District Court Adopts Re-Opening Guidelines

June 15, 2020

Publication| Intellectual Property| Commercial Litigation

The U.S. District Court for the District of Delaware has issued an Order adopting a set of Re-Opening Guidelines. The Guidelines provide for four phases, each with a different level of restrictions and permissible courtroom and courthouse activity, culminating in the resumption of normal operations in Phase Four.

In Phase One, which begins on June 17, 2020, no jury trials are expected to occur absent extraordinary circumstances. On-site court proceedings should be minimized through the use of video- and tele-conferencing, and in-person court proceedings will be subject to social-distancing guidelines. Jury trials may be restarted in Phase Two, the conduct of which will be discussed in further guidance forthcoming from the Court.

The Court will determine when to enter further phases upon review of certain gating criteria based on Administrative Office of the United States Courts guidelines, including incidences of new COVID-19 cases in the area and the relaxation of local or state restrictive movement or shelter-in-place orders.

The Order and the Re-Opening Guidelines can be found below.

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