Lactation Accommodations
Lactation Accommodations in the Courtroom
After the passage of Senate Bill 949 in 2024, California Rules of Court, rule 2.40 was created to offer court users who are lactating, request an accommodation to pump or express breast milk during court proceedings. This applies to parties, attorneys, witnesses, jurors, and any other person who is involved in the courtroom proceedings for a case on calendar. Some accommodations may include requesting a reasonable amount of time to pump or express breast milk or to use an available lactation pod or room.
Court users requesting this accommodation will complete Judicial Council optional form: Request for Accommodation to Pump or Express Breast Milk (MC-420). If submitting other documents to the court electronically, form MC-420 must not be included in the filing, however, it can be electronically submitted as a separate filing via eFiling. Court users may opt to make the request on pleading paper or orally in the courtroom. Please make the request as far in advance as possible, but at least five (5) court days before your appearance or appointment.
You may submit your completed MC-420 form:
- In person, at the clerk’s office filing window at the appropriate courthouse.
- In the department or courtroom hearing the case you are involved in.
- Via mail to the postal address of the courthouse where the proceedings are taking place.
- Electronic submission via eFiling. Submit as a separate filing from other documents to be filed.
In the event the court denies your request, in whole or in part, you will receive a copy of this action in writing. If you disagree with the court’s decision, you have the right to appeal (see California Rules of Court, rule 2.40(f)(2)).
Lactation Room and Pod Locations
Central Justice Center |
Public lactation pod located on the 2nd floor by elevators 10 and 11 |
Civil Complex Center |
Public lactation pod located near department CX105 |
Costa Mesa Justice Complex |
Investigator briefing room on the 2nd floor |
Harbor Justice Center - Newport Beach |
Room 230 located on the 2nd floor |
Lamoreaux Justice Center |
Room C103 located on the 1st floor |
North Justice Center |
Under Construction. Contact NJC Facilities Management |
West Justice Center |
Lactation room located on the 1st floor near Victim Witness |
Forms & Filing
- MC-420 - Request for Accommodation to Pump or Express Breast Milk
EFiling is available for electronic submission of the MC-420 for certain case types. This document should be submitted separately if a court user is using eFiling to submit multiple documents. To submit electronically, go to the eFiling page for the correct link to the corresponding case type. For Criminal cases, this form cannot be submitted electronically.
Superior Court Phone List
Lactation Accommodation FAQ – Orange County Superior Courts
California Rules of Court, rule 2.40(a)(2) defines an “Applicant” making a request for accommodations as "any court user who is participating in an ongoing court proceeding in a superior court."
Court users who are lactating or may need to express breast milk with business in a state court, including attorneys, litigants, probationers, witnesses, jurors, or other participants in a hearing, may request a reasonable lactation accommodation by notifying the courtroom and judge personally or by completing the Request for Accommodation to Pump or Express Breast Milk (MC-420) and returning it to the clerk's office, courtroom, via postal mail, or electronically. Lactation accommodations are not considered ADA accommodations but per statute, a request can be submitted to the court for a reasonable accommodation.
Accommodations include providing break time from court proceedings to pump or express breast milk. These accommodations could also be reasonable modifications to policies, practices, and procedures and providing access to a lactation pod or room. These requests are available by completing the Request for Accommodation to Pump or Express Breast Milk (MC-420) form, on pleading paper, or making a request in the courtroom.
The court can work with the applicant and make recommendations that would be suitable. The judicial officer decides what reasonable accommodation can be made. Primary consideration is given to the request of the individual; however, an alternative accommodation may be offered if it is equally effective. Requests must be reasonable and not interfere with courtroom proceedings
Yes. A court user can request an ADA and Lactation Accommodation by completing and submitting both the Request for Accommodations by Persons with Disabilities and Response (MC-410) and the Request for Accommodation to Pump or Express Breast Milk (MC-420) or orally in the courtroom. Refer to the ADA and Lactation Accommodation page for more information regarding ADA accommodations.
Yes. Under California Rules of Court, rule 2.1006, a parent who is breastfeeding a child may request their jury service be deferred for up to one year and may renew the deferral request as long as they continue breastfeeding. If the request is submitted in writing and made under penalty of perjury, the jury commissioner must grant the deferral and may not require the prospective juror to appear in court. To request a deferral or excuse, go to the Jurors/Jury Service main page for more information.