On March 23, 2020, California’s Chief Justice, Hon. Tani Cantil-Sakauye, issued a Statewide Order (the “Order”) concerning the operations of California’s courts during the COVID-19 emergency. The courts will continue to operate during the emergency as essential services, exempt from the statewide shelter-in-place Executive Order N-33-20 currently in effect, but will postpone all jury trials statewide for 60 days and authorize county superior courts to enact new rules or amend their existing rules as needed to address court business during the emergency.

The Order explains that because court proceedings often require gatherings of court staff, litigants, attorneys, witnesses, and juries that exceed the permissible numbers for gatherings under the current directives from the Governor and the Director of Public Health, the courts must make adjustments to comply with these restrictions and with social distancing measures.

Also, many court employees, litigants, and others cannot attend court proceedings because they need to stay home to care for their children, due to the current school closures. These circumstances, the Order explains, have also “made it nearly impossible to assemble juries.” Accordingly, the Chief Justice has ordered that:

• All jury trials are postponed for 60 days from the date of the order, although courts may conduct a trial at an earlier date upon a showing of “good cause” by the parties or through use of remote technology when appropriate.
• The time periods to begin criminal and civil trials is extended for 60 days, although courts may conduct trials earlier upon a showing of good cause or through remote technology when appropriate.
• The mandatory five-year deadline for bringing civil cases to trial under Code of Civil Procedure section 583.310 is extended by 60 days, and the deadlines under section 583.20 for bringing civil matters to trial after a new trial is granted are also extended by 60 days. Courts may conduct trials earlier upon a showing of good cause or through remote technology when appropriate.
• County superior courts are authorized to adopt any proposed rules or rule amendments to address the impact of the COVID-19 pandemic, which may take effect immediately without advance circulation for 45 days of public comment. A superior court adopting any such rule or amendment must provide a copy to the Judicial Council of California, post notice of the change and the new effective date on the court’s website, and immediately distribute the new or amended rule. No litigant’s substantive rights will be prejudiced for failing to comply with the requirements of a new or amended rule until at least 20 days after the rule change has been distributed.

As stated above, court operations will continue during the emergency. To obtain the latest information for a specific court or jurisdiction, litigants should contact the superior court of the county in which their matter is pending or check that court’s website. A statewide directory of county superior courts and Courts of Appeal may be found here. Churchwell White LLP clients with pending cases are always welcome to contact our office to receive the latest information on how these developments may affect their cases.

If you have any questions or concerns, please contact the offices of Churchwell White at (916) 468-0950, or Douglas White at Doug@whitebrennerllp.com, Barbara Brenner at Barbara@whitebrennerllp.com, or Nubia Goldstein at Nubia@whitebrennerllp.com.