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Case Management Conference in a Limited Civil Case

San Francisco, CA |

I am a plaintiff in a limited civil case. I have a case management conference coming up. My understanding is that I am required to file a case management statement. How many days in advance of the conference do I need to file it? Also, am I required to meet and confer with the defendant before I file this statement? What are other requirements?

Attorney Answers 4

Posted

Fifteen calendar days before the CMC. Yes, you must meet and confer 30 days before the CMC.

In California civil cases, case management is governed by the Trial Court Delay Reduction Act (Government Code sections 68600-68620). Under Rule 3.724 of the California Rules of Court, the parties have an obligation to "meet and confer" either in person or via telephone no later than 30 calendar days before the date set for the initial Case Management Conference regarding each of the issues identified in Rule 3.727 of the California Rules of Court:

http://www.courtinfo.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_727

In addition, the parties during the "meet and confer" are required 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) Determining whether settlement is possible;

(7) Identifying the dates on which all parties and their attorneys are available or not available for trial, including the reasons for unavailability;

(8) Any issues relating to the discovery of electronically stored information, including:

-- (A) Issues relating to the preservation of discoverable electronically stored information;

-- (B) The form or forms in which information will be produced;

-- (C) The time within which the information will be produced;

-- (D) The scope of discovery of the information;

-- (E) The method for asserting or preserving claims of privilege or attorney work product, including whether such claims may be asserted after production;

-- (F) The method for asserting or preserving the confidentiality, privacy, trade secrets, or proprietary status of information relating to a party or person not a party to the civil proceedings;

-- (G) How the cost of production of electronically stored information is to be allocated among the parties;

-- (H) Any other issues relating to the discovery of electronically stored information, including developing a proposed plan relating to the discovery of the information; and

(9) Other relevant matters.

Finally, each party is required to file a Case Management Statement (Judicial Council Form CM-110) with the court at least 15 days prior to the Case Management Conference. The following is a link to the Case Management Statement form:

http://www.courts.ca.gov/documents/cm110.pdf

Regarding Case Management Statements, see:

http://www.avvo.com/legal-guides/ugc/case-management-statements-in-california

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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Posted

Thank you very much, Mr. Chen!

Posted

Go to your local court's website and check the local rules for case management conferences in limited civil cases. Your local rules may excuse you from filing a case management statement. In addition, if your case is short cause matter pursuant to Rule 3.75. If you have to file and serve a statement, you must do so 15 days before the hearing. Check out Rules of Court, beginning at Rule 3.720 for all the details. The meet and confer requirement is addressed therein. Usually it is done by phone call.

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Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

This is true. Check the local rules. In some counties, when one party files a Case Management Statement, an appearance at the CMC is not necessary. The court will just set a trial date.

Posted

Follow the excellent advices posted by Mr. Chen and Mr. Boyer. However, if you are already late in filing the CMC statement (unless such filing has been excused by the court), go ahead and file it late. It is much better to file and serve a CMC statement late rather than not at all. SImilarly, if you have not been able to comply with all of the requirements for the CMC (such as meeting and confering and discussing the issues identified in Mr. Chen's response), comply to the extent you can. Partial compliance is defenitely preferable to noncompliance. Good luck.

This response is for information purpose only and does not constitute a legal advice. This response does not create an attorney-client relationship.

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Posted

You need to file a case management conference statement at least 15 days before the hearing date and serve it on the other side. You also need to lodge a courtesy copy in dept. 610. They will then send you an order most likely setting the case for trial without a hearing unless the parties agree to some kind of dispute resolution such as mediation, arbitration, etc.

What kind of case do you have? Who is the attorney on the other side.

Feel free to contact me with any questions.

Kevin Sullivan
415-441-1052

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