Use this “At A Glance Guide” to learn the statewide rules of civil procedure, (the California Code of Civil Procedure and California Rules of Court) applicable to case management statements in California Superior Court. For more detailed information, including local rules, please see the California Superior Court SmartRules Guides: Case Management Statement.
Case Management Statement Rules:
No later than fifteen (15) calendar days before the date set for the case management conference or review, each party must file a case management statement and serve it on all other parties in the case. CRC 3.725(a) (renumbered eff 1/1/07).
Unless the court orders another time period, no later than thirty (30) calendar days before the date set for the case management conference, the parties must meet and confer, in person or by telephone, to consider each of the issues identified in California Rule of Court 3.727. These issues are:
(1) Whether there are any related cases;
(2) Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed;
(3) Whether any additional parties may be added or the pleadings may be amended;
(4) Whether, if the case is a limited civil case, the economic litigation procedures under Code of Civil Procedure section 90 et seq. will apply to it or the party intends to bring a motion to exempt the case from these procedures;
(5) Whether any other matters (e.g., the bankruptcy of a party) may affect the court’s jurisdiction or processing of the case;
(6) Whether the parties have stipulated to, or the case should be referred to, judicial arbitration in courts having a judicial arbitration program or to any other form of alternative dispute resolution (ADR) process and, if so, the date by which the judicial arbitration or other ADR process must be completed;
(7) Whether an early settlement conference should be scheduled and, if so, on what date;
(8) Whether discovery has been completed and, if not, the date by which it will be completed;
(9) What discovery issues are anticipated;
(10) Whether the case should be bifurcated or a hearing should be set for a motion to bifurcate under Code of Civil Procedure section 598;
(11) Whether there are any cross-complaints that are not ready to be set for trial and, if so, whether they should be severed;
(12) Whether the case is entitled to any statutory preference and, if so, the statute granting the preference;
(13) Whether a jury trial is demanded, and, if so, the identity of each party requesting a jury trial;
(14) If the trial date has not been previously set, the date by which the case will be ready for trial and the available trial dates;
(15) The estimated length of trial;
(16) The nature of the injuries;
(17) The amount of damages, including any special or punitive damages;
(18) Any additional relief sought;
(19) Whether there are any insurance coverage issues that may affect the resolution of the case; and
(20) Any other matters that should be considered by the court or addressed in its case management order.
CRC 3.727 (renumbered eff 1/1/07).
Additionally, the parties are to consider the following:
(1) Resolving any discovery disputes and setting a discovery schedule;
(2) Identifying and, if possible, informally resolving any anticipated motions;
(3) Identifying the facts and issues in the case that are uncontested and may be the subject of stipulation;
(4) Identifying the facts and issues in the case that are in dispute;
(5) Determining whether the issues in the case can be narrowed by eliminating any claims or defenses by means of a motion or otherwise;
(6) Possible settlement;
(7) Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability; and
(8) Other relevant matters.
CRC 3.724 (renumbered and amended eff 1/1/07).
Parties must use the mandatory Case Management Statement (form CM-110, available online at: http://www.courtinfo.ca.gov/forms/).
All applicable items on the form must be completed.
In lieu of each party filing a separate case management statement, any two or more parties may file a joint statement under California Rule of Court 3.725. CRC 3.725(b) (renumbered eff 1/1/07).
The authorities cited in this At A Glance Guide are current as of the publication date. For authorities updated in real time, please see the SmartRules Guide for the litigation document you are drafting.