BILL NUMBER: AB 1582	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 2, 2012

   An act to amend Section 367.5 of the Code of Civil Procedure,
relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1582, as introduced, Wagner. Civil actions: telephone
appearances.
   Existing law authorizes a court to permit parties to appear by
telephone in designated conferences, hearings, and proceedings in
civil cases and to require, at its discretion, a personal appearance
in those matters if it would assist in the determination of the
proceedings or in the management or resolution of the case. Under
existing law, the Judicial Council was required to adopt rules by
January 1, 2008, prescribing the notice for telephonic appearances
and the procedure for conducting those appearances.
   This bill would require a court to permit a telephonic appearance
by parties and their attorneys and would expand the types of
hearings, conferences, and proceedings where those telephonic
appearances must be permitted by the court. The bill would specify
that this requirement is subject to the court's discretion, which may
require a personal appearance under the circumstances specified in
existing law. The bill would extend the time for the Judicial Council
to prescribe the notice and procedure for telephonic appearances to
July 1, 2013.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 367.5 of the Code of Civil Procedure is amended
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,  and reduce the
environmental impact associated with personal appearances, 
courts  should, to the extent feasible,   shall,
except as   provided by subdivision (c),  permit
parties  and their attorneys  to appear by telephone at
 appropriate  conferences, hearings, and proceedings
in civil cases  identified in subdivision (b)  .
   (b) Except as provided in subdivision (c), in all general civil
cases, as defined in the California Rules of Court, a  moving
 party or an opposing 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) 
    (3)  A hearing on a discovery motion. 
   (5) 
    (4)  A conference to review the status of an arbitration
or mediation. 
   (6) 
    (5)  A hearing to review the dismissal of an action.

   (6) An ex parte hearing.  
   (7) A motion to set aside a default or default judgment. 

   (8) A motion to quash.  
   (9) A demurrer or motion to strike.  
   (10) A motion for judgment on the pleadings.  
   (11) A status conference.  
   (12) A hearing on a motion for summary judgment or adjudication.
 
   (13) A motion to be relieved as counsel.  
   (14) A motion for good faith settlement or opposition to an
application for good faith settlement.  
   (15) A motion to tax or strike costs.  
   (16) A motion for attorney's fees.  
   (17) A motion for sanctions.  
   (18) A motion to continue trial.  
   (19) A motion to enforce a settlement or to enter judgment
pursuant to Section 664.6.  
   (20) A hearing on any law and motion matter not identified in
paragraphs (1) to (19), inclusive, except motions in limine.

   (7) 
    (21)  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   July
 1,  2008   2013  , 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.