Sonoma — General Order Regarding Implementation of Emergency Relief filed on April 1, 2020

Source: https://sonoma.courts.ca.gov/sites/all/assets/pdfs/general-info/4%201%202020%20General%20Order%20RE%20Implementation%20of%20Emergency%20Relief.pdf

Sparse pages use OCR; original PDF remains authoritative.

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 APR 1 - 2020 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SONOMA AUTHORIZED BY CHAIR OF JUDICIAL COUNCIL Exercising the authority granted under Government Code section 68115 and the March 30, 2020, Order (“Order”) of Chief Justice Tani G. Cantil-Sakauye, Chair of the Judicial Council of California this Court HEREBY FINDS AND ORDERS AS FOLLOWS: ls For purposes of computing time for filing papers with the Court under Code of Civil Procedure sections 12 and 12a, all days falling between March 30, 2020, to April 14, 2020, inclusive, are deemed holidays (Gov. Code, § 68115(a)(4)); 2. For purposes of computing time under Penal Code section 825, and Welfare and Institutions Code sections 313, 315, 334, 631, 632, 637, and 657, all days falling between March 30, 2020, to April 14, 2020, inclusive, are deemed holidays (Gov. Code, § 68115(a)(5)); 3. With the concurrence of the Presiding Judge, the Court may order that sessions be held anywhere in the county, including in correctional and juvenile detention facilities, from April 1, 2020, to April 14, 2020 inclusive (Gov. Code, § 68115(a)(1)); 3. Any judge of the Court may extend by not more than 21 days the duration of any temporary restraining order that would otherwise expire on any day between April 1, 2020, to April 14, 2020, inclusive, because the emergency condition described in the Order prevented the Court from conducting proceedings to determine whether a permanent order should be entered (Gov. Code, § 68115(a)(7)); 4. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 825 of the Penal Code within which a defendant charged with a felony offense must be taken before a magistrate from 48 hours to not more than seven days (Gov. Code, § 68115(a)(8)); Ds In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time

IMPLEMENTATION ORDER RE EMERGENCY ORDER -|-

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 period provided in section 859b of the Penal Code for the holding of a preliminary examination from 10 court days to not more than 30 court days (Gov. Code, § 68115(a)(9)); 6. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 1382 of the Penal Code for the holding of a criminal trial by not more than 60 days from the last date on which the statutory deadline otherwise would have expired; 7. Tn cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in sections 583.310 and 583.320 of the Code of Civil Procedure to bring an action to trial by no more than 60 days from the last date on which the statutory deadline otherwise would have expired. 8. Pursuant to the March 30, 2020, Order of the Chief Justice, the continuance date for all jury trials shall be calculated from the date for which the trial was set or extended as provided in paragraphs 6 and 7 seven above, whichever is longer. 9. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 313 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be released from custody to not more than seven days (Gov. Code, § 68115(a)(11)); 10. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 315 of the Welfare and Institutions Code within which a minor taken into custody pending dependency proceedings must be given a detention hearing to not more than 7 days (Gov. Code, § 68115(a)(11)); 11. In cases in which the statutory deadline otherwise would on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time periods provided in sections 632 and 637 of the Welfare and Institutions Code within which a minor taken into custody pending wardship proceedings and charged with a felony must be given a IMPLEMENTATION ORDER RE EMERGENCY ORDER -2-

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 detention hearing or rehearing to not more than seven days (Gov. Code, § 68115(a)(11)); 12. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 334 of the Welfare and Institutions Code within which a hearing on a juvenile dependency petition must be held by not more than 15 days (Gov. Code, § 68115(a)(12)); and 13. In cases in which the statutory deadline otherwise would expire on any day between April 1, 2020, to April 14, 2020, inclusive, any judge of the Court may extend the time period provided in section 657 of the Welfare and Institutions Code within which a hearing on a wardship petition for a minor charged with a felony offense must be held by not more than 15 days (Gov. Code, § 68115(a)(12)). 14. Pursuant to the March 30, 2020, Order of the Chief Justice directing the courts to make use of available technology, when possible, to conduct judicial proceedings and court operations remotely, and the suspension of any rule in the California Rules of Court that would prevent a court from using technology to conduct judicial proceedings and court operations remotely, this Court suspends any Local Rule of the Sonoma County Superior Court to the extent such rule would prevent this Court from using technology to conduct judicial proceedings and court operations remotely, in order to protect the health and safety of the public, court personnel, judicial officers, litigants and witnesses. THIS ORDER IS EFFECTIVE IMMEDIATELY. Bradford DeMeo, Presiding Judge Dated: Ai past L 2000 IMPLEMENTATION ORDER RE EMERGENCY ORDER Be