Conrad | Metlitzky | Kane recently heard from the leadership of the San Francisco Superior Court about the court’s operations during the pandemic in a “State of the Court” Question & Answer session. Presiding Judge Samuel K. Feng, Assistant Presiding Judge Anne-Christine Massullo, Judge Ethan P. Schulman, and Chief Executive Officer T. Michael Yuen answered questions from the bar focusing on the civil litigation departments, including court operations, safety measures, remote appearances, trials, and more.
In short, San Francisco Superior Court is up and running, and adapting to the current state of affairs. Law & Motion and the Complex Department are hearing cases, and civil cases are being set for trial. Below are some of the helpful tips and updates from the Court.
Trials Are Currently Being Assigned in Civil Cases… Trial calls are being held on Mondays and Wednesdays (litigants can appear via CourtCall), and judges are assigning trial dates. Don’t assume that your trial is going to be continued!
… But Parties Are Strongly Encouraged to Explore Settlement. Judge Feng asks all parties appearing before him where settlement talks stand, and frequently refers parties to mandatory or voluntary settlement conferences. He also advises that every civil trial judge will assign parties to a mandatory settlement conference, often conducted by a volunteer judge pro tem.
Trials Are Taking More Time. Trials are generally moving more slowly due to coronavirus safety measures. If pre-coronavirus, a trial might take about four weeks to complete, allow for an additional week or two.
Trials Are Using a Hybrid In-Person/Remote System. The civil departments are learning from the experience of the criminal division, in which some 90% of jurors have been appearing virtually for their first day of reporting (to complete jury questionnaires). In addition, judges are exploring using two courtrooms for trials: one for lead counsel, jurors, and witnesses, and a second “overflow” courtroom with a Zoom livestream for additional counsel and satellite attendees.
The Court Is Considering Virtual Voir Dire. Judge Massullo is in contact with the LA Superior Court, which is starting a remote voir dire program. SF Superior may consider one as well depending on LA’s success.
Trial Considerations for Remote Witnesses. Counsel should consider—and some judges may require—stipulating that all witnesses appearing remotely are in a secure location and are not texting or otherwise communicating with anybody during their testimony.
Limitations on Stipulations to Appear Remotely. While parties may stipulate to remote appearances for pre-trial hearings, the panel advised that judges may not always agree. Judge Massullo, for example, prefers in-court appearances for motions in limine.
Law & Motion Is Fully Operational. The Law & Motion Department is operating much as it did pre-pandemic, only remotely. Daily Law & Motion hearings are heard via Zoom at 9:30 am, Discovery via Zoom at 9:00 am, and Ex Parte via CourtCall at 11:00 am.
Reservations Are Not Required in Law & Motion. While pre-pandemic, parties were required to secure a hearing date reservation, that requirement has been temporarily abolished. Litigants are nonetheless encouraged to meet and confer with opposing counsel about a hearing date prior to filing.
Litigants Are Encouraged to Email Law & Motion Clerks Rather Than Call. The Law & Motion clerks are generally doing more work over email than telephone. Litigants may still leave phone messages, but are strongly recommended to communicate with clerks via email in the first instance.
Applications for Complex Designation Are Being Reviewed. Judge Feng and Judge Massullo have completed much of the backlog of applications for complex designation that existed earlier in the pandemic. They advise that they generally make decisions on applications two weeks after application for designation, at the earliest.
The Court Has Implemented Several Safety Precautions. All persons entering the courthouse, including judges and employees, are expected to self-screen for coronavirus exposure, travel within the last 14 days, and COVID-19 symptoms. Masks are mandatory and social distancing is enforced by the Sheriff’s Department. All courthouses are equipped with MERV 13 air filters, wipes, and hand sanitizer.