Legal Question in Civil Litigation in California
if I forgot to file the Case Management Conference statement on time, should I request to delay the CMC or can I just file a late statement? what happens if I don't file any CMC statement?
4 Answers from Attorneys
Just file it. Most times no one notices if this document is late
Nothing bad is likely to happen, but missing court deadlines and violating court rules is a good sign that self-representation is not working well for you. There will be plenty of other deadlines, and the consequences are likely to be more severe than those for the failure to file a CMC statement.
Mr. Stone gave you a VERY good answer. Calendaring litigation deadlines is very complicated. Days are counted different ways for different deadlines. You have to know the difference between "court days" and "days" and "calendar days." You have to know whether you go back to Friday or forward to Monday when a date falls on a weekend. And that's just for starters. I think the last time I calendared a new trial date, it triggered nearly 100 related deadlines. We lawyers use computerized calendaring systems that incorporate the latest updates to the codes and rules, unless we want to put our licenses, homes and life savings at risk, and that's after the malpractice insurer pays policy limits. File the CMC Statement ASAP. It won't be an issue if it's in at least a few days before the CMC. Then find a lawyer before you miss a deadline that really counts.
This is another reason why you should have a lawyer. If your lawyer files something late, the judge sanctions the attorney, instead of you. But you don't have a lawyer, and know of one judge who likes to sanction people that file CMC statements late. You had better get that thing filed and served ASAP, and hope the judge does not raise the issue of it being late.
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