(a) Definitions
As used in this rule:
(1) “Persons who are lactating” means individuals who may need to express breast milk, including but not limited to those specified in Government Code section 69894 et seq.
(2) “Applicant” means any court user who is participating in an ongoing court proceeding in a superior court.
(3) “Accommodations” means providing break time from court proceedings in a superior court to pump or express breast milk. Accommodations may include making reasonable modifications in policies, practices, and procedures and providing access to a lactation room if the court has one.
(b) Policy
It is the policy of the courts of this state to ensure that persons who are lactating have equal and full access to the judicial system.
(c) Process for requesting accommodations to pump or express breast milk
The process for requesting accommodations to pump or express breast milk is as follows:
(1) Requests for accommodations may be presented ex parte on a form approved by the Judicial Council, in another written format, or orally.
(2) Requests for accommodations must include a description of the accommodation being requested. The court, in its discretion, may require the applicant to provide additional information about the request.
(3) Requests for accommodations should be made in advance, if possible.
(4) The court must keep confidential all information of the applicant concerning the request for accommodation unless confidentiality is waived in writing by the applicant or disclosure is required by law. The applicant’s identity and confidential information may not be disclosed to the public or to persons other than those involved in the accommodation process. Confidential information includes all medical information pertaining to the applicant and all oral or written communication from the applicant concerning the request for accommodation.
(d) Permitted communication
Communications under this rule must address only the accommodation requested by the applicant and must not address, in any manner, the subject matter or merits of the proceedings before the court.
(e) Response to accommodation request to pump or express breast milk
The court must respond to a request for accommodation to pump or express breast milk as follows:
(1) In determining whether to grant an accommodation request or provide an appropriate alternative accommodation, the court must consider but is not limited by Government Code section 69894 et seq.
(2) The court must promptly inform the applicant of the determination to grant or deny an accommodation request. If the accommodation request is denied in whole or in part, the response must be in writing. The response to the applicant must indicate:
(A) Whether the request for accommodation is granted or denied, in whole or in part, or an alternative accommodation is granted;
(B) If the request for accommodation is denied in whole or in part, the reason for the denial;
(C) The nature of any accommodation to be provided;
(D) The duration of any accommodation to be provided; and
(E) If the response is in writing, the date the response was delivered in person or sent to the applicant.
(f) Review procedure
(1) If the determination to grant or deny a request for accommodation is made by nonjudicial court personnel, an applicant may submit a written request for review of that determination to the presiding judge or designated judicial officer. The request for review must be submitted within 10 days of the date the response under rule 2.40(e)(2) was delivered in person or sent.
(2) If the determination to grant or deny a request for accommodation is made by a presiding judge or another judicial officer, an applicant may file a petition for a writ of mandate under rules 8.485–8.493 or 8.930–8.936 in the appropriate reviewing court. The petition must be filed within 10 days of the date the response under rule 2.40(e)(2) was delivered in person or sent to the petitioner. For purposes of this rule, only those participants in the proceeding who were notified by the court of the determination to grant or deny the request for accommodation are considered real parties in interest in a writ proceeding. The petition for the writ must be served on the respondent court and any real party in interest as defined in this rule.
(3) The confidentiality of all information of the applicant concerning the request for accommodation and review under rule 2.40(f)(1) must be maintained as required under rule 2.40(c)(4).
(g) Duration of accommodations
The accommodation by the court must be provided for the duration indicated in the response to the request for accommodation and must remain in effect for the period specified. The court may provide an accommodation for an indefinite period of time, for a limited period of time, or for a particular matter or appearance.
Rule 2.40 adopted effective January 1, 2026.
Advisory Committee Comment
Nothing in this rule limits the rights of persons who are lactating to seek accommodation under rule 1.100.
Subdivision (f)(2). Which court is the “appropriate reviewing court” under this rule depends on the court in which the accommodation decision is made and the nature of the underlying case. If the accommodation decision is made by a superior court judicial officer and the underlying case is a limited civil, misdemeanor, or infraction case, the appropriate reviewing court is the appellate division of the superior court. If the accommodation decision is made by a superior court judicial officer and the case is anything other than a limited civil, misdemeanor, or infraction case, such as a family law, unlimited civil, or felony case, the appropriate reviewing court is the Court of Appeal.