Civil attorneys praise governor’s lifting of limits on electronic filing and remote video depositions

In response to a request by the Consumer Attorneys of California and the California Defense Counsel, Gov. Gavin Newsom signed an executive order that allows attorneys to use electronic filing and remote video depositions in all civil cases. Newsom’s Friday night signature on Executive Order N-38-20 was one of several actions he took over the weekend to fight the coronavirus outbreak.

“What we have is statutes of limitations running during the time the courts are closed, we have trial dates coming and going, we have people who were in trial when the order went into effect,” said Micha Star Liberty, the consumer attorneys group president.

“There are essential functions that the court needed to either toll or continue to operate to take care of. Without additional steps after the emergency shelter in place order, the civil justice system was coming to a grinding halt,” the founder of Liberty Law Office in Oakland said.

Because all 58 counties operate independently in some regard, she said, “We were looking for an emergency order that would bring some coordination and consolidation in this very confusing and chaotic time.”

The group sent Newsom a letter on March 22 requesting the order. The letter noted similar steps taken by courts in 20 other states. It stated the group had “explored other avenues” but determined, “The Judicial Council and Chief Justice have limited statutory authority and cannot act to protect legal rights.”

Newsom’s order affects several sections of the California Government Code and Code of Civil Procedure. First, it declared a judicial emergency that gives Chief Justice Tani G. Cantil-Sakauye new powers to extend deadlines and transfer cases. She was quick to use them, voting with other members of the Judicial Council at an emergency session on Saturday to extend numerous deadlines and allowing the use of remote video hearings in criminal cases.

Second, the order suspended sections of the Code of Civil Procedure that limit the use of remote video or telephone depositions and electronic filing. According to a March 24 news release from the consumer attorneys, these moves are a necessary complement to the 60-day suspension of jury trials Cantil-Sakauye announced the previous day.

“Our courts need to continue to do their business for the sake of the law and public safety, and to the extent they are able to, and it is my responsibility to do everything I can to give the Judicial Council and the Chief Justice the flexibility they need to take actions to meet this moment,” Newsom said in a news release announcing the move on Friday.

Nancy Drabble, chief executive officer of the consumer attorneys group, said changes will need to be fleshed out with specifics from the Judicial Council, though it won’t require a formal rule-making process. She pointed to the changes in handling of criminal cases, passed Saturday with a simple vote.

“Our hope is that the Judicial Council will show the same urgency in dealing with the civil issues that it has in dealing with the criminal cases,” Drabble said.

The consumer attorneys worked closely with the California Defense Counsel and the group’s lobbyist, attorney Mike D. Belote, Drabble added.

“He’s been a good partner in this,” Drabble said of Belote. “These civil procedure issues, they’re not ideological.”

Belote agreed. He noted his company, California Advocates, represents the California Association of Legal Support Professionals, court reporting entities and others. According to the firm’s website, other lobbying clients include the California Judges Association and the California Employment Law Council.

“It goes beyond lawyers, it goes to judges and their availability, and court staff and other clients of ours besides lawyers that work in judicial system,” Belote said. “We have all kinds of folks who are affected.”

He added that in his talks with the Judicial Council, members expressed the desire to address some of the criminal court issues first before turning “to the civil side later this week.”

On Monday, Newsom issued an executive order aimed at improving health care staffing levels. Order N-39-20 allows the State Department of Public Health to waive many staffing and licensing requirements to get more health care professionals onto the front lines.