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2021 California Rules of Court

Rule 5.9. Appearance by telephone

(a) Application

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. Rule 5.482(g) governs telephone appearances in cases governed by the Indian Child Welfare Act.

(Subd (a) amended effective January 1, 2021.)

(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 January 1, 2021; adopted effective January 1, 2013.

Title 5, Family and Juvenile Rules-Division 1, Family Rules-Chapter 1, General Provisions-Article 4, Discovery; adopted January 1, 2013.

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