2024 California Rules of Court
Rule 10.635. Limited situations in which a judicial officer may preside remotely from a location other than a courtroom
(a) Purpose
This rule prescribes when, in limited situations and in the interest of justice, a judicial officer may use remote technology to effectuate their own participation in a proceeding from a location other than a courtroom.
(b) Application
(1) This rule applies when a judicial officer presiding from a location other than a courtroom uses remote technology to effectuate their own participation in the proceeding.
(2) This rule does not apply when a judicial officer presides in person over a proceeding convened in a location other than a court facility, even if another participant appears remotely.
(3) This rule applies to all civil cases subject to Code of Civil Procedure section 367.75.
(4) Nothing in this rule limits a judicial officer from engaging in any other judicial functions, duties, or actions authorized by law to be performed in a location other than a courtroom.
(c) Definitions
As used in this rule:
(1) "Court facility" has the same meaning as that provided in Government Code section 70301(d).
(2) The following terms have the same meaning as those provided in rule 3.672(c):
(A) "Proceeding."
(B) "Remote proceeding."
(C) "Remote technology."
(d) Location of a judicial officer within a court facility
A judicial officer may preside remotely from a location within a court facility other than a courtroom only if doing so is in the interest of justice, the presiding judge approves, and either:
(1) No parties are appearing in person at the proceeding; or
(2) No courtrooms are available in the court facility.
(e) Location of a judicial officer outside a court facility
A judicial officer may not preside remotely from a location outside a court facility unless doing so is in the interest of justice, the presiding judge approves, and
(1) The judicial officer cannot safely access or preside from a court facility because of hazardous conditions, including those resulting from:
(A) Natural disaster;
(B) Severe weather;
(C) Public emergency;
(D) Facilities failure;
(E) Security threats; or
(F) Other extraordinary circumstances as determined by the presiding judge; or
(2) Presiding remotely in a matter is essential to prevent a significant delay that would substantially prejudice the litigants.
Rule 10.635 adopted effective July 1, 2024