CALIFORNIA CIVIL LITIGATION TRIALSETTING PROCEDURES 2005 by Thomson

CALIFORNIA CIVIL LITIGATION TRIAL-SETTING PROCEDURES © 2005 by Thomson Delmar Learning. All Rights Reserved. 1

STATE COURT TRIAL SETTING Direct calendar systems: set by trial judge. Master calendar systems: set by case management judge. 2

PREFERENCE Granted by court order to speed cases to trial: ¨injunctions, declaratory relief ¨aged party in ill health ¨other circumstances 3

PREFERENCE MOTIONS Must include: ¨Case management statement with details ¨Supporting declaration of counsel 4

MANDATORY SETTLEMENT CONFERENCES (MSCs) Required in state court: ¨About three weeks before trial ¨With non-trial judge ¨All parties file statements ¨Parties present with settlement authority ¨Settlements put on record 5

CCP § 998 OFFERS Offers judgment on specific terms ¨Served anytime, minimum 10 days before trial ¨If accepted, no trial ¨If rejected, respondent may pay costs if less successful than offer 6

PARTIAL SETTLEMENTS Motion for court order ¨that settlement is in good faith ¨to protect from claims of other defendants 7

FEDERAL COURT TRIAL SETTING Set by trial judge 8

FEDERAL COURT TRIAL SETTING Set by trial judge at status conference 9

PRETRIAL CONFERENCE Inform trial judge about: ¨status of discovery ¨issues/disputes ¨settlement progress ¨trial preparation 10

DEMAND TO ENTER JUDGMENT ¨ Minimum 10 days before trial ¨ Expires in 10 days ¨ Only to defendant by plaintiff ¨ If rejected, costs awarded if judgment more than offered 11

SUMMARY Trial Setting, Settlements, § 998 PREVIEW Arbitration, ADR 12