AMENDMENT TO THE CALIFORNIA RULES OF COURT

Cal. R. Ct. 10.635

California Rules of Court

AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on May 17, 2024, effective July 1, 2024 Title 10. Judicial Administration Rules ............................................................................. 2 Division 4. Trial Court Administration .......................................................................... 2

Chapter 1. General Rules on Trial Court Management ................................................. 2 Rule 10.635. Limited situations in which a judicial officer may preside remotely from a location other than a courtroom ....................................................................... 2 5 6 7 Title 10. Judicial Administration Rules 1 Division 4. Trial Court Administration 3

Chapter 1. General Rules on Trial Court Management 5 6 Rule 10.635. Limited situations in which a judicial officer may preside remotely from a location other than a courtroom 9 10 (

a) Purpose 11 This rule prescribes when, in limited situations and in the interest of justice, a judicial officer may use remote technology to effectuate their own participation in a proceeding from a location other than a courtroom. 15 16 (

b) Application 17 18

(1) This rule applies when a judicial officer presiding from a location other than a courtroom uses remote technology to effectuate their own participation in the proceeding. 21 22

(2) This rule does not apply when a judicial officer presides in person over a proceeding convened in a location other than a court facility, even if another participant appears remotely. 25 26

(3) This rule applies to all civil cases subject to Code of Civil Procedure

section 27 367.75. 28 29

(4) Nothing in this rule limits a judicial officer from engaging in any other judicial functions, duties, or actions authorized by law to be performed in a location other than a courtroom. 32 33 (

c) Definitions 34 As used in this rule: 36 37 (1) “Court facility” has the same meaning as that provided in Government Code

section 70301(d). 39 40

(2) The following terms have the same meaning as those provided in rule 41 3.672(c): 42 43 3 (A) “Proceeding.” 1 2 (B) “Remote proceeding.” 3 4 (C) “Remote technology.” 5 6 (

d) Location of a judicial officer within a court facility 7 A judicial officer may preside remotely from a location within a court facility other than a courtroom only if doing so is in the interest of justice, the presiding judge approves, and either: 11 12

(1) N o parties are appearing in person at the proceeding; or 13 14

(2) No courtrooms are available in the court facility. 15 16 (

e) Location of a judicial officer outside a court facility 17 A judicial officer may not preside remotely from a location outside a court facility unless doing so is in the interest of justice, the presiding judge approves, and 20 21

(1) T he judicial officer cannot safely access or preside from a court facility because of hazardous conditions, including those resulting from: 23 24 (

A) N atural disaster; 25 26 (

B) S evere weather; 27 28 (

C) Public emergency; 29 30 (

D) F acilities failure; 31 32 (

E) S ecurity threats; or 33 34 (

F) O ther extraordinary circumstances as determined by the presiding judge; or 36 37

(2) Presiding remotely in a matter is essential to prevent a significant delay that would substantially prejudice the litigants. 39 Rule 10.635 adopted effective July 1, 2024. 41

Document details

CollectionCalifornia Rules of Court
CitationCal. R. Ct. 10.635
Typecourt_rule
Languageen
Formatpdf
SourceCA_ROC
Identifieree9344cc53fc6a4869808ada488b075a2dfcc3b1

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AMENDMENT TO THE CALIFORNIA RULES OF COURT

Cal. R. Ct. 10.635

California Rules of Court

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