Standing Order Regarding Case Management Conferences

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, CA SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO CIVIL DIVISION ) ) Civil Division of the Superior ) ) Court of California, County of ) ) Fresno ) ) ) ) Standing Order Regarding the Standing Order No. 07-0628 This standing order addresses the method by which the court manages the processing, progress and disposition of civil cases. The Superior Court seeks to improve the method by which the court manages the progress and disposition of civil cases. The court This finds that the following procedures will further this goal. rule applies to all general civil cases as defined by California Rules of Court, rule 1.6 filed after January 1, 2006. Case Management Conferences With the substitution of Case Management Conferences (CMC) for Status Conferences on the Trial Court Delay Calendar (TCD), litigants will no longer have to file status hearing declarations or at issue memoranda. The CMC's will not require CMC Statements American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, CA to be filed and served. addition, while trial No tentative rulings will be issued. dates will generally be assigned at In an earlier stage than before--at 4 months after the action is filed, rather than at 6 months (deadline for filing at issue memorandum)-the parties will now receive more notice of the trial date (at least 7 months' notice instead of historical 3 to 6 months' notice). If complaints are timely served and appearances timely made, a brief CMC appearance will typically result in the assignment of a trial date and, in many cases, an order of mediation. Plaintiffs are still required to comply with the California Rules of Court requiring service of the complaint within 60 days of filing. Defendants are still expected to file their appearances The court is still obligated to within 30 days of service. enforce the "fast track" timelines contained in the California Rules of Court. If all named parties to the complaint have filed an appearance, the case shall be deemed "at issue," notwithstanding any cross-complaint that is not at issue, and a trial date shall be assigned at the CMC in accordance with Local Rule 2.1.10. Those parties who have filed an appearance but do not appear at the CMC will be deemed to have waived their right to a jury trial. Those parties who have filed an appearance but do not appear Civil Standing Order 06/28/07 -2- American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, CA at the CMC will be deemed to have consented to any orders made at the CMC, including but not limited to: order setting the date for trial, order that case be a nonjury trial, order for mediation, assignment of case to Plan 2 or Plan 3, designation of case as Complex, a discovery or motion scheduling order, dismissal of unserved defendants or cross-defendants. Those parties who have filed an appearance but do not appear at the CMC will be subject to sanctions at an OSC (Order to Show Cause) hearing set by the court. required at the OSC hearing. A personal appearance will be Court staff is authorized to issue an OSC to those parties who have filed an appearance but do not appear at the CMC. If all named parties to the complaint have filed an appearance and no parties appear at the CMC, a one-day, nonjury trial date will be assigned in accordance with Local Rule 2.1.10 and those not appearing at the CMC may be subject to sanctions at an OSC hearing set by the court. A personal appearance will be required at the OSC hearing. Court staff is authorized to issue an OSC to those parties who have filed an appearance but do not appear at the CMC. If all named parties to the complaint have not been served with the summons, complaint and Notice of CMC by plaintiff in accordance with Local Rules 2.1.4 and 2.1.5, and no extension of time to serve to said documents Rule 2.1.6, has been ordered will by be the court to pursuant Local plaintiff subject Civil Standing Order 06/28/07 -3- American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, CA sanctions at an OSC hearing set by the court. Court staff is authorized to issue an OSC to plaintiff(s) for failure to serve all defendants as set out above. If the time for defendant(s) to respond has elapsed and no extension of time to file responsive pleadings has been ordered by the court pursuant to Local Rule 2.1.6, and no request for entry of default and/or default judgment has been filed, plaintiff will be required to appear at an OSC hearing set by the court. Court staff is authorized to issue an OSC to plaintiff(s) for failure to request entry of default and/or default judgment. If a complaint is designated as "uninsured motorist," either prior to or at the CMC, the date for the CMC shall be continued 180 days. (CRC, rule 3.712, subd. (b)). A complaint may be designated as "uninsured motorist" by typing the words "uninsured motorist" on the complaint directly below the title of the document, by filing a declaration, or by the clerk at the CMC upon oral declaration by the plaintiff. Alternative Dispute Resolution All parties must engage in some form of Alternative Dispute Resolution (ADR), such as mediation. This ADR must be completed Failure to do so prior to the Mandatory Settlement Conference. may result in the court imposing sanctions, unless excused by the court upon a timely showing of good cause by written declaration. Civil Standing Order 06/28/07 -4- American LegalNet, Inc. www.FormsWorkflow.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COUNTY OF FRESNO Fresno, CA If all named parties to the complaint have filed an appearance, the parties shall confer prior to the CMC and file an Alternative Dispute Resolution Stipulation, on a form designated by the court, at least ten (10) court days prior to the CMC. Parties who fail to file the ADR Stipulation may be subject to sanctions at an OSC hearing set by the court. Court staff is authorized to issue an OSC to any party that fails to timely file an ADR stipulation. At least ten (10) court days prior to the an by be Mandatory Alternative the court. to Settlement Dispute Parties Conference, the parties on a form ADR shall fil