Here is the text we could read:
ND NOW, this 1st day of April, 2020, pursuant to Rule of Judicial Administration
1952(A) and the Pennsylvania Supreme Court’s constitutionally-conferred general
supervisory and administrative authority over all courts and magisterial district judges,
see PA. CONST. art. V, §10(a), this Court DIRECTS that the general, statewide judicial
emergency declared in this Court’s Order of March 16, 2020, is EXTENDED through
April 30, 2020, and all Pennsylvania courts SHALL REMAIN generally CLOSED TO
THE PUBLIC through April 30, 2020, subject to the General and Specific Directives and
Exceptions set forth in this Court’s Order of March 18, 2020, as modified and
supplemented herein.
The Court further explains and DIRECTS as follows:
On March 16, 2020, in light of the spread of the COVID-19 virus, this Court
deemed it necessary to declare a general, statewide judicial emergency to enable the
Pennsylvania Judiciary to consider -- on a district-by-district basis -- the appropriate
measures to be taken to safeguard the health and safety of court personnel, court
users, and members of the public. Via separate Order, President Judges of the
ER CURIAM
A
SECOND SUPPLEMENTAL ORDER
IN THE SUPREME COURT OF PENNSYLVANIA
WESTERN DISTRICT
:
:
:
N RE: GENERAL STATEWIDE
JUDICIAL EMERGENCY
Nos. 531 and 532 Judicial
Administration Docket
I
P
intermediate appellate courts were afforded authority to implement emergency
measures as well.
On March 18, 2020, at the behest of Pennsylvania’s Secretary of Health, the
Court issued an order directing that all Pennsylvania courts are generally closed to the
public through at least April 3, 2020, subject to certain General and Specific Directives
and Exceptions designed, inter alia, to ensure the continuation of the courts’ essential
functions consistent with public health guidance provided by the executive branch. On
March 24, 2020, the Court issued a Supplemental Order expanding the non-exclusive
list of essential functions to include commencement of a civil action, by praecipe for a
writ of summons, for purposes of tolling a statute of limitations.
Yesterday afternoon, the Secretary of Health urged the Supreme Court to extend
the statewide closure of the courts, except for essential services, for a period of
approximately one additional month to further restrict the amount of person-to-person
contact and mitigate the spread of COVID-19.
Accordingly, the temporary, general closure of the Pennsylvania courts to the
public SHALL REMAIN IN PLACE through April 30, 2020, subject to the General and
Specific Directives and Exceptions set forth in the March 18 Order, subject to the
modifications and clarifications set forth below.
In addition, President Judges are AUTHORIZED to declare judicial emergencies
in their judicial districts through May 31, 2020, or for part of that period, should they
deem it appropriate based on local conditions for the protection of the health and safety
of court personnel, court users, and others. Such declarations, as well as all local
orders and directives, SHALL BE FILED with the Prothonotary for the Supreme Court in
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the Eastern, Western, or Middle District Office, as appropriate for the particular local
judicial district. For convenience, such materials may be transmitted via electronic mail
to: Irene.Bizzoso@pacourts.us.
Time Limitations and Deadlines
Unless otherwise indicated herein or in the March 18 Order, all time calculations
for purposes of time computation relevant to court cases or other judicial business, as
well as time deadlines, ARE NOW SUSPENDED through April 30, 2020, subject to
additional orders. This suspension SHALL OVERLAP with suspensions already
granted by any President Judge, and any longer suspensions directed by an appellate
or local court shall remain extant on their own terms. In all events, any legal papers or
pleadings which are required to be filed between March 19, 2020, and April 30, 2020,
SHALL BE DEEMED to have been timely filed if they are filed by May 1, 2020, or on a
later date as permitted by the appellate or local court in question.
Statutes of Limitations
This Court’s Order of March 24, 2020, expanding the list of essential functions of
courts to include acceptance of a praecipe for a writ of summons, for purposes of tolling
a statute of limitations, SHALL REMAIN IN FULL FORCE AND EFFECT through April
30, 2020. Additionally, if a court of original jurisdiction is closed to filings, the alternative
mechanism for filing of an emergency praecipe in the Superior Court shall remain in
place, as set forth in the March 24, 2020 Order.
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Children’s Fast Track Appeals
This Court’s “Order Regarding Alternative Filing Procedure for Children’s Fast
Track Appeals,” dated March 27, 2020, SHALL REMAIN IN FULL FORCE AND
EFFECT through at least April 30, 2020. This Order approved the Superior Court’s
provision for the filing of emergency filing of children’s fast track appeals upon a
certification that filing in the court of original jurisdiction is impractical due to the closure
of court facilities.
Advanced Communication Technology
The Court continues to specifically AUTHORIZE AND ENCOURAGE use of
advanced communication technology to conduct court proceedings, subject only to
constitutional limitations. Advanced communication technology includes, but is not
limited to: systems providing for two-way simultaneous communication of image and
sound; closed-circuit television; telephone and facsimile equipment; and electronic mail.
See Pa.R.J.A. No. 1952(A)(2)(e) & comment (citing Rule of Criminal Procedure 103 for
the definition of advanced communication technology).
Courts of Common Pleas
As previously prescribed, any in-person hearings pertaining to essential functions
SHALL BE HELD in courtrooms designated by the individual courts of common pleas to
minimize person-to-person contact.
Per the March 18 Order, unless otherwise required therein, any in-person pretrial
conference, case management conference, status conference, diversionary program,
discovery motions practice, motions practice or other hearing, whether civil or criminal,
were postponed until a future date to be set forth by the courts. The Court further
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directed that, to the extent that such matters could be handled through advanced
communication technology consistent with constitutional limitations, they may and
should proceed. The effect of these directives is now EXTENDED through April 30,
2020, unless a President Judge should direct otherwise upon sufficient notice.
The Court NOW CLARIFIES that it expects that non-essential matters can
continue to move forward, within the sound discretion of President Judges, so long as
judicial personnel, attorneys, and other individuals can and do act in conformity with
orders and guidance issued by the executive branch. Here again, the Court continues
to specifically AUTHORIZE AND ENCOURAGE use of advanced communication
technology, subject only to constitutional limitations.
Jurors SHALL NOT REPORT for jury duty through April 30, 2020.
Magisterial District Courts, Philadelphia Municipal Court, Philadelphia
Arraignment Court Magistrates and Pittsburgh Municipal Court,
Arraignment Division
All Magisterial District Courts, Philadelphia Municipal Court, Philadelphia
Arraignment Court and Pittsburgh Municipal Court, Arraignment Division, SHALL
REMAIN CLOSED TO THE PUBLIC, except for essential functions, and subject to the
additional Directives and Exceptions set forth in this Court’s March 18 Order, including
modifications to the regimen for the acceptance of payments
Guidance to Legal Professionals
Guidance has been provided by the executive branch explaining that members of
the legal profession “may continue physical operations . . . as required to allow
attorneys to participate in court functions deemed essential by a president judge per the
Pennsylvania Supreme Court's order of March 18, 2020, or similar federal court
directive, and lawyers may access their offices to effectuate such functions and
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directives.” MARCH 24, 2020 -- INDUSTRY OPERATION GUIDANCE, Uploaded by Governor
Tom Wolf, https://www.scribd.com/document/452553026/UPDATED-2-30pm-March-24-
2020-Industry-Operation-Guidance (last visited April 1, 2020).
Paragraph 13 of the Governor’s Frequently Asked Questions additionally advises
that businesses that are otherwise required to suspend in-person operations may “retain
essential personnel to process payroll and insurance claims, maintain security, and
engage in similar limited measures on an occasional basis,” subject to the caveat that
“telework (i.e. working from home) should be employed whenever possible, and social
distancing must be observed.”
https://www.scribd.com/document/452553495/UPDATED-7-30pm-March-31-2020-Life-
Sustaining-Business-FAQs (last visited April 1, 2020).
Dispossession of Property
Subject to further orders of this Court, the directives contained in the March 18
Order concerning
the dispossession of a
residence
-- under
the heading
"Landlord/Tenant" -- are hereby extended through April 30, 2020. It is noted, as a
clarification, that the intent of this provision is that, in view of the economic effects of the
COVID-19 pandemic, during this timeframe no officer, official, or other person employed
by the Pennsylvania Judiciary at any level shall effectuate an eviction, ejectment, or
other displacement from a residence based upon the failure to make a monetary
payment. Such payments include rent and loan payments, as referenced in the March
18 Order; they also include property tax payments. As such, this temporary prohibition
encompasses, inter alia, dispossessions predicated on a mortgage foreclosure, a failure
to pay rent, or a failure to pay property taxes. Finally, and again subject to further
orders, any execution on an order of possession is also stayed for the same period,
namely, through April 30, 2020.
[531 & 532 Judicial Administration Docket - 6]
Prompt Trials
Extending the prior directive from the March 18 Order, Rule of Criminal
Procedure 600(C) is hereby SUSPENDED in all judicial districts at least through April
30, 2020. The purport of this directive is that the time period of the statewide judicial
emergency and continuing through April 30, 2020, SHALL BE EXCLUDED from the
time calculation under Rule 600(C). Nothing in this Order, however, or its local
implementation, shall affect a criminal defendant’s right to a speedy trial under the
United States and Pennsylvania Constitutions – albeit that the circumstances giving rise
to this Order and the suspension may be relevant to the constitutional analysis.
his Court will continue to post on the Unified Judicial System website its Orders
concerning the operations of the Unified Judicial System during the COVID-19 situation.
T
A True Copy Patricia Nicola
As Of 04/01/2020
Attest: ___________________
Chief Clerk
Supreme Court of Pennsylvania
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