On April 21, 2020 our firm received the following update regarding a possible date for reopening of the San Diego Court:
The court will not be opening on May 1st. There is a request that the court re-open on May 25th. However, it is not ‘certain’ the courts will re-open on May 25th. There is no definitive date for the courts to re-open. It really depends on when the Governor removes the shelter at home Executive Order. When the courts do re-open it will be a soft opening.
In family law the courts are open for:
Ex parte Domestic Violence Temporary Restraining Orders, Gun Violence Temporary Restraining Orders and emergency ex parte custody orders.
In Civil, the courts are open for:
Civil Harassment Temporary Restraining Order, Gun Violence Temporary Restraining Orders, Elder Abuse Temporary Restraining Orders
There is one civil I/C Judge and one Family Law Judge in each branch.
All persons in the courthouse are masked, including judicial offices, bailiffs, clerks
There are no more than 20 people total in both the downtown courthouses, and that includes judges, clerks, bailiffs, etc.
Family Law hearings will likely start with video hearings. Family Law will be using MICROSOFT TEAMS, which is a free app. There is an option for audio and video or just audio.
They are using it in criminal now.
Civil will be using Court Call for video hearings.
Civil cases are encouraged to consider bench trials instead of jury trials, as bench trials will be heard much sooner than a jury trial.
In family law, trials that are calendared when the courts re-open will be determined by the Judicial Officer who is hearing the trial or the I/C judge.
Domestic violence and custody cases will be having priority over property and support cases. Those cases will likely be moved to allow the priority cases to be heard.
All trials that are currently set in civil on a date when the courts reopen will likely be moved to allow those persons who had trials scheduled in March, April and May to be heard.
Any pleadings/filings that are being mailed into the court are not being processed. The court receives approximately 1,000 pieces of mail in civil each day. The mail is being ‘stacked up into ‘boxes’ and nothing is being filed.
All pleadings mailed to the court will be file stamped the day the courts open.
They are taking no filings at this point.
They are going to look at doing electronic filings or a drop box filings at the start of ‘re-opening,’ but nothing is definitive.
At this point, there are NO filings and every day is a court holiday.
There are working groups in family and civil to deal with the various issues with the courts
When the courts re-open, they will do a soft opening. When they do re-open the court clerks will be reaching out to attorneys re re-scheduling trials.
Please know that we will be posting updates as we receive them.
Andrew P. Johnson A.P.C.
When you want your case done right the first time.