RISK MANAGEMENT ALERT
April 2020
CLARIFICATION: COVID-19 UPDATE – Chief Justice Issues Further Extension of Time for All Filing Deadlines and Other Acts in Civil, Criminal, Estates and Special Proceedings until June 1, 2020.
As circumstances continue to evolve in the COVID-19 public health threat, Chief Justice Cheri Beasley issued an emergency order on April 13, 2020, that “all pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 1 June 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 1 June 2020.” The order also grants a similar extension for “all other acts that were or are due to be done in any county . . . in civil actions, criminal actions, estates, and special proceedings.” order
 
WHAT DOES THIS MEAN FOR THE PRACTITIONER?

  1. Any complaint, answer, motion, notice of appeal, or other court filing that is due between March 16, 2020, and June 1, 2020, shall be deemed timely filed if filed before the close of business on June 1, 2020.
  2. Assuming that “other acts” include any deadlines for mediation, discovery, responding to subpoena, or the like, such acts will be deemed timely done if done before the close of business on June 1, 2020. 
  3. For now, courthouses remain open to accept filings for those who wish to file pleadings. 
  4. The extension does NOT apply to any documents and papers due to be filed or acts done in the appellate courts.
  5. If a statute of limitations or deadline would otherwise expire between March 16, 2020, and June 1, 2020, you MUST file or complete the act by the close of the day on June 1, 2020.
  6. This order has no effect on deadlines or statutes of limitations that are due to expire on or after June 1, 2020.
IMPORTANT NOTE

As a reminder, Lawyers Mutual employees are working remotely at this time. While we have procedures in place to distribute mail, we are unable to receive mail or parcels that require a signature.