Administrative Order 85/20 Formalizes Memorandum from New York’s Chief Administrative Judge Regarding Partial Resumption of “Non-Essential” Court Proceedings Print PDF

On April 8, 2020, the Chief Administrative Judge of the Courts (Hon. Lawrence K. Marks) issued AO/85/20, which formalized the memorandum that he issued on April 7 to all trial court justices and judges regarding the partial resumption of “non-essential” court proceedings.  Under AO/85/20:

• “Non-essential” filings are still precluded:  The preclusion on filings for “non-essential” matters, enacted under AO/78/20 on March 22, 2020, remains in effect.  Courts, however, have the ability to file orders in non-essential matters that they deem appropriate.
• Remote court conferences to be scheduled:  Courts must review their dockets to determine which matters may be resolved through “remote court conferencing.”  Courts may set up their own conferences, and also when parties request them “where appropriate.”  If the conference is through video, it will be conducted exclusively through Skype for Business.
• Fully submitted motions:  Courts will decide motions that are fully submitted.
• Discovery and other conferences:  Courts will remain available during normal court hours to address “ad hoc” discovery disputes, along with other matters where court filings are not required.

A link to AO/85/20 can be found at:  https://www.nycourts.gov/LegacyPDFS/courts/5jd/AO-85-20.pdf.