September 22, 2020

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THE STANISLAUS SUPERIOR COURT ADOPTS EMERGENCY RULE REQUIRING FACE COVERINGS

On June 22, 2020, the Court adopted Emergency Rule ER-1.02, which requires all persons entering a court facility to wear a face covering.  The rule applies to all courthouses in the county and is effective immediately.  Anyone who is unable to wear a mask can request an accommodation by submitting a Request for Accommodation form (MC-410) to the Court’s ADA Coordinator.  More information about the ADA procedure is located at https://www.stanct.org/ada-information.  Emergency Rule 1.02 is set forth below

ER 1.01 Authority for Emergency Rules

  1. All superior courts are authorized under rule 10.613(i) of the California Rules of Court to adopt any proposed rules or rule amendment that is intended to address the impact of the COVID-19 pandemic to take effect immediately, without advance circulation for 45 days of public comment. (Statewide Order by Chief Justice Tani Cantil-Sakauye, dated March 23, 2020.)
  2. The Court may, after notice and an opportunity to be heard, impose sanctions on any attorney, party represented by an attorney, or self-represented litigant, who fails to comply with any of the requirements set forth in these Rules or the California Rules of Court. (Code Civ. Proc. § 575.2; Cal. Rules of Court, rules 2.30 and 5.14.)
  3. These rules shall become effective June 22, 2020, and remain in effect until amended, superseded or rescinded.

ER 1.02 Face Covering and Social Distancing Requirements

  1. All persons, three years of age and older, entering, or in line to enter, a court facility must wear a face covering.
  2. All persons must wear face coverings in public areas of court facility. Public areas include, but are not limited to, courtrooms, hallways, elevators, stairways, and the clerk’s offices.
  3. Face coverings may include a mask, scarf or any other cloth material that covers both the nose and mouth. Face coverings shall also include face shields that cover both the nose and the mouth.
  4. Persons with a disability, which prevents them from wearing a face covering, may submit a Judicial Council form MC-410 (Request for Accommodations by Persons with Disabilities and Response) to the Court ADA Coordinator.
  5. Any person who, absent an approved accommodation or authorization, refuses to wear a face covering may be denied entry to the courthouse or a courtroom
  6. Judicial officers have discretion in their individual courtrooms to allow persons, including themselves, to remove their face coverings for limited periods, to the extent necessary for the proceedings.
  7. If a person removes their face covering after entering the courthouse or courtroom, a judicial officer, court employee or court security personnel will ask the person to wear their face covering. If the person refuses, they may be denied services, may have their legal matters rescheduled, and/or will be asked to leave the courthouse or courtroom immediately.
  8. The following persons are exempt from the face covering requirements contained in this rule:
    a. Persons who are hearing impaired, or communicating with a person who is hearing impaired, where the ability to see the mouth is essential for communication. •
    b. Persons for whom wearing a face covering would create a risk to the person related to their work, as determined by local, state, or federal regulators or workplace safety guidelines.
  9. Individuals are required to maintain at least (6) six feet of physical distance from all persons (except those within their household) at all times and comply with social distancing signage throughout the courthouse. (Eff. 6/22/20)
Last updated: June 22, 2020 4:06 PM