New York, N.Y. (March 8, 2021) - Lewis Brisbois' New York trial team continues to monitor COVID-19 courthouse restrictions, even as the courts begin reopening for jury trials. We remain heavily engaged in preparing for trials within the parameters of the restrictions that remain in place and are continuously evolving. Currently, our New York office has two federal trials scheduled to commence within the next three weeks.

Under the latest guidelines, out-of-state witnesses cannot enter the Southern District federal courthouse unless they meet certain requirements. A witness from outside of the contiguous New York area must first obtain a negative COVID-19 test result on day five after arrival in New York. Therefore, witnesses for Southern District jury trials must prepare for an extended stay in New York in order to deliver live testimony. Alternatively, arrangements can be made to present witness testimony by video, whether pre-recorded or live. In the Eastern District, however, jury trials remain suspended until further notice and, at present, there is no option to enter the courthouse by presenting a negative test. In New York's state courts, jury trials have not yet resumed and the majority of court cases will continue to be heard virtually. All courthouse visitors must submit to temperature screening and questioning before being granted entrance.

Due to the COVID-19 restrictions, only a handful of courtrooms in each courthouse are equipped to accommodate jury trials. As a tactic to encourage early settlement among parties, some judges are threatening to impose sanctions on parties who settle shortly after a jury is empaneled pursuant to local rules. For example, Southern District Local Rule 47.1 states that all counsel in civil cases shall seriously discuss the possibility of settlement within a reasonable time prior to trial, and that the court may, in its discretion, assess the parties or counsel with the cost of one day's attendance of the jurors if a case is settled after the jury has been summoned or during trial. For the purposes of this rule, a civil jury is considered "summoned" for a trial as of noon one day prior to the designated date of the trial. The amount of the sanction is at the judge's discretion, but would likely be in the ballpark of $1,000.

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