California

Civil Procedure

Civil Procedure

Rule 3.402 – Complex case counterdesignations

(a) Noncomplex counterdesignation

If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.

(b) Complex counterdesignation

A defendant may file and serve no later than its first appearance a counter Civil Case CoverSheet (form CM-010) designating the action as a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.

(c) Joint complex designation

A defendant may join the plaintiff in designating an action as a complex case.

Cal. R. Ct. 3.402

Rule 3.402 amended and renumbered effective January 1, 2007; adopted as rule 1811 effective January 1, 2000; previously amended effective July 1, 2004.