Amended in Senate April 30, 2013

Senate Bill No. 315

Introduced by Senator Lieu

February 15, 2013

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

LEGISLATIVE COUNSEL’S DIGEST

SB 315, as amended, 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. begin insert Existing law permits a party to make appearances by telephone at specified conferences, hearings, and proceedings. end insert

This bill would begin delete make a nonsubstantive change to that provision. end delete begin insert expand the circumstances under which a party may appear by telephone to include all conferences, hearings, and proceedings except a trial and a trial readiness conference. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. 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 begin delete to end delete 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 begin delete the following
conferences, hearings, and proceedings: end delete begin insert any conference, hearing,
or proceeding, except a trial or trial readiness conference. end insert

begin delete

(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.

end delete begin delete

(2) A trial setting conference.

end delete begin delete

(3) A hearing on law and motion, except motions in limine.

end delete begin delete

(4) A hearing on a discovery motion.

end delete begin delete

(5) A conference to review the status of an arbitration or
mediation.

end delete begin delete

(6) A hearing to review the dismissal of an action.

end delete begin delete

(7) Any other hearing, conference, or proceeding if the court
determines that a telephone appearance is appropriate.

end delete

(c) The court may require a party to appear in person at a
hearing, conference, or proceeding begin delete listed in subdivision (b) end delete 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.