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Ex. AGY-ST-COURTS-068 Order Primary source read

California Rules of Court, Appendix I: Emergency Rules Related to COVID-19 (Emergency rules 1-13, adopted April 6, 2020, as amended)

Statewide emergency rules: Emergency rule 1 barred issuance of unlawful-detainer summonses and defaults except to protect public health and safety and delayed eviction trials (through Sept. 1, 2020); Emergency rule 2 stayed all judicial foreclosure actions (through Sept. 1, 2020); Emergency rules 3-13 (remote appearances, tolling of statutes of limitation, and others) followed

Judicial Council of California · Judicial Council of California (statewide rulemaking body of the California courts) (Court)

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The record

Jurisdiction
Judicial Council of California (statewide rulemaking body of the California courts) · California
Level
Court
Authority
Cal. Const. art. VI, § 6; Executive Order N-38-20 (Mar. 27, 2020) (suspending statutory limits on judicial emergency rulemaking)
Issued
2020-04-06 Apr. 6, 2020
Effective
2020-04-06
End
Rules 1 and 2 sunset Sept. 1, 2020 (as amended Aug. 13, 2020); rule 9 tolling ended Aug. 3 / Oct. 1, 2020; remaining rules retired June 30, 2022 (Judicial Council vote of Mar. 11, 2022) (read as 2020-09-01)
In force
Apr. 6, 2020 to Sept. 1, 2020
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Courts and public officesOther
Addressees
  • all California courts
  • landlords and tenants
  • mortgage lenders, servicers and borrowers
  • all litigants
Functions reached
  • PM property management (no eviction summonses or defaults statewide Apr. 6-Sept. 1, 2020)
  • SV servicing, collections and foreclosure (judicial foreclosures stayed)
  • CL closings
  • CT courts and agencies (remote appearances; tolling of limitations under rule 9)
Collection
State courts AGY-ST-COURTS

Operative words

Emergency rule 1. Unlawful detainers... (b) Issuance of summons. A court may not issue a summons on a complaint for unlawful detainer unless the court finds, in its discretion and on the record, that the action is necessary to protect public health and safety. (c) Entry of default. A court may not enter a default or a default judgment for restitution in an unlawful detainer action for failure of defendant to appear unless the court finds both of the following: (1) The action is necessary to protect public health and safety... (d) Time for trial. If a defendant has appeared in the action, the court may not set a trial date earlier than 60 days after a request for trial is made... (e) Sunset of rule. This rule will remain in effect through September 1, 2020... Emergency rule 2. Judicial foreclosures--suspension of actions... through September 1, 2020...: (1) All such actions are stayed, and the court may take no action and issue no decisions or judgments unless the court finds that action is required to further the public health and safety.

Enforcement

Rules of court binding on every California court (Cal. Const. art. VI, § 6)

Notes

This exhibit is the rule text itself (as amended Aug. 13, 2020).

Retrieval note

Capture of Mar. 2, 2022 (rules as then in force, with the amendment history of rules 1 and 2 stated in the text). courts.ca.gov refuses non-browser clients; retrieved from the archive.

A record of The COVID Project. The instrument's text is the source's; the summary fields are The COVID Project's reading of it. Not legal advice.