Court / Entity
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Current Status / COVID-19 Policy
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Federal Courts
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U.S.D.C., E.D.N.Y.
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- All jury trials scheduled to begin
before April 27, 2020, are continued until further notice.
Compliance with all trial-related deadlines is at the discretion of
the presiding judge. (Administrative Order 2020-06)
- Individual judges may continue to
hold hearings, conferences and bench trials but are strongly
encouraged to conduct proceedings by telephone or video conference
where practicable and/or adjourn matters or deadlines, or stay
litigation, where in-person meetings, interviews, depositions or
travel would be necessary to prepare for any such proceeding. (Administrative Order 2020-06)
- Access to the courthouses will be
restricted to those with "official business." (Administrative Order 2020-08)
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U.S.D.C., S.D.N.Y.
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S.D.N.Y. Response to COVID-19
- On March 20, 2020, the SDNY released
Updated Operating Protocols ("3/20/2020
UOP") provide a comprehensive plan for Court Operations
over the next few weeks.
- Civil Case Operations will proceed at
the discretion of the individual Judge. In-court appearances will
be limited strictly to Emergency Matters, and even these should be
conducted by teleconference or (if the presence of witnesses is
required) videoconference if possible. (3/20/2020 UOP at 2)
- Criminal Case Operations and Part 1
(emergency applications) will continue to operate with
modifications. (see 3/20/2020 UOP)
- Any mail or courtesy copies should be
deposited in the drop box. (3/20/2020 UOP at 2)
- All jury trials scheduled to begin
between March 16 and April 27 are continued until further notice.
Compliance with all trial-related deadlines is at the discretion of
the presiding judge. (Standing Order)
- Individual judges may continue to
hold hearings, conferences and bench trials but are strongly
encouraged to conduct proceedings by telephone or video conference
where practicable. (Standing Order)
- On March 24, 2020, the SDNY released
guidelines for participants in remote proceedings where a court
reporter is present. (3/24/2020 Memo re Remote Proceedings)
- Judges have begun to amend their
individual practices in light of COVID-19. (SDNY
Website – Judge's Rules)
- Access to the courthouses will be
restricted to those with "official business." (
Standing Order) Additionally, effective March 24 certain
entrances to the Manhattan courthouses will be closed. (3/23/2020 Notice)
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U.S. Bankruptcy Court, E.D.N.Y.
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- Until further notice, all bankruptcy
court hearings will be held by telephone. Please see Judge's
Procedures for each judge's procedure for participating in
telephonic hearings.
- Until further notice, the two
Divisions of the Bankruptcy Court will remain open only for limited
business. Clerk's Office personnel are available by telephone,
mail will be received, and the intake counters will remain open in
a limited capacity to receive pro se filings. (
Order re Clerk's Office and Pro Se Filings)
- All in-person chapter 7, 12, and 13
section 341 meetings scheduled through April 10, 2020, are
continued until a later date to be determined. Section 341
meetings may not proceed during this period except through
telephonic or other alternative means not requiring personal
appearance by debtors. Appropriate notice will be provided to
parties for any telephonic meetings scheduled during this
period. Meetings already scheduled as telephonic meetings may
proceed as scheduled. (
Notice)
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U.S.
Bankruptcy Court, S.D.N.Y. |
Courthouse Protocol (COVID-19)
- All hearings and conferences
scheduled to be held in courthouses comprising the Manhattan
Division, White Plains Division, and Poughkeepsie Division of the
Bankruptcy Court will be conducted telephonically pending further
Order of the Bankruptcy Judge assigned to the matter. Any party
wishing to appear in person at a hearing or conference shall file
or submit an appropriate motion or request. (Order)
- Any party may request an adjournment
of a hearing or conference by filing or submitting an appropriate
motion or request setting forth the basis for the adjournment. (Order)
- Parties should contact the Bankruptcy
Judge's courtroom deputy or law clerk assigned to the case to
inquire about whether an upcoming evidentiary hearing or trial will
proceed as scheduled. (Order)
- Trustees will accommodate all
reasonable requests for continuances of Section 341 meetings of
creditors by debtors who are at "heightened risk." (
Notice)
- The court has ordered restrictions on
who can enter the courthouse. (Notice)
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U.S. Court of Appeals for the Second Circuit
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Second
Circuit Website with Announcements
- Effective Monday, March 23, 2020 and
until the COVID-19 crisis passes, the Court will hear all oral
arguments using a teleconference platform. All lawyers and pro se
litigants who are scheduled to argue must do so by teleconference.
The Clerk's Office will forward teleconference instructions to
the lawyers and pro se litigants appearing each argument day. In
the alternative, parties may request to submit the appeal for
determination. (3/19/2020 Announcement)
- All filing deadlines are tolled by 21
days, effective March 16, 2020, through May 17, 2020.
Notwithstanding this general extension, a judge or panel may, by
separate order, direct the parties to comply with a different
filing date as deemed necessary in a particular case. (3/16/2020
Announcement)
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U.S. Supreme Court
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March 19, 2020 Order
- The deadline to file any petition for
a writ of certiorari due on or after March 19, 2020 is extended to
150 days from the date of the lower court judgment, order denying
discretionary review, or order denying a timely petition for
rehearing. (3/19/2020 Order)
- Motions for extensions of time
pursuant to Rule 30.4 will ordinarily be granted by the Clerk as a
matter of course if the grounds for the application are
difficulties relating to COVID-19 and if the length of the
extension requested is reasonable under the
circumstances. Such motions should indicate whether the
opposing party has an objection. (3/19/2020 Order)
- The Clerk will entertain motions to
delay distribution of a petition for writ of certiorari,
notwithstanding Rules 15.5 and 15.6, where the grounds for the
motion are that the petitioner needs additional time to file a
reply due to difficulties relating to COVID-19. Such motions will
ordinarily be granted by the Clerk as a matter of course if the
length of the extension requested is reasonable under the
circumstances and if the motion is actually received by the Clerk
at least two days prior to the relevant distribution date. Such
motions should indicate whether the opposing party has an
objection. (3/19/2020 Order)
- These modifications to the
Court's Rules and practices do not apply to cases in which
certiorari has been granted or a direct appeal or original action
has been set for argument. (3/19/2020 Order)
- All oral arguments currently
scheduled for the March session (March 23-25 and March 30-April 1)
are postponed. The Court will examine the options for rescheduling
those cases in due course in light of the developing circumstances.
(3/16/2020 Press Release)
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New York State Courts
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New York Courts (Statewide)
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New York
Courts COVID-19 response page
In accordance with the directive of
the Chief Judge of the State to limit court operations to essential
matters during the pendency of the COVID-19 health crisis, any
specific time limit for the commencement, filing, or service of any
legal action, notice, motion, or other process or proceeding, as
prescribed by the procedural laws of the state, including but not
limited to the criminal procedure law, the family court act, the
civil practice law and rules, the court of claims act, the
surrogate's court procedure act, and the uniform court acts, or
by any other statute, local law, ordinance, order, rule, or
regulation, or part thereof, is hereby tolled from the date of this
executive order until April 19, 2020. (
EO 202.8)
- The Chief Administrative Judge for
the State of New York has ordered that effective March 22 and until
further order, no papers shall be accepted for filing by a
county clerk or a court in any matter of a type not included on the
list of essential matters in Exhibit A to the Order. This
directive applies to both paper and electronic filings in the trial
courts. The list of matters deemed essential is non-exclusive
and subject to review. (
3/22/2020 Administrative Order 78 ("AO/78/20")
- In a March 23, 2020
Notice on the New York Court's COVID-19 Response website,
the Office of Court Administration offered the following
interpretive guidance for
AO/78/20:
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AO/78/20 "extends to all trial courts," but is silent
on Appellate Courts (see individual sections below for further
guidance). (3/23/2020
Notice)
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AO/78/20 applies only to litigation filings, and does not
address "filings with the County Clerk acting other than as a
clerk of court – including matters set forth in CPLR
§8021," which includes recording of certain transactions.
(3/23/2020
Notice)
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AO/78/20 does not address discovery in pending matters, which
continues to be governed by
Administrative Order 71, released on March 19, 2020 and
described below. (3/23/2020
Notice)
- The catch-all provision in Section E
of
AO/78/20 for matters deemed "essential ... is designed to
address the very rare cases where individual facts necessitate an
immediate hearing notwithstanding current public health concerns;
it will be interpreted restrictively." Requests for relief
under this provision will be made by emergency application. (3/23/2020
Notice)
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AO/78/20 assumes service of process will stop in light of
EO 202.8, but does not address it directly; "It is
anticipated that, in light of the filing prohibition and the
Governor's extension of statutes of limitation, service of
(unfiled) process should and will be suspended by parties in
non-essential matters. However, if service of process continues,
especially in a manner that confuses participants, it may be
addressed in a follow-up administrative directive." (3/23/2020
Notice)
- The NY State Efiling System has set
up a portal to help litigants determine if their filings will be
accepted by the court. (NYSCEF
Authorized Filings)
- Governor Cuomo has issued Executive
Order 202.7 allowing for notary services by video conference. (
EO 202.7) Kramer Levin has prepared a client alert on
this Executive Order: New York
Permits "Virtual" Notarization Due to
Coronavirus. compliance is delayed for reasons relating to
the coronavirus emergency, and implementing procedures in the event
such an emergency arises. (
3/19/2020 Administrative Order 71)
- The Chief Administrative Judge issued
an order stating that no participant in civill litigation will be
penalized if discovery compliance is delayed for reasons
relating to the coronavirus emergency, and implementing procedures
in the event such an emergency arises. (
3/19/2020 Administrative Order 71)
- The prosecution of civil matters in a
manner that requires in-person appearances or travel, or otherwise
requires actions inconsistent with prevailing health and safety
directives, is strongly discouraged. (
3/19/2020 Administrative Order 71)
- Supreme Courts districts outside of
New York City have consolidated operations to one courthouse in
each county. (3/19/2020
Announcement on Court Website)
- All courthouses have posted a notice
advising at-risk individuals not to enter.
- The court has created a Coronavirus
Telephone Hotline to answer questions during this time. Call
(833) 503-0447. You can
sign up to receive alerts directly from the courts by creating an
account at this link.
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Appellate Division, First Department
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March 17, 2020 COVID-19 Emergency
Procedures
- The March 17, 2020 Emergency
Procedures remain in effect and are not subject to change due to EO 202.8 and AO/78/20 (described above) until further
notice.
- The Court will be able to entertain
only emergency applications. Submissions for emergency
applications shall be done electronically via email to [email protected], with notice via email
to opposing counsel.
- All matters scheduled for oral
argument on March 24-27 will be on submission only. There
will be no oral argument.
- Adjourned matters will be
re-calendared for a later term.
- Appeals calendared for the second and
third weeks of the April 2020 term will be re-calendared.
- All perfection, filing and other
deadlines, with the exception of matters perfected for the May 2020
and June 2020 calendars, are suspended until further notice.
Requests for extension of time to perfect submitted on March 17,
2020 or later will be granted. (Order)
- Hard copy filings are not
permitted.
- All filings made in connection with
appeals subject to mandatory efiling must still be filed via NYSCEF
in a timely manner and in accordance with the procedural and
electronic rules of the Court.
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Appellate Division, Second Department |
Second Department COVID-19 Update Page
- The guidance released by the Second
Department last week and available at the link above remains in
effect and is not subject to change due to EO 202.8 and AO/78/20 (described above) until further
notice.
- Beginning March 17, 2020, all
perfection, filing, and other deadlines are suspended until futher
notice. (Order)
- Beginning March 17, 2020, no visitors
will be allowed at the courthouse and the Clerk's Office will
not be staffed. Emergency applications will be accepted via
email (all adversaries copied) at [email protected]. Appeals
calendars will continue to be processed through April 2, but all
arguments will be on submission. See notice for how to submit
urgent requests to the court. (Notice)
- Hard copies will no longer be
accepted. For cases not subject to electronic filing, submissions
should be through the Second Department's web portal. (Notice)
- Oral argument cancelled. Beginning
March 17, 2020, all appeals will be taken on submission. Oral
argument by Skype will be permitted upon request (copying all
parties) to
[email protected]. (Notice)
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New York Court of Appeals
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March 18, 2020 Notice
- The Court of Appeals notice above
remains in effect and is not subject to change due to EO 202.8 and AO/78/20 (described above) until further
notice.
- The Court has adjourned cases
scheduled for oral argument during the remainder of its March 2020
session. The Clerk's Office will be in contact with counsel to
provide information regarding further consideration of their
appeals.
- If changes are made to the April/May
session oral argument calendar counsel will be notified as soon as
possible.
- The Court will continue to consider
previously filed pending matters, and it will continue to accept
submissions by mail and, as permitted by its Rules,
electronically.
- Filings, including applications for
stays, will not be accepted in person at the Clerk's Office
until further notice. Persons who wish to file papers in person
should call the Clerk's Office at 518-455-7700 for instructions
on alternative ways to file.
- The building will not be open to
public visitors until further notice.
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Alternative dispute resolution forums
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American Arbitration Association (AAA) / International
Centre for Dispute Resolution (ICDR)
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COVID-19 Updates
- While the AAA-ICDR remains active and
operational, no hearings will take place in AAA-ICDR hearing
facilities after March 20th until at least April 17th.
- In cities where governmental
authorities have shut down activities, our physical offices will be
closed immediately. Our case management staff will contact parties
and arbitrators to discuss alternative arrangements, including the
use of video, teleconferencing or postponements.
- Parties and their representatives are
strongly encouraged to file their arbitration and mediation cases
online. (Instructions for Filing AAA-IDCR Cases
Online)
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JAMS Mediation, Arbitration and ADR Services
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COVID-19 Advisory
- JAMS has not provided specific
direction to parties but has announced that most of its staff are
now working remotely through April 3 and only a small team of
managers will continue to be onsite at JAMS Resolution
Centers. JAMS offers several video conferencing
services. For specific inquiries, please visit the link above
for contact information for senior JAMS Associates.
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The Financial Industry Regulatory Authority, Inc. (FINRA)
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Key Topics: COVID-19
- All in-person arbitration and
mediation proceedings scheduled through May 1, 2020, are postponed.
You will be contacted by FINRA staff to reschedule or discuss
remote scheduling options.
- All case deadlines continue to apply
and must be timely met unless the parties jointly agree
otherwise.
- FINRA is providing temporary relief
for member firms from certain rules and requirements outlined in
the following FAQs. (Coronavirus FAQs)
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Regulatory Agencies
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Manhattan District Attorney's Office
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Manhattan
DA Homepage
- Manhattan DA Cyrus Vance, Jr. stated
that his office is weighing policies to drastically reduce parole
supervision caseloads and re-arrests for technical violations in
order to decrease jail and prison populations.
- The Manhattan DA has not provided a
COVID-19 resource webpage. Please check the Manhattan DA homepage
for any new announcements.
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New York State Attorney General
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Guidance
on Coronavirus Resources and Warnings about Consumer Scams
- The Office of the Attorney General
remains operational and has offered guidance regarding its
temporary suspension of medical and student debt collection,
consumer protection tips, health insurance questions and employment
protections.
- The Office has posted a Price Gouging
Complaint Form for complaints related to COVID-19 (Price Gouging Complaint Form) and an alert
regarding scams related to COVID-19. (Alert)
- Attorney General Letitia James has
issued a press release calling for the tolling (i.e.,
pausing and extending for a certain amount of time) of statutes of
limitations in New York in order to preserve the legal interests
and rights of New Yorkers during the pandemic. (Press Release)
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U.S. Attorney's Office for the Eastern District of New
York
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E.D.N.Y. Homepage
- The E.D.N.Y. has not announced major
operational changes or provided a COVID-19 resource webpage. Please
check the E.D.N.Y. homepage for any new announcements.
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U.S. Attorney's Office for the Southern District of New
York
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S.D.N.Y. Homepage
- The S.D.N.Y has not announced major
operational changes or provided a COVID-19 resource webpage. Please
check the S.D.N.Y. homepage for any new announcements.
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U.S. Commodities Futures Trading Commission (CFTC)
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CFTC
Coronavirus Website
- The CFTC's Coronavirus website
details the various forms of temporary relief to designated market
participants that the CFTC has instituted in response to the
pandemic.
- The CFTC has issued a Customer
Advisory informing the public to be on alert for frauds seeking to
profit from recent market volatility related to the pandemic.
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U.S. Department of Justice (DOJ)
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DOJ
Homepage
- The DOJ has created a webpage for
reporting frauds relating to COVID-19. On March 22, the DOJ filed
its first enforcement action against COVID-19 fraud.
- The DOJ adopted a series of temporary
changes to its civil merger investigation processes. For mergers
currently pending (or that may be proposed), the DOJ's
Antitrust Division is requesting from merging parties an additional
30 days to complete its review of transactions after the parties
have complied with document requests. Additionally, the
Antitrust Division will allow electronic filing of
Hart-Scott-Rodino submissions, and all scheduled depositions will
be temporarily postponed and rescheduled. More details on these and
other changes are available here.
- On March 24, the DOJ and the Federal
Trade Commission (FTC) issued a joint statement detailing an expedited
antitrust procedure and providing guidance for collaborations of
businesses working to address urgent public health and economic
needs associated with COVID-19. Companies seeking a DOJ Antitrust
Division business review letter or FTC advisory opinion for
coronavirus-related conduct "addressing public health and
safety" will receive a response within seven calendar days of
the agencies getting "all necessary information."
- The DOJ has not announced major
operational changes. Please check the DOJ homepage for any new
announcements.
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U.S. Securities and Exchange Commission (SEC)
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SEC
Coronavirus (COVID-19) Response
- The SEC (including the Division of
Enforcement and the Office of Compliance Inspections and
Examinations) remains fully operational.
- The SEC's COVID-19 response page
details various guidance and relief that the SEC has provided to
certain market participants and entities in light of the
pandemic.
- For certain pending actions that have
comment periods expiring in March, the SEC will not take final
action prior to April 24.
- On March 22, the SEC announced that
it would provide registered transfer agents and certain other
persons with exemptive relief for certain regulatory obligations
under the federal securities laws through May 30, 2020. (Press Release)
- On March 23, the SEC announced that
it would provide temporary exemptive relief from the Investment
Company Act of 1940, until at least June 30, 2020, in order to
provide flexibility for registered funds affected by recent market
events to borrow funds from certain affiliates and to enter into
certain other lending arrangements. (Press Release)
- On March 24, the staff of the
SEC's Division of Corporation Finance, Division of Investment
Management, and Division of Trading and Markets announced that,
under certain conditions, it would not recommend that the SEC take
enforcement action with respect to the requirements of Rule 302(b)
of Regulation S-T, which concerns signatures on electronically
filed documents. (Announcement)
- On March 25, the SEC announced that
it is extending the filing periods for various public company
filing obligations under the federal securities laws, and that it
is also extending regulatory relief previously provided to funds
and investment advisers whose operations may be affected by
COVID-19. In addition, the SEC’s Division of
Corporation Finance issued its current views regarding disclosure
considerations and other securities law matters related to
COVID-19. (Press
Release). The SEC also announced that it was providing
temporary exemptive relief from certain requirements of Rule 606 of
Regulation NMS under the Exchange Act. (Temporary
Exemptive Order).
- On March 24, the staff of the
SEC’s Division of Corporation Finance, Division of Investment
Management, and Division of Trading and Markets announced that,
under certain conditions, it would not recommend that the SEC take
enforcement action with respect to the requirements of Rule 302(b)
of Regulation S-T, which concerns signatures on electronically
filed documents. (Announcement).
- On March 23, the SEC announced that
it would provide temporary exemptive relief from the Investment
Company Act of 1940, until at least June 30, 2020, in order to
provide flexibility for registered funds affected by recent market
events to borrow funds from certain affiliates and to enter into
certain other lending arrangements. (Press Release).
- On March 22, the SEC announced that
it would provide registered transfer agents and certain other
persons with exemptive relief for certain regulatory
obligations under the federal securities laws through May 30, 2020.
(Press Release).
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