In re:  Revised Operational Directives in Response to Increased Accessibility to the Approved COVID-19 Vaccines

This Order supersedes this Court’s COVID-19 order dated July 24, 2020.

Since May 16, 2020, Missouri courts have been operating pursuant to phases set forth by this Court’s order and operational directives to ensure the safety of their employees and the public.  Recently, the Food and Drug Administration issued emergency use authorization for several COVID-19 vaccines.  These vaccines have been made available to Missouri citizens, including employees of the judiciary.  The Center for Disease Control and Prevention (CDC) has found the vaccines are highly effective at protecting vaccinated individuals against symptomatic and severe cases of COVID-19 and may prevent vaccinated individuals from spreading the virus.

Given the increased accessibility to approved COVID-19 vaccines and new CDC guidelines pertaining to fully vaccinated individuals, the Court hereby modifies its Operational Directives to include Operating Phase Four.  Courts may move to Operating Phase Four only upon the approved COVID-19 vaccines being readily accessible in the community in which a courthouse or court facility is located.

Accordingly, effective March 26, 2021, and pursuant to this Court’s constitutional authority to supervise the administration of the state judicial system, see Mo. Const. art. V, §§ 4.1, 8, court activity in all appellate and circuit courts – including all associate, family, juvenile, treatment, municipal, and probate divisions – shall be conducted pursuant to the attached Operational Directives.  The primary goal and purpose of these Operational Directives remains to ensure Missouri courts are open and able to carry out the core, constitutional functions of the Missouri judiciary during the pandemic.

During the duration of this Order, judges presiding over civil matters may exercise their discretion to waive, for good cause shown, any filing deadlines or time limitations set by court order, local rule, or Missouri Supreme Court Rules 41 through 81.  This authorization does not apply to any deadline or time limitations set by statutory or constitutional provisions.  Additionally, courts and judges are encouraged, when appropriate, to utilize all available technologies – including teleconferencing and video conferencing – to conduct court activities remotely in order to limit the number of in-person proceedings conducted in courthouses.  Any local, criminal, or civil rules that would impede a court clerk or judge’s ability to utilize technologies such as teleconferencing and video conferencing to conduct judicial proceedings remotely are hereby suspended.

Each circuit and appellate court should adopt measures to ensure timely filing by pro se litigants who lack access to Missouri’s e-filing system.  Courts with public access computer terminals should devise procedures for allowing litigants otherwise lacking internet access to be able to use such computers for matters pertaining to pending litigation.

Each court is instructed to post on the courthouse doors and make available electronically a COVID-19 Notice prohibiting access to the premises for individuals who have been exposed to or are exhibiting symptoms of COVID-19.  The COVID-19 Notice should list necessary contact information for individuals not authorized to enter the premises to have remote access to the administration of justice and advise the public of any precautionary measures, such as social distancing and face masks or coverings, required inside the court facility.

This Order is intended to be interpreted broadly for protection of the public and judicial personnel from the risks associated with COVID-19 and will remain in effect until rescinded or amended by order of this Court.