Limits & Logistics
Courtesy Copies
Courtesy copies
Court-wide- If Appearing in Court Before 24 Hour Processing Time
Return of Service
Court-wide
Communication
Clerk
Phone
Clerk
Phone
Document Format Requirements1 rule
Where feasible, attorneys shall convert exhibits to digital form.
Document Filing Requirements11 rules
All participants shall complete and submit the Jury Trial Participant COVID-19 Questionnaire, attached hereto as Exhibit C, to the Court Coordinator, prior to participating in jury selection or trial.
Each jury summons must include the Exhibit B questionnaire about prospective jurors’ COVID-19 exposure or vulnerability.
Court's wording
The Judge presiding over a jury trial will ensure the District or County Clerk includes, with each jury summons, the questionnaire that is attached hereto as Exhibit B, eliciting from prospective jurors information about their exposure or vulnerability to COVID-19.
Each jury summons must include a letter describing precautions taken to protect prospective jurors.
Court's wording
The Judge presiding over a jury trial will ensure the District or County Clerk includes, with each jury summons, a letter similar to Exhibit A, attached hereto, with information on the precautions that have been taken to protect the health and safety of the prospective jurors.
Prospective jurors must provide a completed Exhibit B prescreening questionnaire when entering the north building of the Gilmer Civic Center.
Court's wording
When prospective jurors attempt to enter the north building of the Gilmer Civic Center, they must provide a completed Jury Service COVID-19 Pre-Screening Questionnaire, attached hereto as Exhibit B, eliciting from prospective jurors information about their exposure or vulnerability to COVID-19.
Witnesses are considered trial participants and shall be required to complete a Jury Trial Participant COVID-19 Questionnaire. The proffering party shall submit the questionnaire to the court coordinator prior to participating in the trial.
A request for approval for a jury trial shall be submitted to the local administrative district judge in writing, via email at dean.fowler@countyofUpshur.com at least ten days prior to jury selection. In turn, the local administrative judge shall seek approval from the Regional Presiding Judge.
Every trial participant must complete a questionnaire and provide it to the Court before appearing at jury selection or trial.
Court's wording
In addition, every participant at the trial will be required to fill out a similar questionnaire and provide it to the Court prior to appearing at jury selection or trial. Participants include all attorneys, staff, witnesses and any other person that may participate in trial.
Every potential juror will be required to fill out the questionnaire on the reverse side of this letter and bring it to jury selection.
Prospective jurors are asked to complete the questionnaire before reporting and bring it or email it before October 19, 2020.
Court's wording
As part of the Court’s ongoing measures to protect against the spread of the COVID-19 virus, we ask that you complete the following before reporting for Jury Service on October 19, 2020. Bring this completed questionnaire with you or email it to janice.goodson@countyofUpshur.com BEFORE October 19, 2020:
Participants in the jury selection or trial must complete the COVID-19 questionnaire and bring it on the day they appear.
Court's wording
If you will participate in the jury selection or trial, that is scheduled for the week of October 19, 2020, you must complete this COVID-19 questionnaire and bring it with you on the day you will appear and participate in the trial.
Each judge will include information on orders setting hearings, docket notices, and in other communications notifying individuals who are in vulnerable populations of the ability to contact the court to identify themselves as a vulnerable individual and receive accommodations.
Filing & Service rules
Filing Timing and Cure Windows
The jury-trial approval request is due at least ten days before jury selection.
A request for approval for a jury trial shall be submitted to the local administrative district judge in writing, via email at dean.fowler@countyofUpshur.com at least ten days prior to jury selection. In turn, the local administrative judge shall seek approval from the Regional Presiding Judge.
Page 4 | Jury Trial Approval Process
Adjournment & Extension Requirements
If no accommodation is available, the judge must decide whether to continue the case by balancing public health and safety against the need to resolve it.
If no accommodation is available, the judge shall determine if a continuance is warranted, balancing the risk to public health and safety with the need to resolve the particular case.
Page 3 | General
Cases involving vulnerable individuals scheduled for court must be continued until the operating plan expires.
Vulnerable populations who are scheduled for court will be accommodated by having their case continued until this operating plan expires.
Page 3 | Vulnerable Populations
If no accommodation is available and a continuance is not warranted, the judge may allow the hearing to proceed in person under the approved plan’s precautions and protocols.
If no accommodation is available and the judge determines a continuance is not warranted, the judge may permit the hearing to occur in-person under the precautions and protocols in the approved in-person operating plan.
Page 3 | General
Individuals over age 65 or with the specified serious health conditions may contact the Court to have their case continued until the Emergency Orders expire.
Individuals who are over age 65 and individuals with serious underlying health conditions, such as high blood pressure, chronic lung disease, diabetes, obesity, asthma, and whose immune systems are compromised such as by chemotherapy for cancer or other conditions requiring such therapy may contact the Court and have their case continued until all Emergency Orders issued by the Supreme Court of Texas and the Court of Criminal Appeals have expired.
Page 6 | NOTICE TO VULNERABLE POPULATIONS
People over age 65 and people with the described serious health conditions may request postponement or excusal from jury service.
Individuals who are over age 65 and individuals with serious underlying health conditions, such as high blood pressure, chronic lung disease, diabetes, obesity, asthma, and those whose immune systems are compromised, such as by chemotherapy for cancer or other conditions requiring such therapy, are considered to be vulnerable populations and may request to postpone or be excused from jury service at this time.
Page 7 | 3. COVID-19 RELATED EXCUSE OR POSTPONEMENT
Chambers Communication Rules
IF YOU ARE EXPERIENCING ANY OF THE ABOVE SYMPTOMS, CALL THE DISTRICT CLERK’S OFFICE AT (903) 843-5031 BEFORE REPORTING ON OCTOBER 19, 2020.
IF YOU ARE EXPERIENCING ANY OF THE ABOVE SYMPTOMS, CALL THE DISTRICT CLERK’S OFFICE AT (903) 843-5031 BEFORE REPORTING ON OCTOBER 19, 2020.
Page 7 | 1. SYMPTOMS NOW OR BETWEEN OCTOBER 5, 2020 and OCTOBER 19, 2020
If any listed COVID-19 contact-history condition applies, the prospective juror must call the District Clerk’s Office before reporting on October 19, 2020.
IF ANY OF THE ABOVE APPLY, CALL THE DISTRICT CLERK’S OFFICE AT (903) 843-5031 BEFORE REPORTING ON OCTOBER 19, 2020.
Page 7 | 2. CONTACT HISTORY
Anyone requesting excusal or postponement for a vulnerable-population or other COVID-19-related reason must call the District Clerk’s Office before reporting on October 19, 2020.
IF YOU ARE REQUESTING TO BE EXCUSED OR YOUR JURY SERVICE DATE BE POSTPONED BECAUSE YOU ARE A MEMBER OF THE VULNERABLE POPULATION OR SOME OTHER COVID-19 RELATED REASON, CALL THE DISTRICT CLERK'S OFFICE AT (903) 843-5031 BEFORE REPORTING ON OCTOBER 19, 2020.
Page 8 | 3. COVID-19 RELATED EXCUSE OR POSTPONEMENT
Anyone experiencing any of the listed symptoms must call the District Court before appearing at the trial location.
IF YOU ARE EXPERIENCING ANY OF THE ABOVE SYMPTOMS, CALL THE DISTRICT COURT AT (903) 843-2836 BEFORE APPEARING AT THE TRIAL LOCATION.
Page 9 | JURY TRIAL PARTICIPANT COVID-19 QUESTIONNAIRE
The completed questionnaire may be emailed to the stated address before October 19, 2020.
Bring this completed questionnaire with you or email it to janice.goodson@countyofUpshur.com BEFORE October 19, 2020:
Page 7 | EXHIBIT "B" — JURY SERVICE COVID-19 PRE-SCREENING QUESTIONNAIRE