COVID-19 and the Courts

The new order supersedes the Court’s previous order regarding COVID-19 dated April 17, 2020, which placed statewide restrictions on in-person proceedings, and will remain in effect until rescinded or amended by the Court.

This order is applicable to all appellate and circuit courts, including associate, family, juvenile treatment, municipal, and probate divisions. Under this order, court activity in these courts shall be limited and restricted pursuant to certain Operational Directives (discussed below).

Under the order, courts and judges are still encouraged to utilize available conferencing technology to conduct court activities remotely and limit in-person proceedings. To that end, any local, criminal, or civil rules that would impede the ability to utilize such technologies remain suspended. Additionally, judges presiding over civil matters may exercise discretion to waive, for good cause shown, any filing deadlines not set by a statutory or constitutional provision. Lastly, access to court buildings is still prohibited for individuals who have been exposed to or are exhibiting symptoms of COVID-19.

Per the order, all courts will continue operating under their current conditions (which the Court refers to as “Operating Phase Zero”). From there, the presiding judge of each court will determine, in light of certain criteria (the “Gateway Criteria”), that improvements in local conditions warrant moving to a less restricted operational phase—or reverting back to a more restricted operational phase.

Operating Phase Zero is the most restricted phase, and the Court has established three (3) less restricted operating phases (“Operational Phase 1-3”).

1. No confirmed COVID-19 cases in the court facility within a 14-day period.
2. Rescission or lack of stay-at-home orders or relaxing of group gathering restrictions.
3. Improving COVID-19 health conditions over a 14-day period in the community, including conditions such as the number of confirmed cases, related deaths in relation to population density, size of particularly vulnerable populations, and availability of medical facilities including emergency and intensive care capacity.
4. Consultation with local health officials concerning changes to levels of court activities.
5. Consultation with local judiciary partners such as children’s division personnel, juvenile officers, members of the local bar, prosecutors and public defenders, law enforcement, probation and parole.

If the Gateway Criteria suggest local conditions are improving sufficiently, the presiding judge “may” move to a higher operating phase. If conditions are worsening, or there is a resurgence of COVID-19 cases, the judge “should” move to a lower operating phase, including, if necessary, a return to Operating Phase Zero.

Any movement to a higher or lower operating phase should be accompanied by policies protecting litigants, witnesses, victims, judicial employees, attorneys, and others involved in judicial proceedings through social distancing, occupancy rate restrictions, building access restrictions for COVID-19 exposed persons, use of face coverings, heightened sanitation, sick employees staying home, liberal work-from-home policies, and preparation for the resurgence of COVID-19 cases.

In each operating phase, the courts should continue to rely on local health officials, CDC guidance, and consult with local judiciary partners, and reexamine and update local orders and notices as appropriate.

Additionally, the maximum number of applications for this exam will be 760. If the July exam must proceed with more limited numbers, applicants will be approved for testing according to the order in which applications were received. If the July exam cannot proceed in July, the exam will be administered September 9-10.

Per the Court’s order, applicants may postpone their taking of the exam and forward those application fees already paid to the February 2021 exam. Postponement fees will also be waived. To qualify, applicants must notify the Missouri Board of Law examiners in writing on or before June 15, 2020 of their intent to postpone taking the exam. Lastly, active law student certifications will now remain in effect until announcement of the results of the February 2021 bar exam.

See the Court’s full order here.

The Court’s new order continues the suspension of all in-person proceedings in all appellate and circuit courts, including:

• associate
• family
• juvenile
• municipal
• probate divisions
• grand jury proceedings

Proceedings which do not require in-person appearances of parties or counsel may continue via use of telephone or video technology if not prohibited by statutory or constitutional restrictions. Even these proceedings, however, may be suspended at the discretion of the judge in the matter.

Exceptions to the suspension of in-person proceedings:

• (1) protection of constitutional rights of criminal defendants;
• (2) juvenile delinquency and abuse, neglect, and termination of parental rights;
• (3) adoption;
• (4) civil or criminal jury trials already in progress as of March 16, 2020;
• (5) orders of protection;
• (6) emergency child custody orders;
• (7) petitions for temporary restraining orders or other forms of temporary injunctive relief;
• (8) emergency mental health orders;
• (9) emergency guardianship or conservatorship;
• (10) oral arguments regarding time-sensitive matters;
• (11) matters directly related to the COVID-19 public health emergency; and
• (12) other exceptions approved by the Chief Justice of the Court.

For these excepted proceedings, the Court encourages judges to utilize available technologies and limit in-person proceedings to the extent not prohibited by the constitution or statute. Each local court may determine how it handles these exceptions, including whether to excuse jurors or other individuals that should not appear as a result of risks associated with COVID-19.

Additionally, presiding judges may waive filing deadlines or time limitations set through Missouri’s e-filing system, court order, local rule, or Supreme Court Rules 41 through 81 (but not those set by statute or constitutional provision).

Per the order, each circuit court shall remain accessible to carry out essential constitutional functions and time-sensitive proceedings. Should it become necessary to close any courthouse, notice will be disseminated to the local media, posted on the courthouse doors, and the court will remain accessible by phone, email and regular mail during business hours.

To facilitate the Court’s directive to utilize teleconferencing, video conferencing, and other available technology, on April 17, 2020, the Court also entered an order suspending any Supreme Court or local rule that can be interpreted to require the personal appearance of a defendant at a criminal or ordinance violation hearing or proceeding. This order does not apply to constitutional or statutory provisions. (See: Order dated April 17, 2020, re: Supreme Court Criminal Rules Requiring the Defendant’s Personal Appearance During the COVID-19 Pandemic).

Oral arguments scheduled for April and May 2020 will be held remotely unless the parties request their case be submitted on briefs, except for cases already rescheduled for a later date. Tours, meetings and nonessential business are also canceled or postponed for the foreseeable future.

At least through May 15, 2020, the Supreme Court building will be open for essential business, but visitors are prohibited from entering the building if they have traveled to any foreign country within the last 14 days, had close contact with such persons, display COVID-19 symptoms, or had contact with those diagnosed with COVID-19.

These regulations alter the reporting requirements for CLE credits in light of the COVID-19 pandemic. The reporting year for 2019-2020 will now be July 1, 2019 to September 30, 2020, and any extra credit hours earned during this period may be carried over pursuant to Regulation 15.05.5. The reporting deadline for the 2019-2020 reporting year is extended until October 31, 2020.

On April 6, 2020, the Court adopted new regulations, which extend the reporting year and deadline for municipal judge’s continuing education. Extra credit hours may be carried over as prescribed in Regulation 18.06(d), and those failing to meet these requirements shall be subject to the procedures in Rule 18.06(b).

Though the Court will remain open and operational, this order suspends in-person proceedings, hearings and conferences to be held in court buildings in St. Louis County, but it adopts the exceptions enumerated in the Supreme Court’s order of April 17, 2020 (discussed above), plus it further specifies exceptions for:

• (1) Initial Appearance hearings in criminal matters;
• (2) mandatory bond hearings;
• (3) protective custody hearings under Chapter 211;
• (4) detention hearings under Chapter 211;
• (5) emergency medical neglect hearings;
• (6) Ninety-Six (96) Hour Detention, Evaluation and Treatment/Evaluation (Hold); and
• (7) Any other hearing necessary to protect the constitutional rights of criminal defendants and juveniles

Judge Burton’s order, however, states that even in-person proceedings for these exceptions shall be held in:

“limited and extreme circumstances only and based on a determination that alternative methods for conducting said hearings cannot occur.” Otherwise, “[a]ll proceedings…shall be conducted by telephone, Polycom, videoconferencing, Zoom, or any other method that does not require the physical presence of persons in court buildings.”

This order further restricts entrance to the court building, largely limiting access to Judges, employees, contractors and delivery persons who have permission to enter, and those specifically identified by Judicial Officers as necessary for an in-person proceeding.

However, this order permits access to the court building to persons petitioning the Probate Court for a Ninety-Six (96) Hour Detention, Evaluation and Treatment/Evaluation (Hold) for the limited purpose of obtaining an application for the same.

In all criminal cases where the defendant is in detention, said defendant is not to be personally transported to or brought into court for any hearing. All hearings regarding such defendants shall be conducted via videoconferencing, including initial appearance and arraignments.

This order further suspends impaneling all jurors for the weeks of April 6, 2020 through Friday, May 15, 2020 and continues all jury trials scheduled during those weeks, which will be scheduled for a later date.

Critically, this order constitutes notice that:

“all hearings and conferences that are not expressly listed above are continued until further notice or order of the Court, unless the judicial officer assigned to a particular case specifically notifies attorneys and parties that the hearing or conference will proceed, in compliance with the requirements of this administrative order.”

This order applies to all municipal courts in St. Louis County and encourages municipal courts to take action consistent with the order and CDC guidelines.

The desire of counsel, or a party or interested person, to appear in person is not alone sufficient grounds to quash a deposition notice or refuse to provide availability for a witness to be deposed. A motion to quash shall not stay the deposition, unless the parties procure a hearing date prior to the deposition.

Despite COVID-19 safety measures, there are several ways to file for court protection from an abuser:

• (1) Come to the courthouse and file an order for protection in the adult abuse office,
• (2) file for an order of protection online by clicking here, or
• (3) file at any local law enforcement department or any precinct of the St. Louis County Police Department.

All in-person hearings for orders of protection scheduled for the weeks of April 6 and April 13 have been postponed and continued. All existing temporary orders of protection have been extended and will remain in effect until a judge can hear them. New hearing dates are being mailed out by the Court, or you can find the new hearing date here.

Starting April 20, 2020, anyone with a domestic violence case in St. Louis County Circuit Court may attend their hearing in person or by video conference via the free Zoom App (if choosing to appear remotely, you must submit additional information to the Court at least three days prior to the hearing; you may do so by clicking here).

This order extends the Court’s previous COVID-19 orders (entered on March 17, March 20 and March 24, 2020)  through May 17, 2020. All the terms in those orders, and as summarized below, remain in full force and effect until that date.

In addition, each judge will set procedures in his or her division to comply with the Supreme Court’s order. Click here for a list of judges and the COVID-19 procedures for their respective courtrooms.

**Presumably, the extension of this order also extends the suspension on impaneling jurors through the week of May 11, and all jury trials scheduled during those weeks will be continued and rescheduled. The Court’s previous March 24, 2020 order provided that jury trials scheduled through the week of April 20 would be continued and rescheduled.

Moreover, any deposition may be noticed to proceed remotely. Such notice shall advise of the location of both the witness and court reporter, and advise all counsel of the ability to participate remotely. The witness may be sworn in remotely. Again, a desire to appear in person is not alone sufficient grounds to quash a deposition notice or refuse to provide availability for a witness to be deposed. A motion to quash shall not stay the deposition, unless the parties procure a hearing date prior to the deposition.

The order further prohibits access to individuals who:

• have traveled abroad in the last 14 days,
• had close contact with someone who has traveled abroad in the last 14 days,
• or have had symptoms, diagnoses or contacts associated with COVID-19.

The order adopts the in-person proceeding exceptions enumerated in the Supreme Court’s order. It states, however, that proceedings for these exceptions shall be held in “limited and extreme circumstances only and based on a determination that alternative methods for conducting said hearings cannot occur.”

Critically, this order constitutes notice that “all hearings and conferences that are not expressly listed above are continued until further notice or order of the Court, unless the judicial officer assigned to a particular case specifically notifies attorneys and parties that the hearing or conference will proceed, in compliance with the requirements of this administrative order.”

This order authorized the Court Administrator and Assistant Court Administrator to suspend programming operated by the Family Court consistent with this order, other Administrative Orders, and CDC Guidelines. Likewise, this order applies to municipal courts within the City of St. Louis.

Pursuant to the Court’s prior administrative order,  all jury trials remain postponed through April 10, 2020.

The order states that:

• (1) service of process shall not be prepared by the Circuit Clerk nor served by the Sheriff on all civil matters not excepted from the Order and for good cause;
• (2) service of process by the Sheriff on all subpoenas in criminal cases is suspended except for good cause;
• (3) all extraditions by this Circuit are suspended, unless otherwise ordered by the Presiding Judge or his designee;
• (4) all warrants for failure to appear will continue to be handled by the normal process established in Division 16-B;
• (5) the Circuit Clerk must delay issuing writs of restitution, attachment, execution and replevin (including writs for evictions), and the Department of Civil Process is directed to refrain from executing any such pending writs; and
• (6) all evictions in the 22^nd Circuit are suspended by operation of the Order, but tenants holding property after the entry of a judgment of unlawful detainer may continue possession only if they make payment of timely rent.

The Order does not supplant or negate procedures established by RSMo Sections 221.040 or 221.130.

Additionally, the Circuit Clerk shall mail requests for summons in misdemeanor and traffic cases to defendants’ address of record, instead of being given to the Sheriff for personal service.

The order permits initiation of a presentence report before the entry of a guilty plea or establishment of guilt if:

• (1) the parties have finalized a plea agreement;
• (2) the parties jointly move for a pre-plea presentence investigation and consolidated plea and sentencing hearing (locate the template for the joint motion here—then navigate to form MOED-0066); and
• (3) the Defendant consents to participation in the pre-plea investigation and consents to disclosure of the Presentence Investigation Report to the Court.

The proposed plea agreement must also be provided to the U.S. Probation Office. Click here for the Court’s full order, including pre-plea investigation and consolidated guilty plea and sentencing process deadlines.

• (1) Detention hearings,
• (2) initial appearances,
• (3) preliminary hearings,
• (4) waivers of indictment,
• (5) arraignments,
• (6) probation and supervised release revocation proceedings,
• (7) pretrial release revocation proceedings,
• (8) appearances under Rule 40 of the Federal Rules of Criminal Procedure,
• (9) misdemeanor pleas and sentencings under Rule 43(b)(2); and
• (10) Proceedings under the Federal Juvenile Delinquency Act, except for contested transfer hearings and juvenile delinquency adjudication or trials. Additionally, video teleconferencing is permitted for felony pleas under Rule 32 and felony sentencings under Rule 32.

Pursuant to the CARES Act, if a judge utilizes remote technology for any of the above, he or she must find for specific reasons that the plea or sentencing could not be further delayed without serious harm to the interests of justice. Moreover, the judge must attain consent of the defendant, or the juvenile, after consultation with counsel. The judge may also utilize remote means for participation of defense counsel to facilitate consent of the defendant. 

Persons may proceed beyond the lobby for scheduled in-person cases or by specific authorization from a judge or building agency head; and only if they meet health and safety guidelines, including:

• displaying no symptoms of COVID-19,
• no contact with COVID-19 positive persons in the last 14 days,
• and no travel in the last 14 days.

“All proceedings shall be conducted by means other than in-person meetings wherever possible by law and as directed by the presiding judge in the proceeding. Any proceeding not deemed essential by the presiding judge in the proceeding that does require in-person meeting will be continued until further notice by the presiding judge.”

Speedy Trial Act Waived

Additionally, the Speedy Trial Act is waived.  For the limited in-person proceedings that are continuing, videoconferencing solutions will be available—for questions regarding how individual judges are managing their cases, contact the case managers for the judge, listed on the judge’s webpages found here. 

Importantly, while the deadlines for filing a Tax Court petition or for filing claims or complaints for credit or refund of any tax may be postponed, Notice 2020-23 provides no additional relief for other existing court or administrative deadlines, such as deadlines for filing or serving motions and briefs, exchanging discovery, or responding to information document requests. Thus, taxpayers should treat existing court and audit deadlines as unchanged in the absence of separate court orders or additional IRS guidance.

• has closed its building,
• will not accept or process mail (mail will be held until the Court reopens), and
• has canceled all trial sessions throughout the U.S. through July 3, 2020.

Due to the closure, petitions and other documents may not be hand delivered to the Court. However, on March 18 and 23, 2020, the Court stated that its online eAccess and eFiling systems remain operational. Taxpayers may still comply with statutory deadlines for filing petitions or notices of appeal by timely mailing said filings to the Court. Timeliness is determined by the USPS’s postmark or delivery certificate of other private delivery services. If any mail is returned as undeliverable, resend the document (together with the original postmarked envelope) to the Court as soon as possible after the Court announces it has resumed receiving mail.

On April 9, 2020, the IRS issued guidance (Notice 2020-23) that extends the deadline to file a Tax Court petition and notice of appeal. If the statutory deadline for filing a petition or notice of appeal falls on or after April 1, 2020 and before July 15, 2020, the deadline is now July 15, 2020.

In the various press releases announcing the trial session cancellations, the Court stated that it “expects that the parties will continue to work together to exchange information and resolve pending issues” and that unresolved cases will be scheduled for trial at a later date (the Tax Court does not hold trial sessions in July and August).

Click the following for a full listing of trial sessions for the 2020 Winter Trial Session and the 2020 Spring Trial Session (now canceled).