Notarization During the COVID-19 Crisis

Laura Linfante

Pam Deeds Stewart

By Lori Linfante and Pam Deeds Stewart

The COVID-19 crisis has not affected the Notary law in North Carolina. However, the NC Secretary of State’s Office has issued guidance on how to comply with the in-person appearance requirements in this time of practicing social distancing. Some steps that can be taken to reduce exposure to the Notary and the principal (“signer”) are the same as the recommended COVID-19 precautions we should all be practicing such as not shaking hands, cleaning your hands often, cleaning and disinfecting frequently touched surfaces and keeping a 6-foot distance from others. Specific suggestions when notarizing documents are to not share pens (ask the signer to use their own pen), viewing the identification from the tabletop instead of touching the identification, and standing at the opposite ends of a long conference table. Some firms are offering curbside notary services or other outside options as ways to keep their employees and clients safe. These Notary challenges will be increased for parties that reach an agreement while they are participating in a mediation conducted via electronic means. It will be a process of getting the documents to each party at their location and then having them signed and notarized.

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The Secretary of State’s Office Will be Closed to the Public

The North Carolina Department of the Secretary of State will be closing its buildings to the public, effective March 20 at 4 p.m. until further notice in response to state and federal guidelines on social distancing to stem the spread of Coronavirus. This will affect the downtown Raleigh facility at 2 South Salisbury Street and the office at 4701 Atlantic Avenue in Raleigh.

“Given the small size of our lobby downtown and the large amount of foot traffic from the public, we’re closing the building to the public to comply with the Governor’s Executive Order prohibiting large group gatherings and protect the health of our staff and the public we serve,” said North Carolina Secretary of State Elaine F. Marshall on Thursday. “While we are physically closing our doors to in-person service for the time being, our staff will continue serving the public. Most of our services can be conducted online and over the phone. I urge our customers to submit their documents to us online at sosnc.gov and continue calling us at 919-814-5400 with their questions.”

The public can also reach out to the North Carolina Secretary of State’s Office on social media, at @NCSecState on Facebook and Twitter, and can find specific division email addresses on the N.C. Secretary of State’s Office website at sosnc.gov.

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Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!

By Will Quick

Chair, Litigation Section Pro Bono Committee

Our section membership has a strong tradition of supporting and participating in pro bono and community service activities—both those planned and sponsored by the NCBA and those that you undertake on your own or with other organizations. We are in unprecedented times with COVID-19 (Coronavirus), and I am confident that each of you is doing your part.

Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.

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Work in the Time of COVID-19: FAQs for Employers

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Kelsey Mayo

Kate Dewberry

Jennifer Parser

By Kelsey Mayo, Kate Dewberry, and Jennifer Parser

Employee Benefit Questions

If I furlough or layoff employees, can I continue some or all of their benefits during the leave?

There may be ways to continue some or all benefits during a furlough or layoff. Each plan is unique, however, and the exact terms must be reviewed. Many plans include a provision that employees be “employed” or “actively at work” and, therefore, employees may lose eligibility under the terms of the plan if they are not performing services. In addition, service requirements for eligibility (such as offering benefits only to employees working at least 30 hours per week) may cause an employee to lose eligibility during a temporary leave (but not in all circumstances). However, many plans include specific provisions extending eligibility during leaves of absence (including unpaid leaves) or following layoffs. Thus, each plan must be reviewed to make this determination.

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New Paid Sick Leave Act Affects Government Employers

Any administrative lawyer who represents a governmental entity of any size or who represents employees of governments will want to read this:

The new U.S. Families First Coronavirus Response Act affects all types of government employers, of all sizes. This blog post by the School of Government’s Diane Juffras indicates that the Act kicks in more or less immediately. The blog post is longer than usual because it offers examples of how the different new provisions of the complex new law interact with existing laws.

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Fight Hunger, Help Others in the COVID-19 Pandemic – Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!

Michele Livingstone

Will Quick

By Michele Livingstone and Will Quick

We are in unprecedented times with COVID-19 (Coronavirus).  It is now more important than ever that we help our neighbors and those who are not as fortunate. I am confident that each of you is doing your part.

Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.

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Volunteers Needed to Help Write Articles on NCGS 160D

Toby Coleman

Ashley Anderson

By Toby Coleman and Ashley Anderson

To celebrate and prepare for Chapter 160D taking effect next year, the ZPLU section plans to publish a series of articles on 160D written by ZPLU members—and we need your help!

ZPLU members were instrumental in the drafting and passage of 160D, which will consolidate the enabling statutes for development regulations currently scattered between Chapters 153 and 160A into a single, unified chapter.

Now we need your help in outlining how 160D will operate when it takes effect in January. The plan is to have each article focus on a piece of the law. We are looking for volunteer authors to write articles on portions of 160D.

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North Carolina Judicial Branch – Updated Emergency Order re: COVID-19

Martha J. Efird

Jonah Garson

By Martha J. Efird and Jonah Garson

Effective immediately and by Order of Chief Justice Beasley, all court documents due to be filed in any non-appellate state court on or after March 16, 2020 and by April 17, 2020 will be deemed timely if filed by the close of business on April 17, 2020. You can find the accompanying press release here, and below is a quick summary:

  • Relevant language: “[A]ll pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 17 April 2020.” Beyond filings, the Order also applies to “all other acts that were or are due to be done [in civil actions, criminal actions, estates and special proceedings] in any county of this state[.]”
  • The Order applies to filings subject to statute of limitations periods expiring between March 16, 2020, and April 17, 2020 (the Order does not, however, toll statutes of limitations; it has no effect on statutes of limitations that are due to expire on or after April 18, 2020).
  • The Order does not apply to any appellate court filings. However, the Supreme Court has issued a catastrophic conditions order and appellate court arguments are being postponed. For more information on this, see Beth Scherer’s post here.
  • The Clerks of Superior Court in Wake County and Mecklenburg County are reducing their hours of operation and staffing, and other districts may soon follow suit. Wake County Clerk of Superior Court counters will be open 1 p.m. to 5 p.m., and filers are encouraged to use drop boxes on the first floor of the courthouse. The Mecklenburg Clerk of Superior Court’s office will be open 9 a.m. to 12 p.m., and emergency and essential filings will be accepted between 12 p.m. and 5 p.m. at the Criminal Magistrate’s Office. Clerks are requesting that attorneys please not come to courthouse facilities unless required to do so.
  • At publication time, sheriff’s offices remain open as normal and are receiving and serving papers.

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Update for Medical Motion Hearings pursuant to G.S. §97-25(f)

By Eleasa Allen

COVID-19 Response:  Medical Motion Hearings To Be Conducted Remotely

Effective March 23, 2020, and continuing through the end of April 2020, the Commission’s COVID-19 procedure for medical motion hearings arising under G.S. §97-25(f) is amended as follows:

All medical motion hearings before Deputy Commissioners shall be conducted with the parties appearing remotely. The presiding Deputy Commissioner will provide the parties a toll-free number and access code to dial into the remote hearing. Consistent with existing procedure, hearing testimony will be recorded by a court reporter.

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More Judicial Updates on COVID-19 (Mar. 19, 2020)

By Daniel Adams 

North Carolina’s courts have taken further steps to address the impact of COVID-19 on the court system.

North Carolina Supreme Court

The Supreme Court will not be holding travel sessions in April or May. Cases previously scheduled for April or May may still be heard, at the litigants’ option:

 

  1. Via WebEx the week of May 4 at a specific date and time set by the Court,
  2. At a later date, or
  3. The matter may be decided on the briefs

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