On April 22, 2020, the Virginia Supreme Court issued its Third Order Extending Declaration of Judicial Emergency in Response to COVID-19 Emergency through May 17, 2020. Under this extended order, which affects all Circuit Courts and General District Courts in the Commonwealth of Virginia, the courts have suspended all statute of limitations and case-related deadlines that would otherwise have expired between during the period of judicial emergency, now set as March 16 through May 17.

The tolling of these deadlines during the period of judicial emergency means that, for example, if a two-year statute of limitations would expire on a plaintiff’s personal injury claim on April16, 2020, the period of judicial emergency would not count for the purposes of the deadline. Thus, once the period of judicial emergency ends (currently set for May 17, 2020) the plaintiff would have an additional thirty-two (32) days to file suit after the judicial emergency.

The declaration of judicial emergency also forbids any gathering of more than 10 people within court buildings. Each individual county court in Virginia is preparing its own procedures to hear motions and hold other proceedings by video and teleconference during the period of judicial emergency.

General Counsel, P.C. attorneys are familiar with the local rules and COVID-19-related and judicial emergency procedures in DC, MD and VA courts.  If you have any questions about pending or contemplated litigation, contact Andy Baxter at 703-556-0411 or abaxter@gcpc.com.

The text of the full declaration can be found at http://www.vacourts.gov/news/items/covid/2020_0422_scv_order_extending_declaration_of_judicial_emergency.pdf