Official Order on Remote Depositions and Service of Process

| by Heather Duncan, Esq.

Much has changed since our March Network News, including the way we are taking depositions.

As an update, some of these changes are outlined below.

On March 27, 2020, Governor Newsom signed executive order N-3820 to enhance the authority of California’s Judicial Branch to take emergency action in the face of the COVID-19 crisis. A copy of the order can be found here.

The Governor’s office summarized portions of the order as follows:

“Specifically, the executive order empowers the Judicial Council and the Chief Justice of the California Supreme Court to take necessary action to be able to conduct business and continue to operate while responding to the COVID-19 pandemic. The order does not affect any existing court order or rule.

The order allows the Judicial Branch to allow for remote depositions in every case (the law had previously required that parties be deposed in person) and electronic service of process. Additionally, the order leaves the Judicial Branch discretion to make any modifications to legal practice and procedure it deems necessary in order to continue conducting business.”

In response to the Governor’s order, on April 6, 2020 the Judicial Council enacted nearly a dozen rules designed to keep as many people as possible out of the courthouses while attempting to maintain basic judicial operations. These rules, which expand the permissible uses of remote technology, can be found here.

Network Deposition Services offers a free of charge easy to use remote application for taking remote depositions. Click here for a simple guide on how to connect to Network Now. All of us at Network Depo are well-versed in the use of remote deposition technology and here for you when you need us.

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