Some time has passed since the initial flurry of court orders modifying deadlines, postponing in-person hearings, and setting guidelines for remote hearings. In an attempt to stay up to date with the latest orders and announcements from the state and federal courts within North Carolina as those courts begin to contemplate reopening, here is a compilation of the most recent items within each jurisdiction. A high-level summary is included below each order, but the specific language of each order should be carefully reviewed alongside any additional orders issued by a presiding judge in a particular case.

North Carolina State Courts

District and Superior Courts

In anticipation of a June 1, 2020, reopening, many judicial districts have issued memos outlining how reopening will occur. Attorneys should consult the Judicial Branch’s website for judicial-district specific orders.[1]

Second May 21, 2020 Order of the Chief Justice of the Supreme Court of North Carolina
- For civil actions, estates, and special proceedings: (1) the June 1, 2020 deadline for filings and other acts to be done remains in place and (2) periods of limitations set to expire between March 16, 2020 and July 31, 2020 are extended to COB July 31, 2020.
- For criminal actions, deadlines for filings and other acts to be done are extended to COB July 31, 2020.
- Does not apply to bail bond forfeitures or the state appellate courts.
May 21, 2020 Order of the Chief Justice of the Supreme Court of North Carolina
- Announces emergency directives related to maintaining social distancing as courts reopen. Provides that no jury trials will be convened for the next thirty days (with this directive likely to be extended through the end of July). Provides guidelines for submission of court filings by mail.
May 8, 2020 Judicial Branch COVID-19 Task Force Recommendations: Deadline Extensions
- Makes recommendations for a forthcoming order on deadline extensions from Chief Justice Beasley.
May 1, 2020 Order of the Chief Justice of the Supreme Court of North Carolina
- Extends the directive set forth in Chief Justice Beasley’s April 2 Order through May 30, 2020. This relates to in-person hearings, remote hearings, persons prohibited from entering courthouses, verifications, email service, nonpayment in criminal and infraction cases, and marriage ceremonies.
April 14, 2020 Order of Chief Business Court Judge Louis A. Bledsoe, III
- Makes clear that Chief Justice Beasley’s April 13 Order applies to all actions pending before the N.C. Business Court.
April 13, 2020 Order of the Chief Justice of the Supreme Court of North Carolina
- Extends filing deadlines and time for all “other acts that were or are due to be done” in civil actions, criminal actions, estates, and special proceedings to June 1, 2020.
- Does not apply to state appellate courts.
- Extends certain deadlines in bail bond forfeiture proceedings until September 30, 2020.

N.C. Court of Appeals and Supreme Court

March 14, 2020 Order in Response to the COVID-19 Outbreak
- Temporarily modifies the clerk of superior court’s duty to publish and distribute the calendar under Rule 2(b) of the General Rules of Practice and allowance of secure leave periods under Rule 26(b).
March 27, 2020 Order in Response to the COVID-19 Outbreak
- Deadlines imposed by the Rules of Appellate Procedure that fall between March 27, 2020 and April 30, 2020 (inclusive of those endpoints) are extended for 60 days.
FAQs Produced by the Clerks of the Appellate Courts
- Guidance for frequently asked questions.
Impact of COVID-19 on Appellate Mediation Rules and Procedures
- Revisions to the usual mediation rules and scheduling procedures for Court of Appeals mediations.

Federal Courts in North Carolina

Eastern District of North Carolina[2]

April 20, 2020 Announcement
- Intake counters will be open to the public from 1–3 p.m., Monday–Friday. File drop boxes will be available in Greenville, New Bern, Raleigh, and Wilmington when the courthouses are otherwise open.
April 1, 2020 20-SO-7, In re: Video Conferencing for Criminal Proceedings Under the CARES Act and in Light of the COVID-19 Pandemic
- Authorizes video conferencing (or telephone conferencing if video is not reasonably available) for all criminal proceedings listed in Section 15002(b)(1)(A)–(J) of the CARES Act. Remains in effect for 90 days unless terminated earlier.
March 18, 2020 20-SO-5, In re: Court Operations Under the Exigent Circumstances Created by the COVID-19 Pandemic
- Continues civil and criminal jury trials through May 1, 2020. Remained in effect through May 1, 2020. We have not seen another order extending these provisions. It is likely that judges are handling such matters on a case-by-case basis.
March 12, 2020 20-SO-4, In re: Restrictions on Visitors to Courthouses
- Individuals potentially exposed to COVID-19 may not enter courthouses. Provides guidance to anyone potentially exposed who is scheduled or required to appear. Remains in effect until it is safe to remove these restrictions.

Middle District of North Carolina

May 13, 2020 Standing Order 16
- Remote hearings will continue to the greatest extent possible. As conditions permit, Judges may begin to conduct certain criminal and civil proceedings in open court. This order contains guidelines for resuming proceedings in open court, but presiding judges may modify.
April 28, 2020 Amended Standing Order 12
- Sets restrictions on individuals permitted to enter the courthouses. E-filings are encouraged by the drop box in Greensboro, open from 9 a.m.–3 p.m. Monday–Friday.
- Remains in effect until it is safe to remove or modify these restrictions.
April 28, 2020 Amended Standing Order 13
- Court remains open for official business. Deadlines are not extended and remain in place except as provided by this order or prescribed by a presiding judge.
- Civil jury trials scheduled to begin before June 8, 2020, are continued and postponed.
- Criminal cases (including jury trials) are continued to a date on or after June 8, 2020. Provides guidance on issues in criminal cases affected by timing.
March 30, 2020 Standing Order 15, In re: Criminal Case Operations Due to Circumstances Created by COVID-19
- Authorizes video conferencing (or telephone conferencing if video is not reasonably available) for all criminal proceedings listed in Section 15002(b)(1)(A)–(J) of the CARES Act.
- Remains in effect for 90 days unless terminated earlier.

Western District of North Carolina

In addition to checking for future updates on the court’s website, counsel should consult a specialty docket dedicated to such orders. In re: COVID-19 Administrative Orders, 3:20-mc-00048-FDW (W.D.N.C.).

Undated Special Notice on Court Website
- Drop boxes will be available in the Asheville and Charlotte courthouses whenever the courthouse is open. These should be used for filings instead of entering the clerk’s office. These boxes will be changed daily, sprayed with disinfectant, and will not be processed for approximately 72 hours upon receipt. The clerk’s office will note the date the pleading was received, however.
April 1, 2020 COVID-19 Administrative Order, In re: COVID-19 Administrative Order Regarding Criminal Jury Trials and Other Matters
- All courthouses remain open subject to limitations in prior orders or directives of presiding judges.
- Criminal jury trials scheduled to begin through June 1, 2020, are continued and will be reset by the presiding judge. Provides guidance on related issues related to timing in criminal cases.
- Individual judges may continue to hold in-person hearings but counsel may seek relief from the same by appropriate motion.
March 30, 2020 Standing Order, In re: Video Teleconferencing for Criminal Proceedings Under CARES Act
- Authorizes video conferencing (or telephone conferencing if video is not reasonably available) for all criminal proceedings listed in Section 15002(b)(1)(A)–(J) of the CARES Act.
- Remains in effect for up to 90 days.
March 26, 2020 News and Announcement
- Oral arguments for summary judgment motions pending before Judge Conrad are suspended and will be decided on the briefs until further notice.
March 23, 2020 Order In re: Court Operations Hours due to COVID-19
- Courthouses will remain open but operating hours are reduced to 9 a.m.–3 p.m. Remains effective until further order of the court.
March 17, 2020 Order In re: Restrictions on Visitors to Courthouses
- Sets restrictions on individuals who may not enter the courthouse. Remains in effect until it is safe to remove the restrictions.

Fourth Circuit Court of Appeals

May 11, 2020 Updated Public Advisory Regarding Operating Procedures in Response to COVID-19
- Outlines various measures adopted regarding courthouse access, public access to court documents, court filings, emergency matters, and oral argument.
Remote Oral Arguments 2020
- Contains a list of cases scheduled for remote oral argument and a list of videoconferencing tips for counsel.
April 7, 2020 Standing Order 20-01, Temporary Suspension of Argument Requirement for Published Opinions (Amended)
- Cases tentatively calendared for oral arguments in May 2020 but not presented at oral argument may be decided by published opinion with unanimous consent of the panel.
April 1, 2020 Announcement
- No in-person oral arguments were held during the May 5–8, 2020, court session. Panels for cases calendared for that session will continue them to a later session, schedule it for video or audio argument, or submit it on the briefs.

Below is an updated summary chart of the various filing deadlines and continuances currently or most recently in effect in North Carolina federal and state courts.

Court	Nature of Proceedings	Continued through	Authority
N.C. District Court, Superior Court & Business Court	All jury trials	June 20, 2020 (likely to be extended through the end of July)	Justice Beasley’s May 21, 2020 Order
	All in-court proceedings (likely also mediations), with limited exceptions including proceedings implicating due process rights	June 1, 2020	Justice Beasley’s Apr. 2, 2020 Order
	Deadlines for filings and acts due in civil actions, estates, and special proceedings	June 1, 2020	Justice Beasley’s April 13, 2020 Order; Justice Beasley’s May 21, 2020 Order
	Certain deadlines in proceedings for forfeiture of bail bonds	September 30, 2020
	Deadlines for filings and acts due in criminal actions (does not apply to forfeiture of bail bonds)	July 31, 2020	Justice Beasley’s May 21, 2020 Order
N.C. Court of Appeals	All appellate court filings due between March 27–April 30	Deadlines extended by 60 days	March 27, 2020 Supreme Court Order
	All filings of Consent to Appellate Mediation Form and Motion for 60-day Extension of Time due between March 27–April 30	Deadlines extended by 60 days	April 3, 2020 Memo – “Impact of COVID-19 on Appellate Mediation Rules and Procedures”
N.C. Supreme Court	All appellate court filings due between March 27 – April 30	Deadlines extended by 60 days	March 27, 2020 Supreme Court Order
W.D.N.C.	Criminal trials	June 1	April 1, 2020 Order
M.D.N.C.	Civil jury trials and criminal cases	June 8	Amended Standing Order 13
E.D.N.C.	Civil jury trials and criminal cases	May 1	Standing Order 5
Fourth Circuit	In person oral arguments scheduled to be held May 5–8	Postponed until further notice	April 1, 2020 Announcement

Additional Resources

The UNC School of Government North Carolina Criminal Law blog has compiled several excellent posts discussing expanded court operations and potential challenges with the same. See, e.g., Jamie Markham, Probation Issues Likely to Arise as the Courts Expand Operations (May 13, 2020); Shea Denning, Courts Will Expand Operations on June 1, But It Won’t Be Business as Usual (May 11, 2020).Additional Resources

[1] See, e.g., 18th Judicial District, Detailed Memo Regarding Court Closures (Amended May 14, 2020); 10th Judicial District, Memo on the Expansion of Superior Court Functions (May 7, 2020).

[2] In addition to these court-wide orders, Magistrate Judges Robert B. Jones, Jr. and Robert T. Numbers, II have issued Judicial Preference Orders related to COVID-19.

May 19, 2020/by CriminalJustice

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