# AMENDMENT TO THE CALIFORNIA RULES OF COURT (2019) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/court_rules%3Aca%3A2a0051359c5411a5 ## Record - **Collection:** Court rules - **Document type:** Court rule ## Text AMENDMENT TO THE CALIFORNIA RULES OF COURT Adopted by the Judicial Council on September 21, 2018, effective January 1, 2019 1 2 Rule 1.51. California Law Enforcement Telecommunications System (CLETS) information form ......................................................................................................... 4 3 Rule 2.250. Construction and definitions .................................................................. 4 4 Rule 2.251. Electronic service ................................................................................... 5 5 6 Rule 2.255. Contracts with electronic filing service providers and electronic filing managers ..................................................................................................................... 6 7 Rule 2.257. Requirements for signatures on documents............................................ 8 8 Chapter 2. Public Access to Electronic Trial Court Records ................................... 10 9 Article 1. General Provisions ................................................................................... 10 10 Rule 2.500. Statement of purpose ............................................................................ 10 11 Rule 2.501. Application, and scope, and information to the public.......................... 12 12 Rule 2.502. Definitions ............................................................................................. 13 13 Article 2. Public Access ........................................................................................... 14 14 Rule 2.503. Public access Application and scope ..................................................... 14 15 Rules 2.504–2.507 * * * ........................................................................................... 18 16 17 18 Article 3. Remote Access by a Party, Party’s Designee, Party’s Attorney, Court-Appointed Person, or Authorized Person Working in a Legal Organization or Qualified Legal Services Project .................................................... 18 19 Rule 2.515. Application and scope .......................................................................... 18 20 Rule 2.516. Remote access to extent feasible .......................................................... 19 21 Rule 2.517. Remote access by a party ..................................................................... 20 22 Rule 2.518. Remote access by a party’s designee ................................................... 20 23 Rule 2.519. Remote access by a party’s attorney .................................................... 22 24 25 Rule 2.520. Remote access by persons working in the same legal organization as a party’s attorney ......................................................................................................... 23 26 Rule 2.521. Remote access by a court-appointed person......................................... 25 27 28 Rule 2.522. Remote access by persons working in a qualified legal services project providing brief legal services .................................................................................... 26 29 Rule 2.523. Identity verification, identity management, and user access ................ 27 30 Rule 2.524. Security of confidential information .................................................... 29 31 Rule 2.525. Searches; unauthorized access............................................................... 29 32 Rule 2.526. Audit trails ............................................................................................ 30 33 Rule 2.527. Additional conditions of access ............................................................ 31 1 Rule 2.528. Termination of remote access................................................................ 31 2 Article 4. Remote Access by Government Entities ................................................. 31 3 Rule 2.540. Application and scope .......................................................................... 31 4 Rule 2.541. Identity verification, identity management, and user access ................ 34 5 Rule 2.542. Security of confidential information .................................................... 35 6 Rule 2.543. Audit trails ............................................................................................ 36 7 Rule 2.544. Additional conditions of access ............................................................ 36 8 Rule 2.545. Termination of remote access............................................................... 37 9 Rule 2.1009. Permanent medical excuse from jury service ..................................... 37 10 Article 4. Protective Orders ..................................................................................... 40 11 12 13 Rule 3.1160 3.1152. Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, and elder or dependent adult abuse ................................................................................................................ 40 14 15 Rule 3.1161. Request to make minor’s information confidential in civil harassment protective order proceedings ..................................................................................... 40 16 17 Rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang database ................................. 47 18 Rule 4.131. Probable cause determinations under section 1368.1(a)(2).................. 51 19 Rule 5.97. Time frames for transferring jurisdiction ............................................... 52 20 21 Rule 5.382. Request to make minor’s information confidential in domestic violence protective order proceedings ..................................................................................... 54 22 Rule 5.526. Citation to appear; warrants of arrest; subpoenas ................................. 61 23 Rule 5.552. Confidentiality of records (§§ 827, 827.12, 828) ................................. 62 24 25 Chapter 7. Intercounty Transfers and Placements; Interstate Compact on the Placement of Children............................................................................................... 63 26 Rule 5.610. Transfer-out hearing ............................................................................. 63 27 Rule 5.614. Courtesy supervision (§§ 380, 755) ..................................................... 64 28 Rule 5.614. Intercounty Placements ........................................................................ 64 29 30 Rule 5.678. Findings in support of detention; factors to consider; reasonable efforts; detention alternatives ................................................................................................ 66 31 Rule 5.690. General conduct of disposition hearing ................................................ 69 32 Rule 5.695. Findings and orders of the court—disposition ..................................... 70 33 Rule 5.708. General review hearing requirements................................................... 71 34 Rule 5.764 * * * ........................................................................................................ 73 1 Chapter 13. Cases Petitioned Under Sections 601 and 602 ..................................... 73 2 Article 2. Fitness Hearings on Transfer of Jurisdiction to Criminal Court .............. 73 3 4 5 Rule 5.811. Modification to transition jurisdiction for a ward older than 17 years and 5 months with a petition subject to dismissal (Welf. & Inst. Code, §§ 450, 451, 727.2(i)–(j), 778; Pen. Code, § 236.14) .................................................................... 73 6 7 8 Rule 5.812. Additional requirements for any hearing to terminate jurisdiction over child in foster care and for status review or dispositional hearing for child approaching majority (§§ 450, 451, 727.2(i)–(j), 778) ............................................. 78 9 10 Rule 5.903. Nonminor dependent status review hearing (§§ 224.1(b), 295, 366.1, 366.3, 366.31) ........................................................................................................... 81 11 12 Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1) .............................................................................. 82 13 Rule 8.45. General provisions .................................................................................. 84 14 Rule 8.46. Sealed records......................................................................................... 85 15 Rule 8.47. Confidential records ............................................................................... 88 16 Rule 8.887. Decisions .............................................................................................. 91 17 Rule 8.888. Finality and modification of decision ................................................... 92 18 Rule 8.889. Rehearing.............................................................................................. 93 19 Rule 8.935. Filing, finality, and modification of decisions; rehearing; remittitur ... 93 20 Rule 8.976. Filing, finality, and modification of decisions; remittitur .................... 94 21 Rule 8.1005. Certification for transfer by the appellate division ............................. 95 22 Rule 10.64. Trial Court Budget Advisory Committee ............................................. 95 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Rule 1.51. California Law Enforcement Telecommunications System (CLETS) information form (a) Confidential CLETS Information form to be submitted to the court A person requesting protective orders under Code of Civil Procedure section 527.6, 527.8, or 527.85; Family Code section 6320, 6404, or 6454; Penal Code sections 18100–18205; or Welfare and Institutions Code section 213.5 or 15657.03 must submit to the court with the request a completed Confidential CLETS Information form. (Subd (a) amended effective January 1, 2019.) (b)–(e) * * * Rule 1.51 amended effective January 1, 2019; adopted effective January 1, 2011. Rule 2.250. Construction and definitions (a) *** (b) Definitions As used in this chapter, unless the context otherwise requires: (1) A “document” is a pleading, a paper, a declaration, an exhibit, or another filing writing submitted by a party or other person, or by an agent of a party or other person on the party’s or other person’s behalf. A document is also a notice, order, judgment, or other issuance by the court. A document may be in paper or electronic form. (2) “Electronic service” has the same meaning as defined in Code of Civil Procedure section 1010.6 is service of a document on a party or other person by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party’s or other person’s attorney, through an electronic filing service provider, or by a court. (3) “Electronic transmission” has the same meaning as defined in Code of Civil Procedure section 1010.6 means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (4) “Electronic notification” has the same meaning as defined in Code of Civil Procedure section 1010.6 means the notification of a party or other person that a document is served by sending an electronic message to the electronic service address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served and providing a hyperlink at which the served document can be viewed and downloaded. (5)–(8) * * * (9) An “electronic filing manager” is a service that acts as an intermediary between a court and various electronic filing service provider solutions certified for filing into California courts. (10) “Self-represented” means a party or other person who is unrepresented in an action by an attorney and does not include an attorney appearing in an action who represents himself or herself. (Subd (b) amended effective January 1, 2019; adopted as unlettered subd effective January 1, 2003; previously amended and lettered effective January 1, 2011; previously amended effective July 1, 2013, and January 1, 2018.) Rule 2.250 amended effective January 1, 2019; adopted as rule 2050 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2006, January 1, 2008, January 1, 2011, July 1, 2013, and January 1, 2018. Rule 2.251. Electronic service (a) *** (b) Electronic service by express consent of the parties (1) Electronic service may be established by consent. A party or other person indicates that the party or other person agrees to accept electronic service by: (A) Serving a notice on all parties and other persons that the party or other person accepts electronic service and filing the notice with the court. The notice must include the electronic service address at which the party or other person agrees to accept service; or (B) Electronically filing any document with the court. The act of electronic filing is evidence that the party or other person agrees to accept service at the electronic service address the party or other person has furnished 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 to the court under rule 2.256(a)(4). This subparagraph (B) does not apply to self-represented parties or other self-represented persons; they must affirmatively consent to electronic service under subparagraph(A). Manifesting affirmative consent through electronic means with the court or the court’s electronic filing service provider, and concurrently providing the party’s electronic service address with that consent for the purpose of receiving electronic service. (C) (2) A party or other person may manifest affirmative consent under (B) by: (i) Agreeing to the terms of service agreement with an electronic filing service provider, which clearly states that agreement constitutes consent to receive electronic service electronically; or (ii) Filing Consent to Electronic Service and Notice of Electronic Service Address (form EFS-005-CV). A party or other person that has consented to electronic service under (1) and has used an electronic filing service provider to serve and file documents in a case consents to service on that electronic filing service provider as the designated agent for service for the party or other person in the case, until such time as the party or other person designates a different agent for service. (Subd (b) amended effective January 1, 2019; adopted as part of subd (a); previously amended and relettered effective July 1, 2013; previously amended effective January 1, 2007, January 1, 2008, January 1, 2011, and January 1, 2018.) (c)–(k) *** Rule 2.251 amended effective January 1, 2019; adopted as rule 2060 effective January 1, 2003; previously amended and renumbered as rule 2.260 effective January 1, 2007, and as rule 2.251 effective January 1, 2011; previously amended effective January 1, 2008, January 1, 2009, July 1, 2009, January 1, 2010, July 1, 2013, January 1, 2016, January 1, 2017, and January 1, 2018. Rule 2.255. Contracts with electronic filing service providers and electronic filing managers (a) Right to contract (1) A court may contract with one or more electronic filing service providers to furnish and maintain an electronic filing system for the court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (2) If the court contracts with an electronic filing service provider, it may require electronic filers to transmit the documents to the provider. (3) A court may contract with one or more electronic filing managers to act as an intermediary between the court and electronic filing service providers. (3)(4) If the court contracts with an electronic service provider or the court has an in-house system, the provider or system must accept filing from other electronic filing service providers to the extent the provider or system is compatible with them. (Subd (a) amended effective January 1, 2019; previously amended effective January 1, 2007, and January 1, 2011.) (b) Provisions of contract (1) The court’s contract with an electronic filing service provider may: (A) Allow the provider to charge electronic filers a reasonable fee in addition to the court’s filing fee; (B) Allow the provider to make other reasonable requirements for use of the electronic filing system. (2) The court’s contract with an electronic filing service provider must comply with the requirements of Code of Civil Procedure section 1010.6. (3) The court’s contract with an electronic filing manager must comply with the requirements of Code of Civil Procedure section 1010.6. (Subd (b) amended effective January 1, 2019; previously amended effective January 1, 2018.) (c) Transmission of filing to court (1) An electronic filing service provider must promptly transmit any electronic filing and any applicable filing fee to the court directly or through the court’s electronic filing manager. (2) An electronic filing manager must promptly transmit an electronic filing and any applicable filing fee to the court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (Subd (c) amended effective January 1, 2019; previously amended effective January 1, 2011.) (d) *** (e) Ownership of information All contracts between the court and electronic filing service providers or the court and electronic filing managers must acknowledge that the court is the owner of the contents of the filing system and has the exclusive right to control the system’s use. (Subd (e) amended effective January 1, 2019; previously amended effective January 1, 2007.) (f) Establishing a filer account with an electronic filing service provider (1) An electronic filing service provider may not require a filer to provide a credit card, debit card, or bank account information to create an account with the electronic filing service provider. (2) This provision applies only to the creation of an account and not to the use of an electronic filing service provider’s services. An electronic filing service provider may require a filer to provide a credit card, debit card, or bank account information before rendering services unless the services are within the scope of a fee waiver granted by the court to the filer. (Subd (f) adopted effective January 1, 2019.) Rule 2.255 amended effective January 1, 2019; adopted as rule 2055 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2011, and January 1, 2018. Rule 2.257. Requirements for signatures on documents (a) Electronic signature An electronic signature is an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign a document or record created, generated, sent, communicated, received, or stored by electronic means. (Subd (a) adopted effective January 1, 2019.) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (a)(b)Documents signed under penalty of perjury When a document to be filed electronically provides for a signature under penalty of perjury of any person, the document is deemed to have been signed by that person if filed electronically provided that either of the following conditions is satisfied: (1) The declarant has signed the document using an electronic signature a computer or other technology, in accordance with procedures, standards, and guidelines established by the Judicial Council and declares under penalty of perjury under the laws of the state of California that the information submitted is true and correct; or (2) The declarant, before filing, has physically signed a printed form of the document. By electronically filing the document, the electronic filer certifies that the original, signed document is available for inspection and copying at the request of the court or any other party. In the event this second method of submitting documents electronically under penalty of perjury is used, the following conditions apply: (A) At any time after the electronic version of the document is filed, any party may serve a demand for production of the original signed document. The demand must be served on all other parties but need not be filed with the court. (B) Within five days of service of the demand under (A), the party or other person on whom the demand is made must make the original signed document available for inspection and copying by all other parties. (C) At any time after the electronic version of the document is filed, the court may order the filing party or other person to produce the original signed document in court for inspection and copying by the court. The order must specify the date, time, and place for the production and must be served on all parties. (D) Notwithstanding (A)–(C), local child support agencies may maintain original, signed pleadings by way of an electronic copy in the statewide automated child support system and must maintain them only for the period of time stated in Government Code section 68152(a). If the local child support agency maintains an electronic copy of the original, signed pleading in the statewide automated child support system, it may destroy the paper original. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (Subd (b) relettered and amended effective January 1, 2019; adopted as subd (a); previously amended effective January 1, 2007, July 1, 2016, and January 1, 2018.) (b)(c) * * * (Subd (c) relettered effective January 1, 2019; adopted as subd (b); previously amended effective January 1, 2007.) (c)(d) * * * (Subd (d) relettered effective January 1, 2019; adopted as subd (c); previously amended effective January 1, 2007, and January 1, 2018.) (d)(e) * * * (Subd (e) relettered effective January 1, 2019; adopted as subd (d).) (e)(f) * * * (Subd (f) relettered effective January 1, 2019; adopted as subd (e) effective January 1, 2008.) Rule 2.257 amended effective January 1, 2019; adopted as rule 2057 effective January 1, 2003; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2008, July 1, 2016, and January 1, 2018. Advisory Committee Comment Subdivision (a)(1). The standards and guidelines for electronic signatures that satisfy the requirements for an electronic signature under penalty of perjury are contained in the Trial Court Records Manual. Chapter 2. Public Access to Electronic Trial Court Records Article 1. General Provisions Rule 2.500. Statement of purpose (a) Intent The rules in this chapter are intended to provide the public, parties, parties’ attorneys, legal organizations, court-appointed persons, and government entities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 with reasonable access to trial court records that are maintained in electronic form, while protecting privacy interests. (Subd (a) amended effective January 1, 2019.) (b) Benefits of electronic access Improved technologies provide courts with many alternatives to the historical paper-based record receipt and retention process, including the creation and use of court records maintained in electronic form. Providing public access to trial court records that are maintained in electronic form may save the courts, and the public, parties, parties’ attorneys, legal organizations, court-appointed persons, and government entities time, money, and effort and encourage courts to be more efficient in their operations. Improved access to trial court records may also foster in the public a more comprehensive understanding of the trial court system. (Subd (b) amended effective January 1, 2019.) (c) No creation of rights The rules in this chapter are not intended to give the public, parties, parties’ attorneys, legal organizations, court-appointed persons, and government entities a right of access to any record that they are not otherwise legally entitled to access. The rules do not create any right of access to records that are sealed by court order or confidential as a matter of law. (Subd (c) amended effective January 1, 2019; previously amended effective January 1, 2007.) Rule 2.500 amended effective January 1, 2019; adopted as rule 2070 effective July 1, 2002; previously amended and renumbered effective January 1, 2007. Advisory Committee Comment The rules in this chapter acknowledge the benefits that electronic court records provide but attempt to limit the potential for unjustified intrusions into the privacy of individuals involved in litigation that can occur as a result of remote access to electronic court records. The proposed rules take into account the limited resources currently available in the trial courts. It is contemplated that the rules may be modified to provide greater electronic access as the courts’ technical capabilities improve and with the knowledge is gained from the experience of the courts in providing electronic access under these rules. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Rule 2.501. Application, and scope, and information to the public (a) Application and scope The rules in this chapter apply only to trial court records as defined in rule 2.502(3). They do not apply to statutorily mandated reporting between or within government entities, or any other documents or materials that are not court records. (Subd (a) amended effective January 1, 2019; adopted as subd (b) effective July 1, 2002; amended and relettered effective January 1, 2007.) (b) Access by parties and attorneys Information to the public The rules in this chapter apply only to access to court records by the public. They do not limit access to court records by a party to an action or proceeding, by the attorney of a party, or by other persons or entities that are entitled to access by statute or rule. The website for each trial court must include a link to information that will inform the public of who may access their electronic records under the rules in this chapter and under what conditions they may do so. This information will be posted publicly on the California Courts website at www.courts.ca.gov. Each trial court may post additional information, in plain language, as necessary to inform the public about the level of access that the particular trial court is providing. (Subd (b) amended effective January 1, 2019; adopted as subd (c) effective July 1, 2002; amended and relettered effective January 1, 2007.) Rule 2.501 amended effective January 1, 2019; adopted as rule 2017 effective July 1, 2002; amended and renumbered effective January 1, 2007. Advisory Committee Comment The rules on remote access do not apply beyond court records to other types of documents, information, or data. Rule 2.502 defines a court record as “any document, paper, or exhibit filed in an action or proceeding; any order or judgment of the court; and any item listed in Government Code section 68151(a)—excluding any reporter’s transcript for which the reporter is entitled to receive a fee for any copy—that is maintained by the court in the ordinary course of the judicial process. The term does not include the personal notes or preliminary memoranda of judges or other judicial branch personnel, statutorily mandated reporting between government entities, judicial administrative records, court case information, or compilations of data drawn from court records where the compilations are not themselves contained in a court record.” (Cal. Rules of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Court, rule 2.502(3).) Thus, courts generate and maintain many types of information that are not court records and to which access may be restricted by law. Such information is not remotely accessible as court records, even to parties and their attorneys. If parties and their attorneys are entitled to access to any such additional information, separate and independent grounds for that access must exist. Rule 2.502. Definitions As used in this chapter, the following definitions apply: (1) “Authorized person” means a person authorized by a legal organization, qualified legal services project, or government entity to access electronic records. (2) “Brief legal services” means legal assistance provided without, or before, becoming a party’s attorney. It includes giving advice, having a consultation, performing research, investigating case facts, drafting documents, and making limited third party contacts on behalf of a client. (1)(3) “Court record” is any document, paper, or exhibit filed by the parties to in an action or proceeding; any order or judgment of the court; and any item listed in Government Code section 68151(a),—excluding any reporter’s transcript for which the reporter is entitled to receive a fee for any copy—that is maintained by the court in the ordinary course of the judicial process. The term does not include the personal notes or preliminary memoranda of judges or other judicial branch personnel, statutorily mandated reporting between or within government entities, judicial administrative records, court case information, or compilations of data drawn from court records where the compilations are not themselves contained in a court record. (4) “Court case information” refers to data that is stored in a court’s case management system or case histories. This data supports the court’s management or tracking of the action and is not part of the official court record for the case or cases. (4)(5) “Electronic access” means computer access by electronic means to court records available to the public through both public terminals at the courthouse and remotely, unless otherwise specified in the rules in this chapter. (2)(6) “Electronic record” is a computerized court record, regardless of the manner in which it has been computerized that requires the use of an electronic device to access. The term includes both a document record that has been filed electronically and an electronic copy or version of a record that was filed in paper form. The term does not include a court record that is maintained only on microfiche, paper, or any other medium that can be read without the use of an electronic device. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (7) “Government entity” means a legal entity organized to carry on some function of the State of California or a political subdivision of the State of California. Government entity also means a federally recognized Indian tribe or a reservation, department, subdivision, or court of a federally recognized Indian tribe. (8) “Legal organization” means a licensed attorney or group of attorneys, nonprofit legal aid organization, government legal office, in-house legal office of a nongovernmental organization, or legal program organized to provide for indigent criminal, civil, or juvenile law representation. (9) “Party” means a plaintiff, defendant, cross-complainant, cross-defendant, petitioner, respondent, intervenor, objector, or anyone expressly defined by statute as a party in a court case. (10) “Person” means a natural human being. (3)(11) “The public” means an individual a person, a group, or an entity, including print or electronic media, or the representative of an individual, a group, or an entity regardless of any legal or other interest in a particular court record. (12) “Qualified legal services project” has the same meaning under the rules of this chapter as in Business and Professions Code section 6213(a). (13) “Remote access” means electronic access from a location other than a public terminal at the courthouse. (14) “User” means an individual person, a group, or an entity that accesses electronic records. Rule 2.502 amended and renumbered effective January 1, 2019; adopted as rule 2072 effective July 1, 2002; previously amended and renumbered effective January 1, 2007. Article 2. Public Access Rule 2.503. Public access Application and scope (a) General right of access by the public (1) All electronic records must be made reasonably available to the public in some form, whether in electronic or in paper form, except those that are sealed by court order or made confidential by law. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (2) (b) The rules in this article apply only to access to electronic records by the public. Electronic access required to extent feasible A court that maintains the following records in electronic form must provide electronic access to them, both remotely and at the courthouse, to the extent it is feasible to do so: (c) (1) Registers of actions (as defined in Gov. Code, § 69845), calendars, and indexes in all cases; and (2) All court records in civil cases, except those listed in (c)(1)–(9)(11). Courthouse electronic access only A court that maintains the following records in electronic form must provide electronic access to them at the courthouse, to the extent it is feasible to do so, but may not provide public remote electronic access to these records only to the records governed by (b): (1) Records in a proceeding under the Family Code, including proceedings for dissolution, legal separation, and nullity of marriage; child and spousal support proceedings; child custody proceedings; and domestic violence prevention proceedings; (2) Records in a juvenile court proceeding; (3) Records in a guardianship or conservatorship proceeding; (4) Records in a mental health proceeding; (5) Records in a criminal proceeding; (6) Records in proceedings to compromise the claims of a minor or a person with a disability; (7)(6) Records in a civil harassment proceeding under Code of Civil Procedure section 527.6; (8)(7) Records in a workplace violence prevention proceeding under Code of Civil Procedure section 527.8; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (9)(8) Records in a private postsecondary school violence prevention proceeding under Code of Civil Procedure section 527.85; (10)(9)Records in an elder or dependent adult abuse prevention proceeding under Welfare and Institutions Code section 15657.03; and (10) Records in proceedings to compromise the claims of a minor or a person with a disability. (11) Records in a gun violence prevention proceeding under Penal Code sections 18100–18205. (d) * * * (e) Remote electronic access allowed in extraordinary criminal cases Notwithstanding (c)(5), the presiding judge of the court, or a judge assigned by the presiding judge, may exercise discretion, subject to (e)(1), to permit remote electronic access by the public to all or a portion of the public court records in an individual criminal case if (1) the number of requests for access to documents in the case is extraordinarily high and (2) responding to those requests would significantly burden the operations of the court. An individualized determination must be made in each case in which such remote electronic access is provided. (1) (2) In exercising discretion under (e), the judge should consider the relevant factors, such as: (A) *** (B) The benefits to and burdens on the parties in allowing remote electronic access, including possible impacts on jury selection; and (C) *** The court should, to the extent feasible, redact the following information from records to which it allows remote access under (e): driver license numbers; dates of birth; social security numbers; Criminal Identification and Information and National Crime Information numbers; addresses and phone numbers of parties, victims, witnesses, and court personnel; medical or psychiatric information; financial information; account numbers; and other personal identifying information. The court may order any party who files a document containing such information to provide the court with both an original unredacted version of the document for filing in the court file and a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 redacted version of the document for remote electronic access. No juror names or other juror identifying information may be provided by remote electronic access. This subdivision does not apply to any document in the original court file; it applies only to documents that are available by remote electronic access. (3) Five days’ notice must be provided to the parties and the public before the court makes a determination to provide remote electronic access under this rule. Notice to the public may be accomplished by posting notice on the court’s Web site website. Any person may file comments with the court for consideration, but no hearing is required. (4) The court’s order permitting remote electronic access must specify which court records will be available by remote electronic access and what categories of information are to be redacted. The court is not required to make findings of fact. The court’s order must be posted on the court’s Web site website and a copy sent to the Judicial Council. (f)–(i) *** Advisory Committee Comment The rule allows a level of access by the public to all electronic records that is at least equivalent to the access that is available for paper records and, for some types of records, is much greater. At the same time, it seeks to protect legitimate privacy concerns. Subdivision (c). This subdivision excludes certain records (those other than the register, calendar, and indexes) in specified types of cases (notably criminal, juvenile, and family court matters) from public remote electronic access. The committee recognized that while these case records are public records and should remain available at the courthouse, either in paper or electronic form, they often contain sensitive personal information. The court should not publish that information over the Internet. However, the committee also recognized that the use of the Internet may be appropriate in certain criminal cases of extraordinary public interest where information regarding a case will be widely disseminated through the media. In such cases, posting of selected nonconfidential court records, redacted where necessary to protect the privacy of the participants, may provide more timely and accurate information regarding the court proceedings, and may relieve substantial burdens on court staff in responding to individual requests for documents and information. Thus, under subdivision (e), if the presiding judge makes individualized determinations in a specific case, certain records in criminal cases may be made available over the Internet. Subdivisions (f) and (g). These subdivisions limit electronic access to records (other than the register, calendars, or indexes) to a case-by-case basis and prohibit bulk distribution of those 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 records. These limitations are based on the qualitative difference between obtaining information from a specific case file and obtaining bulk information that may be manipulated to compile personal information culled from any document, paper, or exhibit filed in a lawsuit. This type of aggregate information may be exploited for commercial or other purposes unrelated to the operations of the courts, at the expense of privacy rights of individuals. Courts must send a copy of the order permitting remote electronic access in extraordinary criminal cases to: Criminal Justice Services, Judicial Council of California, 455 Golden Gate Avenue, San Francisco, CA 94102-3688. Rules 2.504–2.507 * * * Article 3. Remote Access by a Party, Party’s Designee, Party’s Attorney, Court-Appointed Person, or Authorized Person Working in a Legal Organization or Qualified Legal Services Project Rule 2.515. Application and scope (a) No limitation on access to electronic records available under article 2 The rules in this article do not limit remote access to electronic records available under article 2. These rules govern access to electronic records where remote access by the public is not allowed. (b) Who may access The rules in this article apply to remote access to electronic records by: (1) A person who is a party; (2) A designee of a person who is a party; (3) A party’s attorney; (4) An authorized person working in the same legal organization as a party’s attorney; (5) An authorized person working in a qualified legal services project providing brief legal services; and (6) A court-appointed person. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Rule 2.515 adopted effective January 1, 2019. Advisory Committee Comment Article 2 allows remote access in most civil cases, and the rules in article 3 are not intended to limit that access. Rather, the article 3 rules allow broader remote access—by parties, parties’ designees, parties’ attorneys, authorized persons working in legal organizations, authorized persons working in a qualified legal services project providing brief services, and court-appointed persons—to those electronic records where remote access by the public is not allowed. Under the rules in article 3, a party, a party’s attorney, an authorized person working in the same legal organization as a party’s attorney, or a person appointed by the court in the proceeding basically has the same level of access to electronic records remotely that he or she would have if he or she were to seek to inspect the records in person at the courthouse. Thus, if he or she is legally entitled to inspect certain records at the courthouse, that person could view the same records remotely; on the other hand, if he or she is restricted from inspecting certain court records at the courthouse (e.g., because the records are confidential or sealed), that person would not be permitted to view the records remotely. In some types of cases, such as unlimited civil cases, the access available to parties and their attorneys is generally similar to the public’s but in other types of cases, such as juvenile cases, it is much more extensive (see Cal. Rules of Court, rule 5.552). For authorized persons working in a qualified legal services program, the rule contemplates services offered in high-volume environments on an ad hoc basis. There are some limitations on access under the rule for qualified legal services projects. When an attorney at a qualified legal services project becomes a party’s attorney and offers services beyond the scope contemplated under this rule, the access rules for a party’s attorney would apply. Rule 2.516. Remote access to extent feasible To the extent feasible, a court that maintains records in electronic form must provide remote access to those records to the users described in rule 2.515, subject to the conditions and limitations stated in this article and otherwise provided by law. Rule 2.516 adopted effective January 1, 2019. Advisory Committee Comment This rule takes into account the limited resources currently available in some trial courts. Many courts may not have the financial means, security resources, or technical capabilities necessary to provide the full range of remote access to electronic records authorized by this article. When it is more feasible and courts have had more experience with remote access, these rules may be amended to further expand remote access. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 This rule is not intended to prevent a court from moving forward with the limited remote access options outlined in this rule as such access becomes feasible. For example, if it were only feasible for a court to provide remote access to parties who are persons, it could proceed to provide remote access to those users only. Rule 2.517. Remote access by a party (a) Remote access generally permitted A person may have remote access to electronic records in actions or proceedings in which that person is a party. (b) Level of remote access (1) In any action or proceeding, a party may be provided remote access to the same electronic records that he or she would be legally entitled to inspect at the courthouse. (2) This rule does not limit remote access to electronic records available under article 2. (3) This rule applies only to electronic records. A person is not entitled under these rules to remote access to documents, information, data, or other materials created or maintained by the courts that are not electronic records. Rule 2.517 adopted effective January 1, 2019. Advisory Committee Comment Because this rule permits remote access only by a party who is a person (defined under rule 2.501 as a natural human being), remote access would not apply to parties that are organizations, which would need to gain remote access under the party’s attorney rule or, for certain government entities with respect to specified electronic records, the rules in article 4. A party who is a person would need to have the legal capacity to agree to the terms and conditions of a court’s remote access user agreement before using a system of remote access. The court could deny access or require additional information if the court knew the person seeking access lacked legal capacity or appeared to lack capacity—for example, if identity verification revealed the person seeking access was a minor. Rule 2.518. Remote access by a party’s designee 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (a) Remote access generally permitted A person who is a party in an action or proceeding may designate other persons to have remote access to electronic records in that action or proceeding. (b) (c) Level of remote access (1) Except for criminal electronic records, juvenile justice electronic records, and child welfare electronic records, a party’s designee may have the same access to a party’s electronic records that a member of the public would be entitled to if he or she were to inspect the party’s court records at the courthouse. A party’s designee is not permitted remote access to criminal electronic records, juvenile justice electronic records, and child welfare electronic records. (2) A party may limit the access to be afforded a designee to specific cases. (3) A party may limit the access to be afforded a designee to a specific period of time. (4) A party may modify or revoke a designee’s level of access at any time. Terms of access (1) A party’s designee may access electronic records only for the purpose of assisting the party or the party’s attorney in the action or proceeding. (2) Any distribution for sale of electronic records obtained remotely under the rules in this article is strictly prohibited. (3) All laws governing confidentiality and disclosure of court records apply to the records obtained under this article. (4) Party designees must comply with any other terms of remote access required by the court. (5) Failure to comply with these rules may result in the imposition of sanctions, including termination of access. Advisory Committee Comment A party must be a natural human being with the legal capacity to agree to the terms and conditions of a user agreement with the court to authorize designees for remote access. Under rule 2.501, for purposes of the rules, “person” refers to natural human beings Accordingly, the party’s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 designee rule would not apply to parties that are organizations, which would need to gain remote access under the party’s attorney rule or, for certain government entities with respect to specified electronic records, under the rules in article 4. Rule 2.518 adopted effective January 1, 2019. Rule 2.519. Remote access by a party’s attorney (a) (b) Remote access generally permitted (1) A party’s attorney may have remote access to electronic records in the party’s actions or proceedings under this rule or under rule 2.518. If a party’s attorney gains remote access under rule 2.518, the requirements of rule 2.519 do not apply. (2) If a court notifies an attorney of the court’s intention to appoint the attorney to represent a party in a criminal, juvenile justice, child welfare, family law, or probate proceeding, the court may grant remote access to that attorney before an order of appointment is issued by the court. Level of remote access A party’s attorney may be provided remote access to the same electronic records in the party’s actions or proceedings that the party’s attorney would be legally entitled to view at the courthouse. (c) Terms of remote access applicable to an attorney who is not the attorney of record An attorney who represents a party, but who is not the party’s attorney of record in the party’s actions or proceedings, may remotely access the party’s electronic records, provided that the attorney: (d) (1) Obtains the party’s consent to remotely access the party’s electronic records; and (2) Represents to the court in the remote access system that he or she has obtained the party’s consent to remotely access the party’s electronic records. Terms of remote access applicable to all attorneys (1) A party’s attorney may remotely access the electronic records only for the purpose of assisting the party with the party’s court matter. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (2) A party’s attorney may not distribute for sale any electronic records obtained remotely under the rules in this article. Such sale is strictly prohibited. (3) A party’s attorney must comply with any other terms of remote access required by the court. (4) Failure to comply with these rules may result in the imposition of sanctions, including termination of access. Advisory Committee Comment Subdivision (c). An attorney of record will be known to the court for purposes of remote access. However, a person may engage an attorney other than the attorney of record for assistance in an action or proceeding in which the person is a party. For example, a party may engage an attorney to (1) prepare legal documents but not appear in the party’s action (e.g., provide limited-scope representation); (2) assist the party with dismissal or sealing of a criminal record when the attorney did not represent the party in the criminal proceeding; or (3) represent the party in an appellate matter when the attorney did not represent the party in the trial court. Subdivision (c) provides a mechanism for an attorney not of record to be known to the court for purposes of remote access. Because the level of remote access is limited to the same court records that an attorney would be entitled to access if he or she were to appear at the courthouse, an attorney providing undisclosed representation would only be able to remotely access electronic records that the public could access at the courthouse. The rule essentially removes the step of the attorney having to go to the courthouse. Rule 2.519 adopted effective January 1, 2019. Rule 2.520. Remote access by persons working in the same legal organization as a party’s attorney (a) Application and scope (1) This rule applies when a party’s attorney is assisted by others working in the same legal organization. (2) “Working in the same legal organization” under this rule includes partners, associates, employees, volunteers, and contractors. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (3) (b) (c) (d) This rule does not apply when a person working in the same legal organization as a party’s attorney gains remote access to records as a party’s designee under rule 2.518. Designation and certification (1) A party’s attorney may designate that other persons working in the same legal organization as the party’s attorney have remote access. (2) A party’s attorney must certify that the other persons authorized for remote access are working in the same legal organization as the party’s attorney and are assisting the party’s attorney in the action or proceeding. Level of remote access (1) Persons designated by a party’s attorney under (b) must be provided access to the same electronic records as the party. (2) Notwithstanding (b), when a court designates a legal organization to represent parties in criminal, juvenile, family, or probate proceedings, the court may grant remote access to a person working in the organization who assigns cases to attorneys working in that legal organization. Terms of remote access (1) Persons working in a legal organization may remotely access electronic records only for purposes of assigning or assisting a party’s attorney. (2) Any distribution for sale of electronic records obtained remotely under the rules in this article is strictly prohibited. (3) All laws governing confidentiality and disclosure of court records apply to the records obtained under this article. (4) Persons working in a legal organization must comply with any other terms of remote access required by the court. (5) Failure to comply with these rules may result in the imposition of sanctions, including termination of access. Rule 2.520 adopted effective January 1, 2019. Advisory Committee Comment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Subdivision (b). The designation and certification outlined in this subdivision need only be done once and can be done at the time the attorney establishes his or her remote access account with the court. Rule 2.521. Remote access by a court-appointed person (a) (b) Remote access generally permitted (1) A court may grant a court-appointed person remote access to electronic records in any action or proceeding in which the person has been appointed by the court. (2) Court-appointed persons include an attorney appointed to represent a minor child under Family Code section 3150; a Court Appointed Special Advocate volunteer in a juvenile proceeding; an attorney appointed under Probate Code section 1470, 1471, or 1474; an investigator appointed under Probate Code section 1454; a probate referee designated under Probate Code section 8920; a fiduciary, as defined in Probate Code section 39; an attorney appointed under Welfare and Institutions Code section 5365; or a guardian ad litem appointed under Code of Civil Procedure section 372 or Probate Code section 1003. Level of remote access A court-appointed person may be provided with the same level of remote access to electronic records as the court-appointed person would be legally entitled to if he or she were to appear at the courthouse to inspect the court records. (c) Terms of remote access (1) A court-appointed person may remotely access electronic records only for purposes of fulfilling the responsibilities for which he or she was appointed. (2) Any distribution for sale of electronic records obtained remotely under the rules in this article is strictly prohibited. (3) All laws governing confidentiality and disclosure of court records apply to the records obtained under this article. (4) A court-appointed person must comply with any other terms of remote access required by the court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (5) Failure to comply with these rules may result in the imposition of sanctions, including termination of access. Rule 2.521 adopted effective January 1, 2019. Rule 2.522. Remote access by persons working in a qualified legal services project providing brief legal services (a) (b) (c) Application and scope (1) This rule applies to qualified legal services projects as defined in Business and Professions Code section 6213(a). (2) “Working in a qualified legal services project” under this rule includes attorneys, employees, and volunteers. (3) This rule does not apply to a person working in or otherwise associated with a qualified legal services project who gains remote access to court records as a party’s designee under rule 2.518. Designation and certification (1) A qualified legal services project may designate persons working in the qualified legal services project who provide brief legal services, as defined in rule 2.501, to have remote access. (2) The qualified legal services project must certify that the authorized persons work in their organization. Level of remote access Authorized persons may be provided remote access to the same electronic records that the authorized person would be legally entitled to inspect at the courthouse. (d) Terms of remote access (1) Qualified legal services projects must obtain the party’s consent to remotely access the party’s electronic records. (2) Authorized persons must represent to the court in the remote access system that the qualified legal services project has obtained the party’s consent to remotely access the party’s electronic records. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (3) Qualified legal services projects providing services under this rule may remotely access electronic records only to provide brief legal services. (4) Any distribution for sale of electronic records obtained under the rules in this article is strictly prohibited. (5) All laws governing confidentiality and disclosure of court records apply to electronic records obtained under this article. (6) Qualified legal services projects must comply with any other terms of remote access required by the court. (7) Failure to comply with these rules may result in the imposition of sanctions, including termination of access. Rule 2.522 adopted effective January 1, 2019. Advisory Committee Comment The rule does not prescribe any particular method for capturing the designation and certification of persons working in a qualified legal services project. Courts and qualified legal services projects have flexibility to determine what method would work for both entities. For example, the information could be captured in a remote access system if an organizational-level account could be established, or the information could be captured in a written agreement between the court and the qualified legal services project. The rule does not prescribe any particular method for a qualified legal services project to document the consent it obtained to access a person’s electronic records. Qualified legal services projects have flexibility to adapt the requirement to their regular processes for making records. For example, the qualified legal services project could obtain a signed consent form for its records or could obtain consent over the phone and make an entry to that effect in its records, or the court and the qualified legal services project could enter into an agreement to describe how consent will be obtained and recorded. Rule 2.523. Identity verification, identity management, and user access (a) Identity verification required Except for remote access provided to a party’s designee under rule 2.518, before allowing a person who is eligible under the rules in article 3 to have remote access to electronic records, a court must verify the identity of the person seeking access. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (b) Responsibilities of the court A court that allows persons eligible under the rules in article 3 to have remote access to electronic records must have an identity verification method that verifies the identity of, and provides a unique credential to, each person who is permitted remote access to the electronic records. The court may authorize remote access by a person only if that person’s identity has been verified, the person accesses records using the credential provided to that individual, and the person complies with the terms and conditions of access, as prescribed by the court. (c) Responsibilities of persons accessing records A person eligible to be given remote access to electronic records under the rules in article 3 may be given such access only if that person: (d) (e) (1) Provides the court with all information it directs in order to identify the person to be a user; (2) Consents to all conditions for remote access required under article 3 and by the court; and (3) Is authorized by the court to have remote access to electronic records. Responsibilities of the legal organizations or qualified legal services projects (1) If a person is accessing electronic records on behalf of a legal organization or qualified legal services project, the organization or project must approve granting access to that person, verify the person’s identity, and provide the court with all the information it directs in order to authorize that person to have access to electronic records. (2) If a person accessing electronic records on behalf of a legal organization or qualified legal services project leaves his or her position or for any other reason is no longer entitled to access, the organization or project must immediately notify the court so that it can terminate the person’s access. Vendor contracts, statewide master agreements, and identity and access management systems A court may enter into a contract with a vendor to provide identity verification, identity management, or user access services. Alternatively, courts may use a statewide identity verification, identity management, or access management system, if available, or a statewide master agreement for such systems, if available. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Rule 2.523 adopted effective January 1, 2019. Advisory Committee Comment Subdivisions (a) and (d). A court may verify user identities under (a) by obtaining a representation from a legal organization or qualified legal services project that the legal organization or qualified legal services project has verified the user identities under (d). No additional verification steps are required on the part of the court. Rule 2.524. Security of confidential information (a) Secure access and encryption required If any information in an electronic record that is confidential by law or sealed by court order may lawfully be provided remotely to a person or organization described in rule 2.515, any remote access to the confidential information must be provided through a secure platform and any electronic transmission of the information must be encrypted. (b) Vendor contracts and statewide master agreements A court may enter into a contract with a vendor to provide secure access and encryption services. Alternatively, if a statewide master agreement is available for secure access and encryption services, courts may use that master agreement. Rule 2.524 adopted effective January 1, 2019. Advisory Committee Comment This rule describes security and encryption requirements; levels of access are provided for in rules 2.517–2.522. Rule 2.525. Searches; unauthorized access (a) Searches by case number or caption A user authorized under this article to remotely access a party’s electronic records may search for the records by case number or case caption. (b) Access level 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 A court providing remote access to electronic records under this article must ensure that authorized users are able to access the electronic records only at the access levels provided in this article. (c) Unauthorized access If a user gains access to an electronic record that he or she is not authorized to access under this article, the user must: (1) Report the unauthorized access to the court as directed by the court for that purpose; (2) Destroy all copies, in any form, of the record; and (3) Delete from his or her web browser history all information that identifies the record. Rule 2.525 adopted effective January 1, 2019. Rule 2.526. Audit trails (a) Ability to generate audit trails The court should have the ability to generate an audit trail that contains one or more of the following elements: what electronic record was remotely accessed, when it was remotely accessed, who remotely accessed it, and under whose authority the user gained access. (b) Limited audit trails available to authorized users (1) A court providing remote access to electronic records under this article should make limited audit trails available to authorized users under this article. (2) A limited audit trail should identify the user who remotely accessed electronic records in a particular case, but must not identify which specific electronic records were accessed. Rule 2.526 adopted effective January 1, 2019. Advisory Committee Comment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 The audit trail is a tool to assist the courts and users in identifying and investigating any potential issues or misuse of remote access. The user’s view of the audit trail is limited to protect sensitive information. To facilitate the use of existing remote access systems, rule 2.526 is currently not mandatory, but may be amended to be mandatory in the future. Rule 2.527. Additional conditions of access To the extent consistent with these rules and other applicable law, a court must impose reasonable conditions on remote access to preserve the integrity of its records, prevent the unauthorized use of information, and limit possible legal liability. The court may choose to require each user to submit a signed, written agreement enumerating those conditions before it permits that user to remotely access electronic records. The agreements may define the terms of access, provide for compliance audits, specify the scope of liability, and provide for sanctions for misuse up to and including termination of remote access. Rule 2.527 adopted effective January 1, 2019. Rule 2.528. Termination of remote access (a) Remote access is a privilege Remote access to electronic records under this article is a privilege and not a right. (b) Termination by court A court that provides remote access may, at any time and for any reason, terminate the permission granted to any person eligible under the rules in article 3 to remotely access electronic records. Rule 2.528 adopted effective January 1, 2019. Article 4. Remote Access by Government Entities Rule 2.540. Application and scope (a) Applicability to government entities The rules in this article provide for remote access to electronic records by government entities described in (b). The access allowed under these rules is in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 addition to any access these entities or authorized persons working for such entities may have under the rules in articles 2 and 3. (b) Level of remote access (1) A court may provide authorized persons from government entities with remote access to electronic records as follows: (A) Office of the Attorney General: criminal electronic records and juvenile justice electronic records. (B) California Department of Child Support Services: family electronic records, child welfare electronic records, and parentage electronic records. (C) Office of a district attorney: criminal electronic records and juvenile justice electronic records. (D) Office of a public defender: criminal electronic records and juvenile justice electronic records. (E) Office of a county counsel: criminal electronic records, mental health electronic records, child welfare electronic records, and probate electronic records. (F) Office of a city attorney: criminal electronic records, juvenile justice electronic records, and child welfare electronic records. (G) County department of probation: criminal electronic records, juvenile justice electronic records, and child welfare electronic records. (H) County sheriff’s department: criminal electronic records and juvenile justice electronic records. (I) Local police department: criminal electronic records and juvenile justice electronic records. (J) Local child support agency: family electronic records, child welfare electronic records, and parentage electronic records. (K) County child welfare agency: child welfare electronic records. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (L) County public guardian: criminal electronic records, mental health electronic records, and probate electronic records. (M) County agency designated by the board of supervisors to provide conservatorship investigation under chapter 3 of the Lanterman-PetrisShort Act (Welf. & Inst. Code, §§ 5350–5372): criminal electronic records, mental health electronic records, and probate electronic records. (c) (N) Federally recognized Indian tribe (including any reservation, department, subdivision, or court of the tribe) with concurrent jurisdiction: child welfare electronic records, family electronic records, juvenile justice electronic records, and probate electronic records. (O) For good cause, a court may grant remote access to electronic records in particular case types to government entities beyond those listed in (b)(1)(A)–(N). For purposes of this rule, “good cause” means that the government entity requires access to the electronic records in order to adequately perform its statutory duties or fulfill its responsibilities in litigation. (P) All other remote access for government entities is governed by articles 2 and 3. (2) Subject to (b)(1), the court may provide a government entity with the same level of remote access to electronic records as the government entity would be legally entitled to if a person working for the government entity were to appear at the courthouse to inspect court records in that case type. If a court record is confidential by law or sealed by court order and a person working for the government entity would not be legally entitled to inspect the court record at the courthouse, the court may not provide the government entity with remote access to the confidential or sealed electronic record. (3) This rule applies only to electronic records. A government entity is not entitled under these rules to remote access to any documents, information, data, or other types of materials created or maintained by the courts that are not electronic records. Terms of remote access (1) Government entities may remotely access electronic records only to perform official duties and for legitimate governmental purposes. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (2) Any distribution for sale of electronic records obtained remotely under the rules in this article is strictly prohibited. (3) All laws governing confidentiality and disclosure of court records apply to electronic records obtained under this article. (4) Government entities must comply with any other terms of remote access required by the court. (5) Failure to comply with these requirements may result in the imposition of sanctions, including termination of access. Rule 2.540 adopted effective January 1, 2019. Advisory Committee Comment The rule does not restrict courts to providing remote access only to local government entities in the same county in which the court is situated. For example, a court in one county could allow remote access to electronic records by a local child support agency in a different county. Subdivision (b)(3). As to the applicability of the rules on remote access only to electronic records, see the advisory committee comment to rule 2.501. Rule 2.541. Identity verification, identity management, and user access (a) Identity verification required Before allowing a person or entity eligible under the rules in article 4 to have remote access to electronic records, a court must verify the identity of the person seeking access. (b) Responsibilities of the courts A court that allows persons eligible under the rules in article 4 to have remote access to electronic records must have an identity verification method that verifies the identity of, and provides a unique credential to, each person who is permitted remote access to the electronic records. The court may authorize remote access by a person only if that person’s identity has been verified, the person accesses records using the name and password provided to that individual, and the person complies with the terms and conditions of access, as prescribed by the court. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (c) Responsibilities of persons accessing records A person eligible to remotely access electronic records under the rules in article 4 may be given such access only if that person: (d) (e) (1) Provides the court with all of the information it needs to identify the person to be a user; (2) Consents to all conditions for remote access required by article 4 and the court; and (3) Is authorized by the court to have remote access to electronic records. Responsibilities of government entities (1) If a person is accessing electronic records on behalf of a government entity, the government entity must approve granting access to that person, verify the person’s identity, and provide the court with all the information it needs to authorize that person to have access to electronic records. (2) If a person accessing electronic records on behalf of a government entity leaves his or her position or for any other reason is no longer entitled to access, the government entity must immediately notify the court so that the court can terminate the person’s access. Vendor contracts, statewide master agreements, and identity and access management systems A court may enter into a contract with a vendor to provide identity verification, identity management, or user access services. Alternatively, courts may use a statewide identity verification, identity management, or access management system, if available, or a statewide master agreement for such systems, if available. Rule 2.541 adopted effective January 1, 2019. Rule 2.542. Security of confidential information (a) Secure access and encryption required If any information in an electronic record that is confidential by law or sealed by court order may lawfully be provided remotely to a government entity, any remote access to the confidential information must be provided through a secure platform, and any electronic transmission of the information must be encrypted. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (b) Vendor contracts and statewide master agreements A court may enter into a contract with a vendor to provide secure access and encryption services. Alternatively, if a statewide master agreement is available for secure access and encryption services, courts may use that master agreement. Rule 2.542 adopted effective January 1, 2019. Rule 2.543. Audit trails (a) Ability to generate audit trails The court should have the ability to generate an audit trail that contains one or more of the following elements: what electronic record was remotely accessed, when it was accessed, who accessed it, and under whose authority the user gained access. (b) Audit trails available to government entity (1) A court providing remote access to electronic records under this article should make limited audit trails available to authorized users of the government entity. (2) A limited audit trail should identify the user who remotely accessed electronic records in a particular case, but must not identify which specific electronic records were accessed. Rule 2.543 adopted effective January 1, 2019. Advisory Committee Comment The audit trail is a tool to assist the courts and users in identifying and investigating any potential issues or misuse of remote access. The user’s view of the audit trail is limited to protect sensitive information. To facilitate the use of existing remote access systems, rule 2.526 is currently not mandatory, but may be amended to be mandatory in the future. Rule 2.544. Additional conditions of access To the extent consistent with these rules and other applicable law, a court must impose reasonable conditions on remote access to preserve the integrity of its records, prevent the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 unauthorized use of information, and limit possible legal liability. The court may choose to require each user to submit a signed, written agreement enumerating those conditions before it permits that user to access electronic records remotely. The agreements may define the terms of access, provide for compliance audits, specify the scope of liability, and provide for sanctions for misuse up to and including termination of remote access. Rule 2.544 adopted effective January 1, 2019. Rule 2.545. Termination of remote access (a) Remote access is a privilege Remote access to electronic records under this article is a privilege and not a right. (b) Termination by court A court that provides remote access may, at any time and for any reason, terminate the permission granted to any person or entity eligible under the rules in article 4 to remotely access electronic records Rule 2.545 adopted effective January 1, 2019. Rule 2.1009. Permanent medical excuse from jury service (a) Definitions As used in this rule: (1) “Applicant” means a “person with a disability” or their authorized representative. (2) “Authorized representative” means a conservator, agent under a power of attorney (attorney-in-fact), or any other individual designated by the person with a disability. (3) “Capable of performing jury service” means a person can pay attention to evidence, testimony, and other court proceedings for up to six hours per day, with a lunch break and short breaks in the morning and afternoon, with or without disability-related accommodations, including auxiliary aids and services. (4) “Health care provider” means a doctor of medicine or osteopathy, podiatrist, dentist, chiropractor, clinical psychologist, optometrist, nurse practitioner, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 nurse-midwife, clinical social worker, therapist, physician’s assistant, Christian Science Practitioner, or any other medical provider, facility, or organization that is authorized and performing within the scope of the practice of their profession in accordance with state or federal law and regulations. (b) (c) (5) “Permanent medical excuse” means a release from jury service granted by the jury commissioner to a person with a disability whose condition is unlikely to resolve and who, with or without disability-related accommodations, including auxiliary aids or services, is not capable of performing jury service. (6) “Person with a disability” means an individual covered by Civil Code section 51 et seq., the Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), or other applicable state and federal laws. This definition includes a person who has a physical or mental medical condition that limits one or more of the major life activities, has a record of such a condition, or is regarded as having such a condition. Policy (1) This rule is intended to allow a person with a disability whose condition is unlikely to resolve and who is unable for the foreseeable future to serve as a juror to seek a permanent medical excuse from jury service. This rule does not impose limitations on or invalidate the remedies, rights, and procedures accorded to persons with disabilities under state or federal law. (2) It is the policy of the courts of this state to ensure that persons with disabilities have equal and full access to the judicial system, including the opportunity to serve as jurors. No eligible jurors who can perform jury service, with or without disability-related accommodations, including auxiliary aids or services, may be excused from jury service due solely to their disability. Process for requesting permanent medical excuse The process for requesting a permanent medical excuse from jury service is as follows: (1) An applicant must submit to the jury commissioner a written request for permanent medical excuse with a supporting letter, memo, or note from a treating health care provider. The supporting letter, memo, or note must be on the treating health care provider’s letterhead, state that the person has a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 permanent disability that makes the person incapable of performing jury service, and be signed by the provider. (d) (2) The applicant must submit the request and supporting letter, memo, or note to the jury commissioner on or before the date the person is required to appear for jury service. (3) In the case of an incomplete application, the jury commissioner may require the applicant to furnish additional information in support of the request for permanent medical excuse. (4) The jury commissioner must keep confidential all information concerning the request for permanent medical excuse, including any accompanying request for disability-related accommodation, including auxiliary aids or services, unless the applicant waives confidentiality in writing or the law requires disclosure. The applicant’s identity and confidential information may not be disclosed to the public but may be disclosed to court officials and personnel involved in the permanent medical excuse process. Confidential information includes all medical information pertaining to the applicant, and all oral or written communication from the applicant concerning the request for permanent medical excuse. Response to request The jury commissioner must respond to a request for a permanent medical excuse from jury service as follows: (e) (1) The jury commissioner must promptly inform the applicant in writing of the determination to grant or deny a permanent medical excuse request. (2) If the request is granted, the jury commissioner must remove the person from the rolls of potential jurors as soon as it is practicable to do so. (3) If the request is denied, the jury commissioner must provide the applicant a written response with the reason for the denial. Denial of request Only when the jury commissioner determines the applicant failed to satisfy the requirements of this rule may the jury commissioner deny the permanent medical excuse request. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (f) Right to reapply A person whose request for permanent medical excuse is denied may reapply at any time after receipt of the jury commissioner’s denial by following the process in (c). (g) Reinstatement A person who has received a permanent medical excuse from jury service under this rule may be reinstated to the rolls of potential jurors at any time by filing a signed, written request with the jury commissioner that the permanent medical excuse be withdrawn. Rule 2.1009 adopted effective January 1, 2019. Article 4. Protective Orders Rule 3.1160 3.1152. Requests for protective orders to prevent civil harassment, workplace violence, private postsecondary school violence, and elder or dependent adult abuse (a)–(e) * * * Rule 3.1160 renumbered effective January 1, 2019; adopted as rule 363 effective January 1, 1984; previously amended effective January 1, 1993, July 1, 1995, January 1, 2000, January 1, 2002, and January 1, 2012; previously amended and renumbered as rule 3.1152 effective January 1, 2007. Rule 3.1161. Request to make minor’s information confidential in civil harassment protective order proceedings (a) Application of rule This rule applies to requests and orders made under Code of Civil Procedure section 527.6(v) to keep a minor’s information confidential in a civil harassment protective order proceeding. Wherever used in this rule, “legal guardian” means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a minor. (b) Information that may be made confidential The information that may be made confidential includes: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (c) (1) The minor’s name; (2) The minor’s address; (3) The circumstances surrounding the protective order with respect to the minor. These include the allegations in the Request for Civil Harassment Retraining Orders (form CH-100) that involve conduct directed, in whole or in part, toward the minor; and (4) Any other information that the minor or legal guardian believes should be confidential. Requests for confidentiality (1) Person making request A request for confidentiality may be made by a minor or legal guardian. (2) Number of minors A request for confidentiality by a legal guardian may be made for more than one minor. “Minor,” as used in this rule, refers to all minors for whom a request for confidentiality is made. (d) Procedures for making request (1) Timing of requests A request for confidentiality may be made at any time during the case. (2) Submission of request The person submitting a request must complete and file Request to Keep Minor’s Information Confidential (form CH-160), a confidential form. (3) Ruling on request (A) Ruling on request without notice The court must determine whether to grant a request for confidentiality without requiring that any notice of the request be given to the other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 party, or both parties if the minor is not a party in the proceeding. No adversarial hearing is to be held. (B) Request for confidentiality submitted at the same time as a request for restraining orders If a request for confidentiality is submitted at the same time as a request for restraining orders, the court must consider both requests consistent with Code of Civil Procedure section 527.6(e) and must consider and rule on the request for confidentiality before the request for restraining order is filed. Documents submitted with the restraining order request must not be filed until after the court has ruled on the request for confidentiality and must be consistent with (C) below. (C) Withdrawal of request for restraining order If a request for confidentiality under (B) made by the person asking for the restraining order is denied and the requester seeks to withdraw the request for restraining orders, all of the following apply: (4) (i) The court must not file the request for restraining order and the accompanying proposed order forms and must return the documents to the requester personally, destroy the documents, or delete the documents from any electronic files; (ii) The order denying confidentiality must be filed and maintained in a public file; and (iii) The request for confidentiality must be filed and maintained in a confidential file. Need for additional facts If the court finds that the request for confidentiality is insufficiently specific to meet the requirements under Code of Civil Procedure section 527.6(v)(2) for granting the request, the court may take testimony from the minor, or legal guardian, the person requesting a protective order, or other competent witness, in a closed hearing in order to determine if there are additional facts that would support granting the request. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (e) Orders on request for confidentiality (1) Rulings The court may grant the entire request, deny the entire request, or partially grant the request for confidentiality. (2) Order granting request for confidentiality (A) Applicability An order made under Code of Civil Procedure section 527.6(v) applies in this case and in any other civil case to all registers of actions, indexes, court calendars, pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. (B) Minor’s name If the court grants a request for confidentiality of the minor’s name and: (C) (i) If the minor is a party to the action, the court must use the initials of the minor or other initials, at the discretion of the court. In addition, the court must use only initials to identify both parties to the action if using the other party’s name would likely reveal the identity of the minor. (ii) If the minor is not a party to the action, the court must not include any information that would likely reveal the identity of the minor, including whether the minor lives with the person making the request for confidentiality. Circumstances surrounding protective order (statements related to minor) If the court grants a request for confidentiality, the order must specifically identify the information about the minor in Request for Civil Harassment Restraining Orders (form CH-100) and any other applicable document that must be kept confidential. Information about the minor ordered confidential by the court must not be made available to the public. (D) Service 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 The other party, or both parties if the person making the request for confidentiality is not a party to the action, must be served with a copy of the Request to Keep Minor’s Information Confidential (form CH-160), Order on Request to Keep Minor’s Information Confidential (form CH165) and Notice of Order Protecting Information of Minor (form CH170), redacted if required under (f)(4). (3) (f) Order denying request for confidentiality (A) The order denying confidentiality must be filed and maintained in a public file. The request for confidentiality must be filed and maintained in a confidential file. (B) Notwithstanding denial of a request to keep the minor’s address confidential, the address may be confidential under other statutory provisions. (C) Service (i) If a request for confidentiality is denied and the request for restraining order has been withdrawn, and if no other action is pending before the court in the case, then the Request to Keep Minor’s Information Confidential (form CH-160) and Order on Request to Keep Minor’s Information Confidential (form CH165) must not be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action. (ii) If a request for confidentiality is denied and the request for restraining order has not been withdrawn, or if an action between the same parties is pending before the court, then the Request to Keep Minor’s Information Confidential (form CH160) and Order on Request to Keep Minor’s Information Confidential (form CH-165) must be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action. Procedures to protect confidential information when request is granted (1) If a request for confidentiality is granted in whole or in part, the court, in its discretion, and taking into consideration the factors stated in (g), must ensure 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 that the order granting confidentiality is maintained in the most effective manner by: (g) (A) The judicial officer redacting all information to be kept confidential from all applicable documents; (B) Ordering the requesting party or the requesting party’s attorney to prepare a redacted copy of all applicable documents and submit all redacted copies to the court for review and filing; or (C) Ordering any other procedure that facilitates the prompt and accurate preparation of a redacted copy of all applicable documents in compliance with the court’s order granting confidentiality, provided the selected procedure is consistent with (g). (2) The redacted copy or copies must be filed and maintained in a public file, and the unredacted copy or copies must be filed and maintained in a confidential file. (3) Information that is made confidential from the public and the restrained person must be filed in a confidential file accessible only to the minor or minors who are subjects of the order of confidentiality, or the legal guardian who requested confidentiality, law enforcement for enforcement purposes only, and the court. (4) Any information that is made confidential from the restrained person must be redacted from the copy that will be served on the restrained person. Factors in Selecting Redaction Procedures In determining the procedure to follow under (f), the court must consider the following factors: (1) Whether the requesting party is represented by an attorney; (2) Whether the requesting party has immediate access to a self-help center or other legal assistance; (3) Whether the requesting party is capable of preparing redacted materials without assistance; (4) Whether the redactions to the applicable documents are simple or complex; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (5) (h) When applicable, whether the selected procedure will ensure that the orders on the request for restraining order and the request for confidentiality are issued and redacted in an expeditious and timely manner. Sharing of information about a protected minor (1) Sharing of information with the respondent Information about a protected minor must be shared with the respondent only as provided in Code of Civil Procedure section 527.6(v)(4)(B), limited to information necessary to allow the respondent to respond to the request for the protective order, and to comply with the confidentiality order and the protective order. (2) Sharing of information with law enforcement Information about a protected minor must be shared with law enforcement only as provided in Code of Civil Procedure section 527.6(v)(4)(A). (i) Protecting information in subsequent filings and other civil cases (1) (2) Filings made after an order granting confidentiality (A) A party seeking to file a document or form after an order for confidentiality has been made must submit the Cover Sheet for Confidential Information (form CH-175) attached to the front of the document to be filed. (B) Upon receipt of form CH-175 with attached documents, the court must: (i) Order a procedure for redaction consistent with the procedures stated in (f); (ii) File the unredacted document in the confidential file pending receipt of the redacted document if the redacted document is not prepared on the same court day; and (iii) File the redacted document in the public file after it has been reviewed and approved by the court for accuracy. Other civil case 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (A) Information subject to an order of confidentiality issued under Code of Civil Procedure section 527.6(v) must be kept confidential in any other civil case. (B) The minor or person making the request for confidentiality and any person who has been served with a notice of confidentiality must submit a copy of the order of confidentiality (form CH-165) in any other civil case involving the same parties. Rule 3.1161 adopted effective January 1, 2019. Advisory Committee Comment Subdivisions (a)–(e). The process described in this rule need not be used for minors if the request for confidentiality is merely to keep an address confidential and a petitioning minor has a mailing address which need not be kept private that can be listed on the forms. The restraining order forms do not require the address of a nonpetitioning minor. This rule and rule 2.551 provide a standard and procedures for courts to follow when a request is made to seal a record. The standard as reflected in Code of Civil Procedure section 527.6(v)(2) is based on NBC Subsidiary (KNBC-TV), Inc. v. Superior Court (1999) 20 Cal.4th 1178. The standard recognizes the First Amendment right of access to documents used at trial or as a basis of adjudication. Rule 3.2300. Review under Penal Code section 186.35 of law enforcement agency denial of request to remove name from shared gang database (a)–(c) * * * (d) Petition (1) Form (A) Except as provided in (i) and (ii), Request Petition for Review of Denial of Request to Remove Name From Gang Database (form MC-1000) must be used to seek review under Penal Code section 186.35 of a law enforcement agency’s decision denying a request to remove a person’s name from a shared gang database. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (B) (i) A petition filed by an attorney need not be on form MC-1000. For good cause the court may also accept a petition from a nonattorney that is not on form MC-1000. (ii) Any petition that is not on form MC-1000 must contain the information specified in form MC-1000 and must bear the name “Petition for Review of Denial of Request to Remove Name From Gang Database.” The person seeking review must attach to the petition under (A) either: (i) The law enforcement agency’s written verification, if one was received, of its decision denying the person’s request under Penal Code section 186.34 to remove his or her name—or, if the request was filed by a parent or guardian on behalf of a child under 18, the name of the child—from the shared gang database.; or (ii) If the law enforcement agency did not provide written verification responding to the person’s request under Penal Code section 186.34 within 30 days of submission of the request, a copy of the request and written documentation submitted to the law enforcement agency contesting the designation. (2)–(5) * * * (Subd (d) amended effective January 1, 2019; previously amended effective January 1, 2018.) (e) Record (1) Filing (A) The law enforcement agency must serve the record on the person filing the petition and must file the record in the superior court in which the petition was filed. (B) The record must be served and filed within 15 days after the date the petition is served on the law enforcement agency as required by subdivision (d)(5) of this rule. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (2) (C) If the record contains any documents that are part of a juvenile case file or are sealed or confidential under Welfare and Institutions Code section 827 or have been sealed, the law enforcement agency must include a coversheet that states “Confidential Filing – Juvenile Case File Enclosed.” (D) The procedures set out in rules 2.550 and 2.551 apply to any record sought to be filed under seal in a proceeding under this rule. Contents The record is limited to the documents required by Penal Code section 186.35(c). (3) Format (A) The cover or first page of the record must: (i) Clearly identify it as the record in the case; (ii) Clearly indicate if the record includes any documents that are sealed or confidential under Welfare and Institutions Code section 827 or have been sealed; (iii) State the title and court number of the case; and (iv) Include the name, mailing address, telephone number, fax number (if available), e-mail address (if available), and California State Bar number (if applicable) of the attorney or other person filing the record on behalf of the law enforcement agency. The court will use this as the name, mailing address, telephone number, fax number, and e-mail address of record for the agency unless the agency informs the court otherwise in writing. (B) All documents in the record must have a page size of 8.5 by 11 inches; (C) The text must be reproduced as legibly as printed matter; (D) The contents must be arranged chronologically; (E) The pages must be consecutively numbered; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (F) (4) The record must be bound on the left margin stapled and two-hole punched at the top of the page. Failure to file the record If the law enforcement agency does not timely file the required record, the superior court clerk must serve the law enforcement agency with a notice indicating that the agency must file the record within five court days of service of the clerk’s notice or the court may order the law enforcement agency to remove the name of the person from the shared gang database. (Subd (e) amended effective January 1, 2019; previously amended effective January 1, 2018.) (f) Written argument (1) (2) Contents (A) The person filing the petition may include in the petition or separately serve and file a written argument about why, based on the record specified in Penal Code section 186.35(c), the law enforcement agency has failed to establish by clear and convincing evidence the active gang membership, associate status, or affiliate status of the person so designated or to be so designated by the law enforcement agency in the shared gang database. (B) The law enforcement agency may serve and file a written argument about why, based on the record specified in Penal Code section 186.35(c), it has established by clear and convincing evidence the active gang membership, associate status, or affiliate status of the person. (C) If an argument refers to something in the record, it must provide the page number of the record where that thing appears or, if the record has not yet been filed, the page number of the relevant document. (D) Except for any required attachment to a petition, when an argument is included in the petition, nothing may be attached to an argument and an argument must not refer to any evidence that is not in the record. Time to serve and file 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Any written argument must be served and filed within 15 days after the date the record is served. (3) Format and length of argument (A) The cover or first page of any argument must: (i) Clearly identify it as the argument of the person filing the petition or of the law enforcement agency; (ii) State the title and, if assigned, court number of the case; and (iii) Include the name, mailing address, telephone number, fax number (if available), e-mail address (if available), and California State Bar number (if applicable) of the attorney or other person filing the argument. (B) An argument must not exceed 10 pages. (C) The pages must be consecutively numbered. (Subd (f) amended effective January 1, 2019; previously amended effective January 1, 2018.) (g)–(i) * * * Rule 3.2300 amended effective January 1, 2019; adopted effective January 20, 2017; previously amended effective January 1, 2018. Rule 4.131. Probable cause determinations under section 1368.1(a)(2) (a) Notice of a request for a determination of probable cause The prosecuting attorney must serve and file notice of a request for a determination of probable cause on the defense at least 10 court days before the time appointed for the proceeding. (b) Judge requirement A judge must hear the determination of probable cause unless there is a stipulation by both parties to having the matter heard by a subordinate judicial officer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (c) Defendant need not be present A defendant need not be present for a determination of probable cause to proceed. (d) Application of section 861 The one-session requirement of section 861 does not apply. (e) Transcript A transcript of the determination of probable cause must be provided to the prosecuting attorney and counsel for the defendant consistent with the manner in which a transcript is provided in a preliminary examination. Rule 4.131 adopted effective January 1, 2019. Rule 5.97. Time frames for transferring jurisdiction (a) Application This rule applies to family law actions or family law proceedings for which a transfer of jurisdiction has been ordered under part 2 of title 4 of the Code of Civil Procedure. (b) Payment of fees; fee waivers Responsibility for the payment of court costs and fees for the transfer of jurisdiction as provided in Government Code section 70618 is subject to the following provisions: (1) If a transfer of jurisdiction is ordered in response to a motion made under title 4 of the Code of Civil Procedure by a party, the responsibility for costs and fees is subject to Code of Civil Procedure section 399(a). If the fees are not paid within the time specified in section 399(a), the court may, on a duly noticed motion by any party or on its own motion, dismiss the action without prejudice to the cause of action. Except as provided in (e), no other action on the cause may be commenced in another court before satisfaction of the court’s order for fees and costs or a court-ordered waiver of such fees and costs. (2) If a transfer of jurisdiction is ordered by the court on its own motion, the court must specify in its order which party is responsible for the Government Code section 70618 fees. If that party has not paid the fees within five days of service of notice of the transfer order, any other party interested in the action or proceeding may pay the costs and fees and the clerk must transmit 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 the case file. If the fees are not paid within the time period set forth in Code of Civil Procedure section 399, the court may, on a duly noticed motion by any party or on its own motion, dismiss the action without prejudice to the cause or enter such other orders as the court deems appropriate. Except as provided in (e), no other action on the cause may be commenced in the original court or another court before satisfaction of the court’s order for fees and costs or a court-ordered waiver of such fees and costs. (3) If the party responsible for the fees has been granted a fee waiver by the sending court, the case file must be transmitted as if the fees and costs were paid and the fee waiver order must be transmitted with the case file in lieu of the fees and costs. If a partial fee waiver has been granted, the party responsible for the fees and costs must pay the required portion of the fees and costs before the case will be transmitted. In any case involving a fee waiver, the court receiving the case file has the authority under Government Code section 68636 to review the party’s eligibility for a fee waiver based on additional information available to the court or pursuant to a hearing at final disposition of the case. (4) At the hearing to transfer jurisdiction, the court must address any issues regarding fees. If a litigant indicates they cannot afford to pay the fees, a fee waiver request form should be provided by the clerk and the court should promptly rule on that request. (c) Time frame for transfer of jurisdiction After a court orders the transfer of jurisdiction over the action or proceeding, the clerk must transmit the case file to the clerk of the court to which the action or proceeding is transferred within five court days of the date of expiration of the 20day time period to petition for a writ of mandate. If a writ is filed, the clerk must transmit the case file within five court days of the notice that the order is final. The clerk must send notice stating the date of the transmittal to all parties who have appeared in the action or proceeding and the court receiving the transfer. (d) Time frame to assume jurisdiction over transferred matter Within 20 court days of the date of the transmittal, the clerk of the court receiving the transferred action or proceeding must send notice to all parties who have appeared in the action or proceeding and the court that ordered the transfer stating the date of the filing of the case and the number assigned to the case in the court. (e) Emergency orders while transfer is pending Until the clerk of the receiving court sends notice of the date of filing, the transferring court retains jurisdiction over the matter to make orders designed to prevent immediate danger or irreparable harm to a party or the children involved in 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 the matter, or immediate loss or damage to property subject to disposition in the matter. When an emergency order is requested, the transferring court must send notice to the receiving court that it is exercising its jurisdiction and must inform the receiving court of the action taken on the request. If the court makes a new order in the case, it must send a copy of the order to the receiving court if the case file has already been transmitted. The transferring court retains jurisdiction over the request until it takes action on it. Rule 5.97 adopted effective January 1, 2019. Rule 5.382. Request to make minor’s information confidential in domestic violence protective order proceedings (a) Application of rule This rule applies to requests and orders made under Family Code section 6301.5 to keep a minor’s information confidential in a domestic violence protective order proceeding. Wherever used in this rule, “legal guardian” means either parent if both parents have legal custody, or the parent or person having legal custody, or the guardian, of a minor. (b) Information that may be made confidential The information that may be made confidential includes: (c) (1) The minor’s name; (2) The minor’s address; (3) The circumstances surrounding the protective order with respect to the minor. These include the allegations in the Request for Domestic Violence Retraining Order (form DV-100) that involve conduct directed, in whole or in part, toward the minor; and (4) Any other information that the minor or legal guardian believes should be confidential. Requests for confidentiality (1) Person making request 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A request for confidentiality may be made by a minor or legal guardian. (2) Number of minors A request for confidentiality by a legal guardian may be made for more than one minor. “Minor,” as used in this rule, refers to all minors for whom a request for confidentiality is made. (d) Procedures for making request (1) Timing of requests A request for confidentiality may be made at any time during the case. (2) Submission of request The person submitting a request must complete and file Request to Keep Minor’s Information Confidential (form DV-160), a confidential form. (3) Ruling on request (A) Ruling on request without notice The court must determine whether to grant a request for confidentiality without requiring that any notice of the request be given to the other party, or both parties if the minor is not a party in the proceeding. No adversarial hearing is to be held. (B) Request for confidentiality submitted at the same time as a request for restraining orders If a request for confidentiality is submitted at the same time as a request for restraining orders, the court must consider both requests consistent with Family Code section 6326, and must consider and rule on the request for confidentiality before the request for restraining order is filed. Documents submitted with the restraining order request must not be filed until after the court has ruled on the request for confidentiality and must be consistent with (C) below. (C) Withdrawal of request 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 If a request for confidentiality under (B) made by the person asking for the restraining order is denied and the requester seeks to withdraw the request for restraining orders, all of the following apply: (i) The court must not file the request for restraining order and the accompanying proposed order forms and must return the documents to the requester personally, destroy the documents, or delete the documents from any electronic files; (ii) The order denying confidentiality must be filed and maintained in a public file; and (iii) The request for confidentiality must be filed and maintained in a confidential file. (4) Need for additional facts If the court finds that the request for confidentiality is insufficiently specific to meet the requirements under Family Code section 6301.5(b) for granting the request, the court may take testimony from the minor, or legal guardian, the person requesting a protective order, or other competent witness, in a closed hearing in order to determine if there are additional facts that would support granting the request. (e) Orders on request for confidentiality (1) Rulings The court may grant the entire request, deny the entire request, or partially grant the request for confidentiality. (2) Order granting request for confidentiality (A) Applicability An order made under Family Code section 6301.5 applies in this case and in any other civil case to all registers of actions, indexes, court calendars, pleadings, discovery documents, and other documents filed or served in the action, and at hearings, trial, and other court proceedings that are open to the public. (B) Minor’s name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 If the court grants a request for confidentiality of the minor’s name and: (C) (i) If the minor is a party to the action, the court must use the initials of the minor, or other initials at the discretion of the court. In addition, the court must use only initials to identify both parties to the action if using the other party’s name would likely reveal the identity of the minor. (ii) If the minor is not a party to the action, the court must not include any information that would likely reveal the identity of the minor, including whether the minor lives with the person making the request for confidentiality. Circumstances surrounding protective order (statements related to minor) If the court grants a request for confidentiality, the order must specifically identify the information about the minor in Request for Domestic Violence Restraining Order (form DV-100) and any other applicable document that must be kept confidential. Information about the minor ordered confidential by the court must not be made available to the public. (D) Service and copies The other party, or both parties if the person making the request for confidentiality is not a party to the action, must be served with a copy of the Request for Domestic Violence Restraining Order (form DV160), Order on Request to Keep Minor’s Information Confidential (form DV-165), and Notice of Order Protecting Information of Minor (form DV-170), redacted if required under (f)(4). The protected person and the person requesting confidentiality (if not the protected person) must be provided up to three copies of redacted and unredacted copies of any request or order form. (3) Order denying request for confidentiality (A) The order denying confidentiality must be filed and maintained in a public file. The request for confidentiality must be filed and maintained in a confidential file. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (f) (B) Notwithstanding denial of a request to keep the minor’s address confidential, the address may be confidential under other statutory provisions (C) Service (i) If a request for confidentiality is denied and the request for restraining order has been withdrawn, and if no other action is pending before the court in the case, then the Request to Keep Minor’s Information Confidential (form DV-160) and Order on Request to Keep Minor’s Information Confidential (form DV165) must not be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action. (ii) If a request for confidentiality is denied and the request for restraining order has not been withdrawn, or if an action between the same parties is pending before the court, then the Request to Keep Minor’s Information Confidential (form DV-160) and Order on Request to Keep Minor’s Information Confidential (form DV-165) must be served on the other party, or both parties if the person making the request for confidentiality is not a party to the action. Procedures to protect confidential information when order is granted (1) If a request for confidentiality is granted in whole or in part, the court, in its discretion, and taking into consideration the factors stated in (g), must ensure that the order granting confidentiality is maintained in the most effective manner by: (A) The judicial officer redacting all information to be kept confidential from all applicable documents; (B) Ordering the requesting party or the requesting party’s attorney to [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/court_rules%3Aca%3A2a0051359c5411a5. Public record. Not legal advice.