© 2005 by Thomson Delmar Learning. All Rights Reserved.1 CALIFORNIA CIVIL LITIGATION TRIAL-SETTING PROCEDURES

2 STATE COURT TRIAL SETTING Direct calendar systems: set by trial judge. Master calendar systems: set by case management judge.

3 PREFERENCE Granted by court order to speed cases to trial:  injunctions, declaratory relief  aged party in ill health  other circumstances

4 PREFERENCE MOTIONS Must include:  Case management statement with details  Supporting declaration of counsel

5 MANDATORY SETTLEMENT CONFERENCES (MSCs) Required in state court:  About three weeks before trial  With non-trial judge  All parties file statements  Parties present with settlement authority  Settlements put on record

6 CCP §998 OFFERS Offers judgment on specific terms  Served anytime, minimum 10 days before trial  If accepted, no trial  If rejected, respondent may pay costs if less successful than offer

7 PARTIAL SETTLEMENTS Motion for court order  that settlement is in good faith  to protect from claims of other defendants

8 FEDERAL COURT TRIAL SETTING Set by trial judge

9 FEDERAL COURT TRIAL SETTING Set by trial judge at status conference

10 PRETRIAL CONFERENCE Inform trial judge about:  status of discovery  issues/disputes  settlement progress  trial preparation

11 DEMAND TO ENTER JUDGMENT  Minimum 10 days before trial  Expires in 10 days  Only to defendant by plaintiff  If rejected, costs awarded if judgment more than offered

12 SUMMARY Trial Setting, Settlements, §998 PREVIEW Arbitration, ADR