Sixth Order Extending Declaration of Judicial Emergency In Response to Covid-19 Emergency entered by the Virginia Supreme Court

The Sixth Order Extending Declaration of Judicial Emergency In Response to Covid-19 Emergency entered by the Virginia Supreme Court was entered yesterday. Highlights are offered below.  You can review the entire Order here.

  • The Declaration of Judicial Emergency is EXTENDED until July 19, 2020
  • Statutes of Limitations and case related deadlines (except for discovery deadlines) continue to be tolled during period of Judicial Emergency.
  • While video conferencing and telephonic hearings are preferred, Courts may hear in-person non-emergency matters and non-jury cases if they determine it is safe to do so.
  • Still not necessary for a party to obtain the agreement of any other party to bring a pre-trial motion before the court set a non-jury trial.
  • Facemasks required
  • Continuances and excuses for failure to appear shall be liberally granted for reasons resulting from impact of Covid-19
  • Jury trials remain suspended and no jury trials shall take place for the duration of this Order. Jury trials after July 19 are subject to a further period of suspension if the Declaration of Judicial Emergency is extended.
  • Judge Lemons has appointed a Task Force to address the reinstatement of jury trials in the Commonwealth.

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