Court / Entity

Current Status / COVID-19 Policy

Federal Courts

U.S.D.C., E.D.N.Y.

• All jury trials scheduled to begin before April 27, 2020, are continued until further notice. Compliance with all trial-related deadlines is at the discretion of the presiding judge. (Standing Order)
• Individual judges may continue to hold hearings, conferences and bench trials but are strongly encouraged to conduct proceedings by telephone or video conference where practicable and/or adjourn matters or deadlines, or stay litigation, where in-person meetings, interviews, depositions or travel would be necessary to prepare for any such proceeding. (Standing Order)
• The court has ordered restrictions on who can enter the courthouse. (Administrative Order 2020-05)

U.S.D.C., S.D.N.Y.

S.D.N.Y. Response to COVID-19

• All jury trials scheduled to begin between March 16 and April 27 are continued until further notice. Compliance with all trial-related deadlines is at the discretion of the presiding judge. (Standing Order)
• Individual judges may continue to hold hearings, conferences and bench trials but are strongly encouraged to conduct proceedings by telephone or video conference where practicable. (Standing Order)
• Access to the courthouses will be restricted to those with “official business.” (Standing Order)

U.S. Bankruptcy Court, E.D.N.Y.

• Individual judges have, in some instances, adopted procedures for the COVID-19 national emergency. (Judge's Procedures)
• Trustees will accommodate all reasonable requests for continuances of Section 341 meetings of creditors by debtors who are at “heightened risk.” (Notice)
• The court has ordered restrictions on who can enter the courthouse. (Standing Order)

U.S. Bankruptcy Court, S.D.N.Y.

Courthouse Protocol (COVID-19)

• Trustees will accommodate all reasonable requests for continuances of Section 341 meetings of creditors by debtors who are at “heightened risk.” (Notice)
• The court has ordered restrictions on who can enter the courthouse. (Notice)

U.S. Court of Appeals for the Second Circuit

Announcement (March 16, 2020)

• Oral arguments will be heard as scheduled. Remote appearances will be allowed.
• Access to the courthouse is restricted to those with business before the court.
• All filing deadlines are tolled by 21 days, effective March 16, 2020, through May 17, 2020. Notwithstanding this general extension, a judge or panel may, by separate order, direct the parties to comply with a different filing date as deemed necessary in a particular case.

U.S. Supreme Court

March 16, 2020 Press Release

• All oral arguments currently scheduled for the March session (March 23-25 and March 30-April 1) are postponed. The Court will examine the options for rescheduling those cases in due course in light of the developing circumstances.
• Filing deadlines are not extended.

New York State Courts

New York Courts (Statewide)

New York Courts COVID-19 response page

• All nonessential matters postponed until further notice. (Notice) Each county will make its own assessments about how to manage ongoing matters.
• All courthouses have posted a notice advising at-risk individuals not to enter.
• The court’s general information line is 800-268-7896, but it currently directs you to contact local courts. The court has created a Coronavirus Telephone Hotline to answer questions about juror service, a case already in court, or starting a court case during this time. Call (833) 503-0447. You can sign up to receive alerts directly from the courts by creating an account at this link.

New York Supreme Court (All New York City counties)

Formal announcement pending. Court personnel orally communicated the following to our firm on March 16, 2020, but said that it could change at any moment. Please check with the appropriate court and/or the presiding judge concerning specific matters.

• Motion timing and filing deadlines will not be changed unless the court makes a specific request. You will receive an electronic notification from the court through usual channels.
• Oral argument: Motions will be decided on submission, without oral argument. Specific requests for oral argument will be entertained on a case-by-case basis. Requests should be submitted to the judge.
• Conferences and hearings will be adjourned.

Appellate Division, First Department

Matters to be Heard on Submission or Oral Argument by Remote Appearances through Skype. (Emergency Procedures)

• All matters calendared for oral argument on March 17-19 will be on submission only. There will be no oral argument.
• All matters scheduled for oral argument on March 24-27 will be on submission only. There will be no oral argument. If you would like oral argument, you must contact the court’s office, in writing and on notice to all parties in the matter, via email at AD-1-clerks-office@nycourts.gov no later than Thursday, March 19, 2020 at 5:00 p.m.
• Adjourned matters will be re-calendared for a later date.
• Appeals calendared for the second and third weeks of the April 2020 term will be re-calendared.
• Hard copy filings are not permitted.
• All filings made in connection with appeals subject to mandatory efiling must still be filed via NYSCEF in a timely manner and in accordance with the procedural and electronic rules of the Court.
• The Court will be able to entertain only emergency applications. Submissions for emergency applications shall be done electronically via email to AD1InterimApp@nycourts.gov, with notice via email to opposing counsel.

Appellate Division, Second Department

Second Department COVID-19 Update Page

• Beginning March 17, 2020, no visitors will be allowed at the courthouse and the Clerk’s Office will not be staffed. Emergency applications will be accepted via email (all adversaries copied) at ad2clerk@nycourts.gov. Appeals calendars will continue to be processed through April 2, but all arguments will be on submission. See notice for how to submit urgent requests to the court. (Notice)
• Hard copies will no longer be accepted. For cases not subject to electronic filing, submissions should be through the Second Department’s web portal. (Notice)
• Oral argument cancelled. Beginning March 17, 2020, all appeals will be taken on submission. Oral argument by Skype will be permitted upon request (copying all parties) to ad2clerk@nycourts.gov. (Notice)

New York Court of Appeals

March 13, 2020 Notice

• The Court of Appeals remains scheduled to hear oral argument in Albany for its March 2020 session, and remains open to the public, subject to the precautions recommended by state and national health authorities.
• Counsel who are scheduled to argue but are unable to appear in person by reason of the current public health emergency may contact the Clerk’s Office and request other arrangements, including oral argument by videoconference.

Alternative dispute resolution forums

American Arbitration Association (AAA) / International Centre for Dispute Resolution (ICDR)

COVID-19 Updates

• While the AAA-ICDR remains active and operational, no hearings will take place in AAA-ICDR hearing facilities after March 20th until at least March 31st.
• In cities where governmental authorities have shut down activities, our physical offices will be closed immediately. Our case management staff will contact parties and arbitrators to discuss alternative arrangements, including the use of video, teleconferencing or postponements.

JAMS Mediation, Arbitration and ADR Services

March 13, 2020 Advisory for JAMS Visitors

• Do not visit a JAMS resolution center if you are sick. There are technology options available for remote hearing participation.
• Notify the local manager immediately if you or anyone who will accompany you to a JAMS hearing has traveled within areas that have travel restrictions within the past three weeks.

The Financial Industry Regulatory Authority, Inc. (FINRA)

Key Topics: COVID-19

• All in-person arbitration and mediation proceedings scheduled through May 1, 2020, are postponed. You will be contacted by FINRA staff to reschedule or discuss remote scheduling options.
• All case deadlines continue to apply and must be timely met unless the parties jointly agree otherwise.

Regulatory Agencies

Manhattan District Attorney’s Office

Manhattan DA Homepage

• Manhattan DA Cyrus Vance, Jr. stated that his office is weighing policies to drastically reduce parole supervision caseloads and re-arrests for technical violations in order to decrease jail and prison populations.
• The Manhattan DA has not provided a COVID-19 resource webpage. Please check the Manhattan DA homepage for any new announcements.

New York State Attorney General

Guidance on Coronavirus Resources and Warnings about Consumer Scams

• The Office of the Attorney General remains operational and has offered guidance regarding its temporary suspension of medical and student debt collection, consumer protection tips, health insurance questions and employment protections.

U.S. Attorney’s Office for the Eastern District of New York

E.D.N.Y. Homepage

• The E.D.N.Y. has not announced major operational changes or provided a COVID-19 resource webpage. Please check the E.D.N.Y. homepage for any new announcements.

U.S. Attorney’s Office for the Southern District of New York

S.D.N.Y. Homepage

• The S.D.N.Y .has not announced major operational changes or provided a COVID-19 resource webpage. Please check the S.D.N.Y. homepage for any new announcements.

U.S. Commodities Futures Trading Commission (CFTC)

CFTC Homepage

• The CFTC has not announced major operational changes or provided a COVID-19 resource webpage. Please check the CFTC homepage for any new announcements.

U.S. Department of Justice (DOJ)

DOJ Homepage

• The DOJ has not announced major operational changes or provided a COVID-19 resource webpage. Please check the DOJ homepage for any new announcements.

U.S. Securities and Exchange Commission (SEC)

SEC Coronavirus (COVID-19) Response

• The SEC (including the Division of Enforcement and the Office of Compliance Inspections and Examinations) remains fully operational.
• For certain pending actions that have comment periods expiring in March, the SEC will not take final action prior to April 24.