Recently, Conrad & Metlitzky attended a follow-up Q&A session with the leadership of the San Francisco Superior Court about court operations during the coronavirus pandemic. Presiding Judge Garrett L. Wong, Judge Samuel K. Feng, and Chief Executive Officer T. Michael Yuen answered questions from the bar about court operations, security, continuances, how each department is proceeding, in-person appearances, and more. The full presentation is available here. You can also read our tips from the Court’s last Q&A session here.
Below are some of the helpful tips and updates we learned.
SF Superior Is Up and Running at Approx. 70%. All departments of the court are open for business, and the court has resumed summoning jurors and trying cases.
Essential Cases Come First. Essential cases are being prioritized. These include: cases with preference due to age or health reasons under Code of Civil Procedure section 36, cases that are at risk of dismissal due to pendency for more than five years under Code of Civil Procedure section 583.310, “exception” cases involving a threat of violence or to public safety, and unlawful detainer cases.
Litigants Must Continue to Show Good Cause for Continuances. Many litigants have been simply citing the pandemic as the basis for a continuance. This is not sufficient for the Court to make a record that the “good cause” standard has been met—parties must provide more specific reasons, such as a witness being unable to travel due to the pandemic, or a doctor being unable to perform an IME because the doctor cannot travel or his or her schedule has been consumed with emergency visits or COVID patient needs.
Law and Motion Is Proceeding Via Zoom. The Court is hearing law and motion matters via Zoom, limited to 15 per day. Parties need not reserve a hearing date in advance, but must file motions following the usual statutory notice requirements. Parties must provide courtesy copies of regularly noticed motions to the Court in advance.
Ex Parte Hearings Are Proceeding. Various ex parte calendars are proceeding via CourtCall and may later proceed via Zoom, including Law & Motion and the Presiding Judge’s Department (for trial continuances). Check the website for up-to-date details as to how to appear remotely.
Civil Discovery Matters Are Currently Booked Out Until At Least September 2020. Judges pro tem are also proceeding via Zoom and are working hard to get up to speed on the current pending motions. At present, they are booked out until at least September. Courtesy copies for judges pro tem are not required and should not be delivered to Law and Motion, but e-copies of all papers should be submitted electronically to discovery302@sftc.org.
Civil Cases Are Being Sent Out For Trial. The Court has been having regular Monday trial call and is prepared to send civil cases out for trial. Cases will often be sent to a settlement conference beforehand, which so far has resolved almost all cases without a trial.
At Least One Virtual Trial Has Been Conducted. Judge Anne-Christine Massullo successfully conducted a virtual bench trial lasting 4-5 days.
The Court Has Upped Its Digital Security. In the wake of at least one “Zoom bomb” incident, the Court has made IT security adjustments in order to protect privacy, security, and confidentiality while also balancing the right of public access. The Court has also disabled the “chat” function on Zoom.
Parties Are Encouraged to Appear Remotely, But the Courthouse Has Also Instituted Changes to Effect Social Distancing. While parties are encouraged to appear via CourtCall or Zoom depending on the department, the Court is cognizant that some parties will prefer to attend in person and asks that all parties wear face masks and adhere to social distancing guidelines. The Court has removed benches and other furniture to discourage congregating in hallways, has marked seats in courtrooms that should not be occupied, and has marked elevators with X’s to avoid overcrowding. The Court is also providing wipes and encourages visitors to wipe surfaces, microphones, and podiums before and after speaking.
If Appearing in Person, Come Early. Parties are advised that queues to enter the building have been long. Parties should give themselves an hour to get through security.
The Court Will Issue General Orders as Necessitated by State Leadership. The Court’s General Orders rely on and take cues from the orders issued by the Governor’s office and the Judicial Council. Any future orders will depend on the trends of the pandemic.