Meenakshi H. Rajan, Esquire ©
For many litigating attorneys, the past few months have been marked by the absence of court appearances. While the courts heard emergency issues, and cases continued to develop outside of the courtroom with discovery, settlement negotiations and other pre-trial preparation, many attorneys have not been inside a courthouse for three months.
Now certain jurisdictions are slowly returning to in-person proceedings. Locally, Loudoun General District Court and Juvenile and Domestic Relations Court, for example, resumed hearing non-emergency matters on May 18, 2020. Other courts, such as Fairfax General District Court (“GDC”), are hearing only certain types of cases and gradually adding additional matters. More specifically, Fairfax GDC began hearing in-person civil cases in May. In mid-July, Fairfax GDC will add in-person criminal misdemeanor cases. Traffic infractions, however, are not expected to be heard in person in Fairfax until September.
Within counties, not all courts are following the same procedures. Despite the gradual reopening of the General District Courts in Loudoun and Fairfax, both Loudoun and Fairfax Circuit Courts are conducting most hearings remotely, using WebEx. Prince William County Courts (the 31st Judicial Circuit) are also operating in a limited capacity that varies from court to court. In addition, the situation remains fluid; some courts are canceling particular dockets based on COVID-19 numbers. For example, because of a COVID-19 outbreak in the Prince William County Adult Detention Center, inmates are not being transported for in-person hearings. Layered on top of that, the Supreme Court’s Emergency Order is issued in 21 day increments and so approximately every 21 days it is extended, sometimes with variations reflecting the progress that has been made in Virginia to date.
Appearing in court, even for a seasoned attorney, is a new experience in these unprecedented circumstances. All visitors to the courthouse, attorneys, parties, witnesses, etc., are required by the Supreme Court of Virginia to wear face masks. Sheriff deputies are taking the temperature of visitors as they enter the courthouse. Inside courtrooms, benches are marked with tape to indicate where individuals can sit to maintain 6 feet of distance. When cases are being heard, attorneys and their clients are often not permitted to sit next to each other but must have social distancing at their tables. Additionally, to comply with these social distancing requirements, many courts are limiting the number of cases being heard at any one time.
Appearing in court as a non-attorney, either as a party or as a witness, can be intimidating under the best of circumstances. Now, with the added anxiety of COVID-19, it can be even more uncomfortable. If you are not currently represented by an attorney and are uncertain how COVID-19 related changes might impact your legal situation, please reach out to the attorneys at The Myerson Law Group, P.C. We can help you navigate the legal system in these uncertain times.