In the past, it might have seemed that your worst case scenario was getting sued or having to sue someone. Now, with most courts closed or offering limited services, the worst case is having a lawsuit that is unable to move forward. But what happens to business litigation when courts are not open because of a state of emergency?
Uncertainties Caused by Courts Closing Due to COVID-19
There will almost certainly be delays in your business litigation. However, how quickly your case gets back on track may depend on where it was when courts shut down. You and your business lawyer may have to closely monitor the situation. Getting motions heard and trials scheduled may be your first priorities, and you will be fighting for time on an already overloaded court schedule.
However, there are other considerations. Will your business operations be interrupted because of a pending legal claim against you? If a judgment is entered against you, will you be charged extra interest because of the delay or will the courts allow a grace period because of COVID-19?
Some of these questions simply cannot be answered until courts are fully operational. Courts may have to use some creative solutions to clear out a backlog of trials and hearings. Also, technology may play a part.
Handling Cases Remotely
Florida courts understand the need to address critical court matters during the COVID-19 shutdown. However, they are severely limited by the current state of emergency.
Chief Justice Canady of the Florida Supreme Court set up a group (the “Workgroup”) to begin getting the court system back up and running as restrictions end. The Workgroup has been instructed to:
- Examining cases that have been delayed, identifying cases that might be handled remotely.
- Recommend which cases need to have in-person hearings and trial after courthouses are reopened.
- Proposing solutions for any problems involved with using technology for remote hearings.
Your business litigation may be in a holding pattern until the courts come up with firm plans for reopening.
Is Your Business Litigation Affected Because of COVID-19?
If so, you are not alone. Every litigant in the State of Florida likely will be affected as courts begin the difficult job of reopening.
Attorney Richard Sierra at the Florida Small Business Center assists clients like you with business and litigation matters. As always, Our Goal Is to Help You Succeed™. For an appointment, you may call us at 1-866-842-5202 or use the contact form on our website. From our Coral Springs office, we represent clients throughout the State of Florida.