District of Delaware Anticipates Re-Opening Phase 2 as of September 15

Client Alert

The U.S. District Court for the District of Delaware modified its COVID-19 standing order today. The new order continued all civil and criminal jury selections and jury trials scheduled to begin before September 15, 2020. However, the Court intends to enter Phase 2 of the District’s Re-Opening Guidelines on September 15, 2020, assuming COVID-19 trends remain where they are as of today. Before officially entering Phase 2, the Court will consider the case count trend, the positivity rate, and the rate of new hospitalizations in the state and surrounding region. Upon entering Phase 2, the Court intends to begin conducting jury trials at the discretion of the presiding judge, but the Court anticipates conducting only one jury trial at a time and will prioritize criminal trials.

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