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local civil rule 1

CIVIL RULE 1: DIFFERENTIAL CIVIL CASE MANAGEMENT SYSTEM

A. OVERVIEW

(1) PURPOSE

The purpose of the Differential Civil Case Management System is to ensure that, from the commencement of litigation to its resolution, whether by trial or settlement, any elapsed time other than reasonably required for pleadings, discovery and court events is unacceptable and should be eliminated. To enable the just and efficient resolution of cases, the Court, and not the lawyers or litigants, should control the pace of litigation. The Court is strongly committed to reducing delay, and once achieved, maintaining a current docket.

(2) APPLICATION

The differential civil case management system applies to all general civil cases as defined in CRC1 1.6(4), including limited and unlimited civil cases.

(Eff. 7/01/07)

(3) INCORPORATION OF STATE STATUTES AND RULES

The Trial Court Delay Reduction Act (Gov. Code 68600 et seq.), California Rules of Court, Titles 1, 2, and 3, and the Standards of Judicial Administration, Standards 2.1 and 2.2, are incorporated into these rules.

(Eff. 7/01/07)

(4) PRESUMPTION

When a general civil case is filed, it is presumed to be subject to the disposition goal under case management plan 1, as defined in CRC 3.714(b).

(Eff. 7/01/07)

B. CASE MANAGEMENT JUDGES

General civil cases are managed by case management judges designated by the Presiding Judge. When a general civil case is filed, it is assigned to a case management judge. The case management judge may thereafter assign the case to another judge or judicial officer for any purpose. In accordance with California Rule of Court 3.1546, the Presiding Judge or designee will assign a judicial officer to conduct expedited jury trials. Pursuant to that assignment, case management judges may thereafter transfer to the assigned judicial officer a case in which the parties request to participate in an expedited jury trial.

(Eff. 7/01/11)

C. CASES INVOLVING EMPLOYEES

If a court employee or deputy sheriff working at a courthouse, or a member of his or her family, is a party to a case, the clerk or Supervising Judge of the Civil Division shall transfer the case to the South County Courthouse, unless the location is specified by statute, including Civil Code § 1812.10 and § 2984.4 and Code of Civil Procedure § 392 and § 395.

(Eff. 1/01/11)

D. PROPER COURTHOUSE FOR FILING A GENERAL CIVIL CASE

(1) All unlimited civil cases must be filed in the Downtown Superior Court.

(2) All limited civil cases must be filed in the Downtown Superior Court or the South County Courthouse, subject to the following rules:

a. A tort case may be filed in the South County Courthouse if at least one defendant resides at a Gilroy, Morgan Hill, or San Martin address, or the injury or damage occurred in Gilroy, Morgan Hill, San Martin or a surrounding unincorporated area within Santa Clara County.

b. A contract case may be filed in the South County Courthouse if at least one defendant resides at a Gilroy, Morgan Hill or San Martin address, or the contract was entered into or to be performed in Gilroy, Morgan Hill, San Martin, or a surrounding unincorporated area within Santa Clara County.

c. Other types of cases may be filed in the South County Courthouse if at least one defendant resides at a Gilroy, Morgan Hill or San Martin address or the case requires a determination of a right in land that has a Gilroy, Morgan Hill or San Martin address.

d. Upon the noticed motion of a party, or the Court’s own motion, for good cause shown, a limited civil case may be transferred from the Downtown Superior Court to the South County Courthouse or vice versa.

E. CIVIL LAWSUIT NOTICE

(1) When the complaint or other initial pleading is filed, the Clerk of the Court completes the Civil Lawsuit Notice, in all cases except those designated as CRC "Rule 3.740 collections." (See attached form CV-5012.) The Civil Lawsuit Notice assigns the case to a case management judge and schedules the first Case Management Conference before the case management judge or the ADR Administrator. The party who filed the initial pleading must serve a copy of the Civil Lawsuit Notice on all other parties named in the pleading. A party who subsequently files a pleading that adds a new party must serve a copy of the Notice to Litigants on all new parties. Service of the Civil Lawsuit Notice must be done at the same time as service of the pleading. When the Civil Lawsuit Notice is served, it must reflect the most up-to-date information available concerning the date, time and location of the next Case Management Conference. Therefore, the party serving the Notice must complete the information on the next Case Management Conference if the first Case Management Conference was continued or has passed.

(Eff. 7/01/08)

(2) CRC Rule 3.740 Collections Cases. The plaintiff may designate a case as a CRC "Rule 3.740 collections" case by filing a Civil Case Cover Sheet with the box "Rule 3.740 collections" checked. When the complaint is filed, the Clerk of the Court completes a Civil Lawsuit Notice - Rule 3.740 Collections Cases. (See attached local form CV-5052 .) The plaintiff must serve a copy of the Civil Lawsuit Notices - Rule 3.740 Collections Cases on all defendants. A party who subsequently files a pleading that adds a new party must serve a copy of the Lawsuit Notice - Rule 3.740 Collections Cases on all new parties.

(Eff. 7/01/08)

(3) When a case is filed alleging violation of the California Environmental Quality Act, the plaintiff shall state in the caption of the complaint, directly below the title of the complaint: ACTION BASED ON CALIFORNIA ENVIRONMENTAL QUALITY ACT.

(Eff. 7/01/12)

F. MANDATORY CASE MANAGEMENT CONFERENCES

(1) DEFINITION

The term “Case Management Conference” includes the first Case Management Conference, subsequent Case Management Conferences, ADR Status Conferences, Trial Setting Conferences, Dismissal Reviews, and any other conference scheduled by the Court.

(Eff. 1/01/04)

(2) DATE OF FIRST CASE MANAGEMENT CONFERENCE

  1. In all cases, except those designated as "uninsured motorist" and "Rule 3.740 collections," the Clerk of the Court will schedule the first Case Management Conference approximately 120 days from the date of filing the complaint.

(Eff. 7/01/08)

  1. "Uninsured motorist" cases

The plaintiff may designate a case as an “uninsured motorist case” by filing and serving a declaration demonstrating that the designation is appropriate. If the declaration is filed with the complaint, the Clerk of the Court will schedule the first Case Management Conference approximately 180 days from the date of filing of the complaint. If the plaintiff files the declaration at a later time, the Case Management Conference will not be continued unless the plaintiff applies for a continuance.

(Eff. 7/01/04)

(3) REQUEST TO CHANGE CASE MANAGEMENT CONFERENCE DATE

Pursuant to written stipulation of all parties, the Court may advance a Case Management Conference. Upon timely application and a showing of good cause, the Court may continue a Case Management Conference. If the Court continues a conference, the party who applied for the continuance must serve notice upon all parties who were served with a copy of the Civil Lawsuit Notice.

    (Eff. 7/01/04)

(4) MANDATORY ATTENDANCE

Attendance at all CMCs is mandatory unless otherwise excused by the Court.

(Eff. 1/01/06)
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1All references to CRC refer to the California Rules of Court

 


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