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The New Jersey State Bar Association has asked the state Judiciary to extend a number of suspensions and deadlines to a time period beyond the current state of emergency.

The judiciary’s Omnibus Order suspending certain court proceedings, extending deadlines, and tolling time periods is set to expire in less than a week, as are the time frames contained in several other orders and notices from the Court.

In a letter to Chief Justice Stuart Rabner, NJSBA President Evelyn Padin noted that the expirations are looming even as “the effects of the COVID-19 coronavirus have not subsided, and New Jersey remains in a state of emergency and under the strict “stay at home” provisions of Executive Order 107."

“Attorneys are doing their best to adapt to remote operations and virtual proceedings, while continuing to zealously represent their clients consistent with the high standards of ethical requirements rightfully imposed on them. Attorneys are also struggling with determining how to make ends meet financially for them, their families, their firms and their staff,” the letter states.

The NJSBA requests the Court issue a plan that will prevail until the governor’s Executive Order 107 is lifted and for a set time period afterwards to allow attorneys and clients to “get re-situated.” Specifically, the NJSBA asks the Court to:

• extend the suspensions of jury trials, grand jury sessions, landlord/tenant calendars, special civil part and small claims trial calendars, early settlement panel sessions and municipal court sessions until at least 14 days after the restrictions set forth in Executive Order 107 are rescinded or otherwise lifted;
• extend the suspension of depositions and all required appearances for doctors, nurses or healthcare professionals involved in responding to the COVID-19 public health emergency until at least 60 days after the restrictions set forth in Executive Order 107 are rescinded or otherwise lifted;
• allow COVID-19 issues that personally affect attorneys or litigants to be construed as exceptional circumstances warranting the adjournment of any hearing or proceeding, including civil arbitration sessions, or the granting of an extension;
• retroactively toll all discovery deadlines currently in place, restarting the counting of time frames for all such deadlines under the court rules and existing orders of the court, no sooner than 30 days after the restrictions set forth in Executive Order 107 are rescinded or otherwise lifted; and
• define a process to allow the courts, without the need for a formal motion, to address through concise letter requests and teleconference any circumstance presented in an individual case where such continued suspension or tolling will irreparably prejudice a party if specific discovery or a specific proceeding does not move forward as requested or ordered.