Jones Walker is proactively working with clients to help them move away from reacting to the COVID-19 crisis to getting ahead of it. We are also arming our clients with the information they need to identify key priorities and shift resources to where they are needed most. Below, we have provided a summary of existing federal and state court orders impacting litigation throughout the Gulf South. We also recommend this data visualization tool from the National Center for State Courts for information about the status of other courts throughout the country. We realize many unknowns remain, but our focus and advocacy continues to be on you and your success.
US APPELLATE COURTS
- The Court has cancelled in-person oral arguments scheduled for March 30 – April 2, 2020. Clerk’s Office staff will personally contact counsel and discuss individual cases, including possible telephonic argument for cases the panels determine require argument. The public is advised that if telephonic argument is held, the court will promptly post the audio files on this website.
- The John Minor Wisdom Building has been closed until further notice.
- The Clerk’s Office remains open for telephonic, electronic, and mail operations. The Clerk’s Office in the F. Edward Hebert Building will be closed to the public. If a paper filing is required, a clerk employee will accept delivery on the ground floor entrance to the building with coordination at 504-310-7637.
- Parties are advised that the court has suspended until further notice the requirement to file paper copies of electronically filed pleadings and documents. The Clerk of the Court may direct the parties or counsel to provide paper copies of filings on a case-by-case basis, and at a future date, parties or counsel may be directed to provide paper copies of filings previously submitted electronically.
- All current deadlines remain in effect, except for those regarding production of paper copies. Extensions with justification may be requested from the Clerk’s Office following normal procedures and rules.
- Panels are authorized to hear any or all oral arguments by audio or teleconference instead of in person.
- Where feasible, oral arguments not conducted in an open courtroom will be live-streamed for anyone who wishes to listen. Recordings of oral arguments will be made available to the public without cost on the Court’s website.
- The court has suspended until further notice the requirement to file paper copies of electronically filed pleadings and documents.
ALABAMA:
- Access to the Montgomery, Dothan, and Opelika Courthouses is restrict to judges, court staff, members of the media, and visitors with official business with the Court.
- Effective March 17, 2020, no jurors will be summoned for civil or criminal jury trials in any division of the Middle District of Alabama for 30 days.
- Effective March 17, 2020, all jury trials are continued for 30 days.
- Effective March 17, 2020, all grand jury proceedings are continued for 30 days.
- Initial Appearances, arraignments, and detention hearings before the Magistrate Judges will continue, but will be conducted by telephone or by video-conference.
Northern District of Alabama –
- Inform court of contact with virus. Court access restricted accordingly.
Southern District of Alabama –
- TBD – inform court if been in contact with virus.
FLORIDA:
- Restrict access to courthouse.
Northern District of Florida –
- Jury trials and grand jury proceedings have been cancelled for the month of March.
- All Court locations in the Northern District of Florida remain closed to the public, with the exception of those who are required to attend Court hearings, trials, or other matters before the Court requiring in-person attendance.
- Civil Violations Bureau initial appearances scheduled for March, April, and May have been rescheduled for June 17th, 2020.
- All naturalization ceremonies scheduled for March and April have been cancelled.
- In-person hearings, when possible, have been converted to telephonic or video-conference hearings.
Southern District of Florida –
- United States Courthouses in Miami, Fort Lauderdale, West Palm Beach, Fort Pierce, and Key West, including Bankruptcy Court and Probation, will remain open for business, with reduced staffing, to a level to maintain essential operations, consistent with Administrative Order 2020-20 and subject to the following limitations.
- All jury trials scheduled to begin on or after March 16 through April 27, 2020 are continued.
- All trial specific deadlines in criminal cases scheduled to begin before April 27, 2020 are continued.
- Individual judges may continue to hold hearings, conferences, and bench trials in the exercise of their discretion.
- Judges are encouraged to conduct proceedings by telephone or video conference.
- Criminal matters before Magistrate Judges shall continue in ordinary course.
- Grand juries shall continue to meet pending further order.
LOUISIANA:
On April 22, 2020, the Supreme Court of Louisiana issued its latest Order. Most notably, this Order:
- Extends all provisions of the Court’s April 6th Order without date.
- Orders that no civil or criminal jury trial shall commence in any Louisiana state court before June 30, 2020.
On March 16, 2020 the Supreme Court of Louisiana issued its Order, as amended, for Louisiana Courts as a result of the COVID-19 pandemic. Relevantly, the Supreme Court ordered that
- All jury trials, both civil and criminal, scheduled to commence in any Louisiana state court between the date of this Order and March 27, 2020, are hereby continued to a date to be reset by local order no earlier than March 30, 2020. Civil and criminal jury trials that are in progress as of March 13, 2020 may continue to conclusion, in the discretion of the local court.
- All civil trials, hearings and court appearances set for any date between the date of this Order and March 27, 2020 are hereby continued to a date to be reset by local order, except for hearings related to the following: civil protective orders, child in need of care proceedings, emergency child custody matters, proceedings for children removed from their home by emergency court order, proceedings related to emergency interdictions and mental health orders, matters of public health related to this crisis and other emergency matters necessary to protect the health, safety and liberty of individuals as determined by each court.
- Criminal initial appearances, arraignments, and bond hearings shall continue as scheduled and shall be conducted by telephone and video conference whenever possible.
- Courts must take immediate measures to limit access to courtrooms and other spaces, with absolute minimum physical contact, to practice social distancing and limit court activity to only the essential functions, in accordance with the “Stay At Home Order” issued by Governor John Bel Edwards.
- The essential criminal matters set forth in Section 3 of this Court’s March 16, 2020 Order should be conducted via video and/or telephone conferencing with increased frequency to alleviate potential overcrowding of jails, which is a public health emergency for citizens and jail personnel.
- The essential civil matters set forth in Section 2 of the Court’s March 16, 2020 Order should be conducted via video and/or telephone conferencing.
The various judicial district courts, city courts, etc. have issued individual, court-specific orders in light of the Supreme Court’s order. The Supreme Court is compiling notices from the various courts on its homepage: http://www.lasc.org/.
Eastern District of Louisiana –
The COVID-19 General Order No. 20-6, dated April 24, 2020 states as follows:
- All civil and criminal jury trials are suspended until August 1, 2020.
- These continuances do not continue any pending deadlines other than trial dates. Counsel is directed to contact the presiding judge if they seek to modify other deadlines.
- For other matters requiring in-person appearances, including bench trials, hearings, conferences, etc. in criminal and civil matters through August 1, 2020, counsel must contact chambers to determine whether and how the matter will proceed.
- All grand jury proceedings are suspended until August 1, 2020, subject to change upon motion from the government and further Court orders.
- For criminal matters, the time period of the postponements implemented by this administrative order will be excluded under the Speedy Trial Act.
- All other events involving the Court or scheduled to be held in the courthouse including CLE courses, tours, Inns of Court meetings, naturalization ceremonies from May 1, 2020 to August 1, 2020 are cancelled and will be rescheduled when appropriate.
Past Coronavirus (COVID-19) Orders and Notices
- All civil and criminal bench and jury trials are continued until May 1, 2020, to a date to be reset by each presiding judge, but does not continue any other pending deadlines.
- All hearings, proceedings, and conferences continued until May 1,2 020, but other deadlines currently pending are not continued.
- All grand jury proceedings are continued until May 1, 2020.
- Criminal proceedings before the Magistrate Judges of the United States District Court for Eastern District of Louisiana will be adjusted as follows: Court will be convened on Mondays and Fridays. To the extent feasible, these twice-weekly court sessions will be conducted by video conference, as long as the defendant consents to that procedure.
- Sealed documents should be submitted by email to the Court at sealeddocs@laed.uscourts.gov. Please use the encrypted “Send Securely” option in your email if available. Documents should be in PDF format and include an electronic signature of the attorney filing it.
Middle District of Louisiana –
- All civil and criminal trials, bench and jury, are postponed to a date on or after May 1, 2020. This postponement does not affect any other pending deadlines other than the pre-trial conference and trial dates.
- All civil evidentiary hearings and other in-court hearings and proceedings set until April 10, 2020 are postponed.
- All grand jury proceedings are postponed.
- Initial appearances in criminal matters will be conducted by video conference. Other criminal matters will take place in ordinary course or by video conference at the discretion of the assigned judge.
- Prescriptive, peremptive and statute of limitation deadlines are hereby interrupted until April 13, 2020.
Western District of Louisiana –
- All civil and criminal jury trials scheduled to begin on any date from now through May 1, 2020, are continued, to a date to be reset by each presiding judge. All other hearings, conferences and/or proceedings are subject to the discretion of the individual judge presiding over the proceeding.
- Individual judges may continue to hold in-person hearings, sentencing proceedings and conferences, but counsel may seek relief from those matters by appropriate motions. The parties are encouraged to seek to participate in non-sentencing hearings and conferences by telephone or video.
- Magistrate Judges will continue to preside over criminal matters, such as initial appearances, arraignments, detention hearings and the issuance of warrants. Wherever feasible, Magistrate Judges should consider the use of video conferencing for initial appearances and other hearings as appropriate.
- Public access to the Louisiana Western District Clerk of Court Offices in the Alexandria, Lafayette, Lake Charles, Monroe and Shreveport Divisions is suspended.
For convenience, below are summaries of the orders issued by the Judicial District Courts for the Parishes of Caddo, East Baton Rouge, Jefferson, Lafayette, and Orleans.
- ORDER – http://www.lasc.org/COVID19/Orders/2020-03-16_1stJDC.pdf
- Effective through April 10, 2020 – people with coronavirus exposure shall not enter the courthouse.
- All criminal trials, hearings, and court appearances are continued except for: first appearances, bond hearings, protective order hearings, arraignments (which shall be conducted by video when possible), probation revocation hearings when the defendant is in custody.
- All civil and trial hearings and court appearances are continued except civil protective orders, emergency child custody matters, emergency interdictions, public health matters related to the current health emergency, civil commitments, any matter in which a rule to show cause is granted after the moving party sets forth written grounds why the matter should proceed.
- ANNOUNCEMENT – http://www.lasc.org/COVID19/Orders/2020-03-13_19thJDC.pdf
- All court proceedings (civil, criminal and traffic court) will be suspended through the end of the day Friday, March 27, 2020.
- The departments of the court – Bail Bond, Traffic Office, and Drug Lab will continue to operate as usual.
- All jury trials are cancelled until Friday, April 17, 2020.
- FIRST ORDER – http://www.lasc.org/COVID19/Orders/2020-03-17_19thJDC.pdf
- The 19th JDC will close at 4:30 p.m. on March 17, 2020 and will remain closed until 8:00 a.m. on Monday, April 13, 2020.
- Pending criminal cases and civil matters set during this closure will be notified of a new court date.
- All dockets are cancelled except emergency and time sensitive matters as determined by the Court, which may be held by telephone or video conference.
- The Clerk of Court’s office will be open only foe emergency filings between 8:00 a.m. and 12:00 p.m., Monday through Friday.
- AMENDMENT TO FIRST ORDER – http://www.lasc.org/COVID19/Orders/2020-03-18_19thJDC.pdf
- Beginning March 19, 2020, the Clerk of Court’s office shall remain open as set forth above at the Airline Highway branch office only, located at 9050 Airline Highway Suite 100 for purposes of submitted Recorded Documents/Notarial Acts only.
- Emergency filings to the 19th JDC will be accepted in the Courthouse at 300 North Boulevard on Monday through Friday from 8:00 a.m. to 12:00 p.m.
Jefferson Parish:
- MARCH 23 ORDER – http://www.lasc.org/COVID19/Orders/2020-03-23_24thJDC.pdf
- MARCH 16 ORDER (supersedes March 13 order, except that provisions not addressed by the March 16 order remain in effect) – http://www.lasc.org/COVID19/Orders/2020-03-16_24thJDC.pdf
- MARCH 13 ORDER – http://www.lasc.org/COVID19/Orders/2020-03-13_24thJDC.pdf
- All jury trials are suspended until May 15, 2020.
- The 24th JDC will close until 8:00 am on April 13, 2020.Those with pending criminal cases set during the closure are ordered to report to the assigned division between April 13, 2020 and May 15, 2020 to secure a new court date.
- Civil matters set through the closure are ordered to contact the division clerk for further instructions on or after April 13, 2020.
- Jurors noticed during the closure are dismissed.
- All dockets are cancelled except:
- In criminal matters, first appearances, arraignments for incarcerated individuals, and bond hearings shall proceed and may be held by teleconference or video conference.
- Emergency and time-sensitive matters as determined by the court may be held by teleconference or video conference.
- Non-emergency civil and criminal pleadings and motions should be filed by electronic means only. In addition to e-filing documents, both civil and criminal documents may be filed by fax. For emergency filings and/or those which cannot be accomplished by e-filing or fax filing, the Clerk of Court’s office is open and available to accept filings in person from 8:30 a.m. to 4:30 p.m. Monday through Friday.
- Filings shall be submitted by e-filing or fax filing. For emergency filings that cannot be submitted by e-filing or fax filing, the Clerk of Court’s office is open by appointment only from 9:00 a.m. – 2:00 p.m. Monday through Friday.
15th Judicial District Court, including Lafayette Parish:
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- ORDER – http://www.lasc.org/COVID19/Orders/2020-03-15_15thJDC.pdf
- FIRST SUPPLEMENT TO ORDER – http://www.lasc.org/COVID19/Orders/2020-03-17_15thJDCsuppOrder.pdf
- SECOND SUPPLEMENT TO ORDER – http://www.lasc.org/COVID19/Orders/2020-03-19_15thJDC.pdf
- THIRD SUPPLEMENTAL ORDER – http://www.lasc.org/COVID19/Orders/2020-03-23_15thJDC.pdf
- All trials and hearings set from March 16 through March 27, 2020 are continued except (in all parishes) civil protective orders, emergency child custody matters, proceedings for children removed from their home by emergency court order, and emergency commitment hearings.
- All trials and hearings set from March 30 through April 9, 2020 are continued except in Vermilion Parish on Monday, March 30, 2020 the Interdiction matter set before Judge Broussard will go forward as scheduled. On Tuesday, April 7, 2020 the Child in Need of Care cases in Vermilion Parish will go forward as scheduled.
- Criminal initial appearances, arraignments, and bond hearings shall continue as scheduled and shall be conducted by video conference for adults. Juvenile bond hearings and initial appearances will be conducted via telephone or video conference.
- Domestic hearing officer conferences will be conducted via telephone when possible or will be reset.
- All jurors summoned for service between March 16 and March 23, 2020 will be reset for a future jury week. All jurors summoned for service between March 30 and April 9, 2020 will be reset for a future jury week.
- Anyone set to appear in criminal court in Lafayette Parish or Vermilion Parish between March 16 and March 27, 2020 are to report to the respective courthouses on their scheduled court dates to be served with a new court date.
- Anyone set to appear in criminal court or traffic court in Lafayette Parish between March 30 and April 9, 2020 are to utilize the drive through system at the Lafayette Parish Courthouse to be served with a new court date beginning on March 20, 2020.
- Anyone set for Vermilion Parish criminal court during the week of Monday, March 30 is to appear on March 30, 2020 at the temporary outdoor office on the east porch of the courthouse facing Charity Street to be served with a new date.
- In all Parishes, the courthouses will be closed to the public except to provide services in the following categories:
- Civil domestic protective orders;
- Emergency child custody matters;
- Proceedings for children removed from their home by emergency court order;
- Emergency interdiction/commitment matters.
- Adult criminal 72 hour hearings and bond reductions, including Gwen’s Law hearings, will be conducted via telephone or video conference.
- In Lafayette and Vermilion Parish, persons seeking civil domestic protective orders and emergency child custody matters shall make application for such between 10:00 a.m. and 2:00 p.m. at the appropriate courthouse.
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- CDC and the First and Second City Court will be closing through April 13, 2020.
- The Clerk’s Office’s Civil Division and Land Records Division (Mortgage and Conveyance) are closed until further notice.
- Civil Division- e-filing and fax filing is allowed.
- The Land Records Division (Mortgage and Conveyance) remains available from 9:00 a.m. to 1:00 p.m. for recordings during this period.
- All jury trials are suspended through April 13, 2020.
- Jurors who are scheduled to register for jury service on April 2, 2020 for service in May are not appear in person, but should register online.
- All civil trials, hearings, status conferences, and court appearances set until April 13, 2020 are continued except for civil protective orders, emergency child custody matters, proceedings related to emergency interdictions and mental health orders, matters of public health related to this crisis and other emergency matters necessary to protect the health, safety, and liberty of individuals as determined by the Court.
- CDC will have a duty judge available to sign orders related to the emergency civil matters above.
- First and Second City Court have suspended all evictions hearings until April 13, 2020.
- CDC will be restricting settings to emergency and time-sensitive matters when possible.
Orleans Criminal District Court –
- MARCH 13 LETTER – http://www.lasc.org/COVID19/Orders/2020-03-13_OrleansCriminal.pdf
- MARCH 14 ORDER – http://www.lasc.org/COVID19/Orders/2020-03-14_OrleansCriminal.pdf
- The Criminal District Court orders the Department of Corrections to cease and desist the transportation of all inmates effective Monday, March 16, 2020 until further notice.
- All emergency matters may be presented to Deputy Chief Judge Robin D. Pittman and Former Chief Judge Keva Landrum as set out in the order.
- MARCH 15 ORDER – http://www.lasc.org/COVID19/Orders/2020-03-15_OrleansCriminal.pdf
- All criminal proceedings are suspended and the Criminal District Court is closed.
- All attorneys, defendants, and witnesses with scheduled criminal proceedings and notices to appear from March 16, 2020 through April 10, 2020 shall appear between April 13, 2020 and April 17, 2020 for a subpoena for their new court date.
- All jury trials are suspended for the duration of this order.
- All jurors serving for the month of March are dismissed.
- All jurors summoned for the month April 2020 will be notified regarding reporting for jury service.
- All first appearances will be held via audio and/or video conferencing.
- MARCH 13 ORDER – http://www.lasc.org/COVID19/Orders/2020-03-13_OrleansJuv.pdf
- All attorneys, defendants, and witnesses with scheduled proceedings and notices to appear will receive a subpoena for their new court dates between April 13 and April 17, 2020. Phone calls will be made to the attorneys, defendants, and witnesses by the Youth and Family Specialists and subpoenas hand delivered to defendants and witnesses by the process servers.
- MARCH 18 ORDER – http://www.lasc.org/COVID19/Orders/2020-03-13_OrleansJuv.pdf
- Sections of Court of Orleans Parish Juvenile Court, Parish of Orleans, State of Louisiana and the Orleans Parish Juvenile Clerk of Court’s office shall be closed Thursday, March 19, 2020 through April 1, 2020 for court proceedings.
- Court proceedings will resume Tuesday, April 2, 2020.
MISSISSIPPI:
Northern District of Mississippi –
- All proceedings, civil and criminal, scheduled or typically undertaken in person should be continued or conducted by video or telephone conference to every extent possible.
Southern District of Mississippi –
- All non-essential civil and criminal matters set for hearing or trial in any federal courthouse within the Southern District are hereby continued. Initial appearances, arraignments, detention hearings, and issuance of warrants are deemed essential.
- As to all other currently set matters during this period, the presiding judge shall have sole discretion to determine whether they are essential and should go forward, or whether they can be conducted by video-conference or telephone.
TEXAS:
- All civil and criminal jury trials scheduled to begin on any date from now through May 1, 2020, are continued, to a date to be reset by each presiding judge. Those continuances do not continue any pending deadlines other than the trial dates.
- Individual judges may continue to hold bench trials, in-person hearings, sentencing proceedings, scheduling conferences and other court proceedings as they deem appropriate, on a case by case basis. Counsel may seek relief from those matters by appropriate motions.
- The use of telephonic or video proceedings are welcomed where deemed appropriate by the presiding judge.
- All grand jury proceedings between now and through May 1, 2020, are continued. All deadlines are suspended and tolled for all purposes, including the statute of limitations, from today through May 1, 2020.
- The currently scheduled session of the EDTX Grand Jury to be held in Tyler, Texas on Wednesday, March 18th, 2020, shall proceed as scheduled and shall conclude prior to the end of Thursday, March 19th, 2020. All other grand jury proceedings within EDTX through May 1, 2020, are continued. All related deadlines are suspended and tolled for all purposes, including the statute of limitations, from this date through May 1, 2020.
- The Plano Courthouse is closed through April 1, 2020.
- All civil and criminal bench and jury trials scheduled to begin on any date from now through May 1, 2020, are continued, to a date to be reset by each presiding judge. Those continuances do not continue any pending deadlines other than the trial dates.
- All grand jury proceedings between now and through May 1, 2020, are continued. All deadlines are suspended and tolled for all purposes, including the statute of limitations, from today through May 1, 2020.
- Individual judges may continue to hold in-person hearings, sentencing proceedings, and conferences, but counsel may seek relief from those matters by appropriate motions. Parties are encouraged to seek to participate in non-sentencing hearings and conferences by telephone or video.
- Magistrate Judges will continue to preside over criminal matters, however all hearings for the P.A.S.S. Re-Entry Court scheduled until May 1, 2020 are cancelled.
- Any delivery directed to chambers shall be instead delivered to the Clerk’s offices in each courthouse.
- Guilty plea proceedings through May 1, 2020 are continued.
- In Abilene, Amarillo, Lubbock, and San Angelo divisions, notice is given to parties litigating criminal cases that initial appearances, detention hearings, and arraignments will proceeding and sentencing hearings have been postponed and will recommence starting April 16.
- Houston/Galveston Division civil and criminal jury trials are deferred through May 1, 2020.
- Other Deadlines and settings remain in place pending further order by each judge in specific cases or by standing order.
- District and Magistrate Judge’s individual orders can be found here.
- The Court of the Western District of Texas shall be closed with the following exceptions.
- All settings in any civil or criminal matter scheduled before May 1, 2020 are cancelled with the exception of pleas, sentencings, criminal matters before Magistrate Judges, which shall continue utilizing procedures consistent with the Court’s order and video technology.
- All Central Violations Bureau proceedings scheduled through May 1, 2020 are continued.
- All deadlines in a scheduling order, other than a trial date, shall remain in effect unless modified by the assigned Judge.
- All civil and criminal jury trials scheduled to begin on any date from now through May 1, 2020, are continued, to a date to be reset by each presiding judge. Those continuances do not continue any pending deadlines other than the trial dates.
- All grand jury proceedings until May 1, 2020 are continued.
- Individual judges may continue to hold in-person hearings, sentencing proceedings, and conferences, but counsel may seek relief from those matters by appropriate motions. The parties are encouraged to seek to participate in non-sentencing hearings and conferences by telephone or video.
MISSISSIPPI:
Northern District of Mississippi –
- All proceedings, civil and criminal, scheduled or typically undertaken in person should be continued or conducted by video or telephone conference to every extent possible.
Southern District of Mississippi –
- All non-essential civil and criminal matters set for hearing or trial in any federal courthouse within the Southern District are hereby continued. Initial appearances, arraignments, detention hearings, and issuance of warrants are deemed essential.
- As to all other currently set matters during this period, the presiding judge shall have sole discretion to determine whether they are essential and should go forward, or whether they can be conducted by video-conference or telephone.