`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`
`
`
`
`
`
`
`
`
`
`
`
`
`In Re:
`
`NEW MODIFIED COURT
`OPERATIONS UNDER THE EXIGENT
`CIRCUMSTANCES CREATED BY
`COVID-19 AND RELATED
`CORONAVIRUS
`
`
`
`
`
`
`
`GENERAL ORDER NO. 18-20
`
`This General Order is being issued in response to the continuing outbreak of Coronavirus
`
`Disease 2019 (COVID-19) in this District. On March 17 and 25, 2020, the Court entered General
`
`Orders 02-20 and 03-20 addressing, among other things, the closing of the Seattle and Tacoma
`
`Courthouses for at least 30 days and the procedures for conducting civil and criminal matters
`
`remotely. The Court incorporates here its prior findings regarding COVID-19 and the emergency
`
`declarations and public health guidelines as set forth in those prior General Orders.
`
`On April 13, 2020, the Court continued the procedures established by General Orders 02-
`
`20 and 03-20 for 30 days. Further continuances were issued on May 13, July 30, September 4,
`
`and most recently October 2, 2020.
`
`In the last three months, the daily number of positive cases, hospitalizations, and deaths
`
`have significantly increased in the Western District of Washington. This has foreclosed the
`
`possibility of further increasing the number and type of in-court proceedings. A statewide
`
`vaccination effort has begun, with the first doses going to “Phase 1A” groups, which include
`
`frontline health workers and long-term care residents and staff. The distribution of the vaccine
`
`to other members of the general public is anticipated to proceed in phases through the coming
`
`- 1
`
`HTC v. Ancora
`Review of U.S. Patent 6,411,941
`HTC Exhibit 1017
`
`
`
`
`months. At this time, it appears likely that the majority of individuals with business in the
`
`Courthouses, including potential jurors, will not be fully vaccinated before March 31, 2021.
`
`Limiting the size and frequency of gatherings remain critical to preventing serious injury and
`
`death from COVID-19.
`
`Accordingly, the Court ORDERS that the procedures established by General Order 15-
`
`20 will be continued until March 31, 2021. All District Court civil and criminal in-person
`
`hearings and trials in these Courthouses scheduled to occur before March 31, 2021, are continued
`
`pending a future general order from this Court or the order of an individual judge consistent with
`
`the procedures set forth in General Order 15-20.
`
`Courthouse lobbies will remain open for the public to use drop boxes to deposit
`
`documents for filing and payments for the District Clerk’s Office. Individuals may enter the
`
`courthouses to conduct official business provided they have scheduled appointments or
`
`notifications to do so. Members of the public who wish to view a criminal proceeding or trial
`
`will be directed to the Court’s website to access video streaming of those proceedings.
`
`The Court further ORDERS the continuation of the following procedural changes:
`
`1. In order to limit the physical exchange of documents, signatures on documents in civil
`
`and criminal proceedings conducted remotely will not be required. Instead, the Court
`
`will make a record that the document has been reviewed and authorized by the
`
`signatory and is fully binding. Such documents include, but are not limited to:
`
`a. Financial affidavits (28 U.S.C. 1746);
`
`b. CJA Appointments;
`
`c. Consents to proceed before a magistrate judge;
`
`d. Waiver of in-person hearings in criminal matters;
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`- 2
`
`
`
`
`
`e. Appearance bonds/Orders of release;
`
`f. Plea agreements;
`
`g. Jury verdicts; and
`
`h. Judgments.
`
`2. Local Civil Rule 32 continues to include among the definitions of “Unavailable
`
`Witness” in FRCP 32(4)(C) the following: “concern about personal health risks from
`
`exposure to the COVID-19 virus.”
`
`Other General Orders addressing particular COVID-19 issues have not expired and need
`
`not be modified at this time.
`
`Dated this 30th day of December, 2020.
`
` A
`
`
`
`RICARDO S. MARTINEZ
`CHIEF UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`
`
`
`
`- 3
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`