The COVID-19 Pandemic and the judicial system’s response thereto has changed the way of civil litigation. Remote proceedings largely kept the judicial system running throughout the pandemic. These remote proceedings combined with permissible electronic signatures and widespread use of electronic filing has increased the efficiency of the judicial system. Although the technological changes and advances brought about by the pandemic are likely permanent, the COVID-19 precautions are, hopefully, temporary.

In Maryland, the Courts are fully operational and civil jury trials were permitted to resume as of April 26, 2021, subject to priority being given to criminal trials. However, the Court of Appeals has acknowledged that remote proceedings have proved to be effective and successful in carrying out the necessary functions of the Court. Accordingly, the Maryland Courts are authorized to continue to conduct remote proceedings, but it is within the discretion of the individual courts to determine whether to do so and under what circumstances. Chief Judge Barbera of the Court of Appeals has ordered that mask wearing is voluntary for vaccinated persons, but the individual courts may require additional health measures that are consistent with those adopted by the local jurisdiction.

For comparison purposes and ease of reference, the following summarizes current COVID-19 court operations for the major counties in Maryland:

Anne Arundel County
• Masks are required for all non-vaccinated persons.
• With the exception of scheduling conferences and pretrial conferences, all matters will be heard in-person.
• The Court will use a centralized jury selection process. Designated jury selection judges will administered standardized voir dire and select jurors. The jury will then be sent to a trial judge.

Baltimore City
• All persons, vaccinated or not, are required to wear masks.
• During the pandemic, Baltimore City permitted virtual email filing and filing via a physical dropbox, but this has now been rescinded. [Baltimore is one of only three counties in Maryland that does not permit electronic filing.]

Baltimore County
• Masks are required for all non-vaccinated persons.
• With the exception of civil settlement conferences, all matters will be heard in-person.
• Jury selection will be conducted off-site at the American Legion.

Montgomery County
• Masks are required for all non-vaccinated persons.
• All civil motions and pretrial hearings (except for complex matters) will continue to be remote unless otherwise instructed.
• The “To Be Assigned” docket will resume on June 28, 2021, which means that cases assigned to the TBA docket are expected to report to the Assignment Office on the trial date with the expectation that a Judge will be available. If no Judge is available, the case will be postponed.
• With respect to pre-trial motions, the Court expects counsel to arrange for pending motions to be heard in advance of trial, and not on the morning of, to avoid jurors waiting for the parties to argue motions.

Prince George’s County
• All persons, vaccinated or not, are required to wear masks.
• All non-jury matters will proceed remotely.
• Jury selection will be conducted via Zoom.

In the District of Columbia, beginning on July 12, 2021, the clerks’ offices will open to the public. All persons, vaccinated or not, are required to wear masks. Remote proceedings will continue to be utilized whenever possible. However, the Court has indicated that it is now in a position to schedule in-person jury and non-jury trials. As a convenience to the parties, the Judge will schedule trial during a hearing with all parties present or upon written notice 60 days prior to any jury trial. Jury selection will be conducted in-person in the Courthouse.

In Virginia, the chief judges and presiding judges of the individual courts have been given the discretion to determine how to safely operate their respective courts. With respect to jury trials, however, each court is required to submit a plan for resuming jury trials which must be approved by a panel of three Justices. These plans are very detailed and include physical descriptions of the courthouses, courtrooms to be used, the modifications made to the courtrooms (plexiglass, distancing, etc.), protective equipment required, COVID-19 related voir dire questions, etc. Additionally, the Supreme Court of Virginia has extended its Order authorizing use of electronic signatures.

The following summarizes court operations and approved plans for jury trials in Northern Virginia cities/counties:

City of Alexandria
• All persons are required to wear masks.
• All circuit court motions hearings will continue to be heard remotely.
• The court is no longer accepting emailed documents for filing. Judges’ chambers’ email has been deactivated and hand-delivery of courtesy copies of filings to chambers is permitted.
• On February 25, 2021, the revised plan to resume jury trials was approved.
• The plan provides states that it is not feasible for the court to begin more than one jury trial on a single day. Two out of the four courtrooms will be utilized and the start dates will be staggered.
• Criminal trials are given priority.
• The trial judge will meet with counsel one week prior to a scheduled jury trial to address procedural issues or other matters regarding the conduct of trial to avoid delay of the trial.

Arlington County
• On October 22, 2020, Arlington County’s plan to resume jury trials was approved.
• All persons are required to wear masks.
• Criminal trials are given priority.
• The plan permits two jury trials at any given time.
• The Court no longer accepts filings via email.

Fairfax County
• On September 17, 2020, Fairfax County’s plan to resume jury trials was approved. An amended plan was filed on June 1, 2021, increasing the number of trials permitted at a time.
• Masks are required for all non-vaccinated persons.
• Effective July 1, 2021, all civil trials and civil motions set Monday through Thursday in circuit court will be conducted in person. Friday civil motion dockets will continue as virtual hearings.

Loudoun County
• On October 15, 2020, Loudoun County’s plan to resume jury trials was approved.
• All persons are required to wear masks.
• Criminal trials are given priority.
• The plan permits two jury trials at any given time, initially, with a third to be added once the Court is operational.
• All hearings shall be remote hearings absent leave of court for good cause shown.

If you have business in any of the courts in Maryland, Virginia, or the District of Columbia and would like additional information, please contact one of attorneys for additional information.