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Law360 (April 6, 2020, 11:28 PM EDT ) The California Judicial Council approved 11 temporary emergency rules Monday in response to the COVID-19 pandemic, including extending the statute of limitations in civil matters, allowing courts to require that proceedings be held remotely, and staying evictions and foreclosures.
An executive order from Gov. Gavin Newsom last month gave the courts special authority to address the pandemic more swiftly, and the Judicial Council adopted the rules at its meeting in response.
"We are at this point truly with no guidance in history, law, or precedent," said Chief Justice Tani Cantil-Sakauye, chair of the council. "And to say that there is no playbook is a gross understatement of the situation. In developing these rules, we listened to suggestions from our justice system partners, the public, and the courts, and we greatly appreciate all of the input."
Among the new rules is one that gives plaintiffs additional time to file lawsuits.
"Notwithstanding any other law, the statutes of limitation for civil causes of action are tolled from April 6, 2020, until 90 days after the Governor declares that the state of emergency related to the COVID-19 pandemic is lifted," the rule says.
Another set of rules suspend the entry of defaults in eviction cases and suspend judicial foreclosures. They also allow the courts to require that proceedings be held remotely, and with the defendants' consent in criminal cases.
The council set an emergency bail schedule that places bail for most misdemeanors and low-level felonies at $0 in an attempt to reduce jail populations. It also agreed to let defendants in criminal pretrial hearings appear remotely or via their counsel.
The rules also extend the period of time in which a civil action must be brought to trial.
Last month, citing a need to improve social distancing measures, Justice Cantil-Sakauye suspended all superior court jury trials for 60 days in response to the COVID-19 outbreak.
The Golden State's top judge said that many courts are unable to comply with the recommendations of health officials for stringent social distancing practices that put 6 feet between individuals.
"Courts cannot comply with these health restrictions and continue to operate as they have in the past," she said in that order. "Court proceedings require gatherings of court staff, litigants, attorneys, witnesses, and juries, well in excess of the numbers allowed for gathering under current executive and health orders."
That order leaves open the possibility for trials to be held before the expiration of the 60-day window through use of remote technology, when appropriate. It also allows courts to adopt rules or amendments to protect against the spread of COVID-19, without first circulating those changes for public comment.
--Editing by Breda Lund.
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