This article is intended to be informative only; it does not contain any legal, insurance, risk management, accounting, or other professional advice or create any professional relationships. You should seek the advice of a licensed professional in these fields in your state regarding any of the topics contained herein.
California Emergency Rules of Court: COVID-19
Author: David W. Collins, Esq., Vice President, Synergy Professional Associates, Inc.
California State Courts have adopted eleven “emergency rules” in response to the ongoing COVID-19 pandemic (https://www.courts.ca.gov/documents/appendix-i.pdf). These rules went into effect on April 6, 2020, and where relevant, will remain in effect until 90 days after the Governor of California declares that the COVID-19 related state of emergency is lifted (or until amended or repealed by the Judicial Council).
The emergency rules are largely intended to ease the burdens on courts resulting from the COVID-19 pandemic, including various rules specifically addressing usual “in-person” requirements. But these emergency rules will undoubtedly have a corresponding positive knock-on effect for law firms in various practice areas, which firms will receive some leeway to keep their practices running more easily during the COVID-19 state of emergency.
California Emergency Rules 9., 10., and 11. are especially relevant to firms with litigation practices, for example. All of the emergency rules applicable to a firm’s practice areas should be studied carefully and implemented immediately. Firms should also pay close attention to the date the “state of emergency” is lifted in California, as this will be the key “triggering” event for the lifespan of the emergency rules.
The emergency rules are outlined as follows:
Emergency Rule 1. Unlawful Detainers
Emergency Rule 2. Judicial Foreclosures
Emergency Rule 3. Use of Technology for Remote Appearances
Emergency Rule 4. Emergency Bail Schedule
Emergency Rule 5. Personal Appearance Waivers of Defendants During Health Emergency
Emergency Rule 6. Emergency Orders: Juvenile Dependency Proceedings
Emergency Rule 7. Emergency Orders: Juvenile Delinquency Proceedings
Emergency Rule 8. Emergency Orders: Temporary Restraining or Protective Orders
Emergency Rule 9. Toll the Statutes of Limitations for Civil Causes of Action
Emergency Rule 10. Extensions of Time in Which to Bring a Civil Action to Trial
Emergency Rule 11. Depositions Through Remote Electronic Means
Please visit https://www.courts.ca.gov/documents/appendix-i.pdf for a complete version of the emergency rules. And please let Synergy know how we can help you with your legal malpractice placements.