Updates in red
Due to the global pandemic of COVID-19, a public health emergency has been declared in the United States. Experts say that one of the most effective ways to protect against this disease is to limit the risk of exposure. This has prompted the “Stay at Home” movement for many Americans, but many judicial matters still need prompt attention during this time. Varying regulations have been put into place for the different courts throughout Nebraska and Iowa that attempt to balance the global health threat with the need for continued access to the judicial system. Will your case or matter be affected by these emergency response plans by the courts?
NEBRASKA STATE COURTS
- No Nebraska court shall close unless or until the Chief Justice has issued an order declaring a nonjudicial day, but courts are advised to implement emergency preparedness response plans.
- For all appellate courts, in-person oral arguments for the May call have been suspended.
- In the Fourth Judicial District (Douglas County):
- The Douglas County Hall of Justice and Civic Center have restricted public access until May 18, 2020.
- The County Court courtrooms will continue to remain open with restricted public access.
- However, in the County Court, civil jury trials scheduled in April will be continued to the next available jury panel. Civil bench trials scheduled in April will be continued by order of the Court at its discretion. Civil jury and bench pretrial hearings scheduled in April will be continued on the motion of the Court to the next pretrial date. Civil motions set after March 20, 2020, but before April 20, 2020, shall be continued by order of the Court approximately 45 days.
- The District Court has continued for good cause all jury trials scheduled for the jury panels beginning June 8, 2020 through June 22, 2020 and has canceled the jury panel for this period.
- The District Court is closed to in-person hearings until May 18, 2020, but the court will remain open by video and teleconference.
- The Separate Juvenile Court of Douglas County is suspending all in-court hearings until further notice.
- In the Third Judicial District (Lancaster County):
- The District Court of Lancaster County will have hearings conducted via video or teleconference only until further notice.
- The District Court of Lancaster County is limiting simultaneous physical presence in the courtroom to no more than ten persons, consisting of judiciary and staff, lawyers and parties, and witnesses called into courtrooms only as needed.
- The County Court of Lancaster County has ordered that criminal and traffic matters currently scheduled with the Court for arraignment are continued for a period of approximately 60 days.
- The County Court of Lancaster County has suspended the execution of failure to pay warrants from May 27, 2020 to and including June 30, 2020.
- In the Second Judicial District (Sarpy and Cass Counties):
- The District Courts of the Second Judicial has suspended jury service, so any juror summoned for grand or petit juries for the Second Judicial District is excused from service through May 31, 2020.
- The Office of the Sarpy County District Court will be closed temporarily beginning March 25, 2020 and some services will be limited during this time, because they are working remotely.
- The Juvenile Court of Sarpy County have continued all matters currently pending to a future date to be determined by the Court.
IOWA STATE COURTS
- Rule 1.944 of the Iowa Rules of Civil Procedure deals with stale claims. All cases currently subject to dismissal under this rule if not tried before January 1, 2021 have been provided a one-time, one-year automatic extension of the deadline for commencement of trial through December 31, 2021.
- The Judicial Branch resume the issuance of notices in accordance with the normal operation of this rule until July 15, 2021. At that time, notices will be issued in accordance with the normal rule for all cases that have been pending over one year as of July 15, 2021.
- The appellate courts may proceed with oral arguments using videoconference or telephone conference at their discretion until further order.
- The Supreme Court has ordered district courts to continue to conduct the in-person business of (1) trials and hearings already in progress, (2) criminal matters that cannot be continued or conducted by videoconferencing or telephone, and (3) emergency matters that cannot be conducted by videoconferencing or telephone.
- Civil nonjury trials and hearings set on or before June 15, 2020 shall be continued or conducted by telephone.
- All civil jury trials set on or before August 3, 2020 shall be continued.
- Mediations set at a courthouse before June 1, 2020 shall be continued or directed to be conducted by videoconferencing or telephone.
- The Court will temporarily allow a person to sign a civil court document electronically with “/s/” followed by the person’s typed full name, or with “/person’s name/.” Attorneys are temporarily permitted to sign civil court documents for their clients with “/s/” if the attorney has received oral verification from the client that (a) the client desires to sign the document, (b) the client authorizes the attorney to sign on the client’s behalf, and (c) the client understands that the signature will bind the client as if the client personally signed the document. Such a signature binds the client as if the client signed the document personally.
- The Court has eliminated notarization requirements when allowed under the Iowa Court Rules.
- The statute of limitations or similar deadline for commencing an action in district court is tolled by 76 days, from March 17 to June 1. (Tolling means you add that amount of time to the statute of limitations, so the statute of limitations will run 76 days later).
- The US District Court for the District of Nebraska has closed the public counter of the Clerk’s Office. The Clerk’s Office will still be available to assist by telephone.
- All civil matters set for a jury trial or an in-person hearing before June 1, 2020 are continued.
- Grand jury proceedings scheduled in the District of Nebraska will continued.
- Due to the unavailability of a Grand Jury, the 30-day time period for filing an indictment or information is tolled as to any defendant during the time period.
- There will not be a decision until the week of May 10-14 for how to proceed in June. The hope is to have in-court hearings in June as well as a grand jury.
- Chief Judge John Gerrard said in a Federal Practice Committee meeting that it will likely be July before there are jury trials.
- The US Bankruptcy Court for the District of Nebraska has closed all public counters.
- The Bankruptcy Court has adopted an Interim Rule 1020 of the Federal Rules of Bankruptcy Procedure that will be in effect until further order. This rule regards designation in a Chapter 11 case as a small business debtor or a debtor as defined in §1182(1).
- The US District Court for the Southern District of Iowa has suspended grand jury sessions for April. All jury trials are suspended through July 6. Non-jury trials and other hearings may be conducted at the discretion of each judge.
- The Clerk’s Office will remain open to receive paper filings and payments, which should be placed in a locked drop box at the entrance of the Des Moines, Council Bluffs, and Davenport courthouses.
- The US District Court for the Northern District of Iowa has continued all civil jury trials scheduled to commence on or before May 31, 2020. Non-jury proceedings (bench trials and hearings) will proceed as scheduled unless continued by the presiding judge on a case by case basis.
- The Court is making preparations for jury trials to resume beginning June 1, 2020.
- All grand jury proceedings until May 11, 2020 are continued pending further order of the Court. All grand jury proceedings that are scheduled to occur after May 11, 2020, shall proceed as scheduled.
- All deadlines in civil cases remain in place, pending any case specific adjustments on motion from the parties or by the Court’s own motion.
- The Court has limited public hours for the Cedar Rapids and Sioux City courthouses to 9am-4pm.
- The Court has implemented guidelines from public health officials:
- If you have been asked to self-quarantine, if you have been diagnosed with COVID-19, or if you have symptoms of COVID-19, you must not enter the courthouse.
- If you have traveled outside the United States in the last 14 days or have had close contact with someone who has either traveled outside the United States in the last 14 days or has been diagnosed with COVID-19, you must inform the Court Security Officers when entering the building and may not be permitted to enter.
- If you are an attorney scheduled to appear before the Court soon and are not allowed to enter the courthouse, you must notify the Court and may appear by video-conference or teleconference with the approval of the presiding judge.
- The US Court of Appeals for the Eighth Circuit is not allowing the public is to be admitted to the Eighth Circuit Clerk’s Office at the present time. The Court will be conduction oral arguments by videoconference on May 12 through May 15, 2020.
- The requirement for paper copies of electronically filed briefs and addendums has been suspended. The paper-copy requirement will be reinstituted at a later date, and the parties will be required, upon notice from the clerk, to file paper copies of any brief or addendum filed electronically during this period of suspension.
LINKS TO RELEVANT ORDERS
- Appellate Courts
- Fourth Judicial District
- Third Judicial District
- Second Judicial District
- Southern District of Iowa:
- Northern District of Iowa:
- Eighth Circuit
If you have questions about the above information, please give Partner Attorney, Jason Grams a call at 402-397-7300.