Delaware Courts To Remain Closed Through May 14

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On April 14, 2020, Delaware Chief Justice Seitz entered an order extending the public closure of all Delaware state courthouses and their administrative offices through May 14, 2020 (a copy of the Extension of Judicial Emergency Order can be found here). During this time, access to state courthouses is restricted to emergency and essential hearings and operations. Non-emergency and non-essential telephonic arguments, telephonic hearings or videoconferences shall continue to proceed at the discretion of each of the state courts. Of particular importance to all practitioners and litigants, the order provides the following with regard to deadlines and statutes of limitations:

  • Deadlines in court rules or state or local statutes and ordinances applicable to the judiciary that expire between March 23, 2020 and May 14, 2020 are extended through June 1, 2020;
  • Statutes of limitations and statutes of repose that would otherwise expire during the period between March 23, 2020 and May 14, 2020 are extended through June 1, 2020; 
  • Deadlines, statutes of limitations, and statutes of repose that are not set to expire between March 23, 2020 and May 14, 2020 are not extended or tolled by this order; and
  • Deadlines imposed by court order continue to remain in place but may be extended, consistent with court practices, for good cause shown, including a COVID-19 related cause. 

Additional statements and advisories from the Delaware Judiciary regarding COVID-19, can be found here.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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