UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`GENERAL ORDER No. 72-3
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`IN RE: Coronavirus Disease Public Health Emergency
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`WHEREAS, the COVID-19 (Coronavirus Disease) outbreak remains a national public health
`emergency; and the Judges of the United States District Court for the Northern District of California
`continue to balance the various interests implicated by the COVID-19 public health emergency, and
`find that the current guidance of public health officials allows for a modification in court operations
`to permit the resumption of limited in-court proceedings;
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`NOW THEREFORE, the United States District Court, Northern District of California, hereby
`issues the following Order, effective immediately:
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`Civil Cases:
`1. No new jury trial will be conducted through September 30, 2020. Any jury trial dates currently
`scheduled to commence during that period will be postponed or vacated. However, individual
`judges may offer bench trials by videoconference in lieu of postponement.
`2. Through September 30, 2020, all civil matters will be decided on the papers, or if the assigned
`judge believes a hearing is necessary, the hearing will be by telephone or videoconference. This
`applies to motion hearings, case management conferences, pretrial conferences, settlement
`conferences, Alternative Dispute Resolution (“ADR”) proceedings, and bench trials. For specific
`instructions on telephone or video appearances, see the docket on PACER, the assigned judge’s
`schedule of upcoming proceedings (located on each judge’s web page at
`cand.uscourts.gov/judges), or the ADR webpage.
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`Criminal Cases:
`1. No new jury trial will be conducted through June 30, 2020. Any jury trials currently scheduled to
`commence during that period will be postponed or vacated.
`2. Each judge assigned to a criminal trial scheduled before July 1, 2020 will make appropriate
`findings and enter an order tolling time under the Speedy Trial Act.
`3. Initial appearances and other proceedings before the magistrate judges will continue and will be
`conducted by telephone or by videoconference. New arrestees shall be booked at Santa Rita Jail
`and produced for court appearance the following day instead of being presented for booking at
`the U.S. Marshals Service lockup.
`4. Appearances before the district judges may be waived or postponed, or may be conducted by
`telephone or videoconference. See General Order 74 for procedures pursuant to the Coronavirus
`Aid, Relief, and Economic Security Act (“CARES Act”). For the month of June, in-court
`proceedings are permitted only for 1) guilty pleas, 2) sentencings, and 3) evidentiary hearings
`requiring witness testimony (such as motions to suppress or supervised release evidentiary
`hearings). This applies to both in-custody and out-of-custody defendants.
`5. To the extent possible, after lodging/filing an application to enter an open guilty plea or a plea
`agreement, guilty pleas and sentencing shall be consolidated for a date after the presentence
`report has been prepared.
`6. Grand jury proceedings in this district will resume in June on a date and in a manner to be
`determined.
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`1
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`PETITIONERS
`Exhibit 1021, Page 1
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`Other:
`1. All local rules requiring that a courtesy copy be provided to the chambers of the assigned judge
`are suspended pending further notice, unless a judge orders otherwise in a specific case.
`2. The requirement under Civil Local Rule 5-1(b) that a pro se party must request permission from
`the assigned judge to use the court’s Electronic Case Filing (ECF) system is suspended pending
`further notice.
`3. Pending further notice, the courthouses and law libraries are closed for public events, tours, and
`visits.
`4. Effective immediately, this General Order supersedes General Order 72-2.
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`ADOPTED: May 21, 2020
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`FOR THE COURT:
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`Phyllis J. Hamilton
`Chief Judge
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`2
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`PETITIONERS
`Exhibit 1021, Page 2
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