CHARLESTON – The state Supreme Court has issued a temporary order that allows judges to proceed with a wider variety of cases as long as they hold hearings via telephone or video conference.
The April 24 temporary order supplements the court's order issued April 22 and will remain in effect for seven days. During this time, individuals may submit email comments to the Office of Clerk of the Supreme Court at Edythe.gaiser@courtswv.gov.
After that time, the court will reconsider whether additional measures are required.
Armstead
The temporary order:
* Encourages judges to assess the status of pending civil cases that have trial dates in less than six months and consider amending existing scheduling orders as needed;
* Allows judges to consider fully submitted motions. The order creates a briefing schedule to allow motion practice to proceed and requires parties to state in filings whether a hearing is required. A judge can rule on a motion based on the materials submitted;
* Allows discovery in civil cases to proceed. Parties must respond as fully as possible considering the current circumstances. To the extent the COVID-19 crisis results in difficulties for a party to comply with properly executed discovery requests, it is the obligation of the parties to confer regarding how that discovery shall be conducted, with the aim of permitting otherwise proper discovery to the greatest extent possible;
* Permits depositions by remote methods, including remote attendance by court reporters; and
* Says that depositions of health care providers and first responders involved in treating COVID-19 patients are not permitted, except for limited circumstances.
On April 22, Chief Justice Tim Armstead entered an order extending the Judicial Emergency because of the Coronavirus pandemic through May 15.
The original order set the emergency through April 10, and the first extension of that was scheduled to end April 27.
““This order extends the judicial emergency precautions through May 15 as we continue to monitor the health care concerns related to the COVID-19 virus,” Armstead said of the latest order signed April 22. “Because our courts have rapidly adapted to the use of technology to avoid in-person hearings, we have modified the previous order to allow judges to move forward with additional matters in certain circumstances but only where proceedings can be held remotely via telephone or video conferencing.
“The health and well-being of our citizens remains an overriding concern.”
The April 22 state Supreme Court order:
· Extends the prior period of judicial emergency that was set to expire on May 1 to May 15;
· Continues stay of jury trials and grand jury proceedings until May 15;
· Allows for non-contested adoption proceedings to be held;
· Allows for circuit judges, family court judges, and magistrates to hold telephone or video hearings, proceedings, and bench trials in non-emergency cases with the mutual consent of the parties, which shall not be unreasonably withheld;
· Allows judges and magistrates to impose deadlines on parties related to nonemergency telephone or video hearings, proceedings, and bench trials; and
· Extends stays of wrongful occupation and eviction hearings, absent a finding of significant harm if the proceeding is delayed, until May 18.
All other provisions of the previous emergency orders remain in place.
The new orders, as well as all judicial documents relating to the Coronavirus pandemic, can be found on the West Virginia Judiciary website: http://www.courtswv.gov/covid19/COVID19.html. The Supreme Court said it continually is monitoring developments related to the outbreak and will assess the need to modify or extend the Judicial Emergency Order as circumstances warrant.