BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 315|
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THIRD READING
Bill No: SB 315
Author: Lieu (D)
Amended: 4/30/13
Vote: 21
SENATE JUDICIARY COMMITTEE : 6-0, 5/7/13
AYES: Evans, Anderson, Corbett, Jackson, Leno, Monning
NO VOTE RECORDED: Walters
SUBJECT : Civil actions: telephonic appearances
SOURCE : Consumer Attorneys of California
DIGEST : This bill expands the circumstances under which the
courts permit that a party may appear by telephone to include
all conferences, hearings, and proceedings, except a trial and a
trail readiness conference.
ANALYSIS :
Existing law:
1.Existing Rule of Court defines "general civil case" to mean
all civil cases except probate, guardianship, conservatorship,
juvenile, and family law proceedings (including proceedings
under Divisions 6-9 of the Family Code, Uniform Parentage Act,
Domestic Violence Prevention Act, and Uniform Interstate
Family Support Act; freedom from parental custody and control
proceedings; and adoption proceedings), small claims
proceedings, unlawful detainer proceedings, and "other civil
CONTINUED
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petitions" described as specified.
2.Provides that in all general civil cases, as specified, a
party that has provided notice may appear by telephone at
certain conferences, hearings, and proceedings.
3.Permits the court to require a party to appear in person at a
hearing, conference, or proceeding listed above 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.
This bill:
1.Replaces the list of conferences, hearings, and proceedings
for which a party may currently appear by telephone to instead
provide that in all general civil cases, as defined in the
California Rules of Court, a party that has provided notice
may appear by telephone at any conference, hearing, or
proceeding, except a trial or trial readiness conference.
This bill will not modify the ability for a court to require a
party to appear on a hearing-to-hearing basis under existing
law.
2.Makes other conforming changes.
Background
In 2007, AB 500 (Lieu, Chapter 268, Statutes of 2007), sought to
address the lack of uniformity in courts' practices in allowing
attorneys to appear by telephone at various conferences and
hearings, and a strong concern of both plaintiffs' and defense
bars that disparate court practices result in attorneys being
required to attend court hearings and conferences in person when
a telephonic appearance would have been sufficient. Those
stakeholders noted that requiring personal appearances in such
cases was inefficient, expensive, and burdensome. As a result,
that bill was enacted to expand upon the types of proceedings at
which telephonic appearances could be made by parties.
Prior Legislation
AB 1582 (Wagner, 2012), among other things, would have added to
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the list of conferences, hearings, and proceedings for which
telephonic appearances are permitted. This bill died in
Assembly Judiciary Committee.
AB 500 (Lieu, Chapter 268, Statutes of 2007), (See Background).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/9/13)
Consumer Attorneys of California (source)
Conference of California Bar Associations
ARGUMENTS IN SUPPORT : According to the author's office, the
use of telephonic appearances has existed in California since
1987 - Cal[.] Gov[.] Code [Sec.] 68070.1 (repealed by Chapter
268). The existing law is wide[ly] used with much success. SB
315 builds upon the existing provisions relating to telephonic
appearances and further liberalizes their usage. It permits a
party in a general civil case that has provided notice, to
appear by telephone at certain hearings and proceedings.
(AL:nl):ej 5/10/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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