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Wednesday, April 16, 2014
Rule 3: Case Management


RULE 3. CASE MANAGEMENT

3.1CASE MANAGEMENT CONFERENCE

Pursuant to the California Trial Court Delay Reduction Act (Government Code §68600, et seq.), the Court adopts the following rules.

The goal of the Court is to dispose of the cases subject to the Trial Court Delay Reduction Act within the standards for disposition adopted by the Judicial Council.

In order to achieve timely resolution of general civil actions, the Court will actively manage and supervise the pace of litigation from the date of the filing of the action to its final disposition.

Upon the initial filing of a civil action or proceeding, other than juvenile, probate, family law domestic violence, or civil harassment, the Clerk shall set the matter for a first case management conference on the case management calendar closest to, but not less than 135 days from the date of filing. The clerk shall issue a notice of case management conference with the summons. The plaintiff shall serve a copy of the notice of case management conference along with the summons and complaint. (Eff. 01/01/09)

3.2EXEMPTION FROM TRIAL DELAY REDUCTION

A request to exempt a case from the Delay Reduction Rules shall be by written motion, supported by declaration showing good cause. A stipulation does not establish good cause. (Eff. 01/01/09)

3.3PERIODS OF CASE PROGRESSION

In order to dispose of cases within the legislative standards, the Court adopts the following time periods for progression of all cases:

(a) Service of the complaint within 60 days of filing.

(b) Service of responsive pleading within 30 days after service of the complaint.

(c) Discovery to commence at the earliest practicable date.

(d) First case management conference to be held approximately 135 days after filing of a complaint.

(e) Stipulated extensions of time as provided in Government Code 68616 shall be in writing and filed with the Clerk. Any other extensions shall only be after a written motion, supported by a declaration of good cause. (Eff. 01/01/09)

3.4CASE MANAGEMENT STATEMENT

All parties taking part in a case management conference must submit a completed Case Management Statement before the case management conference pursuant to California Rules of Court 3.725. Judicial Council form CM-110. (Eff. 01/01/09)

3.5PARTICIPATION IN CONFERENCE

Case Management Conferences are heard on the second and fourth Fridays of the month at 8:30 a.m. Counsel for each party, and each party not represented by counsel, shall attend the Case Management Conference. Appearance at the Case Management Conference may be made in person or telephonically via Court Call (1-800-88COURT) (Eff. 01/01/09)

3.6SANCTIONS

The Court may impose any and all sanctions allowed by law upon any party or counsel who fails to participate in the Case Management Conference or who otherwise impedes the Trial Delay Reduction Rules. (Eff. 01/01/09)

ALTERNATIVE DISPUTE RESOLUTION (ADR)

3.7MEDIATION/ARBITRATION

(a) The Court enthusiastically supports ADR, and this Court will make every effort to see that any case has the opportunity to go to mediation, arbitration or a settlement conference.

(b) Counsel for the parties will be given the opportunity to select a private mediator of their choice.

(c) The Clerk’s office maintains an ADR resource file with the names, curriculum vitae and charges of local mediators and arbitrators as well as other ADR material.

(d) The Court recognizes that not all litigants or their counsel reside in Sierra County, and it may be more expeditious and economical to retain a private mediator or arbitrator from another area more convenient to the parties or their counsel.

(e) Subsequent to the date scheduled for the mediation/arbitration, there will be a follow-up Case Management Conference to confirm that the mediation/arbitration went forward.

(f) If the mediation/arbitration results in the resolution of the dispute, counsel will not be required to appear at the follow-up Case Management Conference but are to notify the Court of the resolution of the dispute. (Eff. 01/01/09)

3.8SETTLEMENT CONFERENCES

(a) The Court will schedule a mandatory settlement conference for all cases.

(b) All parties, as well as their agents with authority to settle, will attend the mandatory settlement conference.

(c) Failure of a party to attend, or failure of an agent with authority to attend a settlement conference, may result in sanctions imposed by the Court.

(d) No telephone appearance will be allowed without prior approval by the Court, and will only be allowed under extraordinary circumstances.

(e) The parties shall submit a settlement brief not to exceed 5 pages no later than 5 p.m. on Friday the week before the settlement conference. A copy of the settlement brief shall be served upon the opposing counsel. (Eff. 01/01/09)

 


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