President Judge Jan R. Jurden of the Superior Court of the State of Delaware has issued an updated Order suspending all civil jury trials through May 29, 2020. The Order provides some guidance on case management throughout and after that time period. Civil proceedings that the Court deems essential will continue but non-essential proceedings are suspended. All cases which this affects will be rescheduled after the suspension period ends. Other civil case management deadlines, by Order or stipulation, will remain in place but may need to be altered due to this suspension.
Though operations are ceasing until May 29, 2020, in most cases, discovery and case development efforts should continue to advance resolutions where possible. This will thereby help to lessen the inevitable “bottle-neck” impact this ongoing suspension will have when the suspension is lifted, and rescheduling of trials and non-essential civil proceedings begins. In other words, proceeding with discovery and case management wherever possible will help ease into normal operations when the pandemic passes. This time should be used wisely to advance your litigation goals and further your litigation.
Depositions may still be taken, and arbitrations and mediations may still occur, as long as all parties agree beforehand to attend by phone or video, and to any other measures to make the situation fair, ethical, and practicable.
Although this situation is anything but “business as usual,” Weber Gallagher is focused on finding creative and ethical solutions so business as “unusual” can proceed. Please contact our office with any questions on workarounds and advancing litigation despite the current court suspensions
Click here for Order 4.
Click here for Order 3.