By Delaware Supreme Court Order, effective March 16, 2020, Delaware’s high court declared a judicial emergency, following the Governor of Delaware declaring on Friday, March 13, a state of emergency due to the coronavirus, and also on the same day that President Trump proclaimed a National Emergency. The foregoing hyperlink provides the actual Court Order. One provision makes it easier for trial courts, in their discretion, to postpone trials and hearings at least for 30 days. This also follows Orders highlighted on these pages a few days ago in which each of the Delaware Courts announced policies to help those with symptoms of the virus address obligations to appear for court hearings, etc. Some of those have already been superseded by Orders effective on March 16, 2020, as noted below.
On March 16, 2020, the Court of Chancery issued “Standing Order No. 2” regarding the impact of the coronavirus on the court system, which supersedes Order No. 1 on the topic that was issued a few days ago. In sum, this latest Order provides for all Chancery hearings and trials to be help via telephonic or other electronic means, with exceptions allowable only upon demonstrably exigent need within the discretion of the presiding judicial officer. The Delaware Court system has devoted a specific page on their website to all its Orders relating to this National Emergency, including the Delaware Superior Court issuing an Order effective today, March 16, continuing all trials for 30 days.
Best wishes to my readers in these challenging times, and I hope you all stay healthy.
N.B. This post was updated and edited at about 2:25 p.m. EST