New Remote Proceeding Rules in California
By Sherry Metzger, Esq.
February 8, 2022
In response to increasing court limitations due to COVID-19, the Judicial Council of California approved new rules of procedure for remote proceedings in all California civil courts. Beginning January 1, 2022, and in compliance with California Code of Civil Procedure (CCP) §367.75, courts implemented new procedures provided in California Rule of Court (CRC) 3.672, and temporarily suspended CRC 3.670(c)-(i) from January 1, 2022 to July 1, 2023.
The new rules give local courts discretion to require an in-person appearance, provide procedures and forms for remote appearances, and provide deadlines for providing notice for non-evidentiary and evidentiary hearings (See, CRC 3.672). Also, the rules provide deadlines and forms for filing oppositions to remote appearances. (See, CRC 3.672(h)(3)(A)(i)). Parties may oppose remote proceedings using form RA-015 Opposition to Remote Proceedings at Evidentiary Hearing or Trial. Parties may provide notice of intent to appear remotely by using form RA-010 Notice of Remote Appearance. The chart below summarizes the new rules, suspended rules, and the new deadlines provided in CRC 3.672.
Summary of CRC 3.670 and CRC 3.672 Changes Effective January 1, 2022
SUSPENDED – Deadline to give notice of intent to appear by telephone (2 court days before Case Management Conference).
| Amendment effective 1/1/2022: Rule 3.670. Telephone appearance. Subdivisions (c) through (i) of this rule are suspended from January 1, 2022, to July 1, 2023, during which time provisions in rule 3.672 apply in their place. | |
SUSPENDED – Deadline for party who received notice of intent to appear by telephone from another party, and who has not given such notice, to notify court, vendor and all other parties of intent to appear by telephone at case management conference (by noon on the last court day before hearing). | Amendment effective 1/1/2022: Rule 3.670. Telephone appearance. Subdivisions (c) through (i) of this rule are suspended from January 1, 2022, to July 1, 2023, during which time provisions in rule 3.672 apply in their place. | |
NONEVIDENTIARY- Deadline for any party to give Notice of Intent to appear at NON-EVIDENTIARY proceeding remotely (at least 15 court days before the proceeding) | Date of summary judgment hearing (MSJ) -15 Court Days | |
NONEVIDENTIARY- Deadline, if any party has given or received notice of the NON-EVIDENTIARY PROCEEDING less than 15 court days, for other parties to give Notice of Intent to appear remotely (at least five court days before the proceeding). | Date of summary judgment hearing (MSJ) -5 Court Days | |
NONEVIDENTIARY- Deadline, if another party has given notice of intent to appear remotely in a NON-EVIDENTIARY HEARING at least 3 days before a hearing, for any other party to provide notice of intent to appear remotely (at least two court days before the proceeding). | Date of summary judgment hearing (MSJ) -2 Court Days | |
EVIDENTIARY- Latest date for court intending to conduct EVIDENTIARY proceeding remotely to provide notice to all parties (at least 10 court days before hearing or trial date). | Date of trial -10 Court Days | |
EVIDENTIARY- Deadline, if another party has previously notified parties of intent to conduct EVIDENTIARY proceeding remotely at least 15 court days before proceeding, for other parties to give Notice of Intent to appear remotely at EVIDENTIARY PROCEEDING (at least 10 court days before evidentiary proceeding). | Date of trial -10 Court Days | |
EVIDENTIARY- Deadline, if party has received less than 15 court day notice of other parties intent to appear at EVIDENTIARY PROCEEDING remotely, to give Notice of Intent to appear remotely at EVIDENTIARY PROCEEDING (at least five court days before the proceeding). | Date of trial -5 Court Days | |
EVIDENTIARY- Deadline, if another party has previously given or received at least 15 court days notice of intent to appear at EVIDENTIARY PROCEEDING remotely, to file an opposition to remote EVIDENTIARY PROCEEDING (at least five court days before the proceeding). | Date of trial -5 Court Days | |
EVIDENTIARY- Deadline, if court previously notified parties of intent to conduct EVIDENTIARY proceeding remotely at least 10 court days before proceeding, for court conducting EVIDENTIARY PROCEEDING remotely to provide notice of actual proceeding date to all parties (at least 2 court days before the proceeding). | Date of trial -2 Court Days | |
EVIDENTIARY- Deadline, if party has received less than 15 court days notice of remote EVIDENTIARY PROCEEDING, to file an opposition to remote proceedings (by noon one court day before proceeding). | Date of trial -1 Court Days |
