As noted above, e-filing is uninterrupted in many jurisdictions, and procedures have been established to handle paper filings elsewhere although several courts have issued local orders, requesting that parties refrain from filing anything that does not need to be reviewed on an emergency basis. Related questions exist as to whether Judge Barbera acted too quickly, or whether the April 3 Order is overbroad since the emergency powers anticipated that the suspension of limitations would only occur when it was not possible for parties to adhere to regular deadlines, like statute of limitations, during an emergency. Statutes of limitation are generally governed by laws passed by Maryland’s General Assembly, and a significant constitutional question exists as to whether the judiciary has the authority to unilaterally alter these deadlines, which action may blur the traditional separation of powers between the government branches. It remains to be seen how broadly the April 3 Order will impact the practice of law in Maryland although some commentators have already questioned whether the order will withstand legal scrutiny following the Pandemic. Parties and Practioners Should Analyze Order Conservatively Judge Barbera’s April 3 Order exercises this new authority. Pursuant to that authority, the Court of Appeals’ Standing Committee on Rules of Practice and Procedure recommended the adoption of new rules on March 16, 2020, titled “Emergency Powers of the Chief Judge of the Court of the Court of Appeals.” These emergency powers included the ability to modify deadlines, such as the statute of limitations, during an emergency like the Pandemic. Judge Barbera derived her authority to suspend the statute of limitations from the Maryland Constitution, which generally allows the Court of Appeals to establish rules and regulations for the practice of law in Maryland state courts. This April 3 Order, therefore, may give potential plaintiffs more time to file a lawsuit than they otherwise would have had if the original limitations deadline expired during the Pandemic-related court closures. Judge Barbera’s April 3 Order suspends operation of the statute of limitations for the duration of the emergency until further judicial order. This deadline is referred to as the statute of limitations and a lawsuit must be filed within this time frame or it will be dismissed even, if the underlying claim has merit. Many types of cases must be filed within three years from the date on which the action arose although certain types of claims have shorter or longer deadlines. In general, when a company or individual has a legal claim against another party, there is a limited period of time in which to file a lawsuit in Maryland. The suspension is retroactive to March 16, 2020, and will continue “by the number of days that the courts are closed to the public due to the COVID-19 emergency by order of the Chief Judge of the Court of Appeals.” Judge Barbera reinforced this suspension in a subsequent April 8, 2020, order. To prevent the Pandemic-related disruptions to Maryland’s legal system from adversely affecting a party’s substantive legal rights, Judge Barbera took dramatic action via administrative order Ap( April 3 Order) by suspending “all statutory and rules deadlines” related to the filing of new matters in Maryland state courts. Many courts in those jurisdictions are urging parties to limit filings to emergency matters only, as the limited on-site court staff attempt to prioritize the processing of documents. While parties may still file pleadings in Maryland state courts in the jurisdictions which have yet to adopt electronic filing - Baltimore City, Montgomery County and Prince George’s County - parties must adhere to county-specific instructions posted on the courts’ respective websites. Judge Barbera has ordered all courts to remain closed to the public, except under limited circumstances until at least May 1, 2020. Court dockets ground to a halt in March, except for a narrow list of emergency procedures, such as bail hearings and peace order requests. The Pandemic immensely disrupted most business and government sectors - and the Maryland judiciary is no exception. Maryland Court of Appeals Suspends Statute of Limitations for State Court Case Filings amid Ongoing PandemicĪmid the ongoing COVID-19 Pandemic (Pandemic), Court of Appeals Chief Judge Mary Ellen Barbera continues to issue administrative orders broadly impacting the practice of law in Maryland.
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