◐ preliminary · en banc order granting reconsideration; final decision deferred · quotations verified 8/24/26 · cite: Blackletter § 20.3, p. 39 (2026) ·
““If a witness intends to testify electronically, a petition showing good cause shall be filed pursuant to rule 10510 by the witness or by the party offering the witness’s testimony before the hearing, and shall identify the witness and contain the witness’s full legal name . . . .””
(Cal. Code Regs., tit. 8, § 10817(a), as quoted in Perez, supra, at p. 6.)
“Because an evidentiary record must be created to allow for appellate review, and to safeguard due process, a request for electronic testimony must not be denied without an opportunity to be heard.”
PRELIMINARY CONCLUSION No. 1 · PEREZ (2025) · EN BANC · FINAL DECISION DEFERRED · at p. 10
“a request on the record for electronic witness testimony at the beginning of the hearing, with an opportunity for any party to respond, satisfies the petition requirement and is sufficient to adjudicate the issue of electronic testimony.”
(Perez, supra, at p. 10 [construing Rule 10817(a), as corrected by Opn. and Order Correcting Clerical Error (Aug. 14, 2025)].)
PRELIMINARY CONCLUSION No. 2 · PEREZ (2025) · EN BANC · FINAL DECISION DEFERRED · at p. 10
“the due process right to a fair hearing and a determination based on the merits is good cause to allow the electronic testimony of the witness.”
PRELIMINARY CONCLUSION No. 3 · PEREZ (2025) · EN BANC · FINAL DECISION DEFERRED · at p. 10
“when a witness is unable to appear in person, as a matter of due process, a request to testify electronically should be readily permitted.”
Cross-references:§ 20.2 (due process and the fair hearing); § 16.3 (pleadings judged on substance); § 21.3 (finality of interlocutory orders).