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Comments Sought

Monday, April 15, 2019 9:21 PM | Lori Butler (Administrator)

47 new proposals listed below have been posted to the California Courts web site, at http://www.courts.ca.gov/policyadmin-invitationstocomment.htm.

PROPOSALS

LEGISLATIVE PROPOSALS (LEG19: 01-05)

Link: http://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category6091B

Item Number: LEG19-01

Judicial Council–Sponsored Legislation: Consistent Fee Provisions with Electronic Filing and Service; Signatures on Electronically Filed Documents Not Signed Under Penalty of Perjury

Summary: The Information Technology Advisory Committee recommends the Judicial Council sponsor legislation to amend Code of Civil Procedure section 1010.6, which governs electronic filing and service in civil matters. The purpose of the proposal would be twofold: (1) to create consistency in the fee provisions by allowing courts to recover no more than their actual costs regardless of whether electronic filing and service is permitted by local rule, required by court order, or required by local rule; and (2) to account for signatures made not under penalty of perjury by persons other than the filer. The proposal originated with Judicial Council staff.

Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

 

Item Number: LEG19-02

Electronic Delivery of Documents Currently Required to Be Mailed Following Conviction

Summary: The Information Technology Advisory Committee (ITAC) recommends the Judicial Council sponsor legislation to amend Penal Code section 1203.01 to allow for electronic delivery of documents currently required to be mailed following conviction. The proposal originated with a recommendation of the Judicial Council Data Exchange Working Group, which is made up of court participants and justice partners and is working to develop standardized data exchanges.

Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

 

Item Number: LEG19-03

Judicial Council–Sponsored Legislation: Temporary Emergency Gun Violence Restraining Order

Summary: The Civil and Small Claims Advisory Committee, at the suggestion of several courts, proposes that the Judicial Council sponsor legislation amending Penal Code section 18140, which currently requires that a law enforcement officer who requests a temporary emergency gun violence restraining order (emergency GVRO) “[f]ile a copy of the order with the court as soon as practicable after issuance.” (Pen. Code, § 18140(c).) The proposal would add a time frame of no later than three court days to ensure that the court receives the emergency GVRO with sufficient time to set and notice a hearing within 21 days, as required by newly enacted Penal Code section 18148.

Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

 

Item Number: LEG19-04

Judicial Council–Sponsored Legislation: Civil Adjudication of Vehicle Code Infractions

Summary: At the direction of the Chief Justice, the Futures Traffic Working Group was charged with developing a proposal to implement and evaluate a civil model for adjudication of minor vehicle infractions. This proposal includes recommendations for statutory changes as well as appropriate standardized processes to free up court and law enforcement resources and simplify procedures for defendants. The proposal was informed by input from law enforcement, the Department of Motor Vehicles, organizations representing the interests of low-income Californians, and other stakeholders. The working group explored, evaluated, and now recommends options for online processing of all phases for all Vehicle Code infraction violations. This proposal provides an alternative to the current system of criminal adjudication of several million traffic infractions each year.

Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

 

Item Number: LEG19-05

Judicial Council–Sponsored Legislation (Telephonic Appearances): Court Fees Collected from Telephone Appearance Revenue

Summary: The Judicial Branch Budget Committee proposes statutory changes for telephone appearance service fees to update and improve the formula to reflect current revenue allocation standards in the courts. The committee also proposes amending the statutes that prescribe the method for transmitting fees to reflect current fiscal practices in the courts. This proposal has no impact on the fee charged to individuals for telephone appearance services. The proposal is based on a suggestion from a vendor of telephone appearance services.

Deadline to Submit Comments: Friday, June 7 at 5:00 pm.

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APPELLATE PROPOSALS (SPR19 01-08)

Link: https://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category6059B

 

Item Number: SPR19-01

Appellate Procedure: Notice of appeal and the record in civil commitment cases

Summary: The Appellate Advisory Committee proposes a new rule of court describing the required contents of the normal record on appeal for civil commitment cases and a new notice of appeal form for civil commitment cases. This proposal is in response to a suggestion from a member of this committee and is intended to provide needed guidance to litigants and the courts and ensure that appellate records in civil commitment cases are complete.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-02

Appellate Procedure: Form of Filed Documents in the Appellate Division

Summary: The Appellate Advisory Committee proposes the adoption of a new rule of court governing the form of filed documents in the appellate division. The rule is intended to provide clarity to litigants, court staff, and judges as to the proper formatting of applications, motions, and other documents to be filed in the appellate division. This proposal is in response to a suggestion from a member of this committee.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-03

Appellate Procedure: Advisement of Appellate Rights in Juvenile Cases

Summary: To promote greater awareness of parents’ and legal guardians’ appellate rights in juvenile court proceedings, the Appellate Advisory Committee proposes amending the rule regarding advisement of appellate rights to remove the limitation that the court need only provide this information to parents and guardians who are present at the hearing that resulted in the judgment or order. The committee also proposes the adoption of a new optional form notice for clerks to send with court orders following a hearing to provide the advisement. This proposal originated with a suggestion from an attorney in San Diego.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-04

Appellate Procedure: Oral Argument in Appellate Division Appeals

Summary: To increase efficiency and provide guidance for litigants, the Appellate Advisory Committee proposes amending the rule regarding oral argument in limited civil and misdemeanor appeals to provide that oral argument will not be set in cases presenting no arguable issues and to set forth a procedure for waiving oral argument. The committee also proposes the adoption of two optional forms, one for limited civil cases and one for misdemeanor cases, to assist litigants in waiving

oral argument if they choose to do so. This proposal originated with suggestions from a presiding judge of an appellate division and a member of the committee.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-05

Appellate Procedure: Word Limits for Petitions for Rehearing in Unlimited Civil Cases

Summary: To establish limits on briefing that reflect the limited scope of petitions for rehearing, the Appellate Advisory Committee proposes reducing the maximum length of petitions and answers by amending the rule that governs the content and form of briefs in the Court of Appeal. Currently, the rule provides maximum limits of 14,000 words for briefs produced on a computer and 50 pages for briefs produced on a typewriter. These limits apply to all types of briefs, including petitions for rehearing and answers to those petitions. This proposal would provide lower limits of 7,000 words and 25 pages for petitions for rehearing and answers. This proposal arises out of suggestions from appellate practitioners, including a current committee member, that the committee consider reducing word limits for civil briefs in the Court of Appeal.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-06

Appellate Procedure, Juvenile Law: Access to Juvenile Case Files in Appellate Court Proceedings

Summary: The Appellate Advisory Committee and the Family and Juvenile Law Advisory Committee propose amended rules and new and revised forms to implement recent Judicial Council–sponsored legislation amending the statute that specifies who may access and copy records in a juvenile case file in an appeal or writ proceeding challenging a juvenile court order. The statutory amendment clarified that people who are entitled to seek review of certain orders in juvenile proceedings or who are respondents or real parties in interest in such appellate proceedings may, for purposes of those appellate proceedings, access and copy those records to which they were previously given access by the juvenile court. This proposal would implement the legislation by updating the rules relating to juvenile appeals to include provisions relating to persons with limited access to the juvenile case file and the limited record that must be prepared and provided to these persons. The committees also propose a new information sheet and a notice on certain forms regarding the requirement to seek authorization from the juvenile court to access records in the case file before commencing an appeal.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-07

Appellate Procedure: Uniform Formatting Rules for Electronic Documents

Summary: To provide consistency and clarity, the Appellate Advisory Committee and the Information Technology Advisory Committee propose revising California Rules of Court, rules 8.40, 8.44, 8.71, 8.72, 8.74, 8.204, and 8.252 to create uniform formatting rules for electronic documents filed in the appellate courts. The rules currently provide some formatting requirements for electronic documents, but they do not include various local rule requirements such as bookmarking. Moreover, local rules around the state differ in their requirements and scope. By establishing uniform, comprehensive rules for all appellate courts, this proposal will ease the burden on filers caused by differing format rules. This project initially focused on rules for exhibits and bookmarking, but was expanded in scope to include other formatting requirements. It originated from a suggestion by a member of the Joint Appellate Technology Subcommittee of the Appellate Advisory Committee and the Information Technology Advisory Committee.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-08

Appellate Procedure: Service Copy of a Petition for Review

Summary: To update court procedures and provide clarity, the Appellate Advisory Committee and the Information Technology Advisory Committee propose amending the rule regarding petitions for review in the California Supreme Court to remove the requirement to send to the Court of Appeal a separate service copy of an electronically filed petition for review. Under current practice, when a petition for review is accepted for electronic filing by the Supreme Court, the Court of Appeal automatically receives a filed/endorsed copy of the petition through the electronic filing service provider (EFSP). Thus, in actual practice, the electronic filing of a petition satisfies the requirement to serve the Court of Appeal, and there is no need for a petitioner to serve the Court of Appeal with another copy as required by the rules. This proposal does not change the requirement to serve the Court of Appeal with a separate copy if a petition for review is filed in paper form. This proposal originated from a suggestion submitted by an appellate court administrator.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

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CIVIL AND SMALL CLAIMS PROPOSALS (SPR19 09-12)

Link: https://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category6076B

 

Item Number: SPR19-09

Alternative Dispute Resolution: Mediation Confidentiality Disclosures Under Senate Bill 954

Summary: The Civil and Small Claims Advisory Committee proposes a new form for Judicial Council approval, Mediation Disclosure Notification and Acknowledgment (form ADR-200). This optional form serves to facilitate parties in implementing the requirements of Senate Bill 954 (Stats. 2018, ch. 350), which requires attorneys to provide their clients with specific written mediation confidentiality disclosures when they are representing clients in connection with mediation.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-10

Civil Practice and Procedure: Separate Statements for Discovery Motions

Summary: The Civil and Small Claims Advisory Committee recommends that California Rules of Court, rule 3.1345, be amended, effective January 1, 2020, to reflect the change in law regarding separate statements in discovery motions enacted in Assembly Bill 2230 (Stats. 2018, ch. 317). That bill amends three sections of the Code of Civil Procedure to expressly provide that courts, for certain types of discovery, may allow the moving party to submit an outline of the discovery requests and responses in dispute rather than the separate statement currently required by rule. The rule reflects those changes and expands them to additional types of discovery.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-11

Small Claims: Information about Court Interpreters

Summary: The Civil and Small Claims Advisory Committee is proposing revisions to two small claims forms in light of the repeal of Code of Civil Procedure section 116.550 in Senate Bill 1155 (Hueso; Stats. 2018). Previously, that statute had authorized a small claims court to permit another individual, other than an attorney, to assist a party if the court determines that the party does not speak or understand English sufficiently to comprehend the proceedings or give testimony and needs assistance. The law had also required each court to make a reasonable effort to maintain and make available to the parties a list of interpreters who were able and willing to aid parties in small claims actions. SB 1155 repealed section 116.550, and at the same time made all the statutory provisions regarding interpreters in other civil cases applicable to small claims cases. The proposed form revisions would remove all references to the content of this repealed law from the forms and more closely reflect current law.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

 

Item Number: SPR19-12

Civil Practice and Procedure: Case Management Rules

Summary: In 2013, the Judicial Council amended the statewide rules of court on civil case management to give courts the discretion to exempt certain types or categories of general civil cases from the mandatory case management rules. The amendments were intended as an emergency measure, to help courts to better address the state’s fiscal crisis by decreasing the time spent by court staff and judicial officers in filing case management statements, setting and holding individual case management conferences, and performing other actions required by the case management rules. The Civil and Small Claims Advisory Committee, following the recommendation by the Commission on the Future of California’s Court System, is proposing that the discretionary exemption be made permanent, to allow flexibility in case management where courts so desire.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

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MILITARY SERVICE PROPOSAL (SPR19-14)

Link: https://www.courts.ca.gov/policyadmin-invitationstocomment.htm#category28154B

 

Item Number: SPR19-14

Rules and Forms: Mandatory Form for Notification of a Party’s Military Status

Summary: The Collaborative Justice Courts Advisory Committee proposes revising Notification of Military Status (form MIL-100), which informs the court that a party in a court case is or was in the military and changing the form from optional to mandatory. The revisions to the current form will enable courts to provide improved identification of court litigants in all case types who have a military affiliation.

Deadline to Submit Comments: Monday, June 10 at 5:00 p.m.

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