As courts remain open as essential services under Gov. Newsom's stay-home COVID-19 executive order, the policy-making body of the California court system adopted 11 new rules Monday, which revolutionize legal proceedings.
The temporary initiatives, adopted during a COVID-19 emergency meeting on Monday, April 6, include allowing for video appearances, staying of evictions and foreclosure proceedings and provisions to lower the jail population, according to a press release.
For example, the Judicial Council set bail statewide at $0 for misdemeanors and lower-level felonies as a way to reduce jail populations.
“This type of widespread and statewide order is unprecedented,” said Jeff Lewis, an attorney who practices in Southern California.
To protect Californians from losing their homes during the COVID-19 pandemic, the new rules also ban establishing any new tenant rights or defenses to an eviction, address requirements for notifying landlords or providing documentation when tenants are unable to pay rent due to loss of income or other COVID-19 related reasons, or address how repayment will be handled.
"Almost three weeks into a public health crisis and we finally have action from state officials that suspend most evictions during this crisis," said Francisco Duenas, executive director of Housing Now! "This is the action we advocated as a coalition for Gov. Newsom to take but we are appreciative that the leaders of our California state court system have stepped in to provide some common-sense policy around evictions statewide."
The rules will be repealed, however, 90 days after Gov. Newsom lifts his emergency declaration.
“This built-in sunset provision suggests the courts are a bit nervous and want to make clear these changes are temporary,” Lewis told the Southern California Record in an interview.
Led by Chief Justice Tani Cantil-Sakauye, the council reviewed more than 100 written comments on the new rules from justice system partners, such as judges, public defenders, district attorneys, law enforcement, legal aid and advocacy groups.
“To say that there is no playbook is a gross understatement of the situation,” said Council Chair and Chief Justice Cantil-Sakauye in a statement posted online. “I’m confident we can preserve the rule of law and protect the rights of victims, the accused, litigants, families and children, and all who seek justice.”
In addition to staying evictions and foreclosure proceedings, the council issued the following emergency rules:
3. Use of technology for remote appearances. "This rule authorizes the court to allow proceedings to happen by video, which reduces the risk of COVID-19 infection to lawyers, parties and witnesses by avoiding personal appearance in court," Lewis said. "Yet it also allows for court proceedings to move forward.”
8. Service of Orders. If a respondent appears at a hearing by video, audio, or telephonically, and the court grants an order, in whole or in part, no further service is required upon the respondent for enforcement of the order, provided that the court follows the requirements of Family Code section 6384.
“Authorizing courts to make orders regarding electronic service is a critical change,” Lewis said in an interview. “I have heard, but I have no firsthand knowledge, that it is hard to get servers to personally serve papers on anyone anymore, so forcing parties and lawyers to accept email service will help."
9. Toll the statutes of limitations for civil causes of action. Notwithstanding any other law, the statutes of limitation for civil causes of action are tolled from April 6, 2020 until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted.
"The tolling of statute of limitations is also very significant," said Lewis. "It extends the statute of limitations from April 6 until 90 days after the COVID-19 emergency is declared over by the California governor."
11. Depositions through remote electronic means.
“Video depositions are very helpful for civil attorneys like me who wish to keep a case moving forward during this pandemic," Lewis said.
View text for the 11 new rules here.