The ban on civil and criminal jury trials, as well as civil case filing deadlines, have been extended 30 days, according to a new emergency order issued late Monday by the Texas Supreme Court.
In what has become a monthly ritual, the state’s highest court issued its 18th emergency order related to the COVID-19 pandemic that essentially extends its previous emergency order from May 26 for another month, except in a few specific circumstances.
The six-page order, signed by all seven justices, continues to severely limit Texas district court judges from conducting in-person proceedings – including jury trials – until Sept. 1 except those specifically and individually that meet the safety guidelines of the Texas Administrative Office of the Courts.
The Supreme Court, however, removed the requirement that the parties must agree if an experimental jury trial occurs.
And the Supreme Court advises judges to continue to employ remote technology for hearings as much as possible.
The court’s order prohibits “proceedings contrary to the Guidance for All Court Proceedings During COVID-19 Pandemic issued by the Office of Court Administration, which may be updated from time to time, regarding social distancing, maximum group size, and other restrictions and precautions. Prior to holding any in-person proceedings, a court must submit an operating plan that is consistent with the requirements set forth in the Guidance. Courts must continue to use all reasonable efforts to conduct proceedings remotely.”
Texas judges are permitted to extend filing deadlines and procedures in civil and criminal cases until Sept. 30.
“Any deadline for the filing or service of any civil case that falls on a day between March 13 and August 1 is extended until September 15,” the order states. “As previous emergency orders have noted, this does not include deadlines for perfecting appeals or for other appellate proceedings.”
The emergency order prohibits Texas judges from conducting “jury proceedings” in civil and criminal cases until Sept. 1, except under certain situations, which are best and more acutely explained in this Supreme Court issued public summary:
“The Office of Court Administration, in coordination with the state’s regional presiding judges and local administrative judges, should assist trial courts in a limited number of jury proceedings before September 1, whether in-person or by remote proceedings involving trial and grand jurors. No later than August 15 the Office of Court Administration must recommend to the Court provisions for jury proceedings based on its evaluations of specially authorized jury proceedings.”
This new emergency order does eliminates further deadline extensions on attorney-discipline and lawyer-disability cases, which may be conducted remotely. It also ends the deadline extensions for Judicial Branch Certification Commission-sanctioned issuance or renewal of certifications, licenses or registrations or for fulfilling mandatory continuing education.
“This Order is effective immediately and expires August 31, 2020, except as otherwise stated herein, unless extended by the Chief Justice of the Supreme Court.”
Here is a link to the actual order.