State Senate OKs plan for video conferencing in civil trials

The state Senate passed a bill Monday that would allow California superior courts to use web video and other internet technology for depositions and e-service after Judicial Council emergency rules expire to deal with the growing backlog of civil cases.

SB 1146, authored by Sen. Tom Umberg, D-Santa Ana and co-sponsored by Consumer Attorneys of California and California Defense Counsel, passed on a bipartisan unanimous roll call vote. The bill now heads to the state Assembly.

Attorneys and judges have been very concerned about the lack of progress of civil cases since COVID-19 shut down courthouses across the state in March. While a number of superior courts have resumed jury trials, the focus has been on criminal matters. Presiding judges say they expect many civil cases to be postponed until next year.

Gov. Gavin Newsom, Chief Justice Tani G. Cantil-Sakauye and the Judicial Council adopted emergency rules allowing remote video depositions and e-service of process. But the rules would have been expired after the health crisis ends.

The bill is intended to allow those procedures, adopted during the coronavirus outbreak, to become a permanent part of civil cases in the state.

"This legislation represents a much needed first step towards allowing justice to continue despite the devastating impact of the pandemic," said CAOC President Micha Star Liberty. "This will help keep the gears of civil justice moving now and during emergencies in the future."

-- Craig Anderson