During a judicial emergency, the Chief Justice is authorized to permit, by order, the use of audiovisual devices for all civil and criminal proceedings except trial by jury, whether or not such use is currently permitted by statute or court rule. Such proceedings may be conducted in the same or another county from that in which the defendant is physically located. In the order permitting the use of audiovisual devices, the Chief Justice shall state the court locations in which such usage shall be permitted, the specific proceedings for which audiovisual devices shall be permitted, the duration for which their use shall be permitted, and, when such usage is not otherwise authorized by statute or court rule, shall provide a justification for the compelling state interest in using such devices.
77 Del. Laws, c. 30,
§
1;
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 2020–2021 · leading case:
State v. Kolaco (Del. Super. Ct. 2020).
State v. Kolaco (Del. Super. Ct. 2020).
· cites it 3× “2, 2020) which provided: [i]n light of the continuing threat COVID-19 poses to public health, all courts in the State are authorized, to the greatest extent possible under 10 Del. C. § 2008, to continue to utilize audiovisual devices at their facilities and remotely to conduct…”
State v. Thomas (Del. Super. Ct. 2021).
· cites it 3× “The Emergency Order provides, in relevant part, as follows: In light of the continuing threat COVID-19 poses to public health, all courts in the State are authorized, to the greatest extent possible under 10 Del. C. § 2008, to continue to utilize audiovisual devices at their…”
Forescout Techologies, Inc. v. Ferrari Grp. Holdings, L.P. (Del. Ch. 2020).
· cites it 2× “The Supreme Court’s authorization of the use of audiovisual devices for court proceedings is permitted by statute, as 10 Del. C. § 2008 provides that “[d]uring a judicial emergency, the Chief Justice is authorized to permit, by order, the use of audiovisual devices for all civil…”
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