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Elements of a Case Management Conference

In a California state civil matter, the court must set an initial case management conference (“CMC”) no later than 180 days after the initial complaint has been filed.   At the CMC, the court will review the case carefully and decide whether to assign the case to an alternative dispute resolution (“ADR”) process, whether to set the case for trial, or whether to take other appropriate action as listed below.

• Duty to Meet and Confer:   At least 30 days prior to the date of the CMC, counsel are required to meet and confer to discuss those issues identified in CRC 3.727 and to consider:

1. Resolving any discovery disputes and setting a discovery schedule;
2. Identifying and/or resolving any anticipated motions;
3. Identifying the uncontested facts and issue that may be subject to stipulation;
4. Identifying the disputed facts and issues;
5. Determining whether the issues in the case can be narrowed by eliminating any claims or defenses;
6. Determining whether settlement is possible;
7. Determining when counsel are available for trial; and,
8. Any issues of discovery of electronically stored information.

• File a Case Management Statement:  At least 15 days prior to the CMC, each party is required to file a Case Management Statement.  In lieu of each party filing a separate Case Management Statement, any two or more parties can file a joint statement.  The parties must use the mandatory Case Management Statement [form CM-110].  All of the applicable items on this form must be completed.

Attendance at the Hearing

Counsel for each party must appear in person or by telephone; must be familiar with the case; and must be prepared to discuss and commit to the party’s position on the issues.  Failure to appear at the hearing can result in monetary sanctions and/or an Order to Appear with the possibility of dismissal of the action.  

Considerations by the Court at the Hearing

At the conference, the court will consider the following matters:

1. Whether all parties named in the Complaint or Cross-Complaint have been served, have appeared, or have been dismissed;
2. Whether any additional parties may be added to the matter;
3. Whether there are any related cases;
4. The deadline for the filing of any remaining pleadings and service of any additional parties;
5. Whether any other matters, such as a bankruptcy, may affect the court’s jurisdiction or processing of the case;
6. Whether an early settlement conference should be scheduled;
7. Whether discovery has been completed, and if not, the date by which it will be completed;
8. What discovery issues are anticipated;
9. Whether the case should be bifurcated;
10. Whether the case is entitled to statutory preference;
11. Whether a jury has been demanded;
12. The estimated length of trial;
13. The injuries and damages of the plaintiff, and any other relief sought;
14. Whether there are any insurance coverage issues that may affect the case; and,
15. Any the matters that should be considered by the court.

Case Management Orders

1. The court must enter a case management order setting a schedule for subsequent proceedings and provide for the management of the case.    The order may include:
2. Referral of the case to judicial arbitration or other ADR process, along with a date for completion;
3. A trial date, whether the trial will be a jury trial or nonjury trial, and which party demanded the jury;
4. The estimated length of trial;
5. The names and addresses of the attorneys who will try the case;
6. The date, time, and place for the mandatory settlement conference;
7. The date, time, and place for the final case management conference;
8. The date, time, and place for any further case management conference; and,
9. Any additional appropriate orders. 

»PARALEGAL CASE MANAGEMENT TIP«

If your attorney, upon returning from a CMC hearing, does not give you instructions from the court [a trial date, a further CMC hearing, or further instructions], look up the case on the court’s website for the CMC hearing order.  The judge will always assign something to a civil matter for further handling and/or follow-up.