Fla. Courts Extend Jury Trial Pause, Deadlines Through May

By Carolina Bolado
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Law360 (April 6, 2020, 5:44 PM EDT) -- Florida state courts will extend a suspension of jury trials and extension of legal deadlines through the end of May because of the coronavirus pandemic, according to a new order issued Monday.

The newest emergency order from Florida Supreme Court Chief Justice Charles Canady extends the tentative end date of the court systems' emergency procedure protocol from April 17 until the end of May. All jury trials are suspended, as are speedy trial rules for criminal cases, according to the order.

In the order, the chief justice urged chief judges around the state to "take all necessary steps to facilitate conducting proceedings with the use of technology."

The order also extends emergency changes to notarization and oath requirements that allow notaries to swear a witness remotely by audio-video technology, provided they can positively identify the witness. New attorneys can also be sworn in to the Florida Bar remotely, according to the order.

This is the second extension of the chief justice's initial March 13 decree, which represented the first time a limit on face-to-face proceedings was ordered in Florida since 1972, when the state's court system was first unified.

In those earlier orders, Justice Canady directed all circuit and county courts to fulfill their responsibility to conduct proceedings critical to the current state of emergency or the public health emergency, but told each circuit's chief judge to cancel or postpone any nonessential proceedings unless they could be conducted remotely.

All time periods involving the speedy trial procedure in criminal cases are suspended through the close of business on May 29, according to the order.

In a video message issued late last month, Justice Canady described the current situation as an "unprecedented challenge."

"The pandemic is now affecting everyone," he said in the video. "We are living our lives in a way that none of us would have contemplated a few short weeks ago. And none of us can count on things getting easier any time soon. We face many tough choices on the path ahead of us."

He also offered thanks and encouragement to those working in the state court system and greater legal community.

"The pandemic presents an extraordinary challenge for the legal system. We depend on human interaction to achieve justice under the law," he said. "We are working to maintain that interaction while also minimizing the spread of the virus. I am confident that the courts, the legal profession, and all of our partners are up to the task."

--Additional reporting by Nathan Hale. Editing by Jack Karp.

For a reprint of this article, please contact reprints@law360.com.

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