Legal Question in Civil Litigation in California
I'm being sued in a civil case. I've filed my case management statement while the plaintiff did not. Will the case be dropped if the plaintiff doesn't file on time?
2 Answers from Attorneys
Almost certainly not. While most judges will ask a party why they did not file a case management statement, most will not punish a party for failing to file one. I have seen some courts demand that a case management statement be filed after the case management conference, and give a deadline to do so, after which time the party and/or attorney might be monetarily sanctioned for failing to file the CMC statement. Otherwise, an apology for failing to file usually gets the party or attorney off "scott-free."
Ms. Darrow is exactly correct. Failing to file a CMC statement is rarely punished at all beyond a reprimand. WORST case is a modest fine.