COVID-19, aka the coronavirus, is spreading across the globe with countries taking stronger and stronger stances on controlling it. One of the best recommendations is for people not to go to crowded locations. That is difficult when you have a court date you must attend, be it for jury duty, a criminal, motor vehicle violation, or civil matter. Traditionally courts require you to physically be in the court room to be heard or be a juror. So what can you do?
If you have to go to court as a party to a legal matter, there are ways to reduce your exposure in the sea of litigants at court. We first look at if you are at court for a criminal, motor vehicle, small claims or similar matter where there will be a lot of other people at court at the same time as you. Get to the court as early as you can. The courthouse usually opens at 9 am but time vary. Check the court’s website for its hours. Arriving at court early gets you there before most of the people on the court docket arrive. Those parties that work out a settlement of their court issues early in the morning get called on the docket (able to present yourself to the Judge) quickly. This will get you out of the court in the shortest time. Alternatively, if you need to argue your case, especially in Small Claims, you can ask for an afternoon time to return that day, if available. The courthouse is usually much emptier in the afternoon.
For civil matters, such as an automobile, motorcycle, or truck accident, slip and fall, or dog bite case, if you can come to an agreement with the opponent in your case you can also avoid going to court altogether. If you can work out an agreement altogether and arrange payment, if needed, civil matters can be resolved without having to show at court. Make sure you do the agreement in writing properly before you withdraw the matter. An attorney can best help you with this.
To start a civil case you can avoid going to court to get the court forms for commencing most actions at the State judicial court website: https://www.jud.ct.gov/webforms/. You can fill these forms in from the safety of your home computer and avoid entering into the courthouse for this early stage of your case. The court also has many publications on how the court handles these forms and your matter. These can be found at: https://www.jud.ct.gov/pub.htm.
Submitting these court forms no longer involves having to come to court either to file the forms with the court. Self-represented parties can now enroll in the Judicial E-Service program to submit court forms online. For more information go to https://www.jud.ct.gov/external/super/E-Services/efile/default.htm and for a PDF publication on how E-Services work look to: http://www.jud.ct.gov/external/super/E-Services/e-standards.pdf.
For family matters, if you have reached a temporary agreement on any pending motions you can do so without coming to court. This will work for when you seek temporary orders on Support, Custody, Alimony, Visitation, or even Exclusive Use of the Marital Home early in your divorce action. Fill in and submit Connecticut Court form JD-FM-263 to the court along with any required submissions. If approved by the court the agreement will enter as an order of the court without the parties needing to go to court. The form is available on the court’s website.
Know that you do not have to go to court to respond to a Summons and Complaint or to file a Motion with the Court. These can all be either filed online or by fax or mail for certain self-represented parties. If you need to go to the Clerk’s Office to file any paperwork the courthouse is usually quieter and less crowded in the late afternoon. Using this method can reduce your exposure to the coronavirus while using the court.
Timing on a lawsuit is very important. Start too late and someone else can beat you to the assets of the person you are suing. Starting too soon and you can end up in a long court battle that could have been resolved through negotiations of the parties. Fortunately there is not always an immediacy to the deadline to bringing a court action. If you know the applicable statute of limitation to your case you can know if you have plenty of time to begin your lawsuit. You may want to wait out the coronavirus. That way you will not need to go to court until later when the pandemic is better controlled. A statute of limitation is a period of limitation for the bringing of certain kinds of legal actions. Most statute of limitations require the matter be filed with the court prior to the set date for the statute of limitation.
Connecticut has varying statutes of limitations that create an end date on which you can sue for damages for a claim of wrongdoing. Most of these statutes can be found in Chapter 926 of the Connecticut General Statutes. Dependent on the fact pattern behind your lawsuit the time you have to start your action may vary. For example for an oral contract you have three years according to Connecticut General Statutes Section 52-581. Written contracts are extended to six years after the right of action accrues according to Connecticut General Statutes Section 52-576(a). Exceptions and many variables may apply to these statute of limitations. Retaining an experienced attorney to handle your matter is best or you can find you are stopped before you begin your lawsuit due to failing to meet the statute of limitations.
If you have a Probate Court matter you can avoid stopping at court to get your forms by going online at http://www.ctprobate.gov/Pages/Probate-Court-Forms.aspx for your Probate Court forms. You will find all the forms you need to start and handle your petitions for Estate Administration, Conservator, Guardianship, Paternity Claims, Terminating Parental Rights, Adoption, Name Change, and much more.
While most of the State Judicial, Probate, and Criminal forms are available for the public online it is highly recommended that you seek out and retain an experienced attorney for help in handling the forms and taking you through the court process. Filling in a court form the wrong way can be costly then the cost of an attorney up front.
If you are summoned as a juror check your notice carefully. There are legitimate reasons for being excused from jury duty in Connecticut State Courts. Some of these disqualifications directly impact those most at risk to the coronavirus worst complications. If you are 70 years of age you can choose not to serve. Anyone under 18 years cannot serve. Anyone summoned who does not work outside the home and does not have childcare that requests to serve another date within ten months of your original summoned date can have their jury service postponed to that date by right.
If you are in a higher risk category for serious illness from the coronavirus but don’t fit the above stated excuses from Jury duty in Connecticut State Court you can request a postponement of your jury service date for up to ten months of your original date. This could take you out of the coronavirus risk period. You can request the postponement at this link: https://www.jud2.ct.gov/JuryWeb/JurorLogin.aspx?m=post using your jury summons information.
To use these, or any other reasons for excusing or postponing your jury duty, always be sure to respond to the summons quickly. Never ignore the jury summons. You can go online to file your excuse or request for postponement of jury service. Do so by contacting the Jury Administration for the State court at: https://www.jud.ct.gov/jury/answer.htm.
Federal Jury service has similar excuses from jury duty. Connecticut’s Federal Court matters are handled by the United States District Court for the District of Connecticut with courts in Bridgeport, New Haven, and Hartford. Federal Court Jury Service excuses are anyone under 18 years or over 75 years. The childcare excuse from State Court is also in Federal Court limited to persons having active care and custody of a child or children under 13 years of age whose health and/or safety would be jeopardized by the individual’s absence for jury service, or a person who is essential to the care of an aged or infirm relative.
There are many other excuses and exemptions from serving on a jury not related to the coronavirus issue. For Connecticut State Courts you can check the court’s website for more information at: https://www.jud.ct.gov/jury/. For Federal jury service click this link: http://www.ctd.uscourts.gov/jury-info.
Any of the above mentioned information is subject to change and may not directly relate to your situation. For the latest information check with the court.
As the coronavirus continues to spread across our region the local courts may also establish temporary revised rules to protect its users. Many events and places across the country that involve large gatherings of people have suspended the public’s participation until the coronavirus problem is controlled. Washington State Federal courts already suspended all civil and criminal matters requiring an in-court appearance. Many concerts across the nation have been cancelled with sports games being played without fans. Avoid going anywhere that is crowded.
If were quarantined, and can not get to court for your court date as a result, contact the court clerk’s office directly prior to your court date and explain your situation. Contact numbers for the courts can e found online at the court’s wesite.
If you do have to be in situations where you are at risk of contact with anyone carrying the coronavirus, or any other flu or cold virus, take proper precautions. The Center for Disease Control and Prevention and the World Health Organization have posted advice for the public on preventing the coronavirus. Wash your hands frequently using soap and water for at least 20 seconds. Clean and disinfect frequently touched objects and surfaces using a regular household cleaning spray or wipe. Maintain social distancing of at least three feet between yourself and anyone who is coughing or sneezing. Avoid touching your eyes, nose or mouth. If you have to cough or sneeze cover your mouth or nose with your bent elbow or a tissue. Dispose of the tissue as cleanly as possible. Stay home if you are sick. If you have fever, cough and difficulty breathing seek medical care early.
For more information on preventing the spread of the coronavirus you can go to the websites for the Center for Disease Control and Prevention and the World Health Organization.
If you know of someone who was quarantined do not pay that person a visit. Especially if they just returned from a trip to an area where the coronavirus is prevalent. Avoid shaking hands and kissing people when meeting. Limit your exposure by preparing ahead your shopping needs and reducing your shopping trips. Work from home when you can.
The best way to prevent the spread of the coronavirus is to act smart and stay informed. Stay safe out there.
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The information contained in the article and the linked pages is not to be construed as legal advice. Legal advice should not be given over the internet. The law and its interpretation varies from jurisdiction to jurisdiction and from case to case. Depending on your individual fact pattern your results may vary. Proper legal advice can only be obtained from an attorney licensed to practice in your jurisdiction who is competent in the specialized area of the law, and with whom you consult and hire via a written retainer agreement, and who then assumes the obligation to protect your rights and explain your responsibilities. It is not intended that this office will have any duty of any kind to a person who utilizes the information provided above or contacts the office in the absence of a formal written attorney-client relationship.
The links and information in the article are current at the time of publication. Links and legal information are subject to change. Always be sure you the information you rely on is current. If the forms link have changed you can Google the relevant court’s Forms for the current page.