Emergency Rules 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 of the California Rules of Court are
adopted effective April 6, 2020, to read:
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Emergency rule 1. Unlawful detainers
(a)

Application
Notwithstanding any other law, including Code of Civil Procedure sections 1166,
1167, 1169, and 1170.5, this rule applies to all actions for unlawful detainer.

(b)

Issuance of summons
A court may not issue a summons on a complaint for unlawful detainer unless the
court finds, in its discretion and on the record, that the action is necessary to protect
public health and safety.

(c)

Entry of default
A court may not enter a default or a default judgment for restitution in an unlawful
detainer action for failure of defendant to appear unless the court finds both of the
following:

(d)

(1)

The action is necessary to protect public health and safety; and

(2)

The defendant has not appeared in the action within the time provided by
law, including by any applicable executive order.

Time for trial
If a defendant has appeared in the action, the court may not set a trial date earlier
than 60 days after a request for trial is made unless the court finds that an earlier
trial date is necessary to protect public health and safety. Any trial set in an
unlawful detainer proceeding as of April 6, 2020 must be continued at least 60 days
from the initial date of trial.

(e)

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.

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Emergency rule 2. Judicial foreclosures—suspension of actions
Notwithstanding any other law, this rule applies to any action for foreclosure on a
mortgage or deed of trust brought under chapter 1, title 10, of part 2 of the Code of Civil
Procedure, beginning at section 725a, including any action for a deficiency judgment, and
provides that, until 90 days after the Governor declares that the state of emergency
related to the COVID-19 pandemic is lifted, or until this rule is amended or repealed by
the Judicial Council:
(1)

All such actions are stayed, and the court may take no action and issue no
decisions or judgments unless the court finds that action is required to further the
public health and safety.

(2)

Any statute of limitations for filing such an action is tolled.

(3)

The period for electing or exercising any rights under that chapter, including
exercising any right of redemption from a foreclosure sale or petitioning the court
in relation to such a right, is extended.

Emergency rule 3. Use of technology for remote appearances
(a)

Remote appearances

Notwithstanding any other law, in order to protect the health and safety of the public,
including court users, both in custody and out of custody defendants, witnesses, court
personnel, judicial officers, and others, courts must conduct judicial proceedings and
court operations as follows:
(1)

Courts may require that judicial proceedings and court operations be
conducted remotely.

(2)

In criminal proceedings, courts must receive the consent of the defendant to
conduct the proceeding remotely and otherwise comply with emergency rule
5. Notwithstanding Penal Code sections 865 and 977 or any other law, the
court may conduct any criminal proceeding remotely. As used in this rule,
“consent of the defendant” means that the consent of the defendant is
required only for the waiver of the defendant’s appearance as provided in
emergency rule 5. For good cause shown, the court may require any witness
to personally appear in a particular proceeding.

(3)

Conducting proceedings remotely includes, but is not limited to, the use of
video, audio, and telephonic means for remote appearances; the electronic
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exchange and authentication of documentary evidence; e-filing and e-service;
the use of remote interpreting; and the use of remote reporting and electronic
recording to make the official record of an action or proceeding.
(b)

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.

Emergency rule 4. Emergency Bail Schedule
(a)

Purpose
Notwithstanding any other law, this rule establishes a statewide Emergency Bail
Schedule, which is intended to promulgate uniformity in the handling of certain
offenses during the state of emergency related to the COVID-19 pandemic.

(b)

Mandatory application
No later than 5 p.m. on April 13, 2020, each superior court must apply the
statewide Emergency Bail Schedule:

(c)

(1)

To every accused person arrested and in pretrial custody.

(2)

To every accused person held in pretrial custody.

Setting of bail and exceptions

Under the statewide Emergency Bail Schedule, bail for all misdemeanor and felony
offenses must be set at $0, with the exception of only the offenses listed below:
(1)

A serious felony, as defined in Penal Code section 1192.7(c), or a violent
felony, as defined in Penal Code section 667.5(c);

(2)

A felony violation of Penal Code section 69;

(3)

A violation of Penal Code section 166(c)(1);

(4)

A violation of Penal Code section 136.1 when punishment is imposed under
section 136.1(c);

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(5)

A violation of Penal Code section 262;

(6)

A violation of Penal Code sections 243(e)(1) or 273.5;

(7)

A violation of Penal Code section 273.6 if the detained person made threats
to kill or harm, has engaged in violence against, or has gone to the residence
or workplace of, the protected party;

(8)

A violation of Penal Code section 422 where the offense is punished as a
felony;

(9)

A violation of Penal Code section 646.9;

(10) A violation of an offense listed in Penal Code section 290(c);
(11) A violation of Vehicle Code sections 23152 or 23153;
(12) A felony violation of Penal Code section 463; and
(13) A violation of Penal Code section 29800.
(d)

Ability to deny bail
Nothing in the Emergency Bail Schedule restricts the ability of the court to deny
bail as authorized by article I, section 12, or 28(f)(3) of the California Constitution.

(e)

Application of countywide bail schedule
(1)

The current countywide bail schedule of each superior court must remain in
effect for all offenses listed in exceptions (1) through (13) of the Emergency
Bail Schedule, including any count-specific conduct enhancements and any
status enhancements.

(2)

Each superior court retains the authority to reduce the amount of bail listed in
the court’s current countywide bail schedule for offenses in exceptions (1)
through (13), or for any offenses not in conflict with the Emergency Bail
Schedule.

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(f)

(g)

Bail for violations of post-conviction supervision
(1)

Under the statewide Emergency Bail Schedule, bail for all violations of
misdemeanor probation, whether the arrest is with or without a bench
warrant, must be set at $0.

(2)

Bail for all violations of felony probation, parole, post-release community
supervision, or mandatory supervision, must be set in accord with the
statewide Emergency Bail Schedule, or for the bail amount in the court’s
countywide schedule of bail for charges of conviction listed in exceptions (1)
through (13), including any enhancements.

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.

Emergency rule 5. Personal appearance waivers of defendants during health
emergency
(a)

Application
Notwithstanding any other law, including Penal Code sections 865 and 977, this
rule applies to all criminal proceedings except cases alleging murder with special
circumstances and cases in which the defendant is currently incarcerated in state
prison, as governed by Penal Code section 977.2.

(b)

Types of personal appearance waivers
(1)

With the consent of the defendant, the court must allow a defendant to waive
his or her personal appearance and to appear remotely, either through video
or telephonic appearance, when the technology is available.

(2)

With the consent of the defendant, the court must allow a defendant to waive
his or her appearance and permit counsel to appear on his or her behalf. The
court must accept a defendant’s waiver of appearance or personal appearance
when:
(A)

Counsel for the defendant makes an on the record oral representation
that counsel has fully discussed the waiver and its implications with the

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defendant and the defendant has authorized counsel to proceed as
counsel represents to the court;

(c)

(d)

(B)

Electronic communication from the defendant as confirmed by
defendant’s counsel; or

(C)

Any other means that ensures the validity of the defendant’s waiver.

Consent by the defendant
(1)

For purposes of arraignment and entry of a not guilty plea, consent means a
knowing, intelligent, and voluntary waiver of the right to appear personally in
court. Counsel for the defendant must state on the record at each applicable
hearing that counsel is proceeding with the defendant’s consent.

(2)

For purposes of waiving time for a preliminary hearing, consent also means a
knowing, intelligent, and voluntary waiver of the right to hold a preliminary
hearing within required time limits specified either in Penal Code section
859b or under emergency orders issued by the Chief Justice and Chair of the
Judicial Council.

(3)

The court must accept defense counsel’s representation that the defendant
understands and agrees with waiving any right to appear unless the court has
specific concerns in a particular matter about the validity of the waiver.

Appearance through counsel
(1)

(2)

When counsel appears on behalf of a defendant, courts must allow counsel to
do any of the following:
(A)

Waive reading and advisement of rights for arraignment.

(B)

Enter a plea of not guilty.

(C)

Waive time for the preliminary hearing.

For appearances by counsel, including where the defendant is either
appearing remotely or has waived his or her appearance and or counsel is
appearing by remote access, counsel must confirm to the court at each
hearing that the appearance by counsel is made with the consent of the
defendant.

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(e)

(f)

Conduct of remote hearings
(1)

With the defendant’s consent, a defendant may appear remotely for any
pretrial criminal proceeding.

(2)

Where a defendant appears remotely, counsel may not be required to be
personally present with the defendant for any portion of the criminal
proceeding provided that the audio and/or video conferencing system or other
technology allows for private communication between the defendant and his
or her counsel. Any private communication is confidential and privileged
under Evidence Code section 952.

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.

Emergency rule 6. Emergency orders: juvenile dependency proceedings
(a)

Application
This rule applies to all juvenile dependency proceedings filed or pending until the
state of emergency related to the COVID-19 pandemic is lifted.

(b)

Essential hearings and orders
The following matters should be prioritized in accordance with existing statutory
time requirements.
(1)

Protective custody warrants filed under Welfare and Institutions Code section
340.

(2)

Detention hearings under Welfare and Institutions Code section 319. The
court is required to determine if it is contrary to the child’s welfare to remain
with the parent, whether reasonable efforts were made to prevent removal,
and whether to vest the placing agency with temporary placement and care.

(3)

Psychotropic medication applications.

(4)

Emergency medical requests.

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(c)

(5)

A petition for reentry of a nonminor dependent.

(6)

Welfare and Institutions Code section 388 petitions that require an immediate
response based on the health and safety of the child, which should be
reviewed for a prima facie showing of change of circumstances sufficient to
grant the petition or to set a hearing. The court may extend the final ruling on
the petition beyond 30 days.

Foster care hearings and continuances during the state of emergency
(1)

A court may hold any proceeding under this rule via remote technology
consistent with rule 5.531 and emergency rule 3.

(2)

At the beginning of any hearing at which one or more participants appears
remotely, the court must admonish all the participants that the proceeding is
confidential and of the possible sanctions for violating confidentiality.

(3)

The child welfare agency is responsible for notice of remote hearings unless
other arrangements have been made with counsel for parents and children.
Notice is required for all parties and may include notice by telephone or other
electronic means. The notice must also include instructions on how to
participate in the court hearing remotely.

(4)

Court reports
(A)

Attorneys for parents and children must accept service of the court
report electronically.

(B)

The child welfare agency must ensure that the parent and the child
receive a copy of the court report on time.

(C)

If a parent or child cannot receive the report electronically, the child
welfare agency must deliver a hard copy of the report to the parent and
the child on time.

(5)

Nothing in this subdivision prohibits the court from making statutorily
required findings and orders, by minute order only and without a court
reporter, by accepting written stipulations from counsel when appearances
are waived if the stipulations are confirmed on the applicable Judicial
Council forms or equivalent local court forms.

(6)

If a court hearing cannot occur either in the courthouse or remotely, the
hearing may be continued up to 60 days, except as otherwise specified.
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(A)

(B)

(7)

A dispositional hearing under Welfare and Institutions Code section
360 should not be continued more than 6 months after the detention
hearing without review of the child’s circumstances. In determining
exceptional circumstances that justify holding the dispositional hearing
more than 6 months after the child was taken into protective custody,
the impact of the state of emergency related to the COVID-19
pandemic must be considered.
i.

If the dispositional hearing is continued more than 6 months after
the start date of protective custody, a review of the child must be
held at the 6-month date. At the review, the court must determine
the continued necessity for and appropriateness of the placement;
the extent of compliance with the case plan or available services
that have been offered; the extent of progress which has been
made toward alleviating or mitigating the causes necessitating
placement; and the projected likely date by which the child may
return home or placed permanently.

ii.

The court may continue the matter for a full hearing on all
dispositional findings and orders.

A judicial determination of reasonable efforts must be made within 12
months of the date a child enters foster care to maintain a child’s
federal title IV-E availability. If a permanency hearing is continued
beyond the 12-month date, the court must review the case to determine
if the agency has made reasonable efforts to return the child home or
arrange for the child to be placed permanently. This finding can be
made without prejudice and may be reconsidered at a full hearing.

During the state of emergency related to the COVID-19 pandemic, previously
authorized visitation must continue, but the child welfare agency is to
determine the manner of visitation to ensure that the needs of the family are
met. If the child welfare agency changes the manner of visitation for a child
and a parent or legal guardian in reunification, or for the child and a
sibling(s), or a hearing is pending under Welfare and Institutions Code
section 366.26, the child welfare agency must notify the attorneys for the
children and parents within 5 court days of the change. All changes in
manner of visitation during this time period must be made on a case by case
basis, balance the public health directives and best interest of the child, and
take into consideration whether in-person visitation may continue to be held
safely. Family time is important for child and parent well-being, as well as
for efforts toward reunification. Family time is especially important during
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times of crisis. Visitation may only be suspended if a detriment finding is
made in a particular case based on the facts unique to that case. A detriment
finding must not be based solely on the existence of the impact of the state of
emergency related to the COVID-19 pandemic or related public health
directives.

(d)

(A)

The attorney for the child or parent may ask the juvenile court to
review the change in manner of visitation. The child or parent has the
burden of showing that the change is not in the best interest of the child
or is not based on current public health directives.

(B)

A request for the court to review the change in visitation during this
time period must be made within 14 court days of the change. In
reviewing the change in visitation, the court should take into
consideration the factors in (c)(7).

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.
Advisory Committee Comment

When courts are unable to hold regular proceedings because of an emergency that has resulted in
an order as authorized under Government Code section 68115, federal timelines do not stop.
Circumstances may arise where reunification services to the parent, including visitation, may not
occur or be provided. The court must consider the circumstances of the emergency when deciding
whether to extend or terminate reunification services and whether services were reasonable given
the state of the emergency. (Citations: 42 U.S.C. § 672(a)(1)–(2), (5); 45 CFR § 1355.20; 45 CFR
§ 1356.21 (b) – (d); 45 C.F.R. § 1356.71(d)(1)(iii); Child Welfare Policy Manual, 8.3A.9 Title
IV-E, Foster Care Maintenance Payments Program, Reasonable efforts, Question 2
(www.acf.hhs.gov/cwpm/public_html/programs/cb/laws_policies/laws/cwpm/policy_dsp.jsp?citI
D=92)]); Letter dated March 27, 2020, from Jerry Milner, Associate Commissioner, Children’s
Bureau, Administration for Children and Families, U.S. Department of Health and Human
Services.)

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Emergency rule 7. Emergency orders: juvenile delinquency proceedings
(a)

Application
This rule applies to all proceedings in which a petition has been filed under Welfare
and Institutions Code section 602 in which a hearing would be statutorily required
during the state of emergency related to the COVID-19 pandemic.

(b)

Juvenile delinquency hearings and orders during the state of emergency
(1)

A hearing on a petition for a child who is in custody under Welfare and
Institutions Code section 632 or 636 must be held within the statutory
timeframes as modified by an order of the court authorized by Government
Code section 68115. The court must determine if it is contrary to the welfare
of the child to remain in the home, whether reasonable services to prevent
removal occurred, and whether to place temporary placement with the
probation agency if the court will be keeping the child detained and out of the
home.

(2)

If a child is detained in custody and an in-person appearance is not feasible
due to the state of emergency, courts must make reasonable efforts to hold
any statutorily required hearing for that case via remote appearance within
the required statutory time frame and as modified by an order of the court
authorized under Government Code section 68115 for that proceeding. If a
remote proceeding is not a feasible option for such a case during the state of
emergency, the court may continue the case as provided in (d) for the
minimum period of time necessary to hold the proceedings.

(3)

Without regard to the custodial status of the child, the following hearings
should be prioritized during the state of emergency related to the COVID-19
pandemic:
(A)

Psychotropic medication applications.

(B)

All emergency medical requests.

(C)

A petition for reentry of a nonminor dependent.

(D)

A hearing on any request for a warrant for a child.

(E)

A probable cause determination for a child who has been detained but
has not had a detention hearing within the statutory time limits.

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(c)

(d)

(4)

Notwithstanding any other law, and except as described in (5), during the
state of emergency related to the COVID-19 pandemic, the court may
continue for good cause any hearing for a child not detained in custody who
is subject to its juvenile delinquency jurisdiction until a date after the state of
emergency has been lifted considering the priority for continued hearings in
(d).

(5)

For children placed in foster care under probation supervision, a judicial
determination of reasonable efforts must be made within 12 months of the
date the child enters foster care to maintain a child’s federal title IV-E
availability. If a permanency hearing is continued beyond the 12-month date,
the court must nevertheless hold a review to determine if the agency has
made reasonable efforts to return the child home or place the child
permanently. This finding can be made without prejudice and may be
reconsidered at a full hearing.

Proceedings with remote appearances during the state of emergency.
(1)

A court may hold any proceeding under this rule via remote technology
consistent with rule 5.531 and emergency rule 3.

(2)

At the beginning of any hearing conducted with one or more participants
appearing remotely, the court must admonish all the participants that the
proceeding is confidential and of the possible sanctions for violating
confidentiality.

(3)

The court is responsible for giving notice of remote hearings, except for
notice to a victim, which is the responsibility of the prosecuting attorney or
the probation department. Notice is required for all parties and may include
notice by telephone or other electronic means. The notice must also include
instructions on how to participate in the hearing remotely.

(4)

During the state of emergency, the court has broad discretion to take evidence
in the manner most compatible with the remote hearing process, including
but not limited to taking testimony by written declaration. If counsel for a
child or the prosecuting attorney objects to the court’s evidentiary
procedures, that is a basis for issuing a continuance under (d).

Continuances of hearings during the state of emergency.
Notwithstanding any other law, the court may for good cause continue any hearing
other than a detention hearing for a child who is detained in custody. In making this
determination, the court must consider the custody status of the child, whether there
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are evidentiary issues that are contested, and, if so, the ability for those issues to be
fairly contested via a remote proceeding.
(e)

Extension of time limits under Welfare and Institutions Code section 709
In any case in which a child has been found incompetent under Welfare and
Institutions Code section 709 and that child is eligible for remediation services or
has been found to require secure detention, any time limits imposed by section 709
for provision of services or for secure detention are tolled for the period of the state
of emergency if the court finds that remediation services could not be provided
because of the state of emergency.

(f)

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.
Advisory Committee Comment

This emergency rule is being adopted in part to ensure that detention hearings for
juveniles in delinquency court must be held in a timely manner to ensure that no child is
detained who does not need to be detained to protect the child or the community. The
statutory scheme for juveniles who come under the jurisdiction of the delinquency court
is focused on the rehabilitation of the child and thus makes detention of a child the
exceptional practice, rather than the rule. Juvenile courts are able to use their broad
discretion under current law to release detained juveniles to protect the health of those
juveniles and the health and safety of the others in detention during the current state of
emergency related to the COVID-19 pandemic.
Emergency rule 8. Emergency orders: temporary restraining or protective orders
(a)

Application
Notwithstanding any other law, this rule applies to any emergency protective order,
temporary restraining order, or criminal protective order that was requested, issued,
or set to expire during the state of emergency related to the COVID-19 pandemic.
This includes requests and orders issued under Family Code sections 6250 or 6300,
Code of Civil Procedure sections 527.6 , 527.8, or 527.85, Penal Code sections
136.2, 18125 or 18150, or Welfare and Institutions Code sections 213.5, 304,
362.4, or 15657.03, and including any of the foregoing orders issued in connection
with an order for modification of a custody or visitation order issued pursuant to a
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dissolution, legal separation, nullity, or parentage proceeding under Family Code
section 6221.
(b)

(c)

(d)

Duration of orders
(1)

Any emergency protective order made under Family Code section 6250 that
is issued or set to expire during the state of emergency, must remain in effect
for up to 30 days from the date of issuance.

(2)

Any temporary restraining order or gun violence emergency protective order,
issued or set to expire during the state of emergency related to the COVID-19
pandemic, must be continued for a period of time that the court determines is
sufficient to allow for a hearing on the long-term order to occur, for up to 90
days.

(3)

Any criminal protective order, subject to this rule, set to expire during the
state of emergency, must be automatically extended for a period of 90 days,
or until the matter can be heard, whichever occurs first.

(4)

Any restraining order or protective order after hearing that is set to expire
during the state of emergency related to the COVID-19 pandemic must be
automatically extended for up to 90 days from the date of expiration to enable
a protected party to seek a renewal of the restraining order.

Ex parte requests
(1)

Courts must provide a means for the filing of ex parte requests for temporary
restraining orders. Courts may do so by providing a physical location, drop
box, or, if feasible, through electronic means.

(2)

Any ex parte request may be filed using an electronic signature by a party or
a party’s attorney.

Service of Orders
If a respondent appears at a hearing by video, audio, or telephonically, and the
court grants an order, in whole or in part, no further service is required upon the
respondent for enforcement of the order, provided that the court follows the
requirements of Family Code section 6384.

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(e)

Entry of orders into California Law Enforcement Telecommunications System
Any orders issued by a court modifying the duration or expiration date of orders
subject to this rule, must be transmitted to the Department of Justice through the
California Law Enforcement Telecommunications System (CLETS), as provided in
Family Code section 6380, without regard to whether they are issued on Judicial
Council forms, or in another format during the state of emergency.

Emergency rule 9. Toll the statutes of limitations for civil causes of action
Notwithstanding any other law, the statutes of limitation for civil causes of action are
tolled from April 6, 2020, until 90 days after the Governor declares that the state of
emergency related to the COVID-19 pandemic is lifted.
Emergency rule 10. Extensions of time in which to bring a civil action to trial
(a)

Extension of five years in which to bring a civil action to trial
Notwithstanding any other law, including Code of Civil Procedure section 583.310,
for all civil actions filed on or before April 6, 2020, the time in which to bring the
action to trial is extended by six months for a total time of five years and six
months.

(b)

Extension of three years in which to bring a new trial
Notwithstanding any other law, including Code of Civil Procedure section 583.320,
for all civil actions filed on or before April 6, 2020, if a new trial is granted in the
action, the three years provided in section 583.320 in which the action must again
be brought to trial is extended by six months for a total time of three years and six
months. Nothing in this subdivision requires that an action must again be brought
to trial before expiration of the time prescribed in (a).

Emergency rule 11. Depositions through remote electronic means
(a)

Deponents appearing remotely
Notwithstanding any other law, including Code of Civil Procedure section
2025.310(a) and (b), and rule 3.1010(c) and (d), a party or nonparty deponent, at

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their election or the election of the deposing party, is not required to be present
with the deposition officer at the time of the deposition.
(b)

Sunset of rule
This rule will remain in effect until 90 days after the Governor declares that the
state of emergency related to the COVID-19 pandemic is lifted, or until amended or
repealed by the Judicial Council.

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