BILL NUMBER: AB 500	CHAPTERED  10/05/07

	CHAPTER  268
	FILED WITH SECRETARY OF STATE  OCTOBER 5, 2007
	APPROVED BY GOVERNOR  OCTOBER 5, 2007
	PASSED THE SENATE  AUGUST 30, 2007
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2007
	AMENDED IN SENATE  AUGUST 27, 2007
	AMENDED IN SENATE  JUNE 12, 2007

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 20, 2007

   An act to add Section 367.5 to, and to repeal Sections 575.5,
575.6, and 1006.5 of, the Code of Civil Procedure and to repeal
Section 68070.1 of the Government Code, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 500, Lieu. Civil actions: telephonic appearances.
   Existing law regulates the procedure of civil actions and requires
that every action be prosecuted by the real party in interest,
except as specified. Existing law permits attorneys to make
appearances by telephone at trial setting conferences, except as
specified. Existing law requires the Judicial Council to adopt
standards of judicial administration governing the appearance of
counsel by telephone at conferences and hearings. Existing law
requires every superior court to provide for appearance of counsel by
telephone in certain matters.
   This bill would permit a party in a general civil case, as
defined, who has provided notice, to appear by telephone at specified
conferences, hearings, and proceedings. The bill would permit a
court to require a party to appear in person at these hearings,
conferences, or proceedings if the court makes a specified
determination on a hearing-by-hearing basis. The bill would require
the Judicial Council to adopt rules effectuating these provisions by
January 1, 2008. The bill would repeal existing provisions that
require the Judicial Council to adopt standards and procedures in
connection with appearances by telephone and the superior courts to
provide for appearances by telephone in certain matters. The bill
would also make a statement of legislative intent.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 367.5 is added to the Code of Civil Procedure,
to read:
   367.5.  (a) It is the intent of this section to promote uniformity
in the procedures and practices relating to telephone appearances in
civil cases. To improve access to the courts and reduce litigation
costs, courts should, to the extent feasible, permit parties to
appear by telephone at appropriate conferences, hearings, and
proceedings in civil cases.
   (b) Except as provided in subdivision (c), in all general civil
cases, as defined in the California Rules of Court, a party that has
provided notice may appear by telephone at the following conferences,
hearings, and proceedings:
   (1) A case management conference, provided the party has made a
good faith effort to meet and confer before the conference as
required by law and has timely served and filed a case management
statement.
   (2) A trial setting conference.
   (3) A hearing on law and motion, except motions in limine.
   (4) A hearing on a discovery motion.
   (5) A conference to review the status of an arbitration or
mediation.
   (6) A hearing to review the dismissal of an action.
   (7) Any other hearing, conference, or proceeding if the court
determines that a telephone appearance is appropriate.
   (c) The court may require a party to appear in person at a
hearing, conference, or proceeding listed in subdivision (b) if the
court determines on a hearing-by-hearing basis that a personal
appearance would materially assist in the determination of the
proceedings or in the effective management or resolution of the
particular case.
   (d) Consistent with its constitutional rulemaking authority, the
Judicial Council shall adopt rules effectuating the policies and
provisions in this section by January 1, 2008, and may adopt rules
relating to matters not covered by subdivision (a). The rules may
prescribe, but are not limited to prescribing, the notice to be given
by a party requesting a telephone appearance under subdivision (a),
the manner in which telephone appearances are to be conducted, the
conditions required for a party to be permitted to appear by
telephone, and provisions relating to the courts' use of private
vendors to provide telephone services.
   (e) This section does not apply to any types of cases or types of
conferences, hearings, and proceedings except those specified in
subdivision (b). Consistent with its constitutional rulemaking
authority, the Judicial Council may by rule provide for the
procedures and practices, and for the administration of, telephone
appearances for all types of cases and matters not specified in
subdivision (b). For these other cases and matters, the Judicial
Council may specify the types of cases and matters in which parties
may appear by telephone, the types of cases and matters in which
parties shall appear personally, the conditions under which a party
may be permitted to appear by telephone, and any other rules
governing telephone and personal appearances that are within its
rulemaking authority.
  SEC. 2.  Section 575.5 of the Code of Civil Procedure is repealed.
  SEC. 3.  Section 575.6 of the Code of Civil Procedure is repealed.
  SEC. 4.  Section 1006.5 of the Code of Civil Procedure is repealed.

  SEC. 5.  Section 68070.1 of the Government Code is repealed.