Bill Text: CA SB315 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Contractors.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-17 - Chaptered by Secretary of State. Chapter 392, Statutes of 2014. [SB315 Detail]

Download: California-2013-SB315-Introduced.html

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BILL NUMBER: SB 315	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Lieu

                        FEBRUARY 15, 2013

   An act to amend Section 367.5 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 315, as introduced, Lieu. Civil actions: telephonic
appearances.
   Existing law provides that courts should, to the extent feasible,
permit parties to appear by telephone at appropriate conferences,
hearings, and proceedings in civil cases to improve access to the
courts and reduce litigation costs.
   This bill would make a nonsubstantive change to that provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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  to 
reduce litigation costs, courts should, to the extent feasible,
permit parties to appear by telephone at appropriate conferences,
hearings, and proceedings in civil cases.
   (b) Except as provided in subdivision (c), in all general civil
cases, as defined in the California Rules of Court, a 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.
   (2) A trial setting conference.
   (3) A hearing on law and motion, except motions in limine.
   (4) A hearing on a discovery motion.
   (5) A conference to review the status of an arbitration or
mediation.
   (6) A hearing to review the dismissal of an action.
   (7) 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 1, 2008, 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.