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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Miscellaneous Case No. 2:20-mc-00052
ENTERED
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APR 14 2020
RORY L PERRY 11, CLERK
U.S. o;strict Court
Southern Olstrict of West Vlr lnla
IN RE: COURT OPERATIONS IN LIGHT OF
THE EXIGENT CIRCUMSTANCES
PRESENTED BY THE COVID-19 PANDEMIC
GENERAL ORDER #5
On March 13, 2020 a General Order was entered recognizing the exigent
circumstances created by the COVID-19 pandemic and continuing all jury matters in
the District for a period of two weeks. On March 18, 2020, General Order #2 was
entered that imposed certain restrictions upon entry to the courthouses in the
District, in light of guidance issued by local and national public health authorities.
On March 23, 2020, the Court entered General Order #3, which expanded and
extended the measures set forth in the first two orders and made further findings
regarding the serious circumstances presented by the pandemic. General Order #3,
among other things, postponed or canceled all in person court proceedings and other
gatherings in this court and its courthouses through April 24, 2020, and generally
closed to the public the courthouses of this district, subject to some exceptions to
allow for necessary court business.
Case 2:20-mc-00052 Document 6 Filed 04/14/20 Page 2 of 4 PageID #: 17
The Court now adopts its previous findings on this matter contained in the
prior orders. The Court further finds that the pandemic continues worldwide and
indeed may not yet have reached its peak in the United States. Likewise, the Court
notes that there are hundreds of cases in the State of West Virginia and in this
district, indicating community transmission at least in some locations. Nonetheless,
the Court finds that the “social distancing” appears to be having a beneficial effect on
the spread of the virus but needs to continue for a period of time into the future.
IT IS THEREFORE ORDERED, that all civil and criminal petit jury
selections and trials scheduled to commence now through May 31, 2020 before any
district or magistrate judge in the Southern District of West Virginia are
CONTINUED until further order of the Court; and it is further
ORDERED that with regard to criminal trials, due to the Court’s reduced
ability to obtain an adequate spectrum of jurors and the effect of the above public
health recommendations on the availability of counsel and Court staff to be present
in the courtroom, the time period of the continuances implemented by this Order will
be excluded under the Speedy Trial Act, as the Court specifically finds that the ends
of justice served by ordering the continuances outweigh the best interests of the
public and each defendant in a speedy trial, pursuant to 18 U.S.C.
§ 3161(h)(7)(A); and it is further
ORDERED that all other in-person civil and criminal proceedings in the U.S.
District Court for the Southern District of West Virginia, including court
appearances, trials, hearings, settlement conferences, admission ceremonies, and
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grand jury meetings now scheduled to occur through May 31, 2020, are
POSTPONED and will be rescheduled at a later date, unless the presiding judge in
an individual case issues an order after the date of this Order directing that a
particular proceeding will be held on or before May 31, 2020; and it is further
ORDERED that due to the unavailability of a grand jury in this District, the
30-day time period for filing an indictment or an information is TOLLED as to each
defendant during the time period March 13, 2020 through May 31, 2020, in
alignment with 18 U.S.C. § 3161(b); and it is further
ORDERED that in order to reduce the necessity of handling mail, the
requirements of Local Rule of Civil Procedure 7.1(a)(5) and Local Rule of Criminal
Procedure 49.1 are hereby suspended through May 31, 2020, and it is therefore
unnecessary during this period for counsel to provide a paper courtesy copy to the
assigned judicial officer of a document over fifty pages in length that is filed
electronically; and it is further
ORDERED that the Court will remain open for emergency criminal, civil, and
bankruptcy matters related to public safety, public health and welfare, and
individual liberty; and it is further
ORDERED, pursuant to 41 C.F.R. 102-74.375, in order to provide for the
orderly conduct of government business, the U.S. Courthouses in the Southern
District of West Virginia continue to be closed to the general public. Only litigants
with scheduled in-person proceedings, parties who must appear in the courthouse as
a direct consequence of a court ruling, counsel of record, investigators or employees
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of counsel, credentialed press, and authorized persons who display government or
other identifying credentials to Court Security Officers may be present in the
courthouses. Members of the public will retain access to drop boxes at the entrance
of each courthouse to deposit papers between 8:30 a.m. and 5:00 p.m. Monday
through Friday. Postal and common courier deliveries will continue to be processed
in the usual fashion; and it is further
ORDERED that this Order does not toll any applicable statute of limitations.
Electronic filing through CM/ECF will remain available, and self-represented
litigants may deposit papers in drop boxes at each courthouse between 8:30 a.m. and
5:00 p.m., Monday through Friday. For emergency criminal matters, please contact
the assigned magistrate judge. For emergency civil matters, please contact the
Clerk’s Office at (304) 347-3000. For emergency bankruptcy matters, please contact
the Bankruptcy Court Clerk’s Office at (304) 347-3003; and it is finally
ORDERED that the courthouse entry restrictions set forth in General Order
#2 continue to remain in effect for any person authorized to enter a courthouse in
this District, and General Order #4 remains in effect unchanged.
SO ORDERED this 14th day of April, 2020.
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