SB 1146: Modernizing the legal industry with remote depositions and e-services

If there is a silver lining to COVID-19 related court closures, it's that it forced our legal system to modernize quickly to address the mounting backlog of cases. Civil litigation came to a near standstill back in March when courthouses closed and attorneys had no experience with remote litigation. Senate Bill 1146, which went into effect in September, allows the use of web video platforms and internet technology to keep legal cases moving and reduce confusion.

At the beginning of the coronavirus pandemic, civil litigation attorneys faced uncertainty about how to deal with delayed discovery, court hearings, and trials. This new law lets state courts use remote video depositions and electronic service of process during this public health crisis and well into the future. It extends deadlines for discovery actions and facilitates mediations and depositions. The law also streamlines service procedures allowing most work to be done remotely which includes allowing parties represented by counsel to accept electronic service of notices and other documents.

State law previously required a court reporter to share the same space with the deponent. SB 1146 amended the California Code of Civil Procedure Section 2025.310 -- relaxing the rule that required a reporter to be physically present during a deposition. This flexibility gave a huge boost to court reporting technology, which was compelled to adapt.

While remote depositions are new, agencies have been delivering electronic transcripts and videos for quite some time. With remote depositions, participants are joining remotely and sharing electronic exhibits rather than hard copies, and most videoconferencing platforms today are built with the latest and best-available security features. Zoom, Microsoft Teams, and Google Hangouts are widely used. Some technology, like Steno's Depos From a Distance, has been created specifically for the legal industry in response to the growing demand for remote depositions.

It took a global pandemic for the legal industry to catch up with the times, by forcing attorneys to adapt and operate almost exclusively within a virtual court system. Lawyers working remotely can now rely on technology to communicate with clients, the court, other attorneys, firm staff, and vendors.

According to a recent report by Citi Private Bank Law Firm Group, the legal industry has prospered during the pandemic. The better-than-expected results can be attributed to cuts in operation costs and travel expenses by transitioning to a remote environment.

While the bottleneck of cases will likely continue well into next year, thanks to SB 1146, we now have a relief valve to alleviate pressure and help the civil justice system continue the critical work of resolving the conflicts of our time.