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First Emergency Order Regarding the Covid-19 State of Disaster, 596 S.W.3d 265
Supreme Court of Texas
March 13, 2020, Decided
Misc. Docket No. 20-9042
596 S.W.3d 265 * | 2020 Tex. LEXIS 234 ** | 2020 WL 1239711
FIRST EMERGENCY ORDER REGARDING THE COVID-19 STATE OF DISASTER
Subsequent History: Related proceeding at First Emergency Order Regarding the Covid-19 State of Disaster, 2020 Tex. Crim. App. LEXIS 235 (Tex. Crim. App., Mar. 13, 2020)
Related proceeding at In re Second Emergency Order regarding COVID-19 State of Disaster, 2020 Tex. LEXIS 248 (Tex., Mar. 17, 2020)
Related proceeding at In re Fourth Emergency Order regarding COVID-19 State of Disaster, 2020 Tex. LEXIS 249 (Tex., Mar. 19, 2020)
Related proceeding at Third Emergency Order Regarding the Covid-19 State of Disaster, 2020 Tex. Crim. App. LEXIS 236 (Tex. Crim. App., Mar. 19, 2020)
Related proceeding at In re Third Emergency Order Regarding the Covid-19 State of Disaster, 2020 Tex. LEXIS 251 (Tex., Mar. 19, 2020)
Related proceeding at In re Fifth Emergency Order Regarding The COVID-19 State of Disaster, 2020 Tex. LEXIS 250 (Tex., Mar. 20, 2020)
Related proceeding at In re Eighth Emergency Order, 2020 Tex. LEXIS 390 (Tex., Apr. 1, 2020)
Related proceeding at Ninth Emergency Order Regarding the COVID-19 State of Disaster, 2020 Tex. LEXIS 370 (Tex., Apr. 6, 2020)
Related proceeding at Tenth Emergency Order, 2020 Tex. LEXIS 392 (Tex., Apr. 9, 2020)
disaster, videoconferencing, teleconferencing, juror—to, remotely, lifted, sworn
Judges: [**1] Nathan L. Hecht, Chief Justice, Paul W. Green, Justice, Eva M. Guzman, Justice, Debra H. Lehrmann, Justice, Jeffrey S. Boyd, Justice, John P. Devine, Justice, James D. Blacklock, Justice, J. Brett Busby, Justice, Jane N. Bland, Justice, Sharon Keller, Presiding Judge, Michael Keasler, Judge, Barbara P. Hervey, Judge, Bert Richardson, Judge, Kevin P. Yeary, Judge, David Newell, Judge, Mary Lou Keel, Judge, Scott Walker, Judge, Michelle M. Slaughter, Judge.
[*265] ORDERED that:
1. Governor Abbott has declared a state of disaster in all 254 counties in the State of Texas in response to the imminent threat of the COVID-19 pandemic. This order is issued pursuant to Section 22.0035(b) of the Texas Government Code.
2. Subject only to constitutional limitations, all courts in Texas may in any case, civil or criminal—and must to avoid risk to court staff, parties, attorneys, jurors, and the public—without a participant’s consent:
a. Modify or suspend any and all deadlines and procedures, whether prescribed by statute, rule, or order, for a stated period ending no later than 30 days after the Governor’s state of disaster has been lifted;
b. Allow or require anyone involved in any hearing, deposition, or other proceeding of any kind—including but not [**2] limited to a party, attorney, witness, or court reporter, but not including a juror—to participate remotely, such as by teleconferencing, videoconferencing, or other means;
c. Consider as evidence sworn statements made out of court or sworn testimony given remotely, out of court, such as by teleconferencing, videoconferencing, or other means;
d. Conduct proceedings away from the court’s usual location, but in the county of venue, and only with reasonable notice and access to the participants and the public;
e. Require every participant in a proceeding to alert the court if the participant has, or knows of another participant who has, COVID-19 or flu-like symptoms, or a fever, cough or sneezing;
f. Take any other reasonable action to avoid exposing court proceedings to the threat of COVID-19.
3. All courts in Texas may extend the statute of limitations in any civil case for a stated period ending no later than 30 days after the Governor’s state of disaster has been lifted.
4. This Order is effective as of March 13, 2020, and expires May 8, 2020, unless extended by the Chief Justice of the Supreme Court.
5. The Clerk of the Supreme Court is directed to:
a. post a copy of this Order on www.txcourts.gov; [**3]
b. file a copy of this Order with the Secretary of State; and
c. send a copy of this Order to the Governor, the Attorney General, and each member of the Legislature.
[*266] 6. The State Bar of Texas is directed to take all reasonable steps to notify members of the Texas bar of this Order.
Dated: March 13, 2020
Type of service-Academic paper writing
Type of assignment-Essay
Pages / words-1 / 275
Academic level-High School