Like everyone, the courts have had to adjust to the challenges of the COVID pandemic. If you have a debt collection case pending in the NY State Courts, you may be curious about virtual court options and what to expect at this point in the pandemic.
In his latest report on January 31, 2022, NY State Chief Judge DiFiore confirmed decreases in the number of judges and court staff testing positive for COVID-19. Moving forward, the courts will continue to enforce all of the health and safety protocols that have worked to keep the courthouses safe.
In the five boroughs of the Civil Court of the City of New York, most appearances are virtual via Microsoft teams. However, you now have the option of appearing in person for the City Civil Courts. Certain district courts, like Nassau County, have done away with virtual appearances and require in-person appearances.
In-Person Court Appearances
If you are asked to appear in the courthouse in person, here’s what to expect from the courts during COVID:
Accessing the Courthouse
All of the Courthouses in New York require passing through metal detectors. In the five boroughs, everyone is screened for symptoms based on guidelines established by the New York State and City Departments of Health. Screening includes a temperature check, and those with a temperature of 100 degrees or higher cannot enter the courthouse.
Part of your screening will include getting your contact information for the purpose of contact tracing. If you have been exposed to COVID while visiting the courts, you may receive a call from NYS Tracing. If you think you might have been exposed, you can visit the courts’ website, which posts daily updates of reported cases in the court buildings.
Mask Requirement
Face masks must be worn by everyone within the courthouse, except for those medically unable to wear one. Members of the public entering the courthouse without a mask will be provided one.
Courtroom Seating and Procedures
The courtrooms in the city courts have been retrofitted with glass partitions between the area for the attorneys and the rest of the courtroom as well as the plaintiff’s and defendant’s desks. The Nassau District court has not added glass partitions.
Each party appearing in person will sit in the gallery/spectator seating area with their attorneys until the calendar call. The other parties may appear in person or through Microsoft Teams. If appearing in person, a court officer will escort the party or, if represented by counsel, their attorney to the opposite desk.
The judge may appear on the bench or may appear from chambers on a screen provided to the courtroom.
When your case is called the court officer will escort counsel or the plaintiff/defendant, if appearing without an attorney, to either the plaintiff’s or defendant’s desk, which has a microphone on it connected to the Microsoft Teams appearance link. A video connected to the Teams appearance link is placed observing the desk so all parties can see the other. The Judge will then conduct the appearance through the Microsoft Teams program or in-person if all parties are in the courtroom.
Virtual Court Appearances
Virtual court appearances take place via Microsoft Teams or by phone. The court will notify you or your attorney as to the method of appearance and will send a link via email including a printout of the full calendar on the day of the scheduled appearance. Witnesses and parties, if appearing, must be ready at the designated time.
The court expects you to appear on time. Any questions should be directed to your counsel in advance of the hearing date and time.
If appearing virtually, all rules of court decorum are to be maintained, including required attire for attorneys, as well as the prohibition on food and drink during the course of the appearance. Moreover, recording or screenshotting the Microsoft Teams video is prohibited.
