California

Civil Procedure

Civil Procedure

Rule 3.715 – Case evaluation factors

(a) Time estimate

In applying rule 3.714, the court must estimate the maximum time that will reasonably be required to dispose of each case in a just and effective manner. The court must consider the following factors and any other information the court deems relevant, understanding that no one factor or set of factors will be controlling and that cases may have unique characteristics incapable of precise definition:

(1) Type and subject matter of the action;
(2) Number of causes of action or affirmative defenses alleged;
(3) Number of parties with separate interests;
(4) Number of cross-complaints and the subject matter;
(5) Complexity of issues, including issues of first impression;
(6) Difficulty in identifying, locating, and serving parties;
(7) Nature and extent of discovery anticipated;
(8) Number and location of percipient and expert witnesses;
(9) Estimated length of trial;
(10) Whether some or all issues can be arbitrated or resolved through other alternative dispute resolution processes;
(11) Statutory priority for the issues;
(12) Likelihood of review by writ or appeal;
(13) Amount in controversy and the type of remedy sought, including measures of damages;
(14) Pendency of other actions or proceedings that may affect the case;
(15) Nature and extent of law and motion proceedings anticipated;
(16) Nature and extent of the injuries and damages;
(17) Pendency of underinsured claims; and
(18) Any other factor that would affect the time for disposition of the case.

Cal. R. Ct. 3.715

Rule 3.715 amended and renumbered effective January 1, 2007; adopted as rule 2106 effective July 1, 1991; previously amended and renumbered as rule 210 effective July 1, 2002.