Court Operations During COVID-19: 50-State Resources
State court systems across the country have significantly altered their operations in response to the coronavirus pandemic. Many courts initially limited proceedings to only the most essential and urgent matters, such as arraignments and restraining order hearings. While most jurisdictions are beginning to resume at least some of their normal operations, courts often are still striving to conduct as many proceedings remotely as possible. Jury trials are suspended or limited in some locations, although most states at least have planned strategies for resuming them.
Click on the states below to learn more about how each state court system is currently responding to the COVID-19 outbreak.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Alabama
- Court Operating Status: Most in-person civil proceedings can resume, but individual judges have discretion related to public health precautions. Witness testimony may be taken by remote means in depositions and court proceedings through April 30, 2021, and workers’ compensation settlement hearings may be conducted remotely through that date as well.
- Jury Trials/Proceedings: Jury trials may resume after having been suspended until September 14, 2020 due to the coronavirus pandemic.
Alaska
- Court Operating Status: Non-jury court proceedings may continue, subject to the discretion of individual judges, but are expected to be conducted by teleconference or videoconference whenever possible. A procedural rule involving certified mail service has been relaxed to allow a postal service employee to sign a return receipt, rather than the recipient.
- Jury Trials/Proceedings: All criminal jury trials are suspended until at least March 15, 2021. (This delay will not count toward computing time in a speedy trial evaluation.) All in-person grand jury trials are suspended until February 1, 2021. The time limit for felony preliminary examinations is extended through March 15, 2021. Grand jury proceedings may be conducted by video conference. All in-person civil jury trials are suspended until at least September 7, 2021, unless a video conference trial has been approved, or unless the presiding judge finds that exceptional circumstances warrant proceeding with a trial in person. Order No. 8213, below, contains a list of 11 factors that a judge may consider in deciding whether to proceed with an in-person jury trial or grand jury proceeding in exceptional circumstances.
Arizona
- Court Operating Status: Courts were permitted to begin transitioning to in-person operations starting on June 1, 2020, provided that this could be accomplished safely in light of coronavirus concerns. Remote proceedings will continue to be utilized to the extent necessary. Attorneys, litigants, and the public should check with local courts for local practices and advisories.
- Jury Trials/Proceedings: Jury trials resumed on June 15, 2020, subject to judicial discretion related to health and safety. Presiding superior court judges may also decide when jury and grand jury proceedings can resume, and technology can potentially be used for juror selection as well as grand jury proceedings and jury trials. The time between March 18, 2020 and March 31, 2021 will not be included in calculations under provisions and statutory procedures requiring court proceedings to be held within a certain amount of time. Starting on July 1, 2020, the public received access to criminal and civil court proceedings by video or phone. Due to the COVID-19 emergency, until March 31, 2021, a court may re-summon a juror who was previously summoned and has met their term of jury service.
Arkansas
- Court Operating Status: Courts in all divisions resumed hearings on May 18, 2020, subject to social distancing rules. The Arkansas Department of Health has stated that courts generally must follow the rules that cover large indoor venues. The Arkansas Supreme Court has provided guidelines for in-person proceedings and protocols following exposure to COVID-19 in the courtroom. All court proceedings, criminal and civil, including appearances, hearings, and arraignments, may take place either by video conference or in-person, as determined by the presiding judge.
- Jury Trials/Proceedings: All jury trials that have not yet begun are suspended until February 28, 2021; jury trials that are already ongoing may be completed. Any speedy-trial delay due to COVID-19 precautions will not be included in speedy-trial calculations. Criminal trials must be conducted in person, but civil trials may be conducted remotely or partly remotely.
California
- Court Operating Status: Subject to judicial discretion, local courts may use videoconferencing or telephonic hearings to conduct civil matters and criminal cases (with consent from criminal defendants) to reduce the spread of the coronavirus. Courts may suspend any rule in the California Rules of Court that prevents them from using remote technology for such proceedings. Civil statutes of limitations that are longer than 180 days were tolled between April 6 and October 1, 2020, while civil statutes of limitations that are 180 days or less were tolled between April 6 and August 3, 2020. For civil cases filed on or before April 6, 2020, six months were added to the time limit for bringing an action to trial (or to a new trial). Attorneys must serve documents electronically in most civil cases if requested by the other party. Parties may use technology to appear remotely for a deposition. Criminal defendants may appear through counsel or remote technology in all pre-trial hearings.
- Jury Trials/Proceedings: Jury trials were suspended and continued for 60 days starting from March 23, 2020, unless courts received permission for additional extensions or conducted them remotely. Criminal jury trials for which the last date on which they could have been conducted occurred between March 16 and June 15 were subject to a 90-day extension from the last date on which the trial could have been conducted.
Colorado
- Court Operating Status: Local courts are to continue operating on an emergency basis until further notice, and they should utilize remote proceedings to the greatest extent possible due to COVID-19 concerns. Subject to judicial discretion, higher priority should be given to urgent matters, such as those involving restraining orders and bail setting.
- Jury Trials/Proceedings: No person shall be summoned for jury service in a Colorado court without the authorization of the Chief Judge of that judicial district, who must determine whether the jury pool can be assembled while complying with applicable executive orders and health directives.
Connecticut
- Court Operating Status: Connecticut courts are steadily broadening the scope of civil, criminal, family, and juvenile proceedings that can be handled in person. People who enter a courthouse are subject to social distancing and face covering requirements. Meanwhile, courts also have expanded their technological capabilities so that many types of pre-trial proceedings and non-jury trials may be conducted remotely. Suspensions of certain statutory time requirements, statutes of limitations, and deadlines expired in December 2020.
- Jury Trials/Proceedings: Trials and other proceedings involving juries are suspended until further notice.
Delaware
- Court Operating Status: The Delaware court system reverted to Phase 2 of its reopening plan on November 16, 2020. This order was most recently extended until February 3, 2021. All courts are encouraged to use audiovisual devices and conduct proceedings remotely. Permitted proceedings during this phase include non-jury criminal and civil trials of non-incarcerated defendants, civil hearings that require the participation of witnesses or clients, and sentencing and case reviews for non-incarcerated defendants, among others. Deadlines related to the speedy trial guidelines are tolled. State courthouses remain open to the public with face covering and social distancing requirements to slow the spread of the coronavirus.
- Jury Trials/Proceedings: Jury trials were suspended as of November 16, 2020. Any future jury trials remain subject to a detailed jury management plan provided by the Delaware Courts Reopening Committee. Grand jury proceedings may be held.
District of Columbia
- Court Operating Status: The DC Superior Court is conducting proceedings in many types of civil, criminal, family, probate, and other matters. However, due to coronavirus concerns, most hearings are being conducted remotely. Certain criminal and domestic violence hearings are partially remote. Generally, non-priority matters scheduled through January 15, 2021 will be rescheduled.
- Jury Trials/Proceedings: Criminal and civil jury trials are suspended until further notice.
Florida
- Court Operating Status: To slow the spread of COVID-19, many of the circuit courts in Florida are modifying their operations based on local public health data. Check the individual website of your local circuit court regarding its operational status.
- Jury Trials/Proceedings: In-person jury trials have been temporarily suspended in some circuit courts, while other circuit courts are temporarily limiting the number of trials that may proceed. Non-trial jury proceedings and non-jury trials also may be temporarily suspended in some circuit courts.
Georgia
- Court Operating Status: Until at least February 7, 2021, courts are encouraged to use video conferencing or telephonic proceedings to the greatest extent possible, and any in-person proceedings must adhere to public health guidelines and constitutional requirements. Deadlines, time schedules, and filing requirements (other than those involving jury or grand jury proceedings) have been reimposed.
- Jury Trials/Proceedings: Jury trials that are not already in progress are prohibited, as are in-person jury selection proceedings. Juror summonses may be issued. Deadlines based on the dates of grand jury proceedings and jury trials, such as speedy trial deadlines, are suspended and tolled. Before jury trials resume, a local committee of judicial system participants in each county must develop a plan for safely resuming jury trials in the county, using the Guidance for Resuming Jury Trials materials. Plans to resume jury trials must be submitted to the Administrative Office of the Courts before the jury trial process begins.
Hawaii
- Court Operating Status: Matters identified by the Chief Judge of each circuit, or by the presiding judge on a case-by-case basis, should be held remotely due to COVID-19 to the degree allowed by law. Any plans to resume operations should comply with social distancing guidelines and account for public health circumstances and county health orders. Judges may postpone matters for health and safety reasons. Access to judiciary facilities is restricted based on public health protocols.
- Jury Trials/Proceedings: Jury trials can resume, barring any public health developments that would make them unsafe.
Idaho
- Court Operating Status: Court proceedings resumed remotely on May 1, 2020. Almost all court proceedings presumptively will continue to be held remotely, except for hearings involving the termination of parental rights and felony sentencing hearings involving a life sentence. However, a presiding judge has the discretion to hold a hearing in person if they find on the record that this is necessary for the court’s needs or to prevent undue prejudice to a party. Strict safety protocols must be followed in these situations.
- Jury Trials/Proceedings: No new jury trials and grand jury impanelment proceedings may begin until further notice. Seated grand juries may continue to serve at the discretion of the presiding district judge who impaneled them. Speedy trial deadlines are tolled. The Idaho Supreme Court will reconsider these measures by March 1, 2021.
Illinois
- Court Operating Status: Chief circuit judges were authorized to develop localized plans for resuming operations in their circuit, based on factors provided by the Illinois Supreme Court. This has led to variations among circuits and counties. Some courts are open only for emergencies, while other courts may hear both essential and non-essential matters in person, subject to judicial discretion regarding public health considerations and court logistics. Continued use of remote proceedings is encouraged when possible to limit the spread of the coronavirus.
- Jury Trials/Proceedings: Local courts are authorized to continue the ongoing suspension of in-person jury proceedings until further order of the Illinois Supreme Court. Remote jury selection by video conference in civil cases is temporarily permitted.
Indiana
- Court Operating Status: To address coronavirus risks, courts are proceeding under individualized transition plans, which were submitted to the Indiana Supreme Court for approval. Maximization of remote proceedings is encouraged. Many courts are conducting remote hearings and may live stream hearings that would normally be open to the public through July 1, 2021.
- Jury Trials/Proceedings: In-person jury trials are suspended until March 1, 2021. Deadlines based on trial dates have been adjusted.
Iowa
- Court Operating Status: Non-emergency in-person proceedings have resumed in specific courts, subject to social distancing and other public health protocols. Urgent proceedings generally will take priority, but some lower-priority cases may be heard before higher-priority cases if hearing them would not delay the higher-priority cases. Courts and attorneys are strongly encouraged to continue using videoconferencing or telephonic methods for non-evidentiary proceedings. Speedy trial deadlines in criminal cases have been extended to account for delays caused by COVID-19. Courts may conduct non-jury trials or accept specific testimony by video conference or telephone with parties’ consent.
- Jury Trials/Proceedings: Other than any jury trials already in progress, all jury trials not yet commenced by November 16, 2020 are postponed until at least February 1, 2021. All grand jury proceedings are suspended until at least February 1, 2021.
Kansas
- Court Operating Status: Courts can reopen if they comply with safety directives and public health guidance, and if they are not subject to a county stay-at-home order or courthouse closure order. In-person hearings may occur if social distancing protocols are followed. However, courts must continue to expand the use of remote hearings as much as possible to promote efficiency. Courts that are not open to the general public must perform essential functions and may perform other functions, depending on local resources and circumstances. Various statutes of limitations, statutory time standards, deadlines, and time limitations have been suspended.
- Jury Trials/Proceedings: Jury trials can resume in courts that are not closed to the public, subject to social distancing rules, sanitation protocols, and any limits on mass gatherings. Prior to resuming, the chief judge of the court must consult with the local public health department and get a jury management plan approved by the Office of Judicial Administration. Courts that are closed to the public may hold a jury trial only to preserve a defendant’s constitutional right to a speedy trial, and they must follow all the steps above.
Kentucky
- Court Operating Status: In-person hearings may be held only for emergency and time-sensitive matters. Otherwise, proceedings should be conducted remotely by using telephonic and video technology. Strict social distancing and face covering rules will be implemented for any in-person proceedings. People who are at high risk for COVID-19, as well as certain other groups, must be allowed to participate remotely.
- Jury Trials/Proceedings: Although jury trials had previously resumed, all civil and criminal jury trials are suspended until after April 1, 2021. Criminal trials with defendants in custody take priority over other trials. Grand jury proceedings must be conducted remotely.
Louisiana
- Court Operating Status: Courts may resume in-person proceedings in civil and criminal matters that do not involve jury trials. These include pre-trial and post-trial in-person proceedings. However, courts are encouraged to continue to conduct matters remotely when possible, with the consent of all parties and the judge. A party in a civil matter may not unreasonably withhold consent to remote proceedings. Strict social distancing rules and occupancy limits apply to in-person proceedings to minimize coronavirus risks.
- Jury Trials/Proceedings: No new jury trials may begin until March 1, 2021. Jury trials that are already in progress may continue at the discretion of the local court. Grand jury proceedings may continue, and new grand juries may be empaneled.
Maine
- Court Operating Status: Almost all proceedings must be conducted remotely until further notice. Exceptions for in-person proceedings include criminal jury trials, criminal arraignments, protection from abuse or harassment hearings, and certain family and juvenile matters, among others. Under special circumstances, a party may file a motion to conduct a proceeding in a format other than the presumed format provided by the Maine Supreme Judicial Court.
- Jury Trials/Proceedings: Jury trials and grand jury proceedings may be scheduled and held in accordance with the COVID-19 Phased Management Plan.
Maryland
- Court Operating Status: On November 30, 2020, courts returned to Phase II of their reopening plan. Courts will continue to use video or telephone technology to conduct specific proceedings remotely.
- Jury Trials/Proceedings: Jury trials are postponed until courts are able to return to Phase V of the reopening plan. Marylanders currently serving as jurors are asked to contact the court. Grand juries may continue at the discretion of the administrative judge or their designee. Speedy trial deadlines are tolled.
Massachusetts
- Court Operating Status: Courts are open to the public but continue to conduct most business virtually in civil and criminal cases. Courts will conduct proceedings in person in emergency and non-emergency matters only if they cannot be handled virtually or if they can be handled more effectively or efficiently in person.
- Jury Trials/Proceedings: Phase 1 of the resumption of jury trials began on a limited basis on January 11, 2021 for six-person juries at designated locations that follow protective practices for health and safety. Trial court departments will maintain their current level of court business until April 5.
Michigan
- Court Operating Status: Michigan has implemented a four-stage plan for a return to full capacity, which requires courts to meet certain gating criteria related to COVID-19 exposure in the court facility, the number of COVID-19 cases in the community, and the capacity of the local health system. On November 16, 2020, Michigan added reverse-gating criteria to determine when a court will move backward to an earlier phase. The proceedings that each court handles depend on the stage of the plan that it has reached. Courts should try to handle proceedings remotely as much as possible, and they must not deny a request to appear remotely unless they have a clear reason to require in-person proceedings.
- Jury Trials/Proceedings: Courts that have reached the second or third stage of the four-stage plan may request approval from the State Court Administrative Office to conduct jury trials. All courts that plan to conduct jury trials must submit one local administrative order that will apply to all jury trials in that jurisdiction. Following approval of the order, a court still must assess public health concerns in deciding whether to conduct each trial.
Minnesota
- Court Operating Status: Most proceedings must be held by remote technology. In-person proceedings may be held only if they are authorized by the Transitional Case Strategies, which are detailed guidelines for phasing back into regular operations. Separate sets of guidelines apply to civil, criminal, juvenile, and probate case types. Courts also must meet the requirements of the Judicial Branch COVID-19 Preparedness Plan before holding in-person proceedings that are authorized by the Transitional Case Strategies. Face coverings must be worn at all court facilities to minimize the spread of the coronavirus.
- Jury Trials/Proceedings: No new jury trials will commence before February 1, 2021, except for criminal jury trials for which an exception is granted. Jury trials had been gradually resuming, subject to strict social distancing, sanitation, and other public health protocols. Trials that have not yet finished may proceed to completion. Grand juries that have already been empaneled will proceed, but no new grand juries will commence before February 1, 2021, unless an exception is granted.
Mississippi
- Court Operating Status: Courts should limit in-person courtroom contact during the COVID-19 outbreak as much as possible by utilizing technologies such as electronic filing, teleconferencing, and videoconferencing. If this is not possible, courts may hold in-person proceedings in certain types of matters, most of which involve emergencies. Judges can exercise their discretion in controlling their dockets and may conduct in-person proceedings, including trials, if they use appropriate caution and comply with Mississippi Supreme Court orders.
- Jury Trials/Proceedings: Jury trials are resuming, but courts must limit the number of people summoned for jury duty. Prospective jurors will be offered grounds for excuse or exemption related to COVID-19. Judges may extend juror-age exemptions to people who are 60 or older.
Missouri
- Court Operating Status: The Missouri court system has implemented a phased approach to its operations during the coronavirus pandemic. Courts are encouraged to use all available technologies to conduct activities remotely to limit the number of in-person proceedings. All proceedings that do not require in-person appearances of parties or counsel are not suspended and may continue as determined by the judge. Certain in-person proceedings are allowed to take place in all phases, such as those necessary to protect the constitutional rights of criminal defendants and proceedings related to emergency mental health orders.
- Jury Trials/Proceedings: Jury and grand jury proceedings can resume in Phase Three, with public health protocols. Such proceedings can occur in earlier phases in limited circumstances.
Montana
- Court Operating Status: Courts will continue utilizing remote or telephone hearings. Face coverings are required in all courtrooms and shared spaces in court-related offices and rooms, with limited exceptions. Courts should work with local health officials on developing screening procedures for those entering courthouses. Local orders for Montana district courts are available on the Montana Judicial Branch website.
- Jury Trials/Proceedings: Judges are continuing to plan locally for jury trials, while consulting with public health authorities. All jury trials need to ensure social distancing and other public health measures. District courts have been issuing orders for local court operations, including provisions related to jury trials. These can be viewed on the Montana Judicial Branch website.
Nebraska
- Court Operating Status: Local courts have been issuing orders for court operations, which can be viewed on the Nebraska Judicial Branch website. Courts holding in-person proceedings must implement a plan to limit transmission of the coronavirus through steps such as remotely conducted hearings, social distancing, and the use of masks. Prospective visitors should call the courthouse before traveling to court to check current operating conditions.
- Jury Trials/Proceedings: Local courts have been issuing orders for court operations, which may include provisions related to jury trials. Local court orders can be viewed on the Nebraska Judicial Branch website.
Nevada
- Court Operating Status: The Nevada Supreme Court issued an administrative order on April 10, 2020, that included a template that district courts could use for issuing administrative orders regarding their operating status. This template contains a variety of provisions intended to protect public health. District courts have been issuing orders throughout the coronavirus pandemic regarding court operations. Check local courts for current operating information.
- Jury Trials/Proceedings: District courts have been issuing orders regarding their court operations, which may include provisions related to jury trials. For example, on January 12, 2021, the Eighth Judicial District Court (Clark County) issued an order that allows jury trials to resume on February 1, 2021. Check local courts for current information.
New Hampshire
- Court Operating Status: New Hampshire Superior and Circuit Courts are open on a restricted basis. All in-person proceedings are suspended until February 1, 2021, with limited exceptions, such as to protect the constitutional rights of criminal defendants. The Superior Court will conduct any bench trial remotely.
- Jury Trials/Proceedings: On July 14, 2020, the New Hampshire Supreme Court issued an order authorizing the Superior Court to resume jury trials and grand jury proceedings in August 2020. Plans to resume jury trials have been affected by increasing coronavirus trends. Jury trials in Sullivan, Strafford, Hillsborough Southern District, and Belknap Counties are canceled for January 2021. Jury trials in Rockingham, Hillsborough Northern District, Cheshire, and Merrimack Counties that have been scheduled for January 2021 remain on schedule. Plans continue to move forward for jury trials to take place in Coos, Grafton, and Carroll Counties in 2021.
New Jersey
- Court Operating Status: New Jersey courts entered Phase 2 of the Judiciary’s Post-Pandemic Plan on June 22, 2020. Some in-person court services have resumed, and a limited number of judges and court staff are working on-site. Most court hearings are being held remotely. Courthouses and court facilities are open only to attorneys, litigants, and members of the public with scheduled proceedings or appointments, with limited exceptions. An appointment is not needed to seek a domestic violence restraining order at a county courthouse. Public health protocols at court facilities include social distancing and mask requirements. Any court in any individual matter may suspend proceedings, extend deadlines, or otherwise accomodate parties, attorneys, or others in the interest of justice.
- Jury Trials/Proceedings: Due to rising coronavirus trends, the New Jersey Supreme Court issued an order that suspended all criminal and civil jury trials as of November 16, 2020. The New Jersey Supreme Court issued an order on January 7, 2021, that authorizes virtual civil jury trials to begin in select jurisdictions on or after February 1, 2021, with a statewide expansion on or after April 5, 2021.
New Mexico
- Court Operating Status: All state courts are open and operating, with public health protocols. Probate and municipal courts may close under certain circumstances. All hearings (except for jury trials) shall be conducted remotely, unless a judge specifically determines that there is a compelling need for an in-person appearance. All in-person hearings (including trials) and other court-organized gatherings shall be held in a way that allows for social distancing. Everyone entering a New Mexico courthouse or judicial building must wear a mask or other face covering, with limited exceptions.
- Jury Trials/Proceedings: The New Mexico Supreme Court issued an order on December 14, 2020, that allows civil and criminal jury trials to resume in February 2021.
New York
- Court Operating Status: Chief Judge Janet DiFiore announced on December 7, 2020, that all non-essential personal appearances in civil courts are temporarily suspended, and a limited number of in-person essential and emergency matters will be heard in criminal, family, and housing court. Courts are continuing to enhance their virtual operations, including significant expansions in e-filing. Courts have instituted a number of public health procedures, including requiring court visitors to undergo COVID-19 screening before entering a courthouse and requiring everyone entering a courthouse to wear a mask. Judicial districts have also issued orders pertaining to local court operations, which can be viewed on the New York State Unified Court website.
- Jury Trials/Proceedings: Scheduling of new criminal and civil trials has been temporarily suspended as of November 16, 2020.
North Carolina
- Court Operating Status: Courts are operating with reduced capacity and restrictions on who can enter court facilities. A temporary statewide pause of many superior court and district court proceedings ended on January 14, 2021. Local judicial officials again have significant decision-making authority in deciding the timing and manner of in-person proceedings. Local court operating updates are available on the North Carolina Judicial Branch website.
- Jury Trials/Proceedings: A temporary statewide pause of jury trials in superior and district courts ended on January 14, 2021. Local judicial officials again have significant decision-making authority in deciding the timing and manner of jury trials. Local court operating updates are available on the North Carolina Judicial Branch website.
North Dakota
- Court Operating Status: Courthouses in a number of counties are closed to the public due to the coronavirus pandemic; access to some of these courts is available by appointment. Face coverings are required for court personnel and users of court facilities, with limited exceptions. Judges are encouraged to allow written submissions and electronic or telephone appearances instead of requiring litigants, attorneys, and others to be physically present at hearings. Specialty courts may resume in-person proceedings at the discretion of the presiding judge, subject to following guidelines for social distancing issued by the North Dakota Department of Health. Presiding judges within the state’s judicial districts have issued administrative orders or other guidance for the operation of their judicial district.
- Jury Trials/Proceedings: Jury trials have been allowed to resume, subject to individual orders from each court. Due to changing coronavirus conditions, the Southwest Judicial District and the Southeast Judicial District have temporarily suspended jury trials until February 1, 2021.
Ohio
- Court Operating Status: The Supreme Court of Ohio has published operational guidance and recommendations for local courts during the coronavirus pandemic. Courts should hold all hearings and trials remotely to the extent possible. Policies developed by local courts must include a mask requirement for those inside a courthouse. Local court operating updates are available on the Supreme Court of Ohio & Ohio Judicial System website.
- Jury Trials/Proceedings: The status of jury proceedings varies by local jurisdiction and updates are available on the Supreme Court of Ohio & Ohio Judicial System website. The Ohio Jury Trial Advisory Group published a report on May 12, 2020 that contained recommendations for resuming jury trials.
Oklahoma
- Court Operating Status: Orders have been issued at the county level pertaining to local court operations and are available on the Oklahoma State Courts Network website. District Court judges are authorized to take any steps needed to protect the health and safety of participants in court proceedings. Judges are encouraged to continue using remote means of participation for court proceedings. All rules and procedures, and all deadlines defined by statute, rule, or order in any civil, juvenile, or criminal case, are again being enforced.
- Jury Trials/Proceedings: District Court judges have the authority to determine the specific timing of any jury term and civil or criminal jury trial.
Oregon
- Court Operating Status: As of November 19, 2020, a circuit court, an appellate court, the Oregon Tax Court, or the Citizen Review Board may conduct any legal proceeding as long as it is done entirely by remote means. In-person proceedings are permitted in limited circumstances. Everyone age five or older is required to wear a face covering in court facilities, with limited exceptions. Local court operating updates are available on the Oregon State Courts website.
- Jury Trials/Proceedings: Courts may conduct criminal jury trials in defined circumstances, such as for criminal defendants who have a constitutional right to a speedy trial. In addition, a Presiding Judge has discretion to permit in-person appearances in a trial or proceeding upon a determination that the trial or proceeding cannot feasibly be held entirely by remote means, that it is important that the trial or proceeding not be postponed, that the trial or proceeding can be held without significant risk to health, and that public health protocols can be followed.
Pennsylvania
- Court Operating Status: The statewide judicial emergency ended as of June 1, 2020. However, local courts are empowered to declare local emergencies. Under such local emergencies, limits may be imposed on in-person proceedings and access to court facilities to prevent the spread of the coronavirus. Check local courts for updates.
- Jury Trials/Proceedings: Under emergencies declared by local courts, jury trials may be suspended in some areas. Check local courts for updates.
Rhode Island
- Court Operating Status: The McGrath Judicial Complex and the Murray Judicial Complex reopened in September with public health protocols, including health screenings and a face covering requirement. All courts should limit in-person hearings to the greatest extent possible. Only critical matters or those that cannot be handled remotely should be conducted in-person.
- Jury Trials/Proceedings: Jury trials are allowed to resume on a limited basis in Providence County, but no jury trial will be scheduled unless the presiding justice provides written authorization that a constitutional, statutory, or other highly critical need exists. The Rhode Island Superior Court has published operational and safety protocols for jury trials. Grand jury proceedings can take place in locations that can provide appropriate social distancing and other safety protocols.
South Carolina
- Court Operating Status: All in-person proceedings in circuit, family, probate, master-in-equity, and summary courts, beginning on or after January 11, 2021, are suspended, with limited exceptions. The use of remote technology to conduct proceedings is encouraged.
- Jury Trials/Proceedings: The commencement of jury trials was suspended in December, and see above regarding the suspension of in-person proceedings. Jury selections and jury trials may be conducted if a plan is approved by the Chief Justice, subject to additional requirements.
South Dakota
- Court Operating Status: The South Dakota Supreme Court declared a judicial emergency on March 13, 2020 and granted the Presiding Judge of each of South Dakota’s seven judicial circuits the authority to enter orders to respond to the coronavirus emergency in their respective jurisdictions. These orders and other local operating updates are available on the South Dakota Unified Judicial System website.
- Jury Trials/Proceedings: Check the orders and updates discussed above for local operating conditions. The South Dakota Supreme Court has also suspended provisions of South Dakota Codified Laws section 23A-44-5-1 (commonly known as the 180-day rule), which requires a defendant to be brought to trial within 180 days of their first appearance before a judicial officer on an indictment, information, or complaint.
Tennessee
- Court Operating Status: All in-person proceedings in state and local courts are suspended through January 29, 2021, with limited exceptions, such as proceedings necessary to protect the constitutional rights of criminal defendants. Courts are encouraged to conduct as much business as possible through methods other than in-person court proceedings, such as remote technologies. On December 10, 2020, the Tennessee Supreme Court approved an Alternative Dispute Resolution Plan to help reduce the backlog of civil cases caused by the coronavirus pandemic. Everyone must wear a face covering when entering court facilities to conduct court-related business, with limited exceptions.
- Jury Trials/Proceedings: Jury trials are suspended through February 26, 2021, subject to case-by-case exceptions that may be granted by the Chief Justice.
Texas
- Court Operating Status: Courts must use all reasonable efforts to conduct proceedings remotely. A court must submit an operating plan that takes COVID-19 guidance into account prior to holding in-person proceedings. Any court may modify or suspend deadlines and procedures until February 1, 2021.
- Jury Trials/Proceedings: Existing grand juries may meet remotely or in person as long as adequate social distancing and other public health precautions are taken. No in-person jury proceedings may be held in justice or municipal courts before February 1, 2021. In-person jury proceedings in other courts may take place under limited circumstances, which include taking public health considerations into account. In criminal cases involving a potential jail or prison sentence, remote jury proceedings may not be conducted without waivers and consent from the defendant and the prosecutor. Remote jury proceedings may be conducted in other cases, as long as the court has considered on the record any related objection or motion.
Utah
- Court Operating Status: Courts are following a coronavirus pandemic Risk Response Plan, which includes color-coded phases and associated operating guidelines. The judiciary is in the Red level, with some courts being approved for the Yellow level. The Utah Courts website displays the color-coded phase for courts in each county. All hearings shall be conducted on the papers or through remote means, with limited exceptions.
- Jury Trials/Proceedings: For courts in the Red level, district court and justice court judges are prohibited from conducting civil or criminal jury trials, with limited exceptions. For courts in the Yellow level, district court and justice court judges may conduct criminal and civil jury trials, subject to public health protocols and other operational requirements.
Vermont
- Court Operating Status: Access to judiciary buildings is limited. Everyone entering a courthouse must undergo a health screening, wear a face covering, and maintain social distancing inside the building. All hearings in superior courts should be conducted remotely, with limited exceptions.
- Jury Trials/Proceedings: Superior courts may schedule and hold criminal and civil jury trials only with the authorization of the Chief Superior Judge and the Court Administrator.
Virginia
- Court Operating Status: Courts should conduct as much business as possible by means other than in-person proceedings. Coronavirus protocols include a requirement that everyone age five or over must wear a face covering when entering a courthouse, with limited exceptions. Check local courts for specific operating updates.
- Jury Trials/Proceedings: Chief Circuit Court Judges are required to submit plans for their judicial circuit, including the timing and process for safely conducting jury trials, to the Chief Justice of the Virginia Supreme Court. Jury trials may be held as soon as a plan has been approved and if the chief judge and presiding judge determine that it is safe to do so.
Washington
- Court Operating Status: Courts should continue using remote proceedings whenever appropriate. Non-jury civil and criminal trials may be conducted by remote means or in person with strict observance of social distancing and other coronavirus protocols. Courts have discretion to postpone all non-emergency civil matters. Check local courts for specific operating updates.
- Jury Trials/Proceedings: The Washington Supreme Court stated in an order issued on October 13, 2020 that civil or criminal jury trials already in session, in which a jury has been sworn and social distancing and other public health measures are strictly observed, may proceed or may be postponed if the defendant (in a criminal matter) or the parties (in a civil matter) agree to a continuance.
West Virginia
- Court Operating Status: In-person hearings and proceedings have been allowed to resume, but the use of remote technology to conduct hearings and proceedings is encouraged. Public health protocols include a requirement that members of the public, attorneys, parties, and witnesses must wear masks in a courtroom or judicial office. Local judicial officers can implement additional measures to protect public health as appropriate for their community.
- Jury Trials/Proceedings: Jury trials and grand jury proceedings have been allowed to resume, subject to public health considerations and implementation of coronavirus protocols. Large-scale jury orientations or trials requiring large jury pools are currently suspended.
Wisconsin
- Court Operating Status: Courthouses in some jurisdictions are closed to the public until further notice. In-person proceedings can resume at a municipal or circuit court once an operational plan for the safe resumption of in-person proceedings and jury trials has been approved by the chief judge of the applicable judicial administrative district. The operational plan must contain public health protocols, including a requirement that everyone present in courtrooms, jury rooms, and other court-related confined spaces wear face coverings, with limited exceptions. Courts are encouraged to incorporate into their plans the recommendations in the Chief Justice’s COVID-19 Task Force Final Report. If circumstances change in a local jurisdiction, a chief judge of a judicial administrative district may withdraw their approval of a plan, and an amended plan may be created.
- Jury Trials/Proceedings: Civil and criminal jury trials can resume at a circuit court once an operational plan for the safe resumption of in-person proceedings and jury trials has been approved by the chief judge of the applicable judicial administrative district.
Wyoming
- Court Operating Status: All in-person proceedings in Circuit and District Courts and the Wyoming Supreme Court are suspended with limited exceptions, such as proceedings necessary to protect the constitutional rights of criminal defendants. Judges are encouraged to use remote technology for all other statutorily or constitutionally required hearings. The Wyoming Supreme Court has issued reopening guidelines for court employees and public proceedings that include hygiene and social distancing protocols. Judges in local courthouses are instructed to develop and adopt a COVID-19 operating plan for their location.
- Jury Trials/Proceedings: Jury trials can only be held if certain conditions are met, including a determination by the presiding judge that the trial can be conducted safely. Reasonable attempts should be made to reschedule criminal trials, subject to the requirement that defendants be provided with speedy trials as required by law. All civil trials, hearings, and motions should be postponed and rescheduled for a later date, unless the presiding judge determines that the proceedings can be held remotely or based on a COVID-19 Operating Plan that has been adopted by the judges of the relevant courthouse and submitted to the Wyoming Supreme Court.