The California Judicial Council is the policymaking body of the California Court System. Yesterday, April 6, 2020, the California Judicial Council approved 11 temporary emergency rules to protect the rights of those seeking justice in the California Courts. These measures are now in effect and are designed to ensure that California courts can meet stringent health directives “…while also providing due process and access to justice.” These Rules were necessary because California courts are required to remain open as “essential services” under Governor Newsom’s shelter-in-place order.
Tani Cantil-Sakauye, the Chief Justice of the California Supreme Court, explained that with these unprecedented emergency rules, she is “…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.”
The Zwerdling Law Firm handles civil and criminal matters. In regard to civil matters, the new rules provide for an extension of the filing deadline (the statute of limitations). Previously, most injury victims had two years from the date of injury to file a lawsuit. Under the new emergency rules, that deadline has been extended for 90 days after the date the Governor lifts the COVID-19 pandemic state of emergency.
In addition, the new rules allow persons providing deposition testimony the right to appear at the deposition electronically instead of in person.
The emergency rules include the following:
- Suspend the entry of defaults in eviction cases;
- Suspend judicial foreclosures;
- Allow courts to require judicial proceedings and court operations be conducted remotely, with the defendant’s consent in criminal proceedings;
- Adopt a statewide emergency bail schedule that sets bail at $0 for most misdemeanor and lower-level felony offenses
- Allow defendants to appear via counsel or remote technologies for pretrial criminal hearings;
- Prioritize hearings and orders in juvenile justice proceedings and set a structure for remote hearings and continuances
- Extend the timeframes for specified temporary restraining orders;
- Extend the statutes of limitations governing civil actions; and
- Allow electronic depositions in civil cases.
These new rules will significantly enhance the rights and protections of litigants in California. The Zwerdling Law Firm supports these proactive measures to respond to the unprecedented consequences of the COVID-19 crisis. We remain open and are currently accepting new personal injury cases. We have implemented procedures to comply with the shelter-in-place order without interfering with our advocacy for our clients.