On May 11, 2021, the New Jersey Supreme Court issued an Order authorizing the resumption of in-person criminal jury trials and some in-person civil jury trials, effective on or after June 15, 2021. Criminal jury trials will be conducted in person and be given the highest priority. Most civil jury trials will continue to be conducted in a virtual format.
The in-person jury trials will still require social distancing and the wearing of facemasks except in limited circumstances when other health protections are in place. Up to 50% of judges and state court employees will be present in state court locations as of June 15, 2021.
The Court issued this Order based upon improved COVID-19 trends. Because not all people have been vaccinated, the resumption of certain in-person jury trials will remain at a limited capacity.
Jury selection will begin in a virtual format. Jurors will be informed that their service may continue virtually or may involve reporting in person to the courthouse with safety precautions.
As for civil cases, those that are especially urgent, including those that involve a plaintiff whose doctor has determined a limited life expectancy, will be prioritized for in-person trials. The Assignment Judges of each county may authorize additional in-person civil jury trials based on local resources, as long as those in-person civil jury trials do not reduce the Judiciary’s capacity to conduct other urgent court events, including in-person criminal trials involving detained defendants.
The bottom line is, that while in-person jury trials will be resuming in New Jersey, priority will be given to criminal trials first. Based upon the more than one year back log, it is unlikely that many civil jury trials will proceed in person before the beginning of next year. As for virtual trials, it is likely that the ones that will proceed will be those that are very simple, involving only one plaintiff and one defendant with no complex issues.
