Exhibit A 

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Conducting Jury Trials and Convening

Grand Juries in the Age of COVID-19

Jury trials are the bedrock of our justice system, expressly provided for in the Constitution 

and in the Sixth and Seventh Amendments. When each court determines that the time is right, the 

judiciary must reconstitute jury trials during the COVID-19 pandemic. This report contains

preliminary suggestions and ideas for courts to consider when restarting jury trials. The intent of 

this report is to assist each court in devising protocols that will minimize the risks to all participants 

and spectators, including jurors, attorneys, witnesses, parties, members of the public, the press, 

and court employees. Although the report’s considerations, if followed, may impact constitutional 

issues, it does not attempt to analyze or resolve individual constitutional questions. Instead, where 

appropriate, the Jury Subgroup has attempted to spot some issues that judges may need to resolve 

depending upon their unique circumstances. 

This report contains suggestions only. Each court will be able to adapt these suggestions to 

the concerns of its own jury pool and other local factors. Each court will be impacted by its 

location, stage of recovery, funding, and own decision regarding the appropriate steps to take to 

ensure safety. As each court develops its own protocol, these guidelines will be updated to provide 

the most recent developments in restarting trials. A clearinghouse of sample court orders and 

procedures, including photos of reconfigured courtrooms will be maintained on the Coronavirus 

(COVID-19) Guidance page on JNET for courts to review.

I. Initial Considerations

The appropriate time to reconvene juries will differ state by state, district by district, and 

perhaps even division by division. Each court will need to review its state and local government’s 

“gating criteria” in determining when to reconvene a petit or grand jury. Different institutions 

including the AO and the CDC have offered guidance to the gating criteria. The AO has provided 

guidance on health screening and use of masks that can be found included with the Director’s 

memorandum dated April 24, 2020. The CDC has provided a variety of documents with gating 

criteria guidance, including a comprehensive 60-page document. CDC guidance can be found on 

the CDC’s coronavirus page. Please note that such guidance is continually updated.

This report offers suggestions for each district to consider in “how” to hold a jury trial 

during the course of the pandemic, recognizing that each court will have different abilities, 

facilities, and localized considerations. There is no one-size fits all approach, and not all of the 

suggestions will be necessary, practical, or feasible in all districts. At its core, this report offers 

guidance to help individual courts consider the multitude of issues that will impact reconvening 

jury trials in our federal courts.

Available funding is a consideration. Each court should discuss its own plan with the 

appropriate court officers and regional administrators at the Administrative Office of the Courts to 

determine the availability of any funding for the plan. The guidelines below include several 

recommendations related to juries that have an associated cost. Courts should expect to fund juryrelated costs within their existing local, decentralized budgets. If centrally-held funds become 

available, the Administrative Office will notify the courts. 

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II. Communicating Safety to the Public

Jurors must be given reasonable assurance of their safety before participating in the jury 

process. They must be comfortable during the course of a trial, and be able to focus on the evidence 

and not the risk of a COVID-19 infection. This assurance is best conveyed when all of the factors 

that jurors experience are taken into consideration. Such factors include their home situations, 

transportation to the courthouse, safety within the courthouse, and concerns regarding being away 

from home.

III. Deciding the Level of Personal Protective Equipment to be Worn

A. Preliminarily, each court will need to determine the level of personal protective

equipment (“PPE”) that is necessary for the public, attorneys, press, witnesses, and 

jurors. This should be determined first and communicated directly to the courthouse 

and the public in as many forums as possible, including issuing a court order. Open 

questions remain as to whether there will be any successful national procurement for 

any PPE or other mitigation tools. In the interim, courts should procure these items 

locally and charge the costs to their local salaries and expenses budget for consumable 

disposable supplies. Courts will need to determine how their PPE order will be 

enforced prior to entering the order.

B. Determine whether your court will provide PPE or whether you will allow jurors to 

bring their own PPE, recognizing the risks involved in outside PPE including: 1) 

contaminated/ un-sanitized PPE brought into the courthouse and courtroom; 2) jurors 

failing or refusing to bring their own PPE; and 3) political statements or otherwise 

controversial or inciteful personalized masks.

C. If face coverings will be used during proceedings, consider whether all parties must 

agree to their use, or if their use will be a court-wide policy. 

D. Consider developing standard procedures for situations where a juror exhibits 

symptoms of illness during the trial. Consider whether to isolate or excuse that juror 

and how to inform the rest of the jury of the illness.

IV. First Communications with Prospective Jurors

A. Consider providing information to the public on the court’s website (perhaps a video 

by the Chief Judge) about steps being taken to create a safer environment in the 

courthouse. Walk through the various stages of being a juror, including gathering 

together, jury selection, sitting through trial, deliberating, and coming and going from 

the courthouse. Explain how the court is addressing safety throughout each of these 

stages. Additionally, consider placing a section on the court’s website that is

specifically for jury duty, explaining how the court is addressing safety at each stage 

as described above. Possibly consider adding a “most frequently asked questions about 

serving my civic duty in the time of COVID-19” section to the court’s website. Courts 

could also designate a phone number for prospective jurors to call and ask specific 

questions related to COVID-19. 

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B. To proactively address juror concerns, consider sending out a one-page document to 

prospective jurors with the summons explaining the steps that the court is taking to 

keep them safe. This document should also contain the individual court’s order 

regarding masks and other PPE that may be required of jurors while serving. 

C. Consider requiring jurors to complete a COVID-19 supplemental jury questionnaire 

that asks relevant medical questions, including whether they or someone close to them 

has been diagnosed with COVID-19; when they were diagnosed with COVID-19; and 

whether they have recovered from COVID-19 or are caring for someone who has the 

illness. Consider asking whether they suffer from a comorbidity that would make them 

a higher risk for infection if they were to become ill and require that the condition be 

listed on their questionnaire. Consider possibly stating that answering the medical 

questions is solely for the purpose of determining whether a juror can serve and the 

answers to the questions will be filed under seal. 

D. Courts should consider an attestation clause for jury questionnaires making them 

subject to the penalties of perjury. 

E. Questionnaires could be distributed by mail for prompt completion and returned via 

eJuror, if possible. Because the questionnaires will be sent weeks prior to trial, the 

answers to health questions will be stale by the time the jurors report. Therefore, 

consider ways to obtain updated information within 48 hours of the jurors’ report-time.

F. Consider using a supplemental questionnaire on the day service begins to obtain upto-date information regarding the prospective jurors’ health and potential exposure to 

individuals with COVID-19. Possibly implement a call-in number where prospective 

jurors can call in and report that they are symptomatic so that they do not report in

person for service. A staff member could also call each prospective juror the day before

service begins to see if the juror is healthy.

V. Prospective Juror COVID-19 Questionnaire Content

A. Courts should consider whether the court and counsel should concur in the contents of 

the questionnaire or whether the court wants to create a committee to prescreen

prospective jurors. 

B. Inquire into health concerns, health fears, vulnerability to coronavirus, and issues 

concerning family exposure, vulnerability, or risk.

C. Consider asking questions regarding juror availability due to the pandemic (work, 

childcare, family needs, etc.) and require detailed explanations.

D. Consider asking questions regarding the usual general biographical information 

previously and typically addressed in open court (e.g., occupation of juror, spouse, and 

adult children; pretrial publicity; past jury service—number of jury cases sat on, civil 

v. criminal, verdicts in each, etc.). 

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VI. Prescreening of the Jury Questionnaires

A. Consider how to prescreen the jury questionnaires and determine whether the presiding 

judge and counsel or a committee of judges will prescreen juror responses to these 

questionnaires when jurors have expressed an inability to serve. Consider conducting 

an initial screening, eliminating certain jurors prior to coming into the courthouse and 

requiring others to appear for selection. Consider insufficient answers or failures to 

respond as a reason to proceed to summon that person for further inquiry. Consider 

how the questionnaire can be –recognize the risk of not having

B. Plan for a higher number of jurors requesting to be excused based on health concerns 

and develop criteria for evaluating such requests based on CDC guidelines.

C. Plan for a lower yield from the jury pool during the pandemic. Even healthy jurors not 

considered particularly vulnerable to COVID-19 may hesitate to serve for a variety of 

reasons: to avoid the risk of exposing other members of their household to the virus; 

to care for children who no longer have school or summer activities to attend; to look 

for work if they have recently lost their employment; or because they have recently 

returned to work and cannot afford to take leave.

D. Plan for the loss of a greater number of seated jurors during the pandemic due to illness 

or the need to care for sick family members. An effective contact-tracing program will 

likely cause loss of jurors due to a required, immediate self-quarantine after exposure

to COVID-19. Take into consideration the possibility of losing jurors during trial when 

considering the number of alternate jurors to seat in criminal cases and overall number 

of jurors to seat in civil cases. Avoid falling below constitutional minimums and be 

prepared to address law concerning when waivers of constitutional minimums may be 

sought or granted.

E. If able, keep statistics of questionnaires sent, excuses requested due to virus concerns,

the number of people excused over virus concerns, and other factors considered useful 

for continued jury management. (Add unique COVID-19 excuse code in Jury 

Management System (JMS) to track juror deferrals and excuses.) Courts should 

monitor closely, and maintain statistics on, the impact these excusals and deferrals may 

have on minority representation.

F. Order the questionnaires be filed under seal under the compelling interest that sensitive 

health information of the venire has been revealed.

VII. Preparing for Juror Travel to and Presence in the Courthouse

A. Consider whether to reimburse jurors for parking, which is reimbursable under the Jury 

Act. In urban courts, where public transportation has been a reimbursable expense, 

parking may be reimbursed instead. Of course, the court should consider the significant 

cost increase. 

B. Taxis and ride sharing services are NOT reimbursable as a public transportation 

equivalent “unless in an emergency situation the clerk of court specifically authorizes 

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the use of a taxicab as essential to the expeditious performance of a juror’s duties.” 

Guide to Judiciary Policy, Vol. 4, sec. 365.50.25(b). It is unclear at this time whether 

travel in taxis or ride sharing services is appreciably “safer” compared with some 

traditional forms of public transportation, especially as those systems adopt their own 

measures to limit the spread of the virus.

VIII. Space Preparation

A. Paths of Travel: Plan paths of juror travel from the entrance into the courthouse to 

rooms within the courthouse. Place social distancing markers around courthouse, in 

and near restrooms, and by elevators. Also, limit the number of riders per elevator, 

which may necessarily delay juror travel around the courthouse. Consider use of 

stairwells as alternatives to elevators and have stairwells marked with appropriate 

signage to ensure safe use. Consider having a cleaning staff member to continually 

spray and wipe down handrails used by anyone in the courthouse throughout the day.

B. Courtrooms: Create a space plan for courtroom(s) to allow for social distancing. Use 

the largest courtrooms for this purpose or consider using multiple rooms with video 

connections between rooms.

1. Consider using a designated and shared courtroom to facilitate deep cleaning 

between trials and to minimize the retrofitting costs of the courtrooms, at least 

during a transitional phase. Using one courtroom on an experimental basis 

during an ongoing pandemic may allow for the testing and modification of 

safety precautions before courthouse-wide application.

2. Consider conducting a mock trial in a designated and modified courtroom with 

OFPD, USAO, Clerk’s Office, court reporter, and chambers personnel to test 

new equipment and trial procedures before implementation in a real trial. 

3. Consider courtroom reconfiguration, such as placing jurors in the gallery 

section of the courtroom and having the witness stand (table, box or mere seat) 

facing the gallery and lawyer tables. A podium could be placed off to the side. 

C. Common areas: Restrict access to common areas, including juror amenities (water/ice, 

magazines, etc.). Consider expanded use of hand sanitizer stations in common areas.

D. Restrooms: Consider whether to restrict restroom facilities in jury areas only or access 

to all public restrooms. Consider additional special signage regarding importance of

proper hand washing in the restroom and nearby public spaces. 

E. Cleaning: Consider plans for deep cleaning all juror-occupied spaces after each 

session. Consider providing hand sanitizer and bleach wipes at the witness stand. A 

court employee or the witnesses themselves could wipe off the witness stand after each 

use. Although such may not be medically necessary in light of new findings regarding 

the virus’s limited ability to survive on surfaces, such precautionary measures could 

be taken by a court. Consider consulting with your local public health officials for 

current medical guidance on cleaning.

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F. Consider creating a hotline to report unsanitary conditions and conduct.

IX. Arrival on the Day of Jury Service

A. Consider placing signage at courthouse entrances explaining the court’s response to 

COVID-19 and reminding individuals to maintain proper social distancing while going 

through security lines and while inside the courthouse. Consider placing tape marks on 

the floor for proper distancing of jurors, attorneys, and members of the public waiting 

in the security line. Work with GSA or the lessor to implement a temporary signage 

program regarding your court’s order regarding PPE.

B. Depending on your court’s decision regarding the wearing of masks, place signage 

describing that decision. If your court decides that masks shall always be worn, have 

masks available at the security line for those who have entered without wearing one.

C. Consider having free-standing hand sanitizer stations at each security line.

D. Consider having clearly marked signs for jurors directing them to the gathering area. 

If your courthouse has more than one gathering area, consider dividing those areas by 

juror number. For example, the sign might read: “Jurors whose summons ends in an 

even number shall meet in Room 221.”

E. Consider verifying the juror’s current situation with a short questionnaire at the time 

of check-in. 

X. Gathering Jurors in a Safe Environment

A. Determine the access route for the jurors from the entrance of the courthouse to the 

gathering room and determine what hygiene methods will be employed to maintain a 

safe access route. If using a stairwell, consider having an employee of the cleaning 

staff wipe down the handrails throughout the day as jurors enter. If an elevator is used, 

measure the distance within the elevator to determine whether an employee will need 

to monitor the number of individuals in the elevator at one time. Consider placing 

markers in the elevator on the floor indicating where each person should stand.

B. Stagger times for jurors to arrive in smaller groups (alphabetically by last name or by 

number) to enable social distancing. 

C. Once in the jury room, consider best methods for checking in. Some courts use kiosks; 

consider disabling them due to the risk of COVID-19. These should be deployed for a 

more traditional check-in with a jury department employee.

D. Consider using large areas or rooms in your courthouse for the jury assembly including 

the jury assembly room or large courtrooms. Consider how jury movement will be 

impacted within the courthouse.

E. Consider whether in some courthouses, the jury assembly area could be bypassed.

Instead, bring jurors directly to the courtroom, and have them processed immediately 

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outside the courtroom. The orientation, including the Chief Judge video, could be 

played inside the courtroom. Consider having assigned seats for jurors, even during 

jury selection.

F. Consider advising jurors to bring their own writing instruments, reading materials, 

water bottles, snacks, and lunches. For the health of the jurors and the court staff, 

whether the court provides these items or jurors are instructed to bring them to the 

courthouse, the jurorsshould be further instructed to keep all such items separated from 

other jurors’ similar items.

G. This information can be reiterated when jurors call in to the court to check on the status 

of their service.

XI. Staff Interaction with Jurors

A. Consider asking reporting jurors to self-report to the jury staff any symptoms they may 

have that morning before entering the courthouse.

B. Train staff to limit contact with jurors and documents that jurors’ have handled.

C. Ask jurors to hold up documentation (summons and driver license) for scanning and 

review.

D. Use pre-printed, large stick-on labels for juror badges instead of plastic ones with pins 

to reduce contact with jurors.

E. Determine how to handle juror check-in on subsequent trial days. Consider using a 

check-in sheet completed and touched only by the courtroom deputy.

F. Consider installing a plexiglass shield to separate court staff from jurors at customer 

service points or counters since appropriate social distancing is not possible in these 

encounters, similar to the situations faced by checkers at grocery stores.

G. Juror orientation should include a review of the steps the court is taking to increase 

juror safety. Remind jurors of the steps they must take for their enhanced safety, 

including frequent hand washing, and so forth. 

H. Consider adding a supplemental video from the Chief Judge or other local personality 

that covers the need to social distance and maintain safety while stressing the need to 

continue jury trials and the appreciation for those who serve.

I. Consider using tape to mark seats where jurors are permitted to sit enabling the court 

to have proper social distancing in the jury assembly room, or remove chairs, if 

possible, placing them the appropriate distance apart.

J. Consider providing hand sanitizer near any electronic device plug-in area where jurors 

may be charging electronic devices and a sign informing the prospective jurors to use 

the sanitizer if they use the area.

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K. Remove magazines and newspapers from jury assembly and deliberation rooms, and 

encourage jurors to bring their own reading material.

L. Decide how prospective jurors will eat lunch. Analyze the risks of allowing outside 

food, use of the cafeteria, and allowing jurors to leave and return. If prospective jurors 

have been medically screened, consider having a designated area outside away from 

the general public to get fresh air at lunchtime. If your court permits the use of vending 

machines, consider providing disposable gloves and add signage regarding the use of 

the gloves.

M. Work with GSA to discuss air flow patterns in the gathering room. Consider adjusting

the HVAC for optimal air replacement in those areas.

XII. Preparing the Courtroom for Jury Selection and Trial

A. Consider consulting with public health experts to help design or retrofit safe courtroom 

environments and to review your proposed jury reconstitution plan. Some jury boxes 

may be altered by adding minimal changes like risers on each side, but others may 

need more significant changes such as moving the box parameters. Each chair must be 

socially distanced from the chair to either side.

B. Each court will determine what level of PPE must be used, and this will vary 

significantly between states and districts. Once this decision is made, consider whether 

masks should be worn all day by all individuals in the courtroom, or by only certain 

individuals based on the infrastructure that has been created. Some courts may consider 

clear face shields or plexiglass dividers, which may impact this decision. 

C. Consult with your IT department regarding the placement of microphones for sidebars, 

juror voir dire, court reporting, the viewing of electronic evidence, and remote 

presentation of proceedings. 

1. Determine whether there are sufficient stationary microphones in the voir dire 

area for prospective jurors to be heard so that hand-held microphones are not 

being passed.

2. If sidebars are to be conducted, consider how these will take place. If the 

courtroom is large enough, tape the floor for proper placement of the attorneys 

and the prospective juror and the judge. A court reporter can remain at her place 

at the bench rather than being exposed to the sidebar if she uses a microphone 

at the sidebar location and headphones. Consider having your IT department 

arrange this set-up for court reporter safety. 

3. Consider methods to permit attorneys and clients to speak confidentially while 

in court, including the use of a closed-circuit telephone system, computers, 

laptops or iPads; and providing break out rooms for counsel for attorney/client 

communications.

D. Consult with GSA or the lessor to determine what HVAC modifications may be made 

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regarding air flow and air sanitization in the courtroom.

E. Consider signage on the outside of the courtroom regarding your court’s order 

regarding PPE and where the public may sit in the courtroom. 

F. Consider streaming the trial live in another space or unused courtroom if there is little 

or no room for the public, or if the trial is high profile or being closely covered.

G. When social distancing is not possible, consider using plexiglass dividers in 

appropriate places in the courtroom if necessary.

H. When prospective jurors are gathering for jury selection, consider bringing smaller 

groups into the courtroom for voir dire to keep fewer people in the courtroom at any 

one given time. Consider, for example, questioning only 12 to 14 at any time. 

I. Instruct jurors that, after they have completed their duty, the Employee Assistance 

Program (EAP) services are available to them for assistance required as a result of their 

serving during the time of COVID-19. This service is not available to grand jurors.

XIII. Considerations for Jury Selection and Trial

A. Some courts might consider in civil cases, or in criminal cases with consent, virtual 

voir dire with prospective jurors participating from home via videoconferencing 

technology. Understand that under the Jury Act this might prevent payment for the jury 

service.

B. Consider preparing a procedure to implement when privacy concerns compel 

individual voir dire. Consider where such an individual voir dire will occur, how social 

distancing norms will be respected, and who will be present, noting in a criminal case,

the general right of a defendant to be present for all proceedings. Consult with your IT 

department to determine whether a headset can be given to the defendant to hear the 

sidebars while remaining seated at the table.

C. Consider continuance motions more favorably given the difficulties in preparation by 

both sides. Special consideration must be addressed for criminal cases on a speedy trial 

clock. If a motion for a continuance is filed by an attorney, consider putting the 

defendant under oath and asking her if she agrees with the continuance. Note 18 U.S.C. 

§ 2509 provides that the government may ask to prioritize a criminal trial with minor 

victims over other criminal trials.

D. Hearings on pretrial and posttrial motions and jury-charge conferences should be 

conducted in a manner that assures appropriate social distancing in the courtroom.

E. Communicate to all participants in the jury trial the mask rule that your court has 

implemented. Consider the possible inconsistency if jurors must wear masks to help 

protect others, but the attorneys are not required to wear masks that would help to 

protect jurors.

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1. Consider allowing attorneys to conduct examinations and arguments with 

masks in the courtroom or to move to a nearby courtroom or room so that they 

may proceed without a mask via videoconferencing technology, at their choice. 

Consider implementing the same rule for witnesses, except in criminal trials 

where the court should address Confrontation Clause issues with the parties 

pretrial. Be aware of the significant Confrontation Clause issues if a witness is 

testifying by closed-circuit television.

2. Consider disposable headphones for interaction between attorney and client. 

Consider providing to the defense attorney and the defendant an iPad with 

FaceTime or a similar app so that they may communicate with each other on 

breaks, especially where the defendant is in custody and may be in the lock-up.

3. Work with the U.S. Marshal in the district to determine a private area for 

attorney-client communication to occur during the break.

4. After each break in the trial, whether overnight or midday, ask the defendant 

whether he was able to speak to his attorney and place the answer on the record.

F. Selection/Seating

1. Limit Jury Trials: Within a courthouse, limit the number of jury trials that start 

on a given day to reduce the population in the jury assembly room or other 

staging areas to allow for social distancing. Coordinate schedules with other 

courthouse activities to help minimize entry queuing.

2. Consider on and off days for different judges. Consider dividing judges into an 

A group and a B group. The A group will be in the courthouse on certain days 

while the B group works from home. 

3. For large courthouses, schedule only one trial per floor to minimize movement.

4. Assign seats to jurors, including during voir dire. Consider either individual 

voir dire, or a combination of group and individual voir dire. For individual 

voir dire, leave the jurors in the courtroom in assigned seats, and use a separate 

room or courtroom for the individual voir dire.

5. Consider seating jurors in designated spaces in the gallery section in a manner 

that assures appropriate social distancing.

6. To maintain appropriate social distance, as jurors arrive in the courtroom, 

consider seating them in the room front to back, left to right, row by row. Exit 

jurors in reverse for break or lunch.

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G. Audio and Record Taking

1. Place microphones on each side of the bar entrance and direct that the juror 

being questioned speak from there. Consider marking the standing location on 

the floor.

2. Consider using “shotgun” microphones for jurors, which will allow jurors to 

keep a safe distance from the microphone. For the lawyers and judge, consider 

using some covering (such as a small Ziploc bag) over the head of the 

microphone which could be changed between use.

3. The court reporter could take record remotely from outside the courtroom,

remain at the usual station with appropriate social distancing, or move to a 

different location as warranted.

H. Court Interpreting 

1. Infrared assistive listening devices are typically available in all hearing rooms 

and allow the interpreter to listen to what the parties are saying without the 

need to be up close to anyone. Using a second channel, which is routine in the 

courts, the interpreter can also interpret simultaneously for the party in need of 

services without having to get overly close to the parties. 

2. The use of remote interpretation, generally by video, continues to gain 

popularity and may continue as the primary source of interpreting services for 

a while. Enhanced awareness is suggested from the parties, as the system may 

lag at times, speech may be choppy, and sound quality may not be optimal.

I. Evidence presentation

1. Add a large monitor for the gallery on the defense-side of courtroom or, budget 

and rules permitting, multiple monitors for jurors and the gallery to view 

evidence.

2. Use JERS or another similar system for evidence presentation to eliminate the 

need for more than one individual to handle evidence.

3. Instruct jurors that only one juror is allowed to use the mouse to operate JERS 

or other automated system. The mouse may also be covered with a plastic 

covering that may be disposed of each night.

4. Consider adding additional monitors so jurors at appropriate social distances 

will have equal visibility and access to documentary or other physical evidence.

5. Consider having the attorneys brief legal issues that are specific to conducting 

trial during a pandemic prior to the final pretrial conference.

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J. Sidebar

1. Court and counsel could use a deliberation room or an unused courtroom for 

sidebars.

2. Consider using wireless headphones connected through the courtroom audio 

system for court, counsel, and the court reporter. Consider alternatives such as 

the use or expanded use of white-noise machines to mask sidebar conferences 

when such conferences are held in the presence of others. Consider use of 

microphones, earpieces and real-time transcription feeds on designated 

channels to facilitate sidebar conferences that maintain social distancing but 

cannot be heard by jurors or others present in the courtroom.

3. Consider developing a “sidebar” app that allows lawyers to submit issues and 

the court to rule on them electronically.

K. Counsel 

1. Add tables with skirting and presentation equipment perpendicular to existing 

counsel tables, extending defense table as far as possible toward the anteroom 

door without blocking access.

2. Counsel should address the court and argue to the jury from counsel tables or 

podiums placed at the elbow of an L-table arrangement.

3. Consider floor signage and other markings to restrict and direct movement in 

the courtroom for all trial participants. 

4. Parties must present evidence electronically, using a computer or document 

camera (no handing paper to the witness).

5. The presiding judge should caution counsel not to approach the witness any 

closer than six feet. Video mute options on the electronic system should be used 

to identify and present an exhibit for admission.

6. Consider setting up a “mock” courtroom to test lines of sight and the use of 

various technologies that might not otherwise be used during trial (e.g., an iPad 

for each juror).

L. Defendants in Criminal Cases

1. Consider how to protect a defendant’s rights to consult with his attorney and 

confront witnesses while using the protective measures necessitated by 

COVID-19.

2. Consider specific guidance and develop reasonable accommodations to allow 

for socially distanced attorney-client conferences during trial. Possibilities 

include dedicated secure text-messaging capability to allow counsel and client 

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to communicate midtrial. Consider separate secure and adequate space for such 

conferences to be held outside the courtroom setting if necessary. Consider use 

or expanded use of white-noise machines to mask privileged conversations. 

Have defense counsel accept on the record the setup for the courtroom once the 

issues are briefed by the parties. 

3. If defendant is in custody, make certain that the new configuration of the 

courtroom does not reveal his in-custody status. Take the same precautions you 

would in the past to prevent the jury from seeing/hearing shackles, handcuffs, 

prison garb, etc.

4. Plan for objections from counsel based on an inability to read jurors’ 

expressions in response to testimony, evidence, objections, and judges’ rulings, 

among others. Address the courtroom layout and the courtroom rules in the 

final pretrial conference so that the attorneys can raise objections at that time.

5. When deaf/hearing-impaired staff, defendants, or others are involved in a 

proceeding, consider providing participants with clear face coverings or clear 

face shields to allow the mouth to be visible. Create a plan for cleaning each 

night the court-provided individual hearing devices used by lawyers, witnesses,

or jurors.

M. Spectator Seating

1. If the courtroom does not have sufficient space to seat spectators and the jury 

with appropriate social distancing, spectators could watch trial proceedings 

remotely in the jury assembly room or other unused courtroom with appropriate 

spacing.

2. Alternately, in courts with rules and technology allowing for it, spectators could 

watch trial proceedings remotely at locations other than the courthouse through 

videoconferencing.

N. Witnesses

1. If your court requires witnesses to be sworn in on a Bible or other book, 

consider placing the book on or near the witness stand, under clear, single-use 

plastic covering.

2. Witnesses could sit below the bench facing the gallery at a skirted table or 

witness box with presentation equipment.

3. Witnesses could wait in attorney conference rooms or the grand jury room as 

necessary to maintain social distance. Note that special witnesses are given 

more protection under 18 U.S.C. § 3509 and must have a separate room for 

waiting. Take this into account when determining where they will wait because 

they also are entitled to enter the courtroom differently.

Case 2:18-cr-00422-DJH Document 1119-1 Filed 02/02/21 Page 15 of 19
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Ver. 6/5/20

4. Consider having witnesses questioned from counsel tables or placing a podium 

at the elbow of an L-table arrangement.

5. Witnesses could be located across from the jury box instead of beside the 

judge’s bench. Any location should be considered to improve social distancing 

and limit movement within the well of the courtroom. 

6. Consider issues of credibility determination by the jury if the witness is wearing 

a mask during testimony.

7. Consider issues of procedures for in-court identification by witnesses when all 

participants are wearing masks. Have the parties brief whether they intend to 

have an in-court identification and, if so, how that will be performed to be 

certain that the Confrontation Clause is protected.

8. Consider allowing testimony from witnesses through live video streaming, if 

allowed by rule and the Constitution or with consent of the parties.

O. Breaks in Proceedings

1. Consider the best manner in which bathroom breaks may proceed with proper

social distancing.

2. Consider where the jury can meet on breaks with proper social distancing and 

whether they should bring their materials with them. 

3. Recognize that a significant component of jury collaboration comes from their 

interactions with each other outside the presence of the judge and the attorneys 

as they gather and take breaks. Take care not to separate the jury on these 

breaks because factions and coalitions could unwittingly be forming. 

P. Additional Considerations

1. Consider placing individual supply bags on jurors’ assigned seats before they 

arrive in the courthouse. Such supply bags should include hand sanitizer wipes 

or individual hand sanitizers and individual trial notebooks.

2. Consider placing a cubby-hole type organizer in the jury room labeled with the 

jurors’ names for personal belongings and for juror notebooks so that they are 

not comingled.

3. Consider a protocol for the use of the refrigerator and microwave in the jury 

room, such as clearly marked individual containers or bags and the use of 

gloves to access the refrigerator and microwave.

Case 2:18-cr-00422-DJH Document 1119-1 Filed 02/02/21 Page 16 of 19
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Ver. 6/5/20

XIV. Deliberations

A. Consider having the jury deliberate in a vacant courtroom or other large space, such as 

a jury assembly room, to allow greater social distancing. Consider requiring that the 

deliberation area be cleaned and disinfected after each day’s use.

B. Ensure that no one is able to stand outside the doors and overhear jurors during 

deliberations, as they will presumably be talking louder than usual because of social 

distancing. Consider posting a CSO outside the courtroom door and locking the door. 

C. Notetaking/Questions

1. Direct the jury to tell the CSO waiting outside the deliberation room when they 

have questions or a verdict.

2. Consider having only the jury foreperson write jury questions and complete the 

verdict form.

3. Have a large supply of single-use notebooks and pens on hand.

4. Have jurors store their own notebooks and pens at the end of the trial day in the 

jury room. Consider providing each juror a large envelope for individual 

storage.

D. Lunch/snacks: Consider having lunch delivered to jurors at their expense in order to 

avoid their leaving the courthouse. Only if a judge enters an order that the jurors are to 

be sequestered for their safety because the virus is not contained in that community,

may the lunches be charged to the juror fee appropriation. 

E. If the parties consent, consider allowing verdicts to be delivered by a unanimous jury 

of ten or fewer in criminal trials. See Fed. R. Crim. P. 23(b) (requiring stipulation of 

the parties for verdict by fewer than eleven jurors); Williams v. Florida, 399 U.S. 78, 

103 (1970) (six-member jury constitutionally permissible); Ramos v. Louisiana, No. 

18-5924, 2020 WL 1906545, at *9 (U.S. Apr. 20, 2020) (unanimous verdict 

constitutionally required).

F. Dispose of pens and juror notebooks after each trial or, alternatively, request that jurors 

use their own pens.

G. For post-verdict questions, consider using an online questionnaire or mailing the court 

questionnaire (if any) to jurors.

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XV. Grand Jury Considerations

A. Consider all recommendations for petit juries above.

B. Prescreen grand jurors on health or hardship issues to ensure a quorum. Consider if 

it is necessary to call all 23 persons on the grand jury panel. Consider bringing in less 

than the 23 persons in order to make a quorum of 16. 

C. The court should consider having the Chief Judge or a Jury Liaison Judge to 

determine excusal of sitting grand jurors.

D. Consider using the largest courthouse rooms to allow maximum social distancing.

E. Consider reduced frequencies of sittings.

Case 2:18-cr-00422-DJH Document 1119-1 Filed 02/02/21 Page 18 of 19
cdc.gov/coronavirus

The purpose of this tool is to assist employers in making (re)opening decisions during the COVID-19 pandemic, 

especially to protect vulnerable workers. It is important to check with state and local health officials and other 

partners to determine the most appropriate actions while adjusting to meet the unique needs and circumstances of 

the local community.

Should you consider 

opening?

✓ Will reopening be 

consistent with 

applicable state and 

local orders?

✓ Are you ready to 

protect employees at 

higher risk for severe 

illness?

Are recommended health and safety 

actions in place?

✓ Promote healthy hygiene practices

such as hand washing and 

employees wearing a cloth face 

covering, as feasible

✓ Intensify cleaning, disinfection, and 

ventilation

✓ Encourage social distancing

and enhance spacing between 

employees, including through 

physical barriers, changing layout 

of workspaces, encouraging 

telework, closing or limiting access 

to communal spaces, staggering 

shifts and breaks, and limiting large 

events, when and where feasible

✓ Consider modifying travel and 

commuting practices. Promote 

telework for employees who do not 

live in the local area, if feasible. 

✓ Train all employees on health and 

safety protocols

Is ongoing monitoring in place?

✓ Develop and implement 

procedures to check for signs 

and symptoms of employees 

daily upon arrival, as feasible

✓ Encourage anyone who is sick 

to stay home

✓ Plan for if an employee gets 

sick

✓ Regularly communicate 

and monitor developments 

with local authorities and 

employees

✓ Monitor employee absences 

and have flexible leave policies 

and practices 

✓ Be ready to consult with the 

local health authorities if there 

are cases in the facility or an 

increase in cases in the local 

area 

WORKPLACES DURING THE COVID-19 PANDEMIC

ALL ALL ALL

ANY

ANY

ANY

OPEN AND 

MONITOR

DO NOT 

OPEN

MEET 

SAFEGUARDS 

FIRST

MEET 

SAFEGUARDS 

FIRST

Case 2:18-cr-00422-DJH Document 1119-1 Filed 02/02/21 Page 19 of 19