Delaware Reopening Guidelines

By on October 8, 2020

Yesterday the US District Court for the District of Delaware issued eight pages of “Jury Restart Trial Guidelines.” It is guidance only; it lacks the force of law. Notably, it provides that all trials will be fully masked, except for witnesses, unless “another prophylactic measure is in place at the time, e.g., counsel speaking from a socially distanced location in the courtroom that can be readily cleaned prior to use by another.” Counsel are expected to clean the ELMO projector after each use. “Sidebars” will be handled by electronic transceiver. Exhibits will be digital to the extent possible. “In no case will contraband or firearms be provided to the jury.” The guidelines can be viewed here.

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McDermott’s litigation team monitors US courts as they reopen amid the ongoing COVID-19 public health crisis.