Rule 5.9.Appearance by telephone

Division 1. Family Rules · Chapter 1. General Provisions · Article 3. Appearance by Telephone · Last amended 2026 · Last verified September 10, 2026

In one sentenceRule 5.9 governs telephone appearances in family law cases — but its operative subdivisions are suspended until January 1, 2027, with rule 3.672 applying in their place.

Full Text of Rule 5.9

Text sizeJump to: (a) (b) (c) (d)

(a) Application

Subdivisions (b) through (d) of this rule are suspended from January 1, 2022, to January 1, 2027. During that time, the provisions in rule 3.672 apply in their place. This rule applies to all family law cases, except for actions for child support involving a local child support agency and cases governed by the Indian Child Welfare Act. Rule 5.324 governs telephone appearances in governmental child support cases. Welfare and Institutions Code section 224.2(k) governs telephone appearances in cases under the Indian Child Welfare Act.

(b) Telephone appearance

The court may permit a party to appear by telephone at a hearing, conference, or proceeding if the court determines that a telephone appearance is appropriate.

(1) At its discretion, the court may require a party to appear in person at a hearing, conference, or proceeding if the court determines that a personal appearance would materially assist in the determination of the proceedings or in the effective management or resolution of the particular case.

(2) If, at any time during a hearing, conference, or proceeding conducted by telephone, the court determines that a personal appearance is necessary, the court may continue the matter and require a personal appearance.

(d) Local rules

Courts may develop local rules to specify procedures regarding appearances by telephone.

End

Plain-English Summary

Read subdivision (a) first, because it changes what the rest of the rule does. Subdivisions (b) through (d) are suspended from January 1, 2022 to January 1, 2027. During that window the remote appearance provisions of rule 3.672 apply instead. A party planning a telephone appearance in a family law case should be working from that rule, not from this one.

Subdivision (a) also carves out cases this rule never reached: child support actions involving a local child support agency, which rule 5.324 governs, and cases under the Indian Child Welfare Act, where Welfare and Institutions Code section 224.2(k) governs telephone appearances.

When the suspension lifts, the rule’s own scheme resumes. The court may permit a telephone appearance where it finds one appropriate. It may require a party to appear in person where that would materially assist in deciding the matter or in managing or resolving the case, and it may stop a telephone hearing midway, continue it, and order everyone to appear. Courts may adopt local rules on the procedure.

Frequently Asked Questions

Can I appear by phone in a California family law hearing right now?

Look to rule 3.672. Subdivisions (b) through (d) of rule 5.9 are suspended from January 1, 2022 to January 1, 2027, and rule 3.672 applies in their place during that period.

Does rule 5.9 apply to a governmental child support case?

No. Rule 5.324 governs telephone appearances in child support cases involving a local child support agency.

Can the court make me appear in person even if I asked to appear by phone?

Yes. The court may require a personal appearance where it determines that appearing in person would materially assist in determining the proceedings or in managing or resolving the case — and it may reach that conclusion partway through a telephone hearing and continue the matter.

Amendment History

Rule 5.9 amended effective January 1, 2026; adopted effective January 1, 2013; previously amended effective January 1, 2021, January 1, 2022, and August 4, 2023.

(Subd (a) amended effective January 1, 2026; previously amended effective January 1, 2021, January 1, 2022, and August 4, 2023.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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