Legal Question in Business Law in California

Re: Case Mgmt Conf

Courts are required to manage their caseloads to move cases forward for reasonably prompt settlement or trial. One of the tools courts use to this end is the case management conference (CMC). The purpose of a CMC is for the parties' attorneys to appear before a judge and acquaint the court with the issues and procedural posture of the case. The parties themselves are usually not present, although they can attend, if they wish. A self-represented party must attend, however.

The usual CMC take 3 to 5 minutes and is conducted on the record, in the courtroom. The judge will ask the attorneys questions about the case, such as "Have all the parties been served?" "Do you anticipate making any motions?" "How long will discover take?" "Do you want a jury trial?" "Would mediation be halpful?"

Nobody is sworn in, no evidence is taken, and the issues are generally not discussed; the CMC deals mainly with procedural issues and scheduling.

Each side must file and serve a Case Management Statement(CMS) (Judicial Council Form CM-110) at least 15 days before the CMC.

Failure to file a timely CMS or to participate in a CMC will usually result in either an immediate saction or issuance of an Order to Show Cause why sanctions should not be imposed. Courts vary in their strictness and will often cut a self-represented party some slack, but usually only once, if at all. Sanctions are usually monetary fines but dismissal of part or all of a party's case may also be thrown out.

CMCs are covered in the California Rules of Court Rule 212 and Code of Civil Procedure sections 575 et seq.