By Bill Wichert

Law360 (June 26, 2020, 5:21 PM EDT) -- The New Jersey Supreme Court has extended provisions arising from the COVID-19 pandemic while state courts resume in-person proceedings, reflecting the judiciary's cautious approach to getting back to normal as infections have largely flattened in the Garden State but surged in other parts of the nation.

Three days after the judiciary kicked off the second phase of its reopening plan, the Supreme Court said Thursday that certain virus-related provisions will be extended through July 12, including the prohibition on new jury trials and discovery deadlines involving physical or mental examinations of individuals in civil cases.

The justices also said the limitations on the state's Office of Foreclosure are concluded, meaning it "now may recommend judgments or dispositive motions received on or after March 1, 2020," judiciary officials said in a notice to the bar accompanying the order.

"As the COVID-19 pandemic continues and based on developments in the coming weeks, the court will revisit the provisions of the Fifth Omnibus Order and make adjustments as appropriate," the notice states.

As of Friday afternoon, the crisis has led to 170,584 positive cases in the state, with 13,060 confirmed deaths resulting from the novel coronavirus and 1,854 probable deaths, state officials said.

Thursday's order comes as courts begin holding certain in-person events as part of the second phase, which started June 22 and will involve 10% to 15% of judges and staff being allowed on site. During the first phase of remote operations, which began March 18, less than 5% of judges and staff have been on site, and court buildings have been closed to attorneys and the public, officials said.

For civil and criminal matters, on-site proceedings in the second phase may include bench trials and hearings in matters that are "especially complex," meaning "at a minimum, involving numerous parties or witnesses, or significant evidence in a format that cannot be handled remotely, such as physical evidence or videos in a nonstandard format," officials said.

Among other safety-related measures, visitors will need to wear face masks in public areas and maintain social distancing.

Most civil and criminal proceedings, however, will continue to be handled over video or phone, officials said. In Thursday's order, the Supreme Court noted that "current health guidance suggests that in-person court operations will not resume in full for some time."

"Court operations are continuing in a virtual format to the greatest extent practicable, subject to constitutional considerations and resource limitations," the order states. "To date, the New Jersey courts have conducted more than 43,000 court events involving more than 390,000 participants."

Under the order, the provisions being extended to July 12 include the deadlines for filing affidavits of merit in professional malpractice cases. In such state cases, a plaintiff must provide an affidavit from an appropriately licensed person stating that the alleged conduct deviated from professional standards.

For health care professionals involved in responding to the outbreak, their depositions and appearances will remain suspended through July 12, except for matters related to COVID-19 or when they request the deposition or appearance, according to the order.

Other virus-related measures "remain in full force and effect," including limitations on landlord-tenant proceedings, the order states. As part of those restrictions, landlord-tenant trials remain suspended, but complaints may still be filed and courts shall schedule conferences, including to hold settlement talks.

--Editing by Haylee Pearl.

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