GENERAL ORDER 20-03

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS

COURT OPERATIONS UNDER EXIGENT CIRCUMSTANCES
CREATED BY THE COVID-19 PANDEMIC

     This General Order is in response to the recent outbreak of a novel coronavirus in the
United States and the State of Texas. The World Health Organization has declared the disease it
causes, “coronavirus disease 2019” (COVID-19), a global pandemic, having spread across more
than 120 countries with a rising toll of thousands of confirmed cases. The United States District
Court for the Eastern District of Texas (EDTX) is closely monitoring the outbreak of COVID-19,
in conjunction with the developing guidance from the Centers for Disease Control and Prevention
(CDC). The CDC has described the outbreak in the United States as a "rapidly evolving situation"
and is providing continuously updated guidance as to the appropriate community response to
COVID-19 as conditions worsen. The CDC's guidance includes multiple types of mitigation
strategies generally aimed at reducing or avoiding exposure to infected individuals.
     As of the date of this Order, there have been several confirmed cases of COVID-19 within
the Eastern District of Texas. The CDC and other public health entities have recommended social
distancing to limit further community spread of COVID-19. The Court is concerned with the
health and safety of the public, Court employees, staff of other entities with whom Court personnel
interact, litigants, counsel, interpreters, law enforcement officials, and jurors, who must work in
close quarters to hear evidence and to deliberate.
     Therefore, given the severity of risk to the persons by the spread of COVID-19 in EDTX,
and taking into consideration matters of public health, while reducing the size of public gatherings
and the need for travel, the Court orders as follows:

     1. All jury trials (criminal and civil) scheduled to begin on any date from this date
through May 1, 2020, are continued, to a date to be reset by each presiding judge. Those
continuances do not continue any pending deadlines other than the trial dates. Attorneys should
contact the presiding judges in their impacted cases if they seek to modify such other deadlines.

     2. Due to the Court's reduced ability to obtain an adequate spectrum of jurors and due
to the reduced availability of attorneys and Court staff to be present in courtrooms because of the
public health considerations described above, the time period of the continuances implemented by
this Order are excluded under the Speedy Trial Act, 18 U.S.C § 316(h)(7)(A). The Court finds that
the ends of justice served by ordering these continuances outweigh the best interests of the public
and each defendant's right to a speedy trial. In fact, the best interests of the public are served by
these continuances.     

     3. The currently scheduled session of the EDTX Grand Jury to be held in Tyler, Texas
on Wednesday, March 18th, 2020, shall proceed as scheduled and shall conclude prior to the end
of Thursday, March 19th, 2020. All other grand jury proceedings within EDTX through May 1,
2020, are continued. All related deadlines are suspended and tolled for all purposes, including the
statute of limitations, from this date through May 1, 2020.

     4. Individual judges may continue to hold bench trials, in-person hearings, sentencing
proceedings, scheduling conferences and other court proceedings as they deem appropriate,
on a case by case basis. Counsel may seek relief from those matters by appropriate motions. The
use of telephonic or video proceedings are welcomed where such are deemed appropriate by the
presiding judge. This Order does not impact any court's continuing discretion to consider and
decide particular matters on the papers alone. This order is intended to afford each presiding
judge with maximum discretion to handle their respective dockets (aside from jury trials
addressed above) as they deem best considering the totality of the circumstances. Individual
corporate and law firm policies on travel and related matters may be raised by counsel via
motion practice, but such shall not be binding or controlling on the Court in any respect.

     5. Magistrate Judges will continue to preside over criminal matters, such initial
appearances, arraignments, detention hearings and the issuance of warrants.

     6. Any events involving the court that are not case-specific, including, but not limited
to, continuing legal education courses, public tours, administration of oaths to attorneys, and
naturalization ceremonies conducted by the Court which are scheduled to occur between this date
and May 1, 2020, are hereby canceled, to be subsequently rescheduled as appropriate.

     7. All courthouses in the Eastern District of Texas, including the Clerk's Offices,
Bankruptcy Court and Clerk’s Offices, and Probation Offices, will remain open for business. No
courthouse facility will be closed without a subsequent specific order issued by the Chief Judge of
EDTX. Notwithstanding such, certain court employees, including some of chambers staff, may be
teleworking between this date and May1, 2020, but any employees teleworking will be accessible
by phone or email. Electronic filings shall continue to be made through the CM/ECF system.

     8. Any delivery directed to chambers shall be delivered instead to the Clerk's Offices
in each courthouse.

     9. Unless extended, this Order will remain in effect through May 1, 2020, and will
expire on May 2, 2020, without further order or action.

     10. Judges, unit executives, and supervisors should demonstrate flexibility in balancing
the staffing needs of the court and court units with the individual needs of our employees; this to
be done without forgetting our continuing constitutional mandate to carry on, as practical and
prudent, the work of the court and the pursuit of justice.

For the signed PDF copy, please click the following link: General Order 20-03.