing dates and other deadlines set out in the Federal Rules of Appellate Procedure Local Rules and the court’s orders will be extended by 21 days, effective through 17 May 2020. A judge may direct the parties to comply with a different filing date in a particular case.
• The due date for a notice of appeal, petition for review or other document that confers jurisdiction on the court is not affected by this order.

India

• The government has issued notices extending procedural timetables.
• High Courts have instituted e-filing and video conferencing in an effort to avoid physical visits to the court.
• India’s Supreme Court will only address matters via video conferencing.
• The Supreme Court of India has ordered that periods of limitation in all proceedings are to be extended with effect from 15th March 2020 until further notice.

The situation is constantly evolving and we are monitoring developments.

View our original article and initial update.

For further updates and other articles discussing the impact of the coronavirus please view our coronavirus hub.

The contents of this article are for general information purposes only and are not intended to constitute legal advice. Whilst we endeavour to ensure that the information is correct, the situation is constantly evolving, and we are unable to accept any liability for error or omission or otherwise in relation to the contents of this article. Please do not hesitate to contact us if you need further information or require advice in relation to specific circumstances.