BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 315| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 315 Page 2 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 SB 315 Page 3 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 **** END ****