10605 Judicial Drive, Suite A-4 | Fairfax, Virginia 22030
Judicial Emergency Extended in Virginia
Today, the Virginia Supreme Court issued their fourth order continuing the Judicial Emergency since the COVID-19 crises began. The first order was issued on March 16, 2020 and each order has continued out the Judicial Emergency. Today’s order continues the Judicial Emergency through June 7, 2020. But today’s order provides more guidance on how the courts hope to re-open and start hearing non-emergency matters.
First, the order continues to toll all deadlines, including the statute of limitations on matters. However, the Court has clarified that deadlines as to Discovery are no longer tolled. Any Discovery issued during the period of Judicial Emergency the response period ends 21 from today, and any Discovery that previously due, the deadlines are no longer tolled.
Most importantly, this order states: “Effective immediately, it is ORDERED that all civil and criminal jury trials are suspended and shall be continued until further notice and no jury trials shall occur in the Commonwealth.” It is unclear when Jury trials will return to the Commonwealth of Virginia. Therefore, if you have a Jury trial scheduled for this year, it is very possible that the matter will not be heard. It is good to consider at this point alternatives dispute resolution for your case. One thing to consider is arbitration – this is when you pay a third party to act as a Judge and listen to the evidence and render a verdict. Arbitration is binding and would not leave any options for an appeal should you not be happy with the verdict. Another option is to consider mediation, selecting a third party to listen to both sides and help guide the parties towards a resolution. Mediation is not binding and if the party is not happy with the proposed resolution at the mediation, then the parties can continue forward to a trial. Finally, it is possible to elect to have a trial by Judge only, instead of a Jury.
If you wish to read the order, the full opinion can be found here: http://www.vacourts.gov/news/items/covid/2020_0506_scv_order.pdf
It is best to consult with your lawyer regarding your options as this period of Judicial Emergency is continued and extended. The attorneys at Pikrallidas Law are here to help and happy to speak with you regarding your options.
Thank you. Your submission has been sent.
Pikrallidas & Associates is located in Fairfax, VI and serves clients in and around Fairfax, West Mclean, Oakton, Merrifield, Vienna, Annandale, Dunn Loring, Clifton, Fairfax Station, Mount Vernon, Falls Church, Reston, Chantilly, Mc Lean, Greenway, Centreville, Springfield, Herndon, Fairfax County, Fairfax City County, Falls Church City County and Manassas Park City County.
Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Site Map ]
Martindale-Hubbell and martindale.com are registered trademarks; AV, BV, AV Preeminent and BV Distinguished are registered certification marks; Lawyers.com and the Martindale-Hubbell Peer Review Rated Icon are service marks; and Martindale-Hubbell Peer Review Ratings are trademarks of MH Sub I, LLC, used under license. Other products and services may be trademarks or registered trademarks of their respective companies. Copyright © 2021 MH Sub I, LLC. All rights reserved.