On October 27, 2022, the Supreme Court issued an Order superseding its prior order from November 18, 2021. Effective immediately, many proceedings that were previously held virtually will now proceed in person.
The following proceedings will now occur in person (although they may proceed virtually with the consent of all parties):
1. Criminal bench trials, evidentiary hearings, sentencing hearings, Final Extreme Risk Protective Order (FERPO) hearings, and Megan’s Law hearings (note, criminal jury trials were required to proceed in person under the prior order).
2. Hearings for an adjudication of incapacity and appointment of a permanent guardian.
3. Commencing March 1, 2023, initial hearings for involuntary inpatient civil commitment.
4. Termination of parental rights trials, sentencing hearings, and Juvenile Delinquency matters.
5. Municipal court cases involving DWI, refusal to submit to a breathalyzer test, disorderly persons, domestic violence, and other matters that involve a reasonable likelihood of a jail sentence or loss or suspension of license.
The following proceedings will now occur in person (although they may proceed virtually at the discretion of the court):
1. Oral arguments before the Supreme Court and Appellate Division.
2. In the Municipal Courts and all trial divisions of the Superior Court, all matters involving numerous attorneys and parties, or substantial documentary evidence.
3. In the Municipal Courts and all trial divisions of the Superior Court, all matters that require on-site interpreting services.
4. In the Municipal Courts and all trial divisions of the Superior Court, all matters in which a party has failed to appear for, been unable to participate in, or neglected to respect the solemnity of a prior virtual hearing.
5. In the Municipal Courts and all trial divisions of the Superior Court, all settlement or status conferences in which previous virtual sessions have not meaningfully advanced the matter toward resolution or trial.
6. In criminal court, all post-indictment arraignments, pretrial and other conferences, plea hearings, non-routine motions, and orientation and phase one and two of Recovery Court.
7. In the civil division, equity part and probate part of the Superior Court, all jury and bench trials.
8. In the civil division, equity part and probate part of the Superior Court, all evidentiary hearings and settlement conferences.
9. In the family part of the Superior Court, all trials, dispositional hearings, plea hearings, and evidentiary hearings.
10. In the Municipal Courts, all matters that affect health and safety.
Notwithstanding the foregoing, the following matters will continue to be conducted virtually (absent an individualized reason to proceed in person based on the facts and circumstances of the case):
1. In all trial divisions of the Superior Court, Municipal Courts and Tax court, routine case management conferences and routine motion arguments.
2. Involuntary inpatient commitment review hearings and involuntary outpatient commitment hearings.
3. Matters in the Municipal Courts that do not involve a reasonable likelihood of a jail sentence or loss or suspension of license.
For more information on the impact of this Order on your case, please contact our office.