A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: COVID-19

Court Posts Public Dial-In for Virtual Bench Trial Starting Today

Andrew E. Russell, July 6, 2020
Virtual Trial Bench Trial

Gavel
Gavel, Bill Oxford, Unsplash

Judge Andrews is holding a virtual bench trial in a contract action today. The Court posted a dial-in for public access:

Remark: The public may access the Bench Trial scheduled to start 7/6/2020 by dialing the following phone number: 571-353-2300, then enter 792973273. The dial-in information provides listening capabilities only. (crb) (Entered: 07/06/2020)

Judge Andrews set forth his reasoning for holding a virtual trial in an order in June:

I had a teleconference with the parties on June 5. I suggested a virtual trial. I did not think it was fair for one side to have lawyers in the courtroom while the other side did not. A virtual trial (by which …
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Judge Stark Gives Insight Into 2020 Trial Schedule

Jeff Castellano, June 30, 2020
LPS COVID-19

In two recent oral orders, Chief Judge Stark provided some insight into how he is scheduling bench trials in 2020. In both cases, Judge Stark indicated a willingness to hold "remote" bench trials. While the question of whether and how jury trials will proceed in 2020 is still very much open, it appears that Judge Stark is continuing to move forward with bench trials, and investigating practical solutions to problems posed by Covid-related restrictions.

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District Court Details Re-Opening Plan

Jeff Castellano, June 16, 2020
COVID-19

The District of Delaware just announced its phased re-opening plan, which starts tomorrow (June 17).

COVID-19
COVID-19, CDC/Hannah A Bullock; Azaibi Tamin

The new “District of Delaware Re-Opening Guidelines” came on June 15, about three months after shutdowns began. During the shutdown, the Court issued a number of orders suspending certain operations and encouraging Judges to shift to videoconference or teleconference proceedings.

Yesterday’s guidelines represent the Court’s first official statement regarding a broader return to in-person operations.

The attached order sets a June 17 start date for Phase One.

Highlights

In all of the Phases, the Court will require face masks and social distancing in common areas, although use of those measures in individual courtrooms is left to the judges. …

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Delaware State Courts to Begin Reopening

Andrew E. Russell, May 31, 2020
COVID-19

COVID-19
CDC / Alissa Eckert, MS; Dan Higgins, MAMS

Right now, the District of Delaware has continued all jury trials and jury selection scheduled before June 30, 2020 in light of the COVID-19 pandemic. And while the Court's standing order does not require judges to hold pending oral arguments telephonically or by video, that has been the practice thus far. Shaw Keller has a great summary page.

Delaware State Courts Reopening

The Delaware state courthouses and their administrative offices have been closed to the public since March 23. Their COVID-19 page is here....

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Chief Judge Stark Schedules In-Person Argument for July 1

Andrew E. Russell, May 27, 2020
COVID-19

Today, Chief Judge Stark scheduled an in-person hearing for July 1, 2020—one day after the expiration of the current standing order re: COVID-19.

The Court's current standing order does not preclude in-person hearings, but the Court has been holding hearings telephonically or by video conference during the pandemic. This order shows that the Court--or at least Chief Judge Stark—is hoping to restart some in-person hearings relatively soon.

The full text of the Court's oral order is:

ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument on the post-trial motions on July 1, 2020 beginning at 1:00 p.m. Each side will be allocated up to one (1) hour to present its argument. This hearing is tentatively scheduled to …
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