Update on Emergency Directives

Published for NC Criminal Law on August 26, 2020.

During the COVID-19 outbreak, Chief Justice Cheri Beasley has exercised her authority under G.S. 7A-39(b)(2) to issue orders imposing 22 emergency directives to ensure the continuing operation of the courts. Such emergency orders expire no later than 30 days from their issuance, though they may be renewed for additional 30-day periods. Because the orders imposing the directives were issued on differing dates, they have expired and have been renewed on differing schedules. The Chief Justice entered the latest renewal order yesterday. This post will review the directives that are currently in place, including those related to the eventual resumption of jury trials. Emergency Directives 2 – 6, 8. These directives were renewed August 24 and expire September 22. Directive 2. This directive requires the posting of notices at court facilities directing that any person who has likely been exposed to COVID-19 should not enter the courthouse. Directive 3. This directive (discussed in more detail here) authorizes judicial officials to conduct proceedings that include remote audio and video transmissions notwithstanding other provisions of law. Directive 4. This directive provides that attorneys and other persons who do not have business in a courthouse should not enter the courthouse and encourages attorneys to submit filings by mail. Directive 5. This directive permits verification of pleadings and other documents by affirmation of the subscriber. Directive 6. This directive permits electronic service on a party or a party’s attorney. Directive 8. This directive provides that magistrates must continue to perform marriage ceremonies in suitable locations approved [...]