California

Civil Procedure

Rule 3.729 – Setting the trial date

In setting a case for trial, the court, at the initial case management conference or at any other proceeding at which the case is set for trial, must consider all the facts and circumstances that are relevant. These may include:

(1) The type and subject matter of the action to be tried;

(2) Whether the case has statutory priority;

(3) The number of causes of action, cross-actions, and affirmative defenses that will be tried;

(4) Whether any significant amendments to the pleadings have been made recently or are likely to be made before trial;

(5) Whether the plaintiff intends to bring a motion to amend the complaint to seek punitive damages under Code of Civil Procedure section 425.13;

(6) The number of parties with separate interests who will be involved in the trial;

(7) The complexity of the issues to be tried, including issues of first impression:,

(8) Any difficulties in identifying, locating, or serving parties;

(9) Whether all parties have been served and, if so, the date by which they were served;

(10) Whether all parties have appeared in the action and, if so, the date by which they appeared;

(11) How long the attorneys who will try the case have been involved in the action;

(12) The trial date or dates proposed by the parties and their attorneys;

(13) The professional and personal schedules of the parties and their attorneys, including any conflicts with previously assigned trial dates or other significant events;

(14) The amount of discovery, if any, that remains to be conducted in the case;

(15) The nature and extent of law and motion proceedings anticipated, including whether any motions for summary judgment will be filed;

(16) Whether any other actions or proceedings that are pending may affect the case;

(17) The amount in controversy and the type of remedy sought;

(18) The nature and extent of the injuries or damages, including whether these are ready for determination;

(19) The court’s trial calendar, including the pendency of other trial dates;

(20) Whether thie trial will be a jury or a nonjury trial;

(21) The anticipated length of trial;

(22) The number, availability, and locations of witnesses, including witnesses who reside outside the county, state, or country;

(23) Whether there have been any previous continuances of the trial or delays in setting the case for trial;

(24) The achievement of a fair, timely, and efficient disposition of the case; and

(25) Any other factor that would significantly affect the determination of the appropriate date of trial.

Cal. R. Ct. 3.729

Rule 3.729 adopted effective January 1, 2007.

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