Legal Question in Civil Litigation in California
case management conference procedure
I am being sued by a previous partner, I do not have the money for an attorney, so I am doing it myself, I am not sure about the case management conference procedure, I think I have to fill out a questionnaire, and that I have to turn it in 14 days before the conference date, but what else do they have to see, such as notorized letters, from people that would testify on my behalf, there are 6 different counts against me for unlimited amounts, which are all lies, do I have to turn in my proof of the lies, such as he said we were a limited partnership, and I got a letter from the secretary of state stating we were never a legal limited partnership. Thank You Jackie
4 Answers from Attorneys
Re: case management conference procedure
The case management conference (CMC) is not where you prove your case, so you need not bring your evidence with you. Each side learns about the other's evidence through discovery, which is a separate aspect of civil procedure.
There is indeed a questionnaire you must file before the CMC. It is called a Case Management Statement and is available on the Judicial Council website, where it is listed as Form CM-110.
As you will see when you look at the form, it really does focus only on issues of case management such as when the parties and attorneys will be available for trial, what motions the court should expect, etc. You will be expected to discuss your answers with opposing counsel before you file the form, and you may be able to file a single, joint CMC statement if you generally agree about the answers.
My suggestion is that you download the form and take a lok at it. You will have a much better idea what you need to do once you have reviewed the form.
Re: case management conference procedure
You can download a copy of the form here:
http://www.courtinfo.ca.gov/forms/documents/cm110.pdf
It must be filed and served on the other side at leat 15 days before the hearing.
Re: case management conference procedure
While the other attorneys are correct in advising you to fill out and serve and file a case management conference statement, and that the judge at the CMC is only interested in hearing about when you will be ready for trial, and that no evidence will be heard at the CMC, your question indicates you are in way over your head and you urgently need help in preparing your case, for example in conducting discovery. Suggest you find someone who knows. Or read or purchase the gray 3-volume loose leaf book, "California Civil Procedure Before Trial," published by the Rutter Group of Encino, CA, which is behind the counter at every courthouse and law school law library -- it will tell you everything you need to know about CMCs and any number of other topics.
Re: case management conference procedure
Just fill out the form Case Management Statement. You can download it off the court's website or the judicial council site. You don't need to tell the judge anything about your witnesses or evidence. The judge is only interested in the pace of the case and when it will be ready for trial.