I recently returned to the New Castle County Courthouse for the first time since the initial declaration of a Judicial Emergency by the Court back in March.  For those that are curious, here is what you can expect:

  • Upon entering the Courthouse, I was asked to confirm that I was not experiencing any symptoms of COVID-19—I was not required to have a temperature check.
  • Information desks now have Plexiglas dividers to separate the public from Court staff.
  • Elevators have restrictions on the number of occupants.
  • Masks are strictly enforced—I observed a bailiff directing an individual to cover his nose with his mask.
  • In the courtrooms there are Plexiglas dividers at counsel tables (image below) and between the court staff and Judge.

  • Hand sanitizer was found on all counsel tables and at the podium – additionally, the Court staff had a disinfectant spray for the microphone at the podium.
  • Masks remained on during argument, however I don’t know whether this was a requirement or our practice.
  • All parties in the courtroom were required to sign in and provide contact information in order to facilitate contact tracing if necessary.
  • Although the Court is now in Phase 3 of its reopening plan, which allows for up to 75% capacity, I only encountered a few people and far less than 75% capacity.

Additional statements and advisories from the Delaware Judiciary regarding COVID-19, can be found here.

If you would like to speak to a litigator in Fox Rothschild’s Delaware office, please reach out to Sid Liebesman (302) 622-4237 or Seth Niederman (302) 622-4238.