Supreme Court

TEXAS SUPREME COURT advisory

Contact: Osler McCarthy
512.463.1441 or email

IN-PERSON JURY RESTRICTIONS EXTENDED TO DECEMBER 1
 
The Texas Supreme Court has extended restrictions on in-person jury proceedings to December 1 in an emergency order issued Friday.

Questions on emergency orders should be submitted to coronavirus@txcourts.gov.

Among highlights, the 26th order in the pandemic series extends deadlines in cases and procedures affecting them and bans all in-person jury proceedings until December 1 in justice and municipal courts and limits them in district courts and statutory or constitutional county courts without approval by the local administrative district judge in that county and the regional presiding judge. Such approval must be after consulting local health authorities and submitting a plan consistent with the Office of Court Administration guidance and after considering any objections.

Courts that proceed with in-person juries must ensure that court participants have not had a positive test for COVID-19 within 30 days, do not have COVID-19 symptoms or have had recent known exposure to COVID-19. In criminal cases where a defendant faces a jail or prison sentence, remote jury proceedings must not be conducted without appropriate waivers and consent on the record from the defendant and prosecutor.

In all other cases, including cases in justice and municipal courts, remote jury proceedings must not be conducted without objections being considered.

The order extends many existing limits from previous orders.