Today's Law As Amended

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AB-1582 Civil actions: telephone appearances.(2011-2012)



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  courts,  reduce litigation costs, courts should, to the extent feasible, permit parties  and reduce the environmental impact associated with personal appearances, courts shall, except as provided by subdivision (c), permit parties and their attorneys  to appear by telephone at appropriate  conferences, hearings, and proceedings in civil cases. cases identified in subdivision (b). 
(b) Except as provided in subdivision (c), in all general civil cases, as defined in the California Rules of Court, a party  moving party or an opposing party  that has provided notice may appear by telephone at the following conferences, hearings, and proceedings:
(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. conference. 
(2) A trial setting conference.
(3) A hearing on law and motion, except motions in limine. a discovery motion. 
(4) A hearing on a discovery motion.
(5) (4)  A conference to review the status of an arbitration or mediation.
(6) (5)  A hearing to review the dismissal of an action.
(6) An ex parte hearing.
(7) A motion to set aside a default or default judgment.
(8) A motion to quash.
(9) A demurrer or motion to strike.
(10) A motion for judgment on the pleadings.
(11) A status conference.
(12) A hearing on a motion for summary judgment or adjudication.
(13) A motion to be relieved as counsel.
(14) A motion for good faith settlement or opposition to an application for good faith settlement.
(15) A motion to tax or strike costs.
(16) A motion for attorney’s fees.
(17) A motion for sanctions.
(18) A motion to continue trial.
(19) A motion to enforce a settlement or to enter judgment pursuant to Section 664.6.
(20) A hearing on any law and motion matter not identified in paragraphs (1) to (19), inclusive, except motions in limine.
(7) (21)  Any other hearing, conference, or proceeding if the court determines that a telephone appearance is appropriate.
(c) The court may require a party to appear in person at a hearing, conference, or proceeding listed in subdivision (b) 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 July  1, 2008, 2013,  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.