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Court Updates - Millsap & Singer, LLC
Court updates for KY, MO & KS
Update to Kentucky Court OperationsThe Kentucky Supreme Court has issued a Supreme Court Administrative Order 2020-39 which allows courts to resume hearing all civil and criminal matters. The order states all hearings should be conducted remotely unless it is determined by the judge that an in-person hearing is necessary.
Starting June 1, 2020, Kentucky will begin implementing a limited, phased reopening of court services to the public, with hearings in civil matters expected to be conducted remotely and in compliance with state directives regarding gatherings of groups, except in emergencies or special circumstances as determined by each jurisdiction, subject to change.
Court Closures, Cancellations, and Moratoriums
Our firm has received notification from the following courts regarding cancellations and closures due to the Covid-19 pandemic. The list is current as of this blast and updates will be provided as necessary.
| Kansas | Closure/Cancellation | Time Frame |
|---|---|---|
| Statewide | No foreclosures of residential property are allowed to be initiated where the default is the result of a financial hardship created by the COVID-19 pandemic (loss of income or increased expenses due to the pandemic and making continued mortgage payments would hinder their ability to purchase other essentials – food, medicine, health/safety services). | March 24, 2020 - May 31, 2020, unless rescinded or the statewide State of Emergency expires, whichever is sooner. |
| Wyandotte and Johnson County | Restricted to emergency operations. All civil proceedings are suspended indefinitely. Statutes of Limitations and procedural time standards deadlines are tolled during the pendency of the order. | Until after 5/15/2020 |
| Kentucky | Closure/Cancellation | Time Frame |
| All Kentucky Courts – As ordered by the Kentucky Supreme Court | Courthouses are closed and all civil dockets for foreclosure purposes are canceled until at least that time. Eviction filings will not be accepted by the circuit court clerk until 30 days after the order expires pursuant to federal and state moratoriums on evictions and public health and safety concerns. |
April 1, 2020 – May 31, 2020 |
| Kentucky Bankruptcy Courts (Eastern & Western Districts) | Telephonic appearances and participation are available to limit personal contact. | None provided |
| Missouri | Closure/Cancellation | Time Frame |
| All Missouri Courts | All in-person hearings | Currently, the Missouri Courts are opening in a phased rollout with a portion of courts At this time 85 of the state's 117 county courts have begun hearing critical cases as they have entered Phase One. The remaining 32 counties are not hearing cases due to being in Phase Zero. |
| Western District of Missouri | To limit the number of people coming into the courthouse, upcoming dockets will be held by phone. | Ongoing until further notice |
| Eastern District of Missouri | All proceedings shall be conducted by means other than in-person meetings wherever possible by law and as directed by the presiding judge in the proceeding. Any proceeding not deemed essential by the presiding judge in the proceeding that does require in-person meeting will be continued until further notice by the presiding judge. | Until further notice |
The firm will be notifying clients on a case by case basis as loans are affected and will place holds as necessary. Cases requiring an in-person hearing will necessarily result in an uncontrollable delay in the foreclosure process for affected loans. We will seek to have the matters re-scheduled for the next available court date after normal operations in the jurisdiction resume and will work to schedule phone hearings where applicable and available. Throughout this event, our firm is working diligently to protect our clients' interests and minimize the impact and disruption of service.
Current Office Operation
As Missouri, and its counties, start to ease restrictions put in place amid the Covid-19 pandemic, we continue to keep essential operational functions in the office. We are regularly reviewing our current work from home status and will bring persons back into the office as business needs develop. We maintain our commitment to client expectations and will work diligently to partner with our clients for the completion of matters as allowed by current moratoriums and court closures.