The following are Supervising Judge Hurwitz’s answers to questions posed to him during May 2020 Webinar on the state of the family court.
Judge Hurwitz directed these answers to Chair of the Family Law Section, Danny Monarch, to provide to the members of the bar.
Danny:
Below please find the Responses to the Bar Questions which were posed on the Chat function during the Webinar.
Contact opposition and advise of the issue to see if they have same problem; see if they wish to trail or continue. Then contact each Court and advise of the problem and see if multiple settings can be coordinated or if some may need to be continued.
You’ll have to contact the Bar for that.
The Judicial Council issued its Emergency Order No. 3 effective 4/6/20 which stated, in relevant part:
(a) Notwithstanding any other law, in order to protect the health and safety of the public, including court users,… courts must conduct judicial proceedings and court operations as follows: a. Courts may require that judicial proceedings and court operations be conducted remotely… b. Conducting proceedings remotely includes, but is not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make an official record of an action or proceeding. (b) Sunset a. This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the Covid-19 pandemic is lifted, or until amended or repealed by the Judicial Council
(a) Notwithstanding any other law, in order to protect the health and safety of the public, including court users,… courts must conduct judicial proceedings and court operations as follows:
a. Courts may require that judicial proceedings and court operations be conducted remotely… b. Conducting proceedings remotely includes, but is not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make an official record of an action or proceeding.
a. Courts may require that judicial proceedings and court operations be conducted remotely…
b. Conducting proceedings remotely includes, but is not limited to, the use of video, audio, and telephonic means for remote appearances; the electronic exchange and authentication of documentary evidence; e-filing and e-service; the use of remote interpreting; and the use of remote reporting and electronic recording to make an official record of an action or proceeding.
(b) Sunset
a. This rule will remain in effect until 90 days after the Governor declares that the state of emergency related to the Covid-19 pandemic is lifted, or until amended or repealed by the Judicial Council
Judge Nakamura issued Administrative Order No 20/15 on 5/12/20, based upon the discretion given to him, as the PJ, under Judicial Council Emergency Order No. 3, at section (a), cited above.
That IS the interim order until, by the terms of Administrative Order No. 20/15, at section 10, it is vacated by the PJ or the PJ issues a further administrative order.
The Default Prove-Up Calendars for 6/5 and 6/12 are being continued to early July. First Default Prove-Up Calendar will be on 6/19 with the cases already set for that date.
TJ’s and occasionally one of the Judges from the outlying Courts.
No, because a case could fit into neither category; i.e.: can’t be done in 2 hrs and isn’t selected for the Long Cause Calendar, and simply because you don’t hear tomorrow doesn’t mean you won’t hear next week or next month. Additionally, each Judicial Officer is working through his/her backlog independently, so one Court may be on one timetable and another Court may be on a different timetable; they may be taking different case types at different times, etc.
Yes, or use the Dropbox in front of LJC.
No.
All new submissions are being filed. Retroactivity for these will be based on Statute.
Being discussed.
E-Filing preferred; can be dropped off at Drop Box at LJC.
Currently awaiting guidance on issuing subpoena to such a witness with language commanding witness to “appear” by telephoning Courtroom on a specific date at a specific time.
Then Judicial Officer can order the subpoenaed witness to access the Remote Hearing platform being used, or issue whatever other order might be necessary to obtain the testimony of such Witness. Further guidance will be issued to the Bar.
No. Drop Box.
Submit request to review to tthomas@occourts.org.
Remote Portal to access is in the works. For now, submit request to tthomas@occourts.org.
U.S. Mail or Drop Box.
They are being processed and registered.
Up to each individual Judicial Officer.
Under discussion.
Contact Courtroom or the Clerk’s Hotline (657) 622-8530
Yes. Probably-contact Judicial Officer assigned to case to see if he/she will approve Stip.
In Courtrooms now. Under discussion.
Up to each Judicial Officer.
Call Courtroom or (657) 622-8530.
No. Contact Teri Thomas at tthomas@occourts.org.
Protocols from Family Court Services will be posted on the ListServe.
Ex Parte.