• Quick Reference Guide to Orders from the Chief Justice and the North Carolina Supreme Court Related to COVID-19

    This entry was contributed by Meredith Smith on June 9, 2020 at 9:05 am and is filed under Clerks of Superior Court, Uncategorized.
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    *This post has been updated multiple times.  For the most recent version of the chart, scroll to the bottom of the post.

    Since the start of the pandemic, the Chief Justice of the North Carolina Supreme Court and the North Carolina Supreme Court have issued a number of directives impacting the court system.  Instead of doing a heavy substantive post today, I thought I would share a quick reference chart I’ve been using to keep track of these directives, their effect based on the most recent order issued, the dates of the order containing each directive, and their expiration date.

    This chart is by no means intended to be a substitute for the orders.  Please read the full text of the orders for guidance. The full text of the orders along with all of the other COVID-19 judicial branch updates may be found at https://www.nccourts.gov/covid-19.

    The chart does not include executive orders issued by the Governor related to the pandemic.  Those are available here.  It also does not include state legislation from the General Assembly, including two key pandemic-related session laws, Session Law 2020-3 and Session Law 2020-4, or related federal legislation, such as the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). 

    To access the chart (updated through June 9, 2020), click here.

    UPDATE (June 23, 2020): On June 20, 2020, the Chief Justice entered two orders.  I updated the quick reference chart to reflect those orders.   A marked-up version showing changes to the June 9 chart is available here.  A clean version without marked changes that incorporates the June 20, 2020 orders is available here.

    UPDATE (June 30, 2020):  On June 29, 2020, the Chief Justice entered two orders. I updated the quick reference chart to reflect those orders.   A marked-up version showing changes to the June 23 chart is available here.  A clean version without marked changes that incorporates the June 29, 2020 orders is available here.

    UPDATE (July 22, 2020):  On July 16 and July 20, 2020, the Chief Justice entered orders. I updated the quick reference chart to reflect those orders.   A marked-up version showing changes to the June 30 chart is available here.  A clean version without marked changes that incorporates the July 16 and July 20 orders is available here.

    UPDATE (July 24, 2020):  On July 24, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the July 22 chart is available here.  A clean version without marked changes is available here.

    UPDATE (August 4, 2020):  On July 29, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the July 24 chart is available here.  A clean version without marked changes is available here.

    UPDATE (August 17, 2020):  On August 15, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the August 4 chart is available here.  A clean version without marked changes is available here.

    UPDATE (August 25, 2020):  On August 24, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the August 17 chart is available here.  A clean version without marked changes is available here.

    UPDATE (September 18, 2020):  On September 15, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the August 24 chart is available here.  A clean version without marked changes is available here.

    UPDATE (October 2, 2020):  On September 30, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the September 18 chart is available here.  A clean version without marked changes is available here.

    UPDATE (October 16, 2020):  On October 15, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the October 2 chart is available here.  A clean version without marked changes is available here.

    UPDATE (November 19, 2020):  On November 16, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the October 16 chart is available here.  A clean version without marked changes is available here.

    UPDATE (November 30, 2020):  On November 30, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (December 14, 2020):  On December 14, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (December 31, 2020):  On December 31, 2020, the Chief Justice entered an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (January 14, 2021):  On January 13, 2021, the Chief Justice issued an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (January 29, 2021):  On January 29, 2021, the Chief Justice issued an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (February 12, 2021):  On February 12, 2021, the Chief Justice issued an order.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (March 15, 2021):  On March 12, 2021, the Chief Justice issued an order that takes effect on March 15, 2021.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (April 12, 2021):  On April 9, 2021, the Chief Justice issued an order that takes effect on April 12, 2021.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (May 10, 2021):  On May 7, 2021, the Chief Justice issued an order that takes effect on May 10, 2021.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (May 14, 2021):  On May 14, 2021, the Chief Justice issued an amendment to his most recent order that took effect on May 10, 2021.  I updated the quick reference chart to reflect this amendment.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (June 7, 2021):  On June 4, 2021, the Chief Justice issued an order that takes effect on June 7, 2021.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    UPDATE (June 21, 2021):  On June 21, 2021, the Chief Justice issued an order that ended the last remaining emergency directives in effect.  I updated the quick reference chart to reflect this order.  A marked-up version showing key changes to the previous version of the chart is available here.  A clean version without marked changes is available here.

    Directive # Most Recent Effect Order Date Expiration
    1 Proceedings must be scheduled or rescheduled until after June 1 unless an exception applies May 1
    April 2
    March 13    		 May 30
    2 Clerk of superior court to post notices at courthouse door May 30
    May 1
    April 2
    March 13    		 June 29
    3
    • Authorization for judicial officials to conduct remote proceedings
    • Remote proceedings must safeguard constitutional rights and meet standards outlined in order
    		 May 30
    May 1
    April 2    		 June 29
    4
    • Attorneys and others who do not have business in the courthouse should not enter the courthouse
    • Attorneys are strongly encouraged to submit filings by mail
    		 May 30
    May 1
    April 2    		 June 29
    5
    • Documents that must be verified or under oath may be filed under affirmation of subscriber if substantially in the form set out in the order
    • Does not apply to wills, real estate conveyances, or documents not filed with the court
    		 May 30
    May 1
    April 2    		 June 29
    6
    • Allows Rule 5 service to be made electronically on a party or party’s attorney with written consent; email must time-stamped by 5:00 PM that day to be considered served that day
    • Does not modify electronic service in the NC Business Court, governed by Business Court Rule 3
    		 May 30
    May 1
    April 2    		 June 29
    7 Monies owed pursuant to a judgment or order in a criminal or infraction case May 30
    May 1
    April 2    		 June 29
    8 Magistrates required to continue to perform marriages May 30
    May 1
    April 16    		 June 29
    9 Social distancing in court sessions; encourages remote hearings; directive to limit large gatherings and face to face interactions between court personnel and the public May 21 June 29
    10 No jury trials for 30 days; intention to extend prohibition through end of July May 21 June 20
    11
    • Senior resident judge to serve as or designated a COVID 19 Coordinator
    • COVID 19 Task Force to develop guidelines for in court proceedings
    		 May 21 June 20
    12 Senior resident superior court judge shall ensure social distancing markings throughout the courthouse, establish maximum occupancy in courtroom to allow for social distancing, post notices regarding maximum occupancy, make sanitizer available, and ensure daily/periodic cleaning May 21 June 20
    13 Before publishing or distributing court calendar, the COVID 19 Coordinator to coordinate social distancing for court sessions and ensure facemasks for courtroom staff made available May 21 June 20
    14
    • Clerks directed to ensure filings may be submitted during normal business hours and access to public records
    • Clerks may allow use of secure drop box; may require access to public records by appointment only and limit hours of access
    		 May 21 June 20
    15
    • Attorneys and litigants encouraged to submit filings by mail
    • Beginning June 1, pleadings and other documents delivered by the United States Postal Service to the clerk are deemed timely filed if received within 5 business days of the date the filing is due
    		 May 21 June 20
    16
    • COVID 19 Coordinator to make determinations about possibility for jury trials that adhere to social distancing and spacing in courtroom and deliberation room
    • COVID 19 Task Force to recommend best practices and minimum requirements for jury trials
    		 May 21 June 20
    17
    • All evictions pending in the trial division stayed until June 21
    • Sheriff not required to execute or return pending writs of possession of real property until June 30
    		 May 30 June 29
    18
    • Summary ejectment proceeding filed on or after March 27, no writ of possession shall issue unless CARES Act finding made
    • NC Administrative Office of the Courts to publish a form for use in any summary ejectment action filed on or after March 27 to June 1 (submitted before final judgment) and June 1 or after (file with complaint)
    		 May 30 June 29
    19 Establishes a voluntary mediation program for summary ejectment actions May 30 June 29
    Other
    • In any matter in which deadline to file notice of appeal fell between March 13 and June 1, the deadline for filing the appeal and making any required payment or bond is extended to June 30
    • Presiding judicial officials retain authority under law to grant further extensions they deem appropriate
    		 May 30
    Other Civil, Estates, and Special Proceedings:

    • Deadlines for filing documents and for acts to be done between March 16 and June 1 (inclusive of those dates) remains June 1 in accordance with the April 13 order
    • Periods of limitation set to expire between March 16 to July 31 (inclusive of those dates) extended to July 31

    Criminal:

    • Deadlines for filing documents and for acts to be done between March 16 and July 31 (inclusive of those dates) extended to July 31
    • Order does not change criminal monies owed (Directive 7)
    • Order does not apply to documents and papers due to be filed or acts to be done in the appellate courts
    • Bail bond forfeiture proceedings continue to be governed by April 13 order
    • Presiding judicial officials retain authority under law to grant further extensions they deem appropriate
    		 May 21
    April 13
    March 19
    Other Extension of time in bail bond forfeiture proceedings for dispositions due on or after April 14 and before or on September 29 to close of business on September 30, 2020; stays the automatic disposition of forfeiture proceedings April 14 through (and including) September 29 April 13
    Other NC Supreme Court order

    • Clerk duties related to the publication and distribution of the calendar
    • Temporary modification of secure leave
    • Continuing Judicial Education allowed remotely for judges and justices
    		 May 14
    Other NC Supreme Court order

    • Deadlines imposed by the Rules of Appellate Procedure that fall between March 27 to April 30 (inclusive of those dates) extended for 60 days
    • Electronic filing encouraged by all parties
    • Credit for secure-leave periods
    		 March 27 May 27
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    Meredith Smith
    Meredith Smith joined the School of Government in 2013. Her work focuses on the areas of law where clerks of superior court exercise judicial authority.
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