FILED
MAR 182020
IN THE UNITED STATES DISTRICT COURT PETERA.MOCJRe.,
FOR THE EASTERN DISTRICT OF NORTH CAROLINA elSDls~rcou~~
20-S0-5 I X::; DePCl.K
JN RE: )
COURT OPERATIONS UNDER THE ) ST ANDING ORDER
EXIGENT CIRCUMSTANCES CREA TED )
BY THE COVID-19 PANDEMIC )
This Order is being issued in response to the recent outbreak of novel coronavirus in the
United States and the State of North Carolina. The World Health Organization has declared that
Covid-19 qualifies as a global pandemic, having spread across more than 120 countries with
more than 7,000 confirmed cases in the United States. The United States District Court for the
Eastern District North Carolina has been closely monitoring the outbreak of novel coronavirus
(which causes the disease designated as COVID-19), including careful monitoring of the
developing guidance from the Centers for Disease Control and Prevention ("CDC"). The CDC
has described the outbreak in the United States as a ··rapidly evolving situation" and is providing
continuously updated guidance as to the appropriate community response to COVID-19 as
conditions worsen. The CDC's guidance includes multiple types of mitigation strategies
generally aimed at reducing or avoiding exposure to infected individuals. In response to this
guidance, this Court issued 20-S0-4, In re: Restrictions on Visitors to Courthouses, which
remains in full effect.
The conditions continue to evolve. As of the date of this Order, there have been over
sixty confirmed cases of coronavirus within the State of North Carolina. On March 10, 2020,
Governor Roy Cooper declared a state of emergency in response to the outbreak. The CDC and
other public health entities have recommended social distancing as a .means to limit further
community spread of COVID-19. The Court is concerned for the health and safety of the public,
Court employees, staff of other entities with whom Court personnel interact, litigants, counsel,
interpreters, Jaw enforcement officials, and jurors, who must work in close quarters to hear
evidence and to deliberate.
Therefore, given the severity of the risk to the persons listed above by the spread of
COVID-19 in the Eastern District of North Carolina, and taking into consideration matters of
public health, in order to reduce the size of public gatherings and the need for travel, the Court
ORDERS as follows:
1. All United States Courthouses in the Eastern District of North Carolina will remain
open for business, subject to certain limitations outlined in this order or as otherwise
directed by a presiding judge in a United States Courthouse.
2. All civil and criminal jury trials scheduled to begin on any date from now through
May 1, 2020, are continued, to a date to be reset by each presiding judge. All other
hearings, conferences, and/or proceedings are subject to the discretion of the
individual judge presiding over the proceeding.
3. Due to the Court's reduced ability to obtain an adequate spectrum of jurors and due to
the reduced availability of attorneys and Court staff to be present in courtrooms
because of the public health considerations described above, the time period of the
continuances implemented by this Order are excluded under the Speedy Trial Act, 18
U.S.C. § 3161(h)(7)(A). The Court finds that the ends of justice served by ordering
these continuances outweigh the best interests of the public and each defendant's
right to a speedy trial. In fact, the best interests of the public are served by these
continuances. Any motion by a criminal defendant seeking an exception to this Order
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in order to exercise the right to a speedy trial must be directed to the district judge
presiding over the defendant's case.
4. Due to the large criminal caseload in the Eastern District of North Carolina, the U.S.
Attorney's Office has expressed the need to continue conducting grand jury
proceedings in ordinary course. Therefore, grand jury matters will proceed pending
further order of the Court.
5. Individual judges may continue to hold in-person hearings and proceedings, but
counsel may seek relief from those matters by appropriate motions. The parties are
encouraged to seek to participate in hearings and proceedings by telephone or video
as appropriate. This Order does not impact any judge's consideration of particular
matters on the papers alone.
6. Magistrate judges will continue to preside over criminal matters, such as initial
appearances, arraignments, detention hearings, and the issuance of warrants.
Wherever feasible, Magistrate Judges should consider the use of video conferencing
for initial appearances and other hearings as appropriate.
7. Any events involving the Court that are not case-specific, including, but not limited
to, continuing legal education courses, public tours, and public administration of
oaths to attorneys which are scheduled to occur between March 18, 2020, and May 1,
2020, are hereby cancelled and will be rescheduled as appropriate.
8. All United States Probation Offices will remain open for business.
9. Many employees, including some of chambers staff, will be teleworking, but they are
accessible by phone. Electronic filings may continue to be made through the
CM/ECF system. Intake counters remain open for paper filing, pending further order
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of the Court or as otherwise directed by a presiding judge in a United States
Courthouse.
10. Unless extended, this Order will remain in effect through May 1, 2020, and will then
expire.
SO ORDERED. This the dctay of March, 2020.
r~UJ,/)~
Terrence W. Boyle
Chief United States District Judge
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