17.1-330 - Declaration of judicial emergency.
§ 17.1-330. Declaration of judicial emergency.
A. A judicial emergency may be declared as provided in this section when adisaster, as defined in § 44-146.16, substantially endangers or impedes theoperation of a court, the ability of persons to avail themselves of thecourt, or the ability of litigants or others to have access to the court orto meet schedules or time deadlines imposed by court order, rule, or statute.Notwithstanding any other provision of law, the Chief Justice of the SupremeCourt or, if the Chief Justice is unavailable, the justice longest incontinuous service who is available, shall have the power to declare by ordera judicial emergency (i) for any court upon the request of the Governor, (ii)for the Supreme Court sua sponte, (iii) for the Court of Appeals, upon therequest of the chief judge of the Court of Appeals or, if the chief judge isunavailable, the judge of the Court of Appeals longest in continuous servicewho is available, or (iv) for any circuit or district court upon the requestof the chief judge of the affected circuit or district court or, if the chiefjudge is unavailable, the judge from the affected circuit or district courtlongest in continuous service who is available.
B. Any order declaring a judicial emergency shall specify (i) the court orcourts and facilities affected by the order; (ii) the nature of the disasternecessitating the order; (iii) the time period or duration of the judicialemergency; and (iv) any other information relevant to the suspension orrestoration of court operations, including but not limited to extension ofdeadlines. The order shall become effective for each affected court upon thedate set forth in the order or, if no date is set forth in the order, uponthe date the order is signed.
C. Notwithstanding any other provision of law, an order declaring a judicialemergency may designate a neighboring city or county not affected by thedisaster for the temporary relocation of the affected circuit or districtcourt. Locations designated under this section may be outside thegeographical limits of the affected court's circuit or district.
If an affected circuit or district court conducts sessions in a city orcounty not affected by the disaster pursuant to this section, the unaffectedcity or county shall be a proper venue for civil and criminal actions to thesame extent as if the affected court were operating in its original city orcounty. An affected circuit court may, upon motion of either party, and forgood cause shown, summon jurors from the jurisdiction where the affectedcircuit court has been temporarily relocated.
D. Notwithstanding any other provision of law, such order may suspend, toll,extend, or otherwise grant relief from deadlines, time schedules, or filingrequirements imposed by otherwise applicable statutes, rules, or court ordersin any court processes and proceedings, including all appellate court timelimitations.
E. The duration of the order shall be for the shortest period of timenecessary under the circumstances of the emergency, but in no event shall theperiod exceed 21 calendar days. Any such order may be extended for additionalperiods not to exceed 21 calendar days by a majority of the justices of theSupreme Court, and any order of extension shall include the informationrequired by subsection B for the issuance of an initial order. In the eventof a communicable disease of public health threat, as defined in § 44-146.16,a majority of the justices of the Supreme Court may extend such order for theduration of the threat.
(2010, cc. 451, 757.)