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Law360 (March 16, 2020, 4:40 PM EDT ) Delaware's Supreme Court canceled all in-person oral arguments through May on Monday, in the latest coronavirus-related button-down of the state's nationally important court system.
A brief letter issued by the court said more information would follow on alternatives to oral argument before the five-member body, or other potential routes to resolution.
In a related action, Chief Justice Collins J. Seitz Jr. issued an order suspending requirements to file paper copies of briefs and appendices and prohibiting filing of paper copies of documents filed electronically. The order said the steps were taken "in the interest of protecting litigants, practitioners, court staff, and the public."
The state's Supreme Court has routinely used a system for public live-streaming of its arguments, with archived versions made available almost immediately afterward. Teleconference and video-conference arguments, however, have not yet caught on.
A number of corporate and commercial appeals were immediately affected, in addition to the justices' state-level civil, criminal and family law dockets. Appeals slated for arguments in April include one filed by investors who challenged the $18 per share price paid for Stillwater Mining Co. in its $2.2 billion sale to a South African mining company in 2017. Those making the appeal made, and lost, a Chancery Court argument for a 43.9 percent higher price.
The court's moves were part of a broader response in Delaware on Monday, with Gov. John Carney adding to an earlier declared emergency with bans on gatherings of 50 or more people and closings of gaming activities at the state's three casinos.
A related judicial emergency declaration declared that all state trial courts will have discretion to suspend for 30 days both civil and criminal trials and hearings, in order to limit gatherings in public court buildings. Speedy trial time targets also were extended based on the declaration.
Delaware's Chancery Court, meanwhile, expanded an allowance made last week for teleconferencing of hearings and arguments, ordering on Monday that all proceedings should be conducted only by telephone or other electronic avenues.
"If it is not practicable to conduct a hearing or trial in this manner in the judgment of the presiding judicial officer, the hearing or trial shall be continued," Chancellor Andre G. Bouchard said in the court's second standing order since the state began issuing emergency orders.
Requests for in-person hearings based on a threat of irreparable harm, Chancellor Bouchard said, would be considered, with the person making the request obliged to show there is no alternative.
--Editing by Bruce Goldman.
Update: This story has been updated with additional information about the coronavirus outbreak's effect on Delaware court proceedings.
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