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Ex. AGY-ST-COURTS-021 Order Primary source read

Order Declaring a Judicial Emergency

Declaration of a statewide judicial emergency effective 8:00 a.m. March 16, 2020 for 30 days; trial courts authorized to continue all trials and hearings; audiovisual proceedings authorized; Speedy Trial Guidelines tolled

Chief Justice Collins J. Seitz, Jr., Supreme Court of Delaware · Supreme Court of the State of Delaware (Chief Justice; statewide) (Court)

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The record

Jurisdiction
Supreme Court of the State of Delaware (Chief Justice; statewide) · Delaware
Level
Court
Authority
10 Del. C. § 2004(a) (declaration of judicial emergency for 'disease... affecting the ability to access the courthouses or the ability to staff courts'); 10 Del. C. ch. 20
Issued
2020-03-13 Mar. 13, 2020
Effective
2020-03-16 08:00 (read as 2020-03-16)
End
Thirty days, 'subject to further review'; extended in 30-day increments by Administrative Orders Nos. 4-22 until 8:00 a.m. July 13, 2021 (Ex. AGY-ST-COURTS-061) (read as 2021-07-13)
In force
Mar. 16, 2020 to July 13, 2021
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Emergency declarationGathering capCourts and public offices
Addressees
  • all trial courts in the State
  • litigants, counsel, jurors and the public
Functions reached
  • CT courts and agencies (all Delaware courts)
  • SV servicing and collections
  • CL closings
  • PM property management (eviction dockets)
  • WF workforce (jurors, witnesses)
Collection
State courts AGY-ST-COURTS

Operative words

1. Under the authority of 10 Del. C. § 2004, a judicial emergency is declared, to become effective March 16, 2020 at 8:00 a.m. and continuing for 30 days, subject to further review. 2. During the period of judicial emergency, all trial courts in the State shall have the discretion to continue trials and hearings in civil and criminal cases for a period of 30 days in order to limit the number of people gathering in public court buildings. 3. To the greatest extent possible, all trial courts in the State are authorized and encouraged to utilize audiovisual devices to conduct proceedings (except for jury trials). 4. During the period of judicial emergency, all time requirements under the Speedy Trial Guidelines are hereby tolled.

Enforcement

10 Del. C. §§ 2004-2009 (judicial emergency powers: venue changes, audiovisual proceedings, suspension and tolling of deadlines, 'such other actions as are reasonably necessary')

Notes

The predicate for every Delaware court instrument through July 13, 2021; the Chief Justice's own recital ties it to the Governor's 20 Del. C. ch. 31 declaration and the limit on 'non-essential mass gatherings' of 100 or more.

Retrieval note

This exhibit supplies it.