In Re Response to the Covid-19 Pandemic

Cite as 2020 Ark. 187 SUPREME COURT OF ARKANSIS Deliuered: May 8,2020 IN RE RESPONSE TO THE COVID-19 PANDEMIC

PER CUNIAM

ln response to the ongoing COVID-19 pandemic, the Supreme Court of Arkansas delivered per curiam orders on March 17, March 20, April 3, April 23, and April 28,2020, implementing emergency precautions to help protect the public from unnecessary risks. See In re Response to the COVID-I9 Pandemic,2020 Ark. 116 (per curiam); In re Response to the COVID-19 Pandemic,2)2) Ark.1,25 (per curiam); In re Response to the COVID-19 Pandemic,2)2} Ark. 132 (per curiam); In re Response to the COVID-I9 Pandemic, 2020 Ark.163 (per curiam); In re Response to the COVID-I9 Pandemic-Amendments to Court Rules,2020 A*.164 (per curiam); In re Response to the COVID-19 Pandemic-Eviction Filings,2020 Ark.166 (per curiam). On March 77,2020, Governor Hutchinson declared a State of Emergency for Arkansas related to the COVID-19 pandemic, which remains in effect.The courts of the State ofArkansas shall remain open.

Today, we announce that beginning May 18, 2020, Arkansas courts in all divisions shal1 resume conducting hearings with certain measures to combat the spread of the disease to the public,including the employees of theArkansas judiciary. There is no restriction on the type of case for which hearings shail resume. Courts shall be operational and the Supreme Court and the Administrative Office of the Courts have obtained personal protective *2 equipment to assist the courts and counties in the gradual resumption of in-person proceedings where Pracrical.

we hereby order that hearings shall be conducted by video conference; audio conference; or in-person proceedings, at the discretion ofthe presidingjudge. Hearings may

be conducted by having the parties, atrorneys, andlor witnesses attend, using any combination of video or audio conferences and in-person appeafances. Any party to a

hearing may object to the rype ofhearing announced, and that objection shal1 be ruled upon by the presiding judge. Presently, video conferencing is preferred over audio conferencing and in-person hearings. The Administrative OfEce of the Courts wiil be monitoring each judge's use ofvideo conferencing to conduct hearings.The Supreme Court intends to issue a report as soon as next week detailing the use of video conferenced hearings by judges throughout the state.

Further, courthouses and courtrooms shall continue to comply with guidelines announced by the Arkansas Department of Health regarding public gatherings currently limited to gatherings ofno more than ten people.This court encourages the use ofalternative indoor venues, such as auditoriums, gymnasiums, civic centers, or National Guard armories,

if the current courtroom cannot accofiInodate the social-distancing and other public- gathering restrictions and guidelines. The most up-to-date guidelines may be found on the

Departmentt website:

Ittps:./ / u'rvs,. hel]tht.:rrkansas. qor'/progrrrrls serl'ices /topics/ coviJ- 19 lrealth- guidl n ces#(lo rttntttltitvgu i.lance.

In response to the covlD-19 pandemic, the Supreme court ofArkansas previously announced the indefinite suspensi.on of the time requirements under Arkansas Civil procedure Rules 4(i),33O),34(b), and 36(a) and District Court Rule 3. In re Response to the COVID-|9 Pandemic-Amendments to Court Rules,2020 Ark. 764. Today, on recomnendation of the Supreme Court Committee on Civil Practice, we announce the continuation of the suspension of the time requirements under Ark. R. Civ. P. 4(i) and District Court Rule 3. Based on the Committee's additional recommendation, today we rescind the suspension of time requirements under Ark. R. Civ. P. 33(b), 34(b), and 36(a). Finally, based on the Committeet recommendation, we direct that al1 discovery suspended cltrring tlre period of time the April 28 per curiam, In re Response to the COVID-|9 Pandentic-Antendntents to Court Rules,was effective shall be due rvithin ten business days of this rescission order or the original due date of the discovery whichever is later.

This Order is to be interpreted broadly for protection of the public from the risks associated with COVID-19. This Order applies statewide to all courts and court clerks' offices except administrative courts of the executive branch, federal courts, and federal court clerks' offices in Arkansas.

It is so ORDERED.

FORTHE COURT:

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