California

Civil Procedure

Civil Procedure

Rule 3.2226 – Initial case management conference

(a) Timing of conference

The court should hold an initial case management conference within 30 days of the filing of the petition or complaint.

(b) Notice

Petitioner must provide notice of the case management conference to respondent, real party in interest, and any responsible agency or party to the action who has been served before the case management conference, within one court day of receiving notice from the court or at time of service of the petition or complaint, whichever is later.

(c) Subjects for consideration

At the conference, the court should consider the following subjects:

(1) Whether all parties named in the petition or complaint have been served;
(2) Whether a list of responsible agencies has been provided, and notice provided to each;
(3) Whether all responsive pleadings have been filed, and if not, when they must be filed, and whether any hearing is required to address them;
(4) Whether severance, bifurcation, or consolidation with other actions is desirable, and if so, a relevant briefing schedule;
(5) Whether to appoint a liaison or lead counsel, and either a briefing schedule on this issue or the actual appointment of counsel;
(6) Whether the administrative record has been certified and served on all parties, whether there are any issues with it, and whether the court wants to receive a paper copy;
(7) Whether the parties anticipate any motions before the hearing on the merits concerning discovery, injunctions, or other matters, and if so, a briefing schedule for these motions;
(8) What issues the parties intend to raise in their briefs on the merits, and whether any limitation of issues to be briefed and argued is appropriate;
(9) Whether a schedule for briefs on the merits different from the schedule provided in these rules is appropriate;
(10) Whether the submission of joint briefs on the merits is appropriate, and the page limitations on all briefs, whether aggregate per side or per brief;
(11) When the hearing on the merits of the petition will be held, and the amount of time appropriate for it;
(12) The potential for settlement, and whether a schedule for settlement conferences or alternative dispute resolution should be set;
(13) Any stipulations between the parties;
(14) Whether a further case management conference should be set; and
(15) Any other matters that the court finds appropriate.
(d) Joint case management conference statements

At least three court days before the case management conference, petitioner and all parties that have been served with the petition must serve and file a joint case management conference statement that addresses the issues identified in (c) and any other pertinent issues.

(e) Preparation for the conference

At the conference, lead counsel for each party and each self-represented party must appear by telephone or personally, must be familiar with the case, and must be prepared to discuss and commit to the party’s position on the issues listed in (c).

Cal. R. Ct. 3.2226

Rule 3.2226 adopted effective July 1, 2014.