Bill for permanent remote depositions and filings passes Legislature

A bill to permanently adopt emergency rules put into place during the pandemic-related court closures, alleviating the need for court reporters' physical presence for witness depositions, was sent to the governor's desk Tuesday morning after passing the Assembly 35-0.

Since Senate Bill 1146 was passed as an emergency bill, it will go into effect immediately if the governor signs it.

It was introduced by Sen. Tom Umberg, D-Santa Ana, in February and co-sponsored by Consumer Attorneys of California and California Defense Counsel.

Micha Star Liberty, president of the consumer attorneys group, said the bill will cement the use of available technology to help overcome challenges arising from the pandemic but will also help the law "catch up with the reality of life," as it relates to depositions.

"Now we have the ability to take depositions via Zoom and hopefully we'll be able to be in the same room as the witness if we want to be, but the good news is, this is a very cost effective way to get discovery testimony," Liberty said. "Most of us used to live on airplanes, flying around the state to take depositions, and now we don't need to do that."

After courts throughout the state shut their doors in an effort to slow the spread of COVID-19, the justice system came to a grinding halt.

In response California Chief Justice Tani Cantil-Sakauye and the Judicial Council provided courts emergency powers, allowing them to prioritize certain criminal matters, extend deadlines in criminal and civil cases and conduct hearings remotely.

While many of the emergency rules providing alternative ways to appear and file in court may have been prompted by the Covid-19 outbreak, SB 1146 will make remote depositions and e-service a permanent fixture of California civil cases.

The bill will also allow trial courts to adopt local rules permitting electronic filing of documents and extend deadlines for discovery actions such as the exchange of expert witness information, mandatory settlement conferences and summary judgment motions.

Beverly Hills Attorney Paul Kiesel of Kiesel Law, who says he has been advocating for greater electronic access in Los Angeles County Superior Court for 20 years, said the bill will help save time and money and improve the quality of life for litigators.

"As a direct result of the pandemic, the court appears to be embracing electronic service," Kiesel wrote in a Daily Journal column after the bill was passed by the Senate a month ago. "Why has it taken this long for electronic service and remote depositions to be accepted? I suppose it has much to do with the legal system itself. Our practices are rooted in tradition and rely on stare decisis, so it's no wonder we look to the past and not the future for guidance."