(a) Application
Subdivisions (b) through (d) of this rule are suspended from January 1, 2022, to January 1, 2026. During that time, the provisions in rule 3.672 apply in their place. This rule applies to all family law cases, except for actions for child support involving a local child support agency and cases governed by the Indian Child Welfare Act. Rule 5.324 governs telephone appearances in governmental child support cases. Welfare and Institutions Code section 224.2(k) governs telephone appearances in cases under the Indian Child Welfare Act.
(Subd (a) amended effective August 4, 2023; previously amended effective January 1, 2021, and January 1, 2022.)
(b) Telephone appearance
The court may permit a party to appear by telephone at a hearing, conference, or proceeding if the court determines that a telephone appearance is appropriate.
(c) Need for personal appearance
(1) At its discretion, the court may require a party to appear in person at a hearing, conference, or proceeding if the court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.
(2) If, at any time during a hearing, conference, or proceeding conducted by telephone, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.
(d) Local rules
Courts may develop local rules to specify procedures regarding appearances by telephone.
Rule 5.9 amended effective August 4, 2023; adopted effective January 1, 2013; previously amended effective January 1, 2021, and January 1, 2022.