Civil procedure: electronic filing, trial delays, and remote depositions.

(1) Existing law authorizes a trial court to adopt local rules permitting electronic filing of documents, subject to specified conditions. Existing law authorizes a court to require electronic filing and service in civil actions, subject to rules adopted by the Judicial Council permitting mandatory electronic filing and service in specified civil actions. Existing law authorizes, for cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document if a party or other person has expressly consented to receive electronic service in that specific action, or the court has ordered electronic service on a represented party or other represented person. This bill would require a party represented by counsel, who has appeared in an action or proceeding, to accept electronic service of a notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. The bill would require a party represented by counsel, upon the request of any party who has appeared in an action or proceeding and who provides an electronic service address, to electronically serve the requesting party with any notice or document that may be served by mail, express mail, overnight delivery, or facsimile transmission. (2) Existing law prescribes the procedure for taking oral depositions inside the state. Existing law requires a party deponent to appear at the deposition and be in the presence of the deposition officer. Existing law authorizes a court to expressly provide that a nonparty deponent may appear at a deposition by telephone if the court finds there is good cause and no prejudice to any party. Existing law authorizes a court to issue a protective order with respect to the conduct of a deposition in order to protect any party, deponent, or other natural person or organization from unwarranted annoyance, embarrassment, oppression, or undue burden and expense. This bill would delete the provision authorizing a court to provide that a nonparty deponent may appear by telephone. The bill would instead authorize the deponent or the deposing party to elect to have the deposition officer attend the deposition by telephone or other remote electronic means. The bill would specifically provide that a deponent is not required to be physically present with the deposition officer when being sworn in at the time of the deposition, and that any party or attorney of record may, but is not required to, be physically present at the deposition at the location of the deponent, subject to any protective order issued by the court. (3) Existing law provides procedures for the postponement of a trial. This bill would provide, notwithstanding any other law and unless otherwise ordered by a court or agreed to by the parties, that a continuance or postponement of a trial date extends any deadlines that have not already passed as of March 19, 2020, applicable to discovery, including the exchange of expert witness information, mandatory settlement conferences, and summary judgment motions in the same matter. The bill would require the deadlines to be extended for the same length of time as the continuance or postponement of the trial date. These requirements would only be in effect during the COVID-19 state of emergency proclaimed by the Governor on March 4, 2020, and 180 days thereafter. (4) This bill would incorporate additional changes to Section 1010.6 of the Code of Civil Procedure proposed by AB 2165 to be operative only if this bill and AB 2165 are enacted and this bill is enacted last. (5) This bill would declare that it is to take effect immediately as an urgency statute.