While I typically report on recent cases, I wanted to inform all clients that, as of March 12, 2020, Chief Justice Rabner announced that New Jersey state courts will suspend all new jury trials until further notice to help minimize community exposure to the coronavirus. Jury trials already in progress will continue.
As for nonjury trials, motions, and certain hearings, the courts are working on conducting all such proceedings remotely with only the judges and staff present.
Court vicinages are also taking steps to stagger schedules for landlord/tenant, small claims, and other non-jury court to avoid bringing together large numbers of people in confined areas.
The notice did not address arbitration hearings. Thus, it is not clear how those hearings will be handled. Bearing in mind that the threat of a trial often drives settlements, this stay of jury trials could impact the resolution of cases. Wearing my defense hat for the moment (and at the risk of sounding insensitive to this looming crisis – which is hard to determine if it is hype or real), potentially, it could be used to help negotiate settlements with plaintiff’s counsel who will now know that their case may not be tried any time soon. Whenever this stay is lifted, there will be a backlog of cases to be tried.
