Were you arrested and wondering if or when you will be charged? Did a police investigator interview you and you haven’t heard back? Or maybe you’re in the middle of another case which has been bumped from the court calendar with a “Pandemic Continuance” note.
COVID-19 has changed lives for many people and institutions. You and I are doing things differently, as are businesses and government. The court system is no exception to this. Governor Walz’s now 26 executive orders mean that the State of Minnesota is effectively operating under an executive order regime, and all laws and rules are set aside for the duration of this “peacetime emergency.” While the courts are their own co-equal branch of government, judiciary officials have largely mirrored executive direction since the first executive order on March 13.
COVID-19 means everyone is taking precautions and operating differently – that includes the MN Courts.
On March 20, 2020, Chief Justice Lori Gildea issued Order ADM20-8001, which stated, among other items, that no new jury trials would commence for a month, no new grand juries would be empaneled, courts would begin remote appearances in criminal matters, and courtrooms remain open only on a limited basis. All this means that many legal proceedings are up in the air. Judges are proceeding on existing cases through their own discretion. Some will be continuing cases, some will be moving ahead, and some will modify their existing procedures, such as proceeding on written motions alone. How the judge proceeds depends on the nature of the case itself.
If you are struggling to decide what to do if you are facing future legal problems, you should not wait until the pandemic has passed. Your case, and your rights, may well be gone by then. And, considering the number of litigants who will use the pandemic as an excuse to ignore their summons and beg for relief after judgment has already been rendered, you’ll be in a long, disfavored line of supplicants if you try the same tactic. This means you should read all documents sent to you by the court, and contact a licensed attorney for advice, and do not miss any court dates.
When you are a litigant in court, time is not on your side. And putting things off because you don’t have time to digest the complicated vagaries of court papers and requirements means you really put yourself in a legal hole. Whether you are at the beginning of this process, or whether you’ve already missed a couple of deadlines and find yourself in trouble with the court, reach out and contact us to see how we can help.