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.

McDermott Will & Emery
Our 200-lawyer litigation practice advises clients of all sizes, from multinational corporations to individual plaintiffs and defendants. We successfully represent our clients in federal and state courts around the country. The strength of our lawyers is based on the fundamental principle that excellence in client service mandates deep substantive knowledge in a broad range of industries and areas of the law, and―when required―incomparable ability and success in the courtroom.

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

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