SB 315, as introduced, Lieu. Civil actions: telephonic appearances.
Existing law provides that courts should, to the extent feasible, permit parties to appear by telephone at appropriate conferences, hearings, and proceedings in civil cases to improve access to the courts and reduce litigation costs.
This bill would make a nonsubstantive change to that provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 367.5 of the Code of Civil Procedure is
2amended to read:
(a) It is the intent of this section to promote uniformity
4in the procedures and practices relating to telephone appearances
5in civil cases. To improve access to the courts andbegin insert toend insert reduce
6litigation costs, courts should, to the extent feasible, permit parties
7to appear by telephone at appropriate conferences, hearings, and
8proceedings in civil cases.
9(b) Except as provided in subdivision (c), in all general civil
10cases, as defined in the California Rules of Court, a party that has
11provided notice may appear by telephone at the following
12conferences, hearings, and proceedings:
P2 1(1) A case management conference, provided the party has made
2a good faith effort to meet and confer before the conference as
3required by law and has timely served and filed a case management
4statement.
5(2) A trial setting conference.
6(3) A hearing on law and motion, except motions in limine.
7(4) A hearing on a discovery motion.
8(5) A conference to review the status of an arbitration or
9mediation.
10(6) A hearing to review the dismissal of an action.
11(7) Any other hearing, conference, or proceeding if the court
12determines that a telephone appearance is appropriate.
13(c) The court may require a party to appear in person at a
14hearing, conference, or proceeding listed in subdivision (b) if the
15court determines on a hearing-by-hearing basis that a personal
16appearance would materially assist in the determination of the
17proceedings or in the effective management or resolution of the
18particular case.
19(d) Consistent with its constitutional rulemaking authority, the
20Judicial Council shall adopt rules effectuating the policies and
21provisions in this section by January 1, 2008, and may adopt rules
22relating to matters not covered by subdivision (a). The rules may
23prescribe, but are not limited to prescribing, the notice to be given
24by a party requesting a telephone appearance under subdivision
25(a), the manner in which telephone appearances are to be
26conducted, the conditions required for a party to be permitted to
27appear by telephone, and provisions
relating to the courts’ use of
28private vendors to provide telephone services.
29(e) This section does not apply to any types of cases or types
30of conferences, hearings, and proceedings except those specified
31in subdivision (b). Consistent with its constitutional rulemaking
32authority, the Judicial Council may by rule provide for the
33procedures and practices, and for the administration of, telephone
34appearances for all types of cases and matters not specified in
35subdivision (b). For these other cases and matters, the Judicial
36Council may specify the types of cases and matters in which parties
37may appear by telephone, the types of cases and matters in which
38parties shall appear personally, the conditions under which a party
39may be permitted to appear by telephone, and any other rules
P3 1governing telephone and personal appearances that are within its
2rulemaking authority.
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