Executive Summary

The Ad Hoc Committee on Civil Remote Appearance Rules recommends that the Judicial Council adopt rules of court and forms to implement new Code of Civil Procedure section 367.75, enacted in Senate Bill 241 (Stats. 2021, ch. 214). The new statute, which will be in effect from January 1, 2022, until July 1, 2023, authorizes remote proceedings in all civil cases. The statute also mandates that the council adopt rules regarding certain deadlines and procedures, which are reflected in this proposal. The proposal also includes forms to facilitate parties’ and courts’ compliance with the new statutory provisions. In addition, the committee recommends amending the various current telephone appearance rules, to suspend them in part while this new rule is in place, and revoking the current telephone appearance forms, which will be replaced by some of the new forms proposed here.

Recommendation

The Ad Hoc Committee on Civil Remote Appearance Rules recommends that the Judicial Council, effective January 1, 2022:

1. Adopt California Rules of Court, rule 3.672;
2. Amend California Rules of Court, rules 3.670, 5.9, 5.324, 5.482, 5.531, and 5.900;
3. Adopt Notice of Remote Appearance (form RA-010) and Opposition to Remote Proceeding at Evidentiary Hearing or Trial (form RA-015);
4. Approve Order Regarding Remote Appearance (form RA-020), Request to Appear Remotely—Juvenile Dependency (form RA-025), and Request to Compel Physical Presence—Juvenile Dependency (form RA-030); and
5. Revoke Notice of Intent to Appear by Telephone (form CIV-020), Request for Telephone Appearance (Governmental) (form FL-679), and Information Sheet—Request for Telephone Appearance (Governmental) (form FL-679-INFO).

The proposed new and amended rules and new and revoked forms are attached at pages 30–58.

Read the official circulating order.