Info from DE Courts on Fines & Fees etc. - 5th Update To STANDING ORDER Delaware Courts

Updated 30 March 2020  

4. Suspension of Moratorium Courts Late Payment Fines: Email fromEvelyn Nestlerode 3.26.20
 

While payments can still be made online, the Courts have 

- suspended the active collection of payment for fees and fines, 

- including the suspension of capias returns for failure to pay during the Judicial Emergency.   

- File and payment centers are closed.  

- No new capiases are being issued for failure to pay at this time, and 

- JP Court indicated that persons with existing capiases may contact the court for those capiases to be cleared. 

- DELJIS made programmatic changes late last week to suspend late notices and late fees for Voluntary Assessment Center obligations during the Judicial Emergency. 

- I do not believe there are any other late fees.

I will let you know if I learn of any updates on this.  Please let us know if you hear of any issues or have any further questions.  Thank you again!

Evelyn Nestlerode

Deputy State Court Administrator, Fiscal Policy

Administrative Office of the Courts

The Renaissance Centre

405 N. King Street, Suite 507

Wilmington, DE  19801

Phone:  302-255-0465

Email:  evelyn.nestlerode@delaware.gov

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Date: Thu, Mar 26, 2020 at 4:15 PM

Dear Ms. Lantz,

Thank you for reaching out.  

 

The Delaware State Courts in consultation with the Department of Justice and the Office of Defense Services and other justice partners stopped issuing capiases for failure to pay approximately ten days ago.  

 

We also have ceased all collection efforts during the course of this emergency.  

 

We understand the impact this virus is having across our society and are sensitive to its particularly deleterious effects on low income families in Delaware.

We greatly appreciate your advocacy on behalf of the citizens of Delaware.

Best personal regards,

Gayle P. Lafferty, Esquire

State Court Administrator

State of Delaware

Administrative Office of the Courts

405 N. King St., Ste. 507

Wilmington, DE 19801

302-255-0088

 

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 The Delaware State Bar Association NEWS & LINKS

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IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

STANDING ORDER No. 5

CONCERNING COVID-19 PRECAUTIONARY MEASURES 

WHEREAS, on March 9, 2020, the Superior Court entered a Standing Order Concerning COVID-19 Precautionary Measures (“Standing Order No. 1”) in the interest of protecting jurors, parties, witnesses, lawyers, judges and court staff;

WHEREAS, the Delaware Supreme Court entered an Order Declaring a Judicial Emergency, effective 8:00 a.m. on Monday, March 16, 2020 (the “Judicial Emergency Order”), which provides the trial courts with the discretion to continue criminal and civil trials for a period of 30 days, and to utilize audiovisual devices to conduct proceedings, in order to limit the number of people gathering in public court buildings;

WHEREAS, the Delaware Supreme Court, on March 22, 2020, issued Administrative Order No. 3, closing all public courthouses in the State until April 15, 2020 and implementing certain other measures in response to the public health threat posed by COVID-19; 

WHEREAS, the Superior Court has reviewed its practices and procedures in accord with Supreme Court’s Administrative Order No. 3 and have issued Standing Orders 2, 3 and 4 advising the members of the Delaware Bar, litigants and the public who have matters before the Superior Court in the coming months of updated operational protocols to handle essential matters; 

WHEREAS, the federal government and the Governor of the State of Delaware have issued mandates to limit the amount of person-to-person contact and guidance as to social distancing in order to mitigate the spread of the COVID- 19 virus; 

NOW, THEREFORE, in order to further public health and safety, comply with the states of emergency, and to provide additional guidance to counsel and litigants, IT IS 

HEREBY ORDERED that this Standing Order No. 5 is issued to modify Standing Order No. 2 as to case reviews and to supplement Standing Orders Nos. 1, 3 and 4 and is effective 12:00 p.m. on Friday April 3, 2020, subject to further review: 

All Grand Jury proceedings, Criminal Case Reviews, Suppression hearings, Criminal motions that do not relate to a change in the custody status of the defendant, the filing of and responses to Rule 61 motions, sentencing (unless the parties represent to the Court that it may affect the custody status of the defendant), and criminal trials are suspended and stayed until April 15, 2020, subject to further review.

President Judge Jan R. Jurden