FILED IN THE
UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Mar 12, 2021, 12:43 pm
Michelle Rynne, Clerk of Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
IN RE: DISTRICT OF HAWAII
RESPONSE TO COVID-19 PANDEMIC
MARCH 15, 2021 TEMPORARY GENERAL ORDER REGARDING
DISTRICT OF HAWAII RESPONSE TO COVID-19 PANDEMIC
This Temporary General Order supersedes the Court’s “November 16, 2020
Temporary General Order Regarding District of Hawaii Response to COVID-19
Pandemic” and is effective as of March 15, 2021.
The Court continues to monitor the spread of the COVID-19 virus in the
State of Hawaii and the rest of the United States, and has carefully considered the
need to protect the public, court employees, jurors, litigants, and counsel from
being exposed to the COVID-19 virus. On February 12, 2021, Hawaii Governor
David Ige issued an “Eighteenth Proclamation Related to the COVID-19
Emergency.” The Eighteenth Proclamation states, in part, that “COVID-19
continues to endanger the health, safety, and welfare of the people of Hawaii and a
response requires the serious attention, effort, and sacrifice of all people in the
State to avert unmanageable strains on our healthcare system and other
catastrophic impacts to the State.” Further, the City and County of Honolulu has
developed a 4-tier system for reopening various sectors of the economy, with Tier
1 being the most restrictive and Tier 4 being the most relaxed. At the time of this
Order, the City and County of Honolulu is in Tier 3.
Understanding the need for the court to continue its operations, but also
taking into account the threat that COVID-19 poses in the State of Hawaii, with the
agreement of all of the judges of the United States District Court for the District of
Hawaii, the Court orders as follows:
Mitigation Measures for the Courthouse:
Beginning March 15, 2021, the courthouse and the Clerk’s Office will be
open to the public on Monday through Friday 8:30 am to 4:00 pm, other than
on holidays recognized by the Court.
All persons entering the courthouse, including but not limited to litigants,
attorneys, members of the public, media, vendors, and contractors, shall be
required to wear a face mask (without valves) that fully covers the nose and
mouth while in all public areas of the courthouse. The three exceptions to
this rule are:
1) children too young to wear a face mask;
2) those who cannot wear a face mask due to medical necessity may
wear a face shield in lieu of a face mask; and
3) individual judges may permit anyone speaking in a courtroom while
court is in session to wear a face shield in lieu of a face mask, or
permit a witness to testify behind plexiglass without a face mask or
face shield.
Anyone seeking entry to the courthouse without a face mask will be
provided a free face mask at the courthouse entry. Anyone refusing to wear
a face mask (or face shield, if permitted) as required by this Order shall be
denied entry, or removed from the courthouse, by the United States Marshals
Service.
Hand sanitizer stations will be made available throughout the courthouse,
including immediately upon entry and by all elevators.
Everyone in public areas of the courthouse will be required to maintain
social distancing of at least six feet, unless exempted by the Court. For
instance, while at the entry pavilion or waiting for an elevator, all visitors are
required to maintain at least a six-foot distance from the nearest person. The
courtrooms will have chairs clearly designated for use that meet the six-foot
distancing requirement.
2
Entry to the courthouse will be denied to anyone:
1) who has tested positive for COVID-19, unless asymptomatic for 10
days after receiving the positive test result;
2) who has been in close proximity for more than 15 minutes to a person
who has tested positive for COVID-19, unless 10 days has passed
since the last contact with the positive individual;
3) who is living in the same household with a person who has tested
positive for COVID-19, unless 20 days have passed since the person
tested positive;
4) who has symptoms of a COVID-19 infection, including fever, chills,
shortness of breath, unexplained coughing, and new loss of taste or
smell; or
5) who is required by the State of Hawaii to be in self-quarantine.
Any non-courthouse employee entering the courthouse who has been outside
of the State of Hawaii during a previous 10-day period is required to provide
the Court with written notification that the person intends to enter the
courthouse. Notification must be provided as early as possible. This
notification requirement includes attorneys (appearing for any purpose) and
witnesses, and applies regardless of any State of Hawaii quarantine
exemption. Attorneys are responsible to provide notification on behalf of
witnesses the attorney intends to bring into the courthouse. Notice must be
provided as soon as feasible and sent to the orders email address for the
presiding judge. See https://www.hid.uscourts.gov/contactJudges. If grand
jury is being held, notice regarding any grand jury appearances by an
attorney or witness must be sent to
[email protected].
Each presiding judge retains the discretion to prohibit entry to any person
based on COVID-19 concerns.
Non-Jury Proceedings:
In order to minimize the risk of COVID-19 transmission, the Court will
make efforts to minimize traffic in the courthouse. Each presiding district or
magistrate judge will determine whether civil matters, including case
management matters, settlement conferences, and hearings, will be taken off
3
calendar pursuant to Local Rule 7.1, or conducted by telephone, Zoom, or in
court.
Each presiding judge will determine how to proceed with non-jury trials.
At the discretion of the presiding judge, the Court will continue to conduct
certain criminal proceedings by telephone or video as permitted by the
Court’s most current CARES Act Order.
Certain criminal proceedings that fall outside the Court’s most recent
CARES Act Order will be conducted in court, if possible.
If a presiding judge elects to proceed with a hearing by telephone or Zoom,
all hearings will be available to members of the public and the media, to the
extent permitted and practicable. Specific information will be available on
each case’s individual docket on PACER, and further instructions can be
found on the Court’s website. Members of the public and media are strictly
prohibited from recording or broadcasting any hearing (whether telephonic
or Zoom), in whole or in part, in any fashion. Failure to abide by this
restriction may result in sanctions. Further information may be set forth on
the Court’s website, www.hid.uscourts.gov, and may change from time to
time.
For attorneys, filings will be processed in civil and criminal cases via the
CM/ECF electronic system, by mail, in person at the Clerk’s Office, or
through use of the Court’s drop box located outside the courthouse. Further,
sealed matters may be filed by email to the Clerk’s Office at
[email protected].
For pro se litigants, in addition to filing by mail, in person at the Clerk’s
Office, or using the Court’s drop box, filings may made by email to the
Clerk’s Office at
[email protected]. File-stamped copies will be
returned by United States mail or email. Anyone seeking assistance from
the Clerk’s Office should call (808) 541-1890. Additional procedures for
filing court documents can be found on the Court’s website at the COVID-
19 information page at www.hid.uscourts.gov/covid.
4
Beginning on March 15, 2021, parties are again required to provide
mandatory chambers copies as required by Local Rule 10.3. Mandatory
Chambers Copies may be mailed as permitted by Local Rule 10.3(c)(2).
Jury Proceedings:
Given the size of the courthouse and the District Court’s courtrooms, and the
need for parties, counsel, paralegals, interpreters, court staff, and jurors to
maintain the required six-foot social distancing throughout any trial, certain
multi-plaintiff or multi-defendant cases cannot be conducted safely. Until
further notice and in the interest of safety, the Court will thus limit the
number of counsel and parties that can be in a courtroom during a trial.
Each case will be considered on an individualized basis, taking into account
the number of participants involved, the anticipated length of the trial, and
any other relevant considerations.
The Court further finds that multiple jury trials cannot safely be conducted
simultaneously on the fourth floor of the courthouse; that is, only one jury
trial can be safely held at a time on the fourth floor.
The Court understands that the continuance of jury trials has and will
continue to cause hardship for all parties. For criminal cases, individual
presiding judges will hold trial setting status conferences as required. But
before any status conference is held, parties are required to confer to
determine if a stipulation can be entered to continue the trial date and toll
time under the Speedy Trial Act, which may eliminate the need for a status
conference. Each presiding judge will make appropriate findings and enter
an order (whether as part of a stipulation or as a standalone order) tolling
time under the Speedy Trial Act; that is, each presiding judge will make the
individual findings required by the Speedy Trial Act.
Although the Court will continue to prioritize the resumption of criminal
trials, limited civil trials will be able to commence as of April 1, 2021. The
Court has designated courtroom 8, which is too small to conduct a criminal
jury trial, as its primary civil jury trial courtroom. Given the size of
courtroom 8, along with the need to socially distance, only relatively short
trials with a limited number of courtroom participants (e.g., lawyers,
paralegals, IT staff, or clients) will be able to proceed. The presiding judge
5
has the discretion to determine if a particular civil case is appropriate for a
jury trial in Courtroom 8.
ORDERED ON BEHALF OF THE COURT:
DATED: Honolulu, Hawaii, March 12, 2021.
/s/ J. Michael Seabright
J. Michael Seabright
Chief United States District Judge
In Re District of Hawaii Response to COVID-19 Pandemic; March 15, 2021 Temporary General
Order Regarding District of Hawaii Response to COVID-19 Pandemic
6
