by Flora Garcia-Sepulveda

Family Law, Divorce MediationJune 30, 20201 comment 0 Likes

San Mateo Superior Court implements remote appearances protocol

On Monday, May 26 the San Mateo Superior Court implemented remote appearances in several of their family law calendars.

The Court will be expanding the use of remote appearances by way of Zoom Audio/Video conferencing to be used by our justice partners who would like to appear remotely for certain calendars and hearing types as follows:

• Courtroom 4A
  • Tuesdays (excluding Tuesdays following a Monday holiday ¹):
    • 9:00am Department 26 RFO Calendar
  • Wednesdays
    • 9:00am Department 15 RFO Calendar

  ¹: On Tuesdays following a Monday Holiday, the Department 26 RFO calendar will be held in Courtroom 7A at 1:30pm. Only audio will be available on those days.

• Courtroom 2K
  • Mondays
    • 1:30pm Department 14 RFO Calendar
  • Tuesdays
    • 1:30pm Department 14 RFO Calendar
  • Wednesdays
    • 9:00am Family Law Support
  • Thursdays
    • 2:00pm Family Law Support
  • Fridays
    • 9:00am DVPA/TRO
    • 2:00pm DVPA/TRO
• Courtroom 7A
  • Tuesdays
    • 1:30pm Department 26 RFO Calendar
  • Wednesdays
    • 9:00am DVPA/TRO
• Courtroom SSF-L
  • Fridays
    • 9:00 AM DVPA/TRO ²

  ²: Through May 29

GENERAL PROTOCOLS

If you wish to appear on one of the calendars above, you may appear by Audio/Video conferencing. Appearance by video is strongly requested; however, is not a requirement.

To obtain Zoom credentials for remote courtroom appearances, please submit your request online through the Court’s website at www.sanmateocourt.org, and select ‘Request for the Credentials to Appear Remotely for a Court Hearing.’

The following is required of all Audio/Video conferencing attendees:

• Follow the same courtroom etiquette requirements when appearing remotely as you would in person
• Mute your audio when you are not speaking
• Should you be unable to appear by video as is strongly requested, and you appear by calling in only:
  • You must state your name each time you speak so that we may capture an accurate record
  • Do not put the call on hold as music will play, and you will be disconnected by the Audio/Video conferencing host, and you will need to rejoin the Audio/Video conferencing session
• Attorneys, parties, witnesses, and any third parties are not permitted to record the proceeding without advance permission from the judicial officer calling the calendar. Unauthorized recording of court proceedings violates California Rule of Court 1.150 and is punishable by monetary sanctions or contempt proceedings against the offending party.
• If the case requires an interpreter, consecutive interpretation is currently required
  • Please speak slowly and pause at regular intervals to allow for the interpreter to interpret for the party/witness
  • The Court will only supply an interpreter if one is available and the parties provide sufficient notice to the interpreter coordinator. Interpreter requests must be received a minimum of two days prior to the hearing for the following languages:
    • Spanish
    • Cantonese
    • Mandarin
    • Tagalog
    • Portuguese
    • Arabic
    • Vietnamese
    • Russian
    • Korean
    • Tongan
  • If any other language is desired, a minimum of seven days’ notice is required. A timely request for an interpreter does not guarantee the Court will be able to supply one.
    • Please submit all interpreter requests through the Court’s website at www.sanamteocourt.org. select “Divisions,” and then select “Interpreter Services.”

COURTROOM PROTOCOLS

If you appear by Audio/Video conferencing and need to have a private conversation with your client, another party, or the Court while still participating in the Audio/Video conferencing session, the following must occur:

• Counsel that needs to have a private conversation with their client must mute their audio, and phone the client
  • If interpretation is needed to facilitate attorney-client communication, it will be the responsibility of the party initiating the phone call to include the interpreter.
    • If you are utilizing a Court provided interpreter, phone the interpreter coordinator at 650-261-5023, and we will connect you with an interpreter on standby who may assist you.
• Should the parties need to have a private conversation they must mute their audio and phone one another
• Should the Court need to have a private conversation with parties appearing by Audio/Video conferencing, the Court will direct the participants as to how to proceed

HEARING-SPECIFIC PROTOCOLS

Mandatory Settlement Conferences

• Remote appearance is mandatory at the San Mateo Superior Court
• A courtroom clerk will send Zoom credentials to counsel no later than one week prior to the San Mateo Superior Court
• The judicial officer conferencing the matter will host the Zoom conference
• If judicial officer generates any written order as a result of San Mateo Superior Court hearing, judicial officer will transmit to the parties via email in .pdf format

Requests for Order

• Remote appearance is mandatory (have a dedicated attendant at the outset)

Domestic Violence Prevention Act-Temporary Restraining Order

• If the matter proceeds to a hearing, the hearing will be conducted in person
• The moving party is expected to prepare a proposed order prior to the hearing and provide it to the court for consideration (orders will need to be completed before they leave the courtroom)
• Prior to an evidentiary hearing, the standard admonishments will be presented to the parties. The admonishment will take the form of a video the Zoom attendant will present to the participants. Parties appearing in person will have the opportunity to view the admonishment video outside the courtroom or to read it in advance. Parties will be asked to confirm on the record that they have seen and understand the admonishment.Click on the hyperlinks below to view the DVPA Courtroom Notice (Admonition):
  • English
  • Español
  • Simplified Chinese
  • Traditional Chinese
  • Tagalog
  • Vietnamese

Family Law Support

• Remote appearances are strongly encouraged, but not required
• Prior to an evidentiary hearing, the standard admonishments regarding the hearing being held by a Commissioner will be read over Zoom, in the courtroom, and in the hallway. The admonition language is available for review at this link. You may read it prior to your hearing. Parties will be asked to confirm on the record that they have heard or read, and understand the admonishment.