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An executive order signed by Hon. Charles H. Ervin, Presiding Judge, dated March 2, 2022, In re: Local Rules for Remote Appearances in Civil Proceedings - the court's rules under California Rules of Court, rule 3.672, for proceedings in civil cases (any case defined in rule 1.6(3), all cases except criminal cases and petitions for habeas corpus): a party who intends to appear remotely, other than on an ex parte application, giving notice to the court and all parties or persons entitled to notice at least two (2) court days prior to the hearing - to the court by filing Judicial Council form RA-010, stating whether throughout the case or for a specific hearing and whether by videoconference or audio only, to the others in writing, electronically, or orally; no calls to the courtroom clerk or the business office to provide notice; a notice on form RA-010 for the duration of a case, served on any party who later appears; a stipulation of all parties to waive notice, orally or on form RA-010; leave to appear remotely without notice upon a finding of good cause, unforeseen circumstances, or that the remote appearance would promote access to justice; any party or witness free to appear in person without advance notice; for remote evidentiary hearings (and long-cause hearings) and trials, form RA-010 describing what aspects of the proceeding are to be conducted remotely and why, notice at least ten (10) court days prior to the hearing or trial and when possible before any trial setting or trial readiness conference, a witness's notice in writing at least ten (10) court days prior, the issue resolved at a Trial Setting Conference or other case management hearing, and a modification of orders already issued sought ex parte on form RA-010 with notice received twenty-four (24) hours prior; an opposition on Judicial Council form RA-015 filed and served no later than five (5) court days before the hearing, the matter possibly continued if the court sustains the objection, and a failure to oppose before the proceeding commences an agreement to proceed remotely; for ex parte hearings, the moving party's form RA-010 filed no later than 12:00 p.m. (noon) on the court day before the hearing with the ex parte pleadings, notice to the other parties by 2:00 p.m. by personal service, facsimile or email of the moving ex parte pleadings, a non-moving party's form RA-010 filed and the moving party notified by 4:00 p.m. the day prior, and a party appearing remotely before a ruling at the risk of the hearing being trailed or continued; confidentiality requirements applying equally to remote proceedings; no party or witness required to appear remotely, a party who appears remotely without objection deemed to have agreed to do so; the court's website for further information and directions on technology or audibility issues; the order enforceable under Code of Civil Procedure sections 1209 (a)(5) and 177.5 (money sanctions not to exceed $1,500); any conflicting portion of a Sierra Superior Court Local Rule rescinded; and the order in effect immediately until ordered otherwise by the court, no litigant's substantive rights prejudiced until 20 days after it is posted on the court's website and distributed.
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SIERRA IN RE: LOCAL RULES FOR REMOTE APPEARANCES IN CIVIL PROCEEDINGS EXECUTIVE ORDER NO. 2022-01 THE COURT FINDS AS FOLLOWS: On or about December 29, 2021, the Judicial Council suspended the majority of California Rules of Court, rule 3.670 and added California Rules of Court, rule 3.672, effective January 1, 2022. The stated purpose of Cal.
Reviewer note: Transcribed 2026-10-12 (California T4 Sierra build 2026-10-12) by eye from BenchPath custody ca/t4/ca-sierra/docs/local-rules-remote-appearance_civil.pdf (324289 bytes, sha256 203b91c238100110f98993a8c56659706c9cd737064f29dc383e18254841d45a; 6 pages; page images, no text layer): read on the page images rendered at 200 dpi; checked against RapidOCR on the pages (the scan carries no text layer of its own), never published: every 6-word window looked up, and of the 32 spans the readings do not hold, 28 split into pieces the readings hold (the caption, the footnote marks, the footnotes set after their paragraphs, the headings and item numbers the reading sets as rows of their own and the page breaks) and 4 read again on the page image (“(j)(2)” twice, which the machine reads “(i)(2)” and “(G)(2)”, “www.courts.ca.gov”, which it reads “.goy”, and the handwritten date) (vision/check-log.txt; evidence/vision-check-2026-10-12c.log). Not part of the text: the pleading line numbers, the running footer “EXECUTIVE ORDER NO. 2022-01”, the page numbers, a stray backslash at the foot of pages 2 to 4 and the judge's handwritten signature (the handwritten date “MARCH 2, 2022” is set as text); the page's own wording is kept (“on such party how later appears in the case”, “five (5) courts day”, “Parties and witness are advised”, “et. seq.”). The transcription's closing note, which describes the pages, is not published. Review note: The order remains “in effect until ordered otherwise by this court” and rescinds “that portion of the rule” of any Sierra Superior Court Local Rule it conflicts with; Rule 1.1(d) of the book effective July 1, 2026 (its subdivision (d) amended eff. 01/01/24) has “All counsel, litigants and witnesses are required to be present in court at any evidentiary hearing” and permission granted on good cause to appear remotely, while the order gives parties and witnesses in civil cases the opportunity to appear remotely at evidentiary hearings and trials on notice. The order names the Remote Appearances section at “https://www.sierra.courts.ca.gov/new/remote-appearances-zoom”; the court's remote appearance page is now the Remote Zoom Hearings page (carded). The review task asks the court whether the order still governs civil remote appearances.
3 verbatim requirements on remote appearances in CALEB S. JOHNSTON's division.
6 verbatim requirements on remote appearances in MICHAEL G. KAPLAN's division.
California > Third Appellate District > Sierra County > Superior Court of California, County of Sierra
THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SIERRA IN RE: LOCAL RULES FOR REMOTE APPEARANCES IN CIVIL PROCEEDINGS EXECUTIVE ORDER NO. 2022-01 THE COURT FINDS AS FOLLOWS: On or about December 29, 2021, the Judicial Council suspended the majority of California Rules of Court, rule 3.670 and added California Rules of Court, rule 3.672, effective January 1, 2022. The stated purpose of Cal. Rules of Court, rule 3.672 is “to promote greater consistency in the practices and procedures relating to remote appearances and proceedings in civil cases. To improve access to the courts and reduce litigation costs, to the extent feasible courts should permit parties to appear remotely at conferences, hearings, and proceedings in civil cases consistent with Code of Civil Procedure section 367.75.” (Cal. Rule of Court, rule 3.672, subd. (a).) California Rules of Court, rule 3.672, allows trial courts to create their own local rules for remote appearances. In civil cases, the procedures must be “consistent with the requirements of Code of Civil Procedure section 367.75, posted on the court’s website, and include the following provisions: (A) A requirement that notice of intent to appear remotely be given to the court and to all parties or persons entitled to receive notice of the proceedings; (B) A clear description of the amount of notice required; and (C) For evidentiary hearing and trials, an opportunity for parties to oppose the remote proceedings.” Currently, absent an order otherwise determined on a case-by-case basis by the judicial officer assigned to a case, the Sierra Superior Court gives parties and witnesses in civil cases¹ the opportunity to appear remotely at most hearings, including evidentiary hearings and trials, with some limited exceptions. ¹ Per Cal. Rule of Court, rule 3.672 a “civil case” consists of any case “defined in rule 1.6(3), including all cases except criminal cases and petitions for habeas corpus, other than petitions for habeas corpus under Welfare and Institutions Code section 5000 et. seq., which are governed by this rule.” Cal. Rule of Court, rule 1.6(3) defines a “civil case” as a case “prosecuted by one party against another for the declaration, enforcement, or protection of a right or the redress or prevention of a wrong. Civil cases include all cases except criminal cases and petitions for habeas corpus.” Accordingly, THIS COURT HEREBY ORDERS that the following rules apply to proceedings in civil cases: A. Notice Requirements 1. A party² who intends to appear remotely, other than on an ex parte application, must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least two (2) court days prior to the hearing. Notice to the court must be given by filing the mandatory Judicial Council form “Notice of Remote Appearance” Judicial Council form number RA-010 and must specify whether the party intends to appear remotely throughout the case or for a specific hearing and whether the party intends to appear by videoconference or audio only (including by telephone). Notice to the other parties and persons entitled to receive notice of the proceedings may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least two (2) court days prior to the hearing. ² A “party” for purposes of this order is “any person appearing in an action and that person’s counsel, as well as any nonparty who is subject to discovery in the action.” (See Cal. Rule of Court, rule 3.672(c)(4).) 2. Parties and counsel shall not call the courtroom clerk or the business office to provide notice. 3. Notwithstanding the rules above, at any time during a case, a party may notice the court and all other parties or persons who are entitled to receive notice of the proceedings that the party intends to appear remotely during the duration of a case. Notice must be in writing by serving and filing form RA-010. If any party appears in the case after this notice has been filed, form RA-010 must be served by the party intending to appear remotely on such party how later appears in the case. 4. At any time during a case, all parties to the action may stipulate to waive notice of any other participants’ remote appearance. This stipulation may be made orally during a court proceeding or in writing filed with the court using form RA-010. 5. Notwithstanding the rules above, any party or witness may ask the court for leave to appear remotely without notice. The court may permit the party or witness to appear remotely upon a finding of good cause, unforeseen circumstances, or that the remote appearance would promote access to justice. (See Cal. Rule of Court, rule 3.672, subd. (j)(2).) 6. Any party or witness, including a party or witness who at any time has given notice of intent to appear remotely, may thereafter choose to appear in person without providing advance notice otherwise to the court or other parties. B. Rules Specific to Evidentiary Hearings and Trials 1. For remote evidentiary hearings³ and trials, a party requesting to appear remotely, using Judicial Council form “Notice of Remote Appearance” Judicial Council form number RA-010, must describe what aspects of the proceeding the party wants to be conducted remotely and why. ³ For purposes of this order, any rule applicable to an evidentiary hearing is equally applicable to a long-cause hearing. a. A party who intends to appear remotely at an evidentiary hearing or trial must provide notice to the court and all parties or persons entitled to receive notice of the proceedings at least ten (10) court days prior to the hearing or trial, and when possible before any trial setting or trial readiness conference. Notice to the court must be given by filing the form RA-010. Notice to the other parties and persons entitled to receive notice of the proceedings may be provided in writing, electronically, or orally in a way reasonably calculated to ensure notice is received at least ten (10) court days prior to the hearing. b. Any witness who intends to appear remotely at an evidentiary hearing or trial must provide notice in writing at least ten (10) court days prior to the hearing or trial. c. The court will attempt to resolve the issue of remote appearances at evidentiary hearings and trials at a Trial Setting Conference or other case management hearing, and if orders regarding remote appearance have been made in advance of the hearing or trial, the parties will need to appear ex parte before the judicial officer assigned to the evidentiary hearing or trial to address any modification of the orders already issued. This ex parte appearance will require the party to file form RA-010 with the Court and provide notice to all parties in writing, electronically, or orally in a way reasonably calculated to ensure notice is received twenty-four (24) hours prior to the hearing. 2. A party who wishes to oppose the use of remote technology at an evidentiary hearing or trial must do so in writing by filing and serving the mandatory Judicial Council form “Opposition to Remote Proceedings at Evidentiary Hearing or Trial” Judicial Council form number RA-015 no later than five (5) courts day before the hearing. 3. The portion of the hearing in which it is determined whether to conduct an evidentiary hearing or trial through the use of remote technology, over objection, may be conducted remotely. If the court sustains the objection, the matter may be continued to a later time or future date to allow the parties and/or witness(es) to appear in person. Failure to oppose the remote proceeding prior to the commencement of the proceeding shall be considered an agreement by the party to proceed remotely. C. Rules Specific to Ex Parte Hearings 1. For ex parte hearings, a moving party intending to appear remotely must file Judicial Council form “Notice of Remote Appearance” Judicial Council form number RA-010, with the court no later than 12:00 p.m. (noon) on the court day before the hearing, which should be submitted with the ex parte pleadings. Notice to the other parties must be provided by 2:00 p.m. on the court day before the hearing by service via personal service, facsimile or email of the moving ex parte pleadings on all interested parties and/or counsel. 2. If a non-moving party intends to appear remotely, the non-moving party may provide notice by filing form RA-010 by 4:00 p.m. the day prior to the ex-parte hearing and notifying the moving party in writing, electronically, or orally in a way reasonably calculated to ensure notice is received by 4:00 p.m. the day prior to the ex-parte hearing. 3. Notwithstanding the rules above, any party may ask the court for leave to appear remotely without notice at the ex parte hearing. The court may permit the party to appear remotely upon a finding of good cause, unforeseen circumstances, or that the remote appearance would promote access to justice. (See Cal. Rule of Court, rule 3.672, subd. (j)(2).) 4. A party may appear remotely at an ex parte hearing before receiving a ruling on the remote appearance request. However, if the court determines a remote appearance is not appropriate or failure to timely request a remote appearance has impacted the court’s ability to rule on the request, the court may trail or continue the ex parte hearing so that a party can appear in person, at the discretion of the court. D. General Rules 1. All confidentiality requirements, whether statutory, constitutional, or derived from case law, applicable to proceedings held in person, apply equally to all parties, witnesses and counsel utilizing remote proceedings. 2. Parties and witness are advised that the use of remote technology may result in technological or audibility issues that could result in a delay or a halt to the proceedings. (Code Civ. Proc. § 367.75, subd. (f).) No party or witness in any action is required to appear remotely. Any party who appears remotely without objection, including self-represented litigants or witnesses, shall be deemed to have agreed to do so. (Code Civ. Proc. § 367.75, subd. (g).) 3. Further information on how to appear remotely and the types of proceedings and cases for which the court has the technological capabilities to allow remote appearances, may be found on the court’s website at https://www.sierra.courts.ca.gov. Prior to each hearing for which an appearance will be made remotely, a party or witness who intends to appear virtually (via telephone or video) must refer to the Remote Appearances section of the court’s website for the most up-to-date information regarding virtual appearances. Directions will be posted on the court’s website at https://www.sierra.courts.ca.gov/new/remote-appearances-zoom on how to alert the court of technology or audibility issues during a remote proceeding. (Code Civ. Proc. § 367.75, subd. (e)(1).) In addition, the mandatory Judicial Council forms may be found on the Judicial Council’s website at www.courts.ca.gov. 4. Nothing in this order is intended to nor shall diminish the legal and lawful authority of an individual judicial officer’s right to control the order in the courtroom (Code Civ. Proc. § 128) or make discretionary decisions that deviate from this order but otherwise comply with the law. This order may be enforced pursuant to Code of Civil Procedure sections 1209 (a)(5) and 177.5.⁴ ⁴ Code of Civil Procedure section 1209 (a)(5) states, “The following acts or omissions in respect to a court of justice, or proceedings therein, are contempts of the authority of the court:...(5) Disobedience of any lawful judgment, order or process of the court.” Code of Civil Procedure section 177.5 states, “A judicial officer shall have the power to impose reasonable money sanctions, not to exceed fifteen hundred dollars ($1,500)...for any violation of a lawful court order by a person, done without good cause or substantial justification.” 5. To the extent any portion of this order conflicts with any Sierra Superior Court Local Rule, that portion of the rule is rescinded. 6. This order shall go into effect immediately⁵ and remain in effect until ordered otherwise by this court. ⁵ However, no litigant’s substantive rights shall be prejudiced for failing to comply with these rules until 20 days after it has been posted on the court’s website and distributed. (Cal. Rule of Court, rule 3.672, subd. (e).) IT IS SO ORDERED. Dated: MARCH 2, 2022 HON. CHARLES H. ERVIN PRESIDING JUDGE