The following are some updates around civil matters in the
Superior Court of Justice in the Central East Region. Please note
they are all subject to change.
Civil Trials: sittings scheduled for November 16,
2020, have been cancelled.
Civil Non-Jury Trials: that have been pre-tried
and had been scheduled for trial in November 2019 or May 2020 will
go on a running list, anticipated to be called starting on October
5, 2020 (with 48-hour notice), and the option to conduct the trial
via Zoom.
Civil Jury Trials: it is uncertain if any civil
jury cases will proceed to trial before May 2021.
Judicial Pre-Trials: those scheduled as of July
27, 2020, will proceed as scheduled. There is no requirement that
the parties certify that the case is capable of settlement,
although the focus will be on settlement and not trial
management.
Procedure for Booking a Judicial Pre-Trial:
counsel with carriage of the file must initiate a request, by
email, for a Pre-Trial through a summary of the nature of the cause
of action, why a pre-trial would be of assistance, and whether any
settlements discussions have taken place. Opposing counsel must be
notified.
If counsel opposes the request, they have 48 hours from the
pre-trial request to respond, through email, explaining why a
pre-trial should not be held. A triage Judge will inform the
parties of their decision in writing.
Pre-Trial Memos: will be filed unless and until
the pre-trial request has been granted. Counsel may submit
additional documents for review, along with their pre-trial
memo.
Pre-Trials: will be held by Zoom, as arranged by
the Court. Only counsel, self-represented parties, and the
pre-trial judge may be present. No recordings are permitted unless
a party is self-represented, and there is direction from the
presiding Judge. Neither recordings nor transcripts may be released
without an order from the Judge. A pre-trial judge may speak with
counsel and/or their client separately. Clients, or certified
representatives of corporations with the authority to settle, must
be present. At the conclusion, Orders will be electronically
forwarded to the pre-trial Judge for electronic signature.
Rule 7 Motions: may be brought in writing and exhibits
will be made available electronically.
Civil Motions on Consent: will be heard by the Court in
writing. The reviewing judge will sign the draft Order, and the
moving party is responsible for providing this copy to all
responding parties within 7 days of its receipt.
Contested Short Civil Motions: will be heard in
writing or via Zoom on counsel's request.
Long Motions: will be heard via Zoom. Rescheduled hearing
dates can be requested, if counsel had booked a long motion as of
March 17, 2020.
Estate Matters: will be dealt with by the court,
so long as materials are submitted to the proper generic email
address.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.