COVID-19 - NCBarBlog

Chief Justice Beasley just rolled out her newest orders on the courts.

You can read about them here, but below are the highlights that should be of interest to North Carolina litigators:

Filing, Deadlines, and Statutes of Limitation/Repose

Filings due pursuant to statutes of limitation or repose are extended until July 31.
Filings and actions due in civil matters that had been previously extended are due June 1.
Filings by mail are encouraged and clerks may require filings be dropped off rather than submitted face-to-face at a service counter as well as reduce hours/require appointments.
To encourage filing by mail, a 5-day grace period will be provided for documents delivered by mail.

May 21, 2020/by Litigation

What You Missed at the May 8 Administrative Law Discussion on COVID-19 Developments

On May 8, the Administrative Law Section conducted its first-ever free-for-all and open-to-all-section-members discussion by Zoom conference. We hope you will find the information below informative and that you will join us for our next teleconference.

We opened with Section legislative committee co-chair David Ferrell, who provided a brief overview of the action in the General Assembly regarding COVID-19. David outlined some of the key administrative law related provisions in the primary COVID-19 bill, S.L. 2020-3 (S 704), for which most of the provisions presently expire on August 1. He mentioned the following: health care changes, including some related to regulated professions, such as pharmacists and dentists; emergency video notarization (which is not the same as remote notarization, he said); emergency video witnessing; e-signatures for warrants; temporary loosening of witness/notary requirements for advance health care directives; rescheduling public hearings; authorization for the Chief ALJ to extend the time for filing contested case petitions; electronic meetings of public bodies; and regulatory flexibility for State agencies, including occupational licensing boards. David also discussed what people, including legislators, are saying about when they will return and what they will be doing when they return.

May 21, 2020/by Administrative

What in the World Happens Next? How Family Law Attorneys Should Plan Now for Alimony and Child Support Case Modifications

Family Law Section

By Tonya Graser Smith

The economic side effects of the coronavirus pandemic on divorced or soon-to-be-separated clients can’t be ignored. As family law attorneys, we know the flood is coming.

We see the tidal wave. We see the stress of family and work, the emotional imbalance, the inability to make decisions, the very quick accusations that one side or the other is acting crazy. We see our clients crumbling into tears with non-case related issues like trying to get their Instacart or Shipt groceries delivered on time and making sure their kids get on their Zoom classroom meetings.

May 21, 2020/by FamilyLaw

Why VPNs and Encryption Services Are Our Digital Masks and Gloves

Privacy and Data Security

By Jaren Butts and Nickeyea Wilkinson

Thanks to social distancing mandates, teleconference platforms have experienced a huge surge in site traffic as new users around the world participate in telehealth, telework, and many other teleservices that have now been transitioned online.[1] As virtual capabilities become more important to our daily lives than ever before, now is also the time to focus on the importance of our daily digital hygiene by gearing up with VPN and encryption services in the same way as we do with our masks and gloves.

May 20, 2020/by Security

COVID-19 Eviction Assistance Project – Help Those Who Are in Jeopardy of Losing the Most

Litigation Section

By Will Quick

Dear Litigation Section Members:

We know better than most how great a disruption the COVID-19 pandemic has caused to the legal system. Trials have been postponed indefinitely, motions are just starting to be heard remotely, and how we connect with, advise, and counsel our clients is so very different than it was just two months ago.

While we litigators want the courts to open up as soon as is safely possible, the reopening of the Courts carries a whole different significance for many North Carolinians. For many in our state, the reopening of the courts—particularly the Small Claims Court—represents the moment when they must face the reality of eviction proceedings stemming from an inability to pay residential rent due to the impact of COVID-19 on their personal financial situations.

May 20, 2020/by Litigation

Court Reopening Plans, Video Conferencing Rules, and Other COVID-19 Updates

Criminal Justice

By Kasi Robinson

Some time has passed since the initial flurry of court orders modifying deadlines, postponing in-person hearings, and setting guidelines for remote hearings. In an attempt to stay up to date with the latest orders and announcements from the state and federal courts within North Carolina as those courts begin to contemplate reopening, here is a compilation of the most recent items within each jurisdiction. A high-level summary is included below each order, but the specific language of each order should be carefully reviewed alongside any additional orders issued by a presiding judge in a particular case.

May 19, 2020/by CriminalJustice

Chief Justice Beasley’s COVID-19 Task Force and the Practice of Family Law

Family Law Section, Featured Posts

By Wade Harrison

These are tough times. We have been forced to deal with the uncertainty and disruption surrounding this public health threat. Some of us have lost a loved one without the opportunity to communicate with them or publicly celebrate their lives. We deal with our clients’ stress and the financial stress this has caused. The Chief Justice issued emergency orders necessary to protect our health and safety and that of our clients and court personnel. Our practices have slowed to a crawl, and we are nostalgic about interminable calendar calls because of a bat bite in China. What is next?

Chief Justice Beasley appointed a Task Force to recommend how and when she should ramp up operations in the North Carolina Judicial Branch during this pandemic. She appointed me to represent the family lawyers. Prior to accepting this job, I secured a pledge for assistance from the leadership of the Family Law Section and the North Carolina Chapter of the AAML. I need your help to represent you effectively. Here is how I am representing you and how the Task Force operates.

May 15, 2020/by FamilyLaw

In the Uncertain Times of COVID-19, the Bar can Provide a Source of Refuge for those with Questions – Volunteer Opportunities

Construction Law Section

By Brett M. Becker

During these uncertain times and the impacts of COVID-19, many people are left with questions and a lack of resources to find answers. The Construction Law Section has an opportunity to provide its knowledge and be a source for those with these needs.

The North Carolina Bar Foundation now has three COVID-19 Virtual Legal Hotlines scheduled, and we have been invited to participate in any or all of them:

COVID-19 Legal Hotlines:

Register here to volunteer for the May 21 Western N.C. event

Register here to volunteer for the May 29 Triangle Area event

Register here to volunteer for the June 12 Triad event

May 15, 2020/by Construction

Request from NCBA President-Elect Mark Holt

International Practice

The N.C. Supreme Court established the Chief Justice’s Rules Advisory Commission in September 2019 to monitor the N.C. Rules of Civil Procedure and General Rules of Practice. The Commission’s work currently focuses on recommendations for rule changes necessary for a statewide e-filing and case-management system, set to roll out over a five-year period beginning in 2021. NCBA President-Elect Mark Holt serves as one of the practicing attorneys on the Commission along with representatives of the Judicial Branch and at-large members.

The Commission is considering a relatively limited edit of Rules 3 and 5 of the Rules of Civil Procedure to allow filing and service through the electronic filing system. In a recent meeting, there was discussion of an additional potential edit of Rule 5 to allow service by email. Service by email has been authorized by Emergency Directive 6 of the Chief Justice’s April 2, 2020 order addressing the COVID-19 outbreak. The rule edit being considered by the Commission would extend authorization of service by email beyond the time period addressed by the Chief Justice’s order. Additionally, there was some discussion about the possibility of also eliminating service by facsimile.

May 13, 2020/by International Practice

Announcing the Winners of the NCBA YLD COVID-19 Wellness Challenge

Young Lawyers Division

From April 1 through May 3, the North Carolina Bar Association Young Lawyers Division at the direction of Lisa Arthur launched a wellness challenge to promote and celebrate the wellness initiatives of young lawyers across the state in the face of the COVID-19 stay-at-home orders. Each week, lawyers shared their wellness activities in a Strava club and encouraged their peers to do the same. To support wellness in the profession, the YLD agreed to award $75 gift cards to a small business of a young lawyer’s choosing. Today, we recognize the winners and the small businesses the winners support.

Week 1 Winner = Kimberly Hicks

May 13, 2020/by NCBA YLD