| Summary |
For a residential eviction action filed in county court, the bill:
•
Requires the court to allow either party or any witness to
choose to appear in person or remotely at any return,
conference, hearing, trial, or other court proceeding;
•
Authorizes a pro se defendant to file an answer
electronically by e-mail, or at the court's discretion, through
an e-filing system; and authorizes either party, if the party
is pro se, to file a motion or other documents electronically
by e-mail, or at the court's discretion, through an e-filing
system;
•
Prohibits the court from assessing an e-filing fee or service
fee on a motion to waive filing fees, or from assessing an
e-filing fee, service fee, or any other fee associated with the
electronic filing or e-mailing of motions, answers, or
documents for an indigent party; and
•
Requires the court to comply with federal and state law or
regulations, including supreme court directive or policy,
regarding the provision of accommodation for people with
a disability or for people with limited English proficiency.
If a party is appearing remotely and the party is disconnected, the
bill requires the court to make all reasonable efforts to contact the party
and allow reasonable time for the party to reestablish connection. If the
party is unable to reestablish connection, the bill requires the court to
reschedule the hearing for the first available in-person date after the date
of the originally scheduled hearing, but no later than one week after the
originally scheduled hearing, to the extent practicable. The bill prohibits
the court from entering a default judgment if a party is unable to
participate remotely due to a technological disconnection or failure.
The bill requires the complaint to include a designation of whether
the plaintiff elects to participate in any hearing in person or remotely, and
a box indicating if the eviction is for a residential or commercial tenancy.
The bill requires the summons to include a statement in bold-faced
type notifying the defendant that either party has a right to appear in
person or remotely, include a place for the defendant to indicate whether
the defendant will appear in person or remotely, and provide information
for how a pro se party can electronically submit documents related to the
case.
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