Use this “At A Glance Guide” to learn the Florida Rules of Civil Procedure applicable to case managment statements in Florida Circuit Courts. For more detailed information, please see the SmartRules Case Management Statement guides for the court where your action is pending.

There is no formal requirement for a Case Management Statement, although many judges require them for specific cases. Check with your judge’s clerk at the time the case management conference is scheduled to determine whether a statement should be prepared and, if so, what issues should be addressed.

At a case management conference, the court may:

1. Deal with scheduling of service of motions, pleadings, and other papers;

2. Set a time for trial (assuming a notice of trial has been filed)

3. In complex litigation cases, coordinate progress of the action;

4. Limit, schedule, or expedite discovery;

5. Schedule disclosure of expert witnesses;

6. Pursue settlement possibilities;

7. Require stipulations;

8. Consider referral to magistrate; and

9. Schedule further conferences or pre-trial conferences.   Fla. R. Civ. P. 1.200 (a).

A party that fails to appear at a case management conference is subject to having the court dismiss the action, strike the pleadings, limit witnesses, or take other appropriate action. Fla. R. Civ. P. 1.200 (c).

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.

 Use this “At A Glance Guide” to learn the statewide rules of civil procedure (Illinois Compiled Statutes and Illinois Supreme Court Rules) applicable to case managment statements in Illinois Circuit Court. For more detailed information, including local rules, please see the SmartRules Guides for Case Management Statement in Illinois Circuit Court.

Timing:

Unless a local rule provides otherwise, the Court must hold an initial case management conference within thirty-five (35) days after “the parties are at issue” and in no event more than one hundred and eighty-two (182) days after the filing of the complaint. IL Supreme Court R. 218(a).

At the initial conference the court will either set a date for trial or set a date for a subsequent conference. IL Supreme Court R. 218(b).

Case Management Statement Rules: 

 At the case management conference, counsel familiar with the case and authorized to act are required to appear and discuss the following issues:

(1) The Nature, Issues and Complexity of the Case. IL Supreme Court R. 218(a)(1).

(2) Simplification of the Issues. IL Supreme Court R. 218(a)(2).

(3) Amendments to the Pleadings. IL Supreme Court R. 218(a)(3).

(4) Narrowing Issues for Trial. At the conference counsel should be prepared to discuss the possibility of narrowing the issues for trial by obtaining admissions of fact and documents which will avoid unnecessary proof. IL Supreme Court R. 218(a)(4).

(5) Discovery Limitations. Counsel should attend the conference prepared to discuss reasonable limitations on discovery. IL Supreme Court R. 218(a)(5). These may include:
(a) Limiting the number and duration of depositions. IL Supreme Court R. 218(a)(5)(i).
(b) The number of expert witnesses who may be called at trial and their areas of expertise. IL Supreme Court R. 218(a)(5)(ii).
(c) Deadlines for disclosure of witnesses, completion of depositions, and completion of written discovery. IL Supreme Court R. 218(a)(5)(iii).

(6) Settlement. The court may explore the possibility of settlement and if appropriate schedule a settlement conference. IL Supreme Court R. 218(a)(6).

(7) ADR. The court may use the conference to consider the advisability of alternative dispute resolution in the action. IL Supreme Court R. 218(a)(7).

(8) Setting a Trial Ready Date. IL Supreme Court R. 218(a)(8).

(9) Additional Conferences and Other Matters. At the case management conference counsel and the court will discuss the need for subsequent case management conferences. IL Supreme Court R. 218(a)(9). The court may also explore any other matters which may aid in the disposition of the action. IL Supreme Court R. 218(a)(10).

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.

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.

Use this At A Glance Guide to learn the Federal Rules of Civil Procedure and United States Code provisions related to filing a case managment statement in the United States District Courts. For more detailed information, including local rules, on filing a case management statement in a specific United States District Court, please see the SmartRules Case Management Statement Guide for the court where your action is pending.

Timing:

Except in categories of actions exempted by local rule, the district judge - or a magistrate judge when authorized by local rule - must issue a scheduling order:

(A) after receiving the parties’ report under Rule 26(f); or

(B) after consulting with the parties’ attorneys and any unrepresented parties at a scheduling conference or by telephone, mail, or other means. FRCP 16(b)(1)(eff 12/01/07).

The judge must issue the scheduling order as soon as practicable, but in any event within the earlier of 120 days after any defendant has been served with the complaint or 90 days after any defendant has appeared. FRCP 16(b)(2)(eff 12/01/07).

Case Management Statement Rules: 

 A represented party must authorize at least one of its attorneys to make stipulations and admissions about all matters that can reasonably be anticipated for discussion at a pretrial conference. If appropriate, the court may require that a party or its representative be present or reasonably available by other means to consider possible settlement. FRCP 16(c)(1)(eff 12/01/07).

At any pretrial conference, the court may consider and take appropriate action on the following matters:

(A) formulating and simplifying the issues, and eliminating frivolous claims or defenses;

(B) amending the pleadings if necessary or desirable;

(C) obtaining admissions and stipulations about facts and documents to avoid unnecessary proof, and ruling in advance on the admissibility of evidence;

(D) avoiding unnecessary proof and cumulative evidence, and limiting the use of testimony under Federal Rule of Evidence 702;

(E) determining the appropriateness and timing of summary adjudication under Rule 56;

(F) controlling and scheduling discovery, including orders affecting disclosures and discovery under Rule 26 and Rules 29 through 37;

(G) identifying witnesses and documents, scheduling the filing and exchange of any pretrial briefs, and setting dates for further conferences and for trial;

(H) referring matters to a magistrate judge or a master;

(I) settling the case and using special procedures to assist in resolving the dispute when authorized by statute or local rule;

(J) determining the form and content of the pretrial order;

(K) disposing of pending motions;

(L) adopting special procedures for managing potentially difficult or protracted actions that may involve complex issues, multiple parties, difficult legal questions, or unusual proof problems;

(M) ordering a separate trial under Rule 42(b) of a claim, counterclaim, crossclaim, thirdparty claim, or particular issue;

(N) ordering the presentation of evidence early in the trial on a manageable issue that might, on the evidence, be the basis for a judgment as a matter of law under Rule 50(a) or a judgment on partial findings under Rule 52(c);

(O) establishing a reasonable limit on the time allowed to present evidence; and

(P) facilitating in other ways the just, speedy, and inexpensive disposition of the action.

FRCP 16(c)(2)(eff 12/01/07).

After any conference under this rule, the court should issue an order reciting the action taken. This order controls the course of the action unless the court modifies it. FRCP 16(d)(eff 12/01/07).

The court may hold a final pretrial conference to formulate a trial plan, including a plan to facilitate the admission of evidence. The conference must be held as close to the start of trial as is reasonable, and must be attended by at least one attorney who will conduct the trial for each party and by any unrepresented party. The court may modify the order issued after a final pretrial conference only to prevent manifest injustice. FRCP 16(e)(eff 12/01/07).

On motion or on its own, the court may issue any just orders, including those authorized by Rule 37(b)(2)(A)(ii)-(vii), if a party or its attorney:

(A) fails to appear at a scheduling or other pretrial conference;

(B) is substantially unprepared to participate - or does not participate in good faith - in the conference; or

(C) fails to obey a scheduling or other pretrial order. FRCP 16(f)(1)(eff 12/01/07).

Instead of or in addition to any other sanction, the court must order the party, its attorney, or both to pay the reasonable expenses - including attorney’s fees - incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust. FRCP 16(f)(2)(eff 12/01/07). 

Except in certain exempted cases, the court must set time limits for the joinder of parties and amendment of pleadings, the filing of motions and the completion of discovery. FRCP 16(b)(3)(A)(eff 12/01/07).

The scheduling order may:

(i) modify the timing of disclosures under Rules 26(a) and 26(e)(1);

(ii) modify the extent of discovery;

(iii) provide for disclosure or discovery of electronically stored information;

(iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced;

(v) set dates for pretrial conferences and for trial; and

(vi) include other appropriate matters.

FRCP 16(b)(3)(B)(eff 12/01/07).

A schedule may be modified only for good cause and with the judge’s consent. FRCP 16(b)(4)(eff 12/01/07).

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.