On March 14, 2020, a Court order from the Georgia Supreme Court immediately closed all Georgia courts. Since then 15 subsequent orders have extended that emergency declaration, putting the Courts calendar in complete disarray and delaying civil trials for at least two to three years. The final judicial emergency order is set to expire on June 30, 2021. 

The good news is most Georgia courts are reopening. But those openings come with quite a few stipulations and no guarantees. Here is what we know so far: 

• Criminal trials will take place first. 
• Local counties have committees of judicial system participants who will determine when it is safe to resume jury trials. It will be the discretion of the judge if jury trials will be allowed in their court. 
• Courthouses with multiple Courts will have to coordinate their reopening guidelines.

As for when trials will take place, that will be determined on a court-by court basis. For example, more rural counties do not necessarily have big enough court rooms for social distancing. Courts will be working to hear suspended cases to decrease the backlog but there is no given deadline for a case to be heard. 

Criminal cases are a little bit different. House Bill 635 allowed the state and superior courts relief from the statutory speedy trial requirements and allows superior courts to select juries and try cases in alternative facilities where social distancing is possible and/or allow cases to be tried without a jury when the defendant agrees to such a situation. These provisions for the courts expire June 30, 2022.

Expect to see more remote proceedings in civil cases. Courts will be using remote options to hear cases faster. Each court will evaluate the effectiveness of using remote proceedings for specific cases. Class action lawsuits are likely to take several years before going before the court as some jurisdictions are facing dockets going into 2024. 

We are working with our clients to determine the best strategy for their individual case. Some cases we will recommend virtual hearings. For others, we will recommend waiting for the court to try the case in front of a jury. We are working diligently to strategize each case and weigh the pros and cons. We look forward to resuming jury trials as quickly as possible. 

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