New Laws and Rules Going Into Effect on January 1

Article posted: December 31, 2025

The following new rules and laws are going into effect January 1, 2026!

Civil Actions – Motions: Meet and Confer re Retention of a Certified Shorthand Reporter

New meet and confer requirement on notices for specified motions must include a statement that parties have met and conferred regarding the retention of a certified shorthand reporter for the hearing on the motion (also specifies that the meet and confer may be done through electronic communications).

Civil Actions – Unlawful Detainers, Procedural Requirements

Currently, the timelines regarding a defendant’s response, including a demurrer or motion to strike, state that the hearing on such a motion is required to occur within 5 to 7 court days after its filing, unless good cause is shown, in which case the hearing may occur on a later date on notice prescribed by the court. Effective January 1, 2026, the court’s authority to set a later hearing for a noticed motion is limited and permits the court to order the hearing held on a later date upon the written stipulation of the parties or upon good cause shown in the case of a residential or commercial tenancy, not to exceed 10 court days after the first date set for a hearing on the motion in the case of a commercial tenancy.

Civil Actions – Service of Summons by Electronic Means

Authorizes a court, upon motion, to direct service of a summons by electronic means, if such service is reasonably calculated to give actual notice. Requires a plaintiff seeking to establish reasonable diligence to set forth facts that detail, as specified, the attempts to effect service pursuant to the methods prescribed by statute. Except actions against public entities or agents or employees of public entities from these provisions.

 

 

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