📜 The Governing Framework: CRC 3.672, CCP 367.75, and the Evidentiary Divide
Remote appearances in California civil courts are permitted by right for most proceedings. The framework rests on two pillars: Code of Civil Procedure section 367.75 (the statutory authority) and California Rules of Court, Rule 3.672 (the procedural machinery). The critical distinction is between evidentiary and non-evidentiary hearings, which determines your notice deadlines and the court's discretion to deny your request.
Non-evidentiary hearings: 2 court days notice (or with moving papers). Court has limited grounds to deny.
Evidentiary hearings: 10 court days notice. Court has broader discretion and can consider witness credibility and demeanor concerns.
📑 The Statutory Foundation: CCP 367.75
CCP 367.75 establishes the right to appear remotely in California civil proceedings. Enacted as part of the pandemic-era reforms and made permanent in 2022, this statute provides the legislative foundation that CRC 3.672 implements.
Section 367.75(a): "A party or witness may appear remotely in a civil action or proceeding, as defined in Section 367.5, including in a proceeding for dissolution of marriage or a proceeding under the Family Code or Probate Code, subject to any specific rule adopted by the Judicial Council."
What makes CCP 367.75 significant is that it frames remote appearance as a right, not a privilege. The statute uses "may appear remotely" language, but the implementing rules (CRC 3.672) make clear that the court's discretion to deny is constrained by specific factors rather than left to judicial whim.
⚖ The Master Rule: CRC 3.672 - Subdivision by Subdivision
Rule 3.672 is the procedural engine that makes CCP 367.75 operational. It covers notice requirements, form requirements, opposition procedures, and the standards courts must apply when considering remote appearance requests.
CRC 3.672 Subdivision Breakdown
3.672(a) - Application
Establishes that this rule applies to civil proceedings under CCP 367.75 and 367.76. Excludes small claims (which have their own remote rules) and proceedings otherwise governed by specific remote appearance rules.
3.672(b) - Definitions
Incorporates definitions from CRC 3.670, including the critical distinction between "evidentiary hearing" and "non-evidentiary proceeding." Understanding this distinction is essential because it determines which deadline regime applies.
3.672(c) - Remote appearance by party, witness, or other participant
Confirms that any party, witness, or other participant may appear remotely subject to the notice and procedural requirements of the rule. This is the general permission grant.
3.672(d) - Technology requirements
Requires that the technology used for remote appearance must enable all participants to see, hear, and communicate in real time. Audio-only is permitted only with court approval or if the remote participant's technology fails mid-hearing.
3.672(e) - Court's discretion
Addresses the court's authority to require in-person appearance in specific circumstances. This is where the evidentiary/non-evidentiary distinction becomes critical.
3.672(f) - Notice of intent to appear remotely - General
Requires use of Judicial Council form RA-010 (Request to Appear Remotely) for all remote appearance requests. Establishes that notice must be served on all other parties.
3.672(g) - Notice for non-evidentiary proceedings
The short-deadline regime. For non-evidentiary proceedings, notice must be filed and served:
- At least 2 court days before the proceeding, OR
- With moving papers if the party is also filing a motion for the same hearing date
This is the provision most civil litigators encounter. Demurrers, motions to compel, case management conferences, and most law and motion matters are non-evidentiary.
3.672(h) - Notice for evidentiary hearings
The long-deadline regime. For evidentiary hearings, notice must be filed and served at least 10 court days before the hearing. Opposition (RA-015) may be filed within 5 court days after service of the request.
This applies to trials, evidentiary motions (like preliminary injunction hearings with live testimony), and other proceedings where witness credibility is at issue.
3.672(i) - Opposition to remote appearance
Establishes the procedure for opposing a remote appearance request using form RA-015. For evidentiary hearings, opposition may be filed within 5 court days. For non-evidentiary proceedings, there is no right to oppose (except the court may still deny for cause).
3.672(j) - Factors for court consideration
Lists factors the court must consider when deciding whether to require in-person appearance:
- Whether a party or witness can adequately present or respond to evidence remotely
- Whether credibility or demeanor of a witness is a significant issue
- Whether privacy or confidentiality concerns favor remote appearance
- Any other factor the court determines relevant
⚠ The Critical Distinction: Evidentiary vs. Non-Evidentiary
Rule 3.670 defines the terms used throughout the remote appearance rules. For our purposes, the key definitions are:
"Evidentiary hearing" means a trial, a hearing at which the court will receive evidence, or a hearing at which a witness will be called to testify. [CRC 3.670(d)]
"Non-evidentiary proceeding" means a conference, hearing, or proceeding that is not an evidentiary hearing. [CRC 3.670(g)]
This distinction matters enormously because:
| Factor | Non-Evidentiary | Evidentiary |
|---|---|---|
| RA-010 Notice Deadline | 2 court days before | 10 court days before |
| Opposition Allowed? | No formal opposition right | Yes, RA-015 within 5 court days |
| Court Discretion | Limited - must find good cause | Broader - credibility/demeanor factors |
| Common Examples | Demurrers, motions, CMCs, OSCs (non-testimony) | Trials, PI hearings with testimony, contested custody |
Some hearings straddle the line. An OSC re: contempt might be evidentiary if the court intends to take testimony, but non-evidentiary if it's just argument on declarations. An anti-SLAPP motion is typically non-evidentiary (declarations only), but if the court orders live testimony on the probability of success prong, it becomes evidentiary.
When in doubt, file as if it's evidentiary. The 10-day deadline gives you a safety margin, and you can always appear remotely with less notice if the court confirms it's non-evidentiary.
🏛 Local Rules: The Overlay You Cannot Ignore
CRC 3.672 is statewide, but individual courts may have local rules that supplement (not contradict) the statewide rules. Common local variations include:
- Specific technology platforms: Some courts mandate Zoom, others use Microsoft Teams or proprietary systems.
- Department-specific procedures: Complex civil departments may have different remote protocols than general civil.
- Check-in requirements: Many courts require remote parties to log in 10-15 minutes early for roll call.
- Exhibit submission deadlines: For evidentiary hearings, courts may require exhibits be lodged electronically in advance.
A statewide-compliant RA-010 does not guarantee success if you violate a local rule. Before filing, check: (1) the county's local rules, (2) the specific department's posted procedures, and (3) any standing orders for the assigned judicial officer. Los Angeles, for example, has extensive department-by-department protocols.
👥 Who Can Appear Remotely?
CRC 3.672 and CCP 367.75 apply to:
- Parties (plaintiffs, defendants, cross-complainants, intervenors)
- Attorneys appearing on behalf of parties
- Witnesses called to testify (subject to court approval for evidentiary hearings)
- Other participants (interpreters, guardians ad litem, etc.)
Notably, the rules do not distinguish between represented and self-represented parties. A pro per litigant has the same right to request remote appearance as a BigLaw partner.
⛔ When the Court Can Require In-Person Appearance
Despite the permissive framework, courts retain authority to require physical presence. Under CRC 3.672(e), the court may require in-person appearance when:
- The remote technology is inadequate for the proceeding
- Witness credibility is a critical issue and remote appearance would impair assessment
- The proceeding involves classified or confidential information that cannot be securely transmitted
- There is good cause based on other relevant factors
For non-evidentiary proceedings, courts must articulate specific good cause - they cannot simply prefer in-person appearances as a policy matter. For evidentiary hearings, courts have more latitude, particularly where demeanor and credibility are central.
If a court denies your remote appearance request, get the denial on the record with the court's stated reasons. This preserves your ability to seek writ relief (in extraordinary cases) and documents the court's rationale for any later appellate review. A cryptic "denied" minute order is much harder to challenge than a denial with articulated factors.
📅 Remote Hearing Deadline Calculator
Use this calculator to determine your RA-010 filing deadline based on your hearing date and type. The calculator automatically excludes weekends and calculates court days as required by CRC 3.672.
Your Calculated Deadlines
CRC 3.672 uses "court days" for its deadlines. Court days exclude weekends and judicial holidays. The calculator above accounts for weekends automatically. However, you should manually verify that your deadline doesn't fall on a court holiday (like Cesar Chavez Day, court closure days, or local holidays). The California Courts website maintains a holiday schedule.
⏰ The Deadline Matrix: Quick Reference
| Proceeding Type | Evidentiary? | RA-010 Deadline | RA-015 Opposition | Governing Rule |
|---|---|---|---|---|
| Law & Motion (Demurrer, MTC, MSJ) | No | 2 court days before | No formal opposition | CRC 3.672(g)(2)(A) |
| Case Management Conference | No | 2 court days before | No formal opposition | CRC 3.672(g)(2)(A) |
| OSC re: Dismissal (No testimony) | No | 2 court days before | No formal opposition | CRC 3.672(g)(2)(A) |
| Status Conference | No | 2 court days before | No formal opposition | CRC 3.672(g)(2)(A) |
| Ex Parte Application | No | With the application | No formal opposition | CRC 3.672(g)(2)(B) |
| Trial (Bench or Jury) | Yes | 10 court days before | 5 court days after service | CRC 3.672(h)(2)(C) |
| PI Hearing with Live Testimony | Yes | 10 court days before | 5 court days after service | CRC 3.672(h)(2)(C) |
| Contempt Hearing (Testimonial) | Yes | 10 court days before | 5 court days after service | CRC 3.672(h)(2)(C) |
| Prove-Up Hearing (Default Judgment) | Yes* | 10 court days before | 5 court days after service | CRC 3.672(h)(2)(C) |
*Some courts treat default prove-ups as non-evidentiary if done on declarations. Check your department's practice.
Example 1: Demurrer Hearing on Friday, January 17, 2026
- Hearing type: Non-evidentiary (demurrer)
- Deadline rule: CRC 3.672(g)(2)(A) - 2 court days before
- Calculation: Count back 2 court days from Friday (excluding Friday itself)
- Result: RA-010 due by Wednesday, January 15, 2026
Example 2: Bench Trial Starting Monday, February 3, 2026
- Hearing type: Evidentiary (trial)
- Deadline rule: CRC 3.672(h)(2)(C) - 10 court days before
- Calculation: Count back 10 court days from Monday (excluding Monday itself)
- Result: RA-010 due by Friday, January 17, 2026
- Opposition deadline: RA-015 due 5 court days after service of RA-010
Example 3: Motion to Compel Filed Wednesday, Filed Same Day as Moving Papers
- Hearing type: Non-evidentiary (MTC)
- Deadline rule: CRC 3.672(g)(2)(B) - with moving papers
- Result: RA-010 may be filed simultaneously with the motion
- Note: This is the "moving papers" exception - no minimum lead time required if filed together
Court holidays are not automatically excluded by simple weekend calculations. If your calculated deadline falls on a court holiday (e.g., Presidents Day, Veterans Day, Thanksgiving), the deadline moves to the prior court day. Always cross-reference with the official California Courts holiday calendar.
📋 RA-010 and RA-015: A Field Guide to the Forms
The Judicial Council has created two mandatory forms for the remote appearance framework. Using any other format will likely result in rejection.
Form RA-010: Request to Appear Remotely
Mandatory FormPurpose: This is the form you file to request permission to appear remotely at a hearing. Required for all remote appearance requests under CRC 3.672.
Download RA-010 from California Courts →
Form RA-015: Opposition to Remote Appearance
Evidentiary OnlyPurpose: This form is used to oppose another party's request to appear remotely. Only available for evidentiary hearings - there is no right to formally oppose non-evidentiary remote requests (though you can raise concerns with the court).
Download RA-015 from California Courts →
- Credibility or demeanor is a significant issue
- Remote technology would impair presentation or cross-examination
- Confidentiality/security concerns with remote technology
- Other good cause
📤 E-Filing Requirements
Most California courts now require e-filing for civil cases. When e-filing your RA-010:
- Document is in PDF format (not Word)
- Case number matches the format in the court's case management system
- Document type selected correctly (look for "Request to Appear Remotely" or "RA-010")
- Filing fee paid or waiver on file (some courts charge no fee for RA-010)
- Proof of service attached as a combined PDF
- E-service on all parties completed through the e-filing system
- Confirmation email saved showing accepted filing
- Filed before court's daily cutoff time (often 4:00 or 5:00 PM) to count for that day
Most courts have a daily e-filing cutoff (typically between 4:00 PM and midnight). Documents filed after the cutoff are deemed filed the next court day. If your RA-010 deadline is Wednesday and you file at 5:30 PM Wednesday (after a 5:00 PM cutoff), you've missed your deadline. File with buffer time.
❓ What Happens After Filing?
- For non-evidentiary proceedings: Absent a court order denying your request, you may appear remotely. Most courts do not issue affirmative orders granting the request - silence is consent. Check the court's procedures to confirm remote access details.
- For evidentiary hearings: The court may rule on the request before the hearing, or address it at the start of the hearing. Monitor your case for any order denying the request.
- If opposition is filed: The court will typically rule before the hearing. You may file a reply if time permits, though CRC 3.672 does not expressly provide for one.
After filing your RA-010, don't assume everything is set. Confirm: (1) whether the court issued an order approving or denying the request, (2) the specific technology platform and meeting link, and (3) any department-specific procedures for check-in. Many courts post Zoom links on their department pages, but some require you to contact the clerk.
👔 Virtual Courtroom Etiquette: The Unwritten Rules
Remote doesn't mean casual. Judges notice when attorneys appear from obviously inappropriate locations, use distracting backgrounds, or struggle with basic technology. Here's how to project competence from behind a screen.
Treat every remote hearing as if you were appearing in person. Dress professionally. Use a clean, neutral background. Test your technology before the hearing starts. Mute when not speaking. Have your documents organized and accessible. And for the love of all that is holy, do not appear from your car in the Starbucks parking lot.
📹 The Visual Setup
🎬 Camera Placement
Camera at eye level, creating natural eye contact
Camera angle from below (unflattering) or above (looking down)
Place your laptop on a stack of books if needed. Position yourself so the camera captures head and shoulders, not just a floating head.
💡 Lighting
Face toward natural light or use a ring light
Backlit (window behind you), dark room, harsh overhead lighting
Test your lighting in advance. If your face is in shadow, the court can't see your expressions and may question whether you're fully present.
🌈 Background
Plain wall, bookshelves, professional virtual background
Unmade bed, kitchen, distracting art, family photos
If using a virtual background, test it thoroughly. Cheap webcams create weird halos around your head that scream "I'm hiding something."
👔 Attire
Business professional from at least the waist up
Casual wear, busy patterns, logos
Yes, the court only sees your top half. But if you need to stand up unexpectedly, you don't want to be in gym shorts. Also: solid colors photograph better than patterns.
🎤 The Audio Setup
Bad audio is worse than bad video. The court will tolerate a slightly grainy image, but if you're cutting out or creating feedback, the hearing cannot proceed.
- Use a headset or earbuds with a built-in mic - laptop mics pick up room echo and keyboard noise
- Hardwire your internet if possible (Ethernet vs. WiFi reduces drops)
- Close bandwidth-heavy applications (Dropbox syncing, software updates)
- Mute when not speaking - this is non-negotiable
- Have a backup plan - know the court's call-in number in case video fails
✅ The Pre-Hearing Checklist
- Test audio and video in the platform's settings
- Close all unnecessary browser tabs and applications
- Silence your phone and disable desktop notifications
- Have court's call-in number ready as a backup
- Open all documents you may need to reference (PDFs, briefs, exhibits)
- Verify your name displays correctly in the platform
- Join the waiting room early (most courts require 10-15 minutes)
- Mute yourself upon entry
- Check that your background is appropriate
- Have water nearby (not coffee - slurping is audible)
🎙 During the Hearing: Protocol
- Wait for your case to be called. Many courts batch remote and in-person matters. Stay muted until specifically addressed.
- Unmute and identify yourself. "Good morning, Your Honor. [Name] appearing remotely for Defendant [Name]."
- Look at the camera when speaking. Eye contact is made through the lens, not the screen. This feels unnatural but looks right.
- Speak in measured tones. Remote audio compresses dynamics. Speaking too quickly or too softly will make you unintelligible.
- Pause before responding. Remote delay means interruptions are common. A half-second pause before answering prevents overlap.
- Don't react visibly to adverse rulings. The camera catches everything. Maintain composure.
- Confirm the ruling before signing off. "Just to confirm, Your Honor, the demurrer is sustained with leave to amend, FAC due in 20 days?"
Judges in remote hearings sometimes monitor the full gallery view, not just the active speaker. That means while opposing counsel is arguing, the judge may be watching you react. I've seen judges call out counsel for eye-rolling, sidebar conversations with clients, and checking phones. Act as if you're being watched at all times - because you are.
🔧 Managing Technical Difficulties
Technology fails. The question is whether you handle it professionally or chaotically.
Nothing erodes credibility faster than spending five minutes troubleshooting audio while the court waits. If your tech isn't working after one attempt to fix it, switch to the backup immediately. Have the court's dial-in number pre-entered in your phone so you can call in within 30 seconds.
⚠ When Remote Goes Wrong: Problem Scenarios and Responses
Even with proper preparation, remote hearings can go sideways. Here's how to handle the most common disasters.
🚫 Scenario 1: Judge Denies Your Remote Appearance Request
The situation: You filed RA-010 correctly and on time, but the court issues an order requiring in-person appearance. The hearing is in two days, and you're 400 miles away.
Why this happens: The court may have concerns about the nature of the proceeding, local rules, or credibility assessment. Some judicial officers simply prefer in-person appearances and interpret "good cause" broadly.
Your Response Options
- File a motion for reconsideration explaining specific hardship (travel costs, client impact, conflict with other court appearances). Reference CCP 367.75's legislative intent favoring remote access.
- Request a continuance to allow time to appear in person. This may be granted if the denial order came last-minute.
- Arrange coverage. If the hearing cannot be continued, retain local counsel to appear in person while you appear remotely for consultation only (if permitted).
- Comply and preserve the issue. If no alternative exists, appear in person but note on the record that you requested remote appearance and were denied, preserving any appellate argument.
🚫 Scenario 2: Complete Tech Failure During Your Argument
The situation: You're mid-argument on a motion for summary judgment. Your internet dies. Your phone backup isn't connecting. You've lost the hearing.
Why this happens: ISP outages, router failures, power surges, or cosmic indifference to your important motion.
Your Response Options
- Exhaust your backups first: mobile hotspot, neighbor's WiFi, drive to a location with connectivity. You may have 5-10 minutes before the court gives up.
- If you reconnect: Apologize briefly, don't over-explain, and resume your argument. "Your Honor, I apologize for the technical difficulty. I'd like to pick up where I left off, with the court's permission."
- If you can't reconnect: File a motion to reconsider any adverse ruling based on inability to complete argument. Attach evidence of the outage (ISP records, screenshots).
- Prevention for next time: Have a co-counsel or associate on the call who can pinch-hit. Provide them a copy of your argument outline.
🚫 Scenario 3: Opposing Counsel Objects to Your Remote Appearance at the Hearing
The situation: Non-evidentiary motion. You filed RA-010 on time. At the hearing, opposing counsel announces they "object to counsel appearing remotely" and demands in-person attendance.
Why this happens: Tactical gamesmanship. Some attorneys believe in-person appearances give them an advantage or want to burden you with travel.
Your Response
"Your Honor, CRC 3.672(g) governs non-evidentiary proceedings like this motion. The rule does not provide for opposition to remote appearance requests for non-evidentiary matters. My RA-010 was timely filed and served. Opposing counsel's objection is procedurally improper and should be disregarded."
Legal basis: CRC 3.672(i) provides for opposition via RA-015 only for evidentiary hearings. For non-evidentiary matters, there is no opposition mechanism - remote appearance is permitted absent a court order denying it for good cause.
🚫 Scenario 4: You Missed the RA-010 Deadline
The situation: Motion is tomorrow. You realize at 4:45 PM today that you never filed the RA-010. The 2-court-day deadline has passed.
Why this happens: Calendaring errors, last-minute case assignments, or simple oversight.
Your Response Options
- File the RA-010 anyway with a cover letter acknowledging the late filing and requesting the court's discretion to permit remote appearance. Some courts will accommodate, especially if no prejudice to opposing party.
- Call the clerk's office (if before close of business) and ask if late RA-010s are accepted for non-evidentiary matters. Some departments are flexible; others are not.
- Appear in person and note on the record that you attempted to file an RA-010 but were late. This preserves your ability to argue the issue wasn't waived if needed later.
- Request a brief continuance at the start of the hearing to file proper remote appearance documentation. Courts sometimes grant this if the underlying motion isn't time-sensitive.
🚫 Scenario 5: Judge Threatens Sanctions for Remote Appearance "Issues"
The situation: Your audio cut out twice. The judge is frustrated and says something like, "Counsel, if you cannot maintain stable technology, I will impose sanctions for wasting the court's time."
Why this happens: Judicial frustration with tech problems is real. Some judges have limited patience for connectivity issues, particularly if they suspect the attorney didn't prepare properly.
Your Response
"Your Honor, I apologize for the technical difficulties. I tested my equipment before the hearing and was experiencing no issues. I'm switching to telephone audio now to ensure reliability for the remainder of the proceeding. I request that the court not impose sanctions, as these were unanticipated technical issues outside my control."
Prevention: Document your pre-hearing tech check. Take a screenshot of your internet speed test and audio/video check before the hearing. If sanctions are actually threatened, you can show you took reasonable precautions.
I recommend taking a screenshot of your pre-hearing setup 30 minutes before every remote appearance. Show your internet speed test, your video preview, and your audio levels. Save it with a timestamp. If tech fails and the court gets hostile, you have evidence that you prepared properly. This won't prevent problems, but it can prevent sanctions.
🤝 Remote Hearing Appearance Support
Need coverage for a California hearing? I provide remote appearance services for attorneys who need a California-licensed presence in court when they can't be there themselves.
What I Can Cover Remotely
- ✓ Case Management Conferences
- ✓ Status conferences and OSCs
- ✓ Unopposed motions and stipulations
- ✓ Routine law and motion appearances
- ✓ Ex parte applications
- ✓ Prove-up hearings (default judgments)
- ✓ MSJ/demurrer arguments (with full brief)
What I Need 48 Hours Before
- ✓ All filed pleadings and briefs
- ✓ Opposing papers
- ✓ Your argument outline or talking points
- ✓ Settlement authority (if applicable)
- ✓ Contact info for real-time questions
- ✓ Any local rules or department protocols
My Practice
I'm Sergei Tokmakov (CA Bar #279869). I work with California attorneys and out-of-state counsel who need a California-licensed lawyer to appear on their behalf. My practice focuses on supporting international clients with U.S. business interests, which means I'm comfortable with remote court appearances, cross-border issues, and working across time zones.
❓ Frequently Asked Questions
If you're admitted pro hac vice in California, you already have California counsel of record. I can work with your California counsel as an appearance attorney, or if you don't yet have California counsel, I can serve as your sponsoring attorney for the pro hac vice application and provide appearance coverage.
For routine matters, I quote a flat fee that covers a reasonable hearing length. If the hearing goes significantly longer due to unexpected issues, we'll discuss any additional fee before I proceed. You'll never be surprised by a bill.
It depends on the complexity. For a straightforward evidentiary motion where I'm essentially delivering pre-scripted direct and cross, yes. For a multi-day trial or a hearing requiring deep subject-matter expertise, I'll likely refer you to a specialist. We can discuss during the initial consult.
I can handle all filings, including the RA-010, as part of the engagement. If you prefer to handle filings yourself (e.g., you have an e-filing system already set up), that works too. We'll coordinate to make sure deadlines are met.
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