Legal Question in Civil Litigation in California
Do you know if a defendant must also file a case management statement before appearing at a management conference?
3 Answers from Attorneys
She does if she has been properly served and/or has appeared in the case.
Not only file it, but serve it by mail on all other appearing parties. It's not too complicated. You can find the blank Case Management Statement form on the Judicial Council website. This should be done at least 15 calendar days before the case management conference.
A defendant does not have to appear at a Case Management Conference if he or she has not been served and has not appeared. Case Mangement Conferences are not to be held within 30 days after service of responsive pleadings or expiration of a stipulated continuance. (Gov't Code, sect. 68616 subd. (e).)
If the defendant has not been served, the court should be setting OSC's regarding service of the summons and complaint.
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