District of New Jersey Addresses May 2020 Filing and Discovery Deadlines and Extends Previous Orders in Response to COVID-19 Emergency

District of New Jersey Addresses May 2020 Filing and Discovery Deadlines and Extends Previous Orders in Response to COVID-19 Emergency

April 17, 2020

Source:  New Jersey Federal Practice Alert

As part of the District of New Jersey’s continuing response to the ongoing public health emergency, on April 17, 2020, Chief Judge Freda L. Wolfson of the District of New Jersey issued Standing Order 20-09 concerning upcoming filing and discovery deadlines.  The Standing Order includes the following key provisions:

  • All jury selections and jury trials for civil and criminal trials scheduled to begin before May 31 have been continued, and no further jury trials may be scheduled before that date.

  • For criminal trials, the period between March 16 and May 31 shall be “excluded time” under the Speedy Trial Act. That period of time shall also be “excluded time” for criminal matters not yet set for trial.

  • Previously, all filing and discovery deadlines currently falling between March 25 and April 30 were automatically extended for 45 days, unless the presiding judge in the individual matter directed otherwise. Those extended deadlines remain unchanged and are not further extended by Standing Order 2020-09.  However, all filing and discovery deadlines currently falling between May 1 and May 31 have now been automatically extended for 30 days, unless the presiding judge in the individual matter directs otherwise.

  • These extensions do not apply to the dates for any conferences.

  • No statutes of limitations are tolled by the Standing Order.

  • Any civil litigant can seek relief from the presiding judge if they believe their individual matter is emergent or otherwise requires immediate relief.

A full copy of Standing Order 20-09 is available at the following link:

https://www.njd.uscourts.gov/sites/njd/files/2020-09.pdf