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General Order #85 re: Court Operations under the Exigent Circumstances created by COVID-19 and related Coronavirus Health Conditions

D. Vt. Standing Order — General Order #85 re: Court Operations under the Exigent Cir

UNITED STATES DISTRICT COURT DISTRICT OF VERMONT 0: S; DJST!UCT COUR'r DISTRICT O"' VERMONT In re: Court Operations under the Exigent Circumstances created by COVID-19 and FH_,,n 3J1,/ic BY-- ~.____ _ related Coronavirus Health Conditions 1 CLERK 9!!!"1"!1¥ j GENERAL ORDER NO. 85 This administrative order is being issued in response to the outbreak of the Coronavirus Disease (COVID-19) in the State of Vermont and, more broadly, within the United States. On March 13, 2020, the Governor of Vermont and the President declared states of emergency at the state and national levels. To combat the spread of the disease and to take measures to safeguard the health of the public, court staff, attorneys and agency employees, and other people with business in the courthouse, the court adopts the following measures: 1. All civil and criminal matters scheduled for in-court appearance before any district or magistrate judge or bankruptcy judge in the District of Vermont are postponed pending further order of the court. This includes all jury trials. 2. Each judge retains authority over his or her docket and is authorized to make exceptions for emergency hearings. All judges remain available for case-related contact by electronic filing as well as by telephone and mail through chambers as well as through the clerk's office. Questions concerning filing deadlines should be directed to the assigned judge. 3. All grand jury proceedings in this District are postponed until April 23, 2020. Compliance with subpoenas where appropriate may be accomplished by electronic means. Further postponement will be ordered as necessary. 4. With regard to criminal cases, due to the court's reduced ability to obtain the adequate spectrum of potential jurors and the effect of recommendations from state and federal public health authorities on the availability of counsel and court staff in the courtroom, the time period of the postponements implemented by this administrative order will be excluded under the Speedy Trial Act, as the court specifically finds that the ends of justice served by ordering the postponements outweigh the best interest of the public and any defendant's right to a speedy trial, pursuant to 18 U.S.C. §3161 (h)(7)(A). The 30-day period for indictment pursuant to 18 U.S.C. §3161(b) is also subject to this exclusion. 5. Case-by-case exceptions to the postponements may be ordered for non-jury matters at the discretion of the court after consultation with counsel. 6. Criminal matters before the magistrate judge (or a district judge hearing such a matter for reasons of schedule and convenience) such as initial appearances, arraignments, detention hearings (and appeals to district judges from detention orders), and the issuance of search warrants, shall continue to take place in the ordinary course. 7. The work of the U.S. Probation Office will continue under protocols established by that office. The judges will remain available for the issuance of arrest warrants as needed for potential violations with a subsequent appearance before a judge. 8. The work of the bankruptcy court will continue subject to protocols established by the bankruptcy judge. 9. This order does not affect the consideration of civil or criminal motions that can be resolved without oral argument or handled by telephone conference call. 10. The clerk's office shall remain open and will be covered by a reduced staff. The phone will be answered and staff will be able to accept civil and criminal filings which are not filed electronically. The electronic filing system will be maintained in the usual course and will remain available for normal court business. This order will remain in effect until further order of the court. Dated at Burlington, in the District of Vermont, this 16th day of March, 2020. Geoffrey W. Crawford, Chief Judge U. S. District Court
Official source: https://www.vtd.uscourts.gov/sites/vtd/files/GeneralOrder85.pdf · retrieved 2026-07-23