Thursday, July 24, 2014

Limited Civil Case Program

Limited Civil Case Program Description

Pursuant to Local Rule 2.21 limited civil cases are excluded from the Court's civil case management program. It is the Court's expectation that parties will adhere to all timelines pursuant to established Statute, Codes and Rules. However, the Court will not actively monitor limited civil case timelines.

Local Rules relating to the Civil Case Management program (Chapter 2-Part Four-Case Management Program (CMP) are not applicable to limited civil cases.

Law and Motion matters on limited civil cases shall adhere to and proceed pursuant to Local Rule Chapter 2, Part Three-Civil Law and Motion.

Case management conferences will not be held in Limited Civil Cases; therefore, Case Management Statements will not be accepted for filing.

The Court does not require any case status information until such time as the parties deem the case to be at issue. In addition, the following documents/forms will NOT be accepted for filing on limited civil cases:

  • Case Management Statements (Judicial Council Form CM-110)
  • Designation Statements (CV\E-113)
  • Motions to Redesignate
  • Motions for Relief from Project Rules
  • Attorney's Compliance Statements
  • Certification for Short Cause Matters (CV\E-131)
  • Default Judgment Status Statements (CV\E-148
  • Stipulation and Order to Mediation (CV\E-Med-179)
  • Mediation Statement (CV\E-Med-172)
  • Uninsured Motorist Statement (CV\E-132)

Limited Civil Pretrial Calendar

A Limited Civil Pretrial Calendar is available for any non-law and motions matters which require court intervention. See Rules LC-A below. Examples of matters heard on the Limited Civil Pretrial Calendar include the following:

  • Limited Civil Case Status Memorandums/Counters
  • All non-Law and Motion Ex Parte Applications
  • All non-Law and Motion Stipulations
  • Motion to Extend time to Answer/Respond
  • Motion to Extend/Advance Trial Setting Process
  • Motion for Reclassification
  • Motion to Continue Trial/Vacate Trial Date

Limited Civil Case Status Memorandum

When all parties have answered and/or been dismissed AND the relevant documents have been processed by the Court, the case is at-issue, and a Limited Civil Case Status Memorandum (CV\E-202) shall be filed with the Court. Opposing counsel has 20 days to file a Limited Civil Case Status Memorandum (CV\E-202) indicating any objections. Opposing counsel shall mark the box "Counter Case Status Memorandum" on the form. Limited Civil Status Memorandums shall be served on all parties or their counsel of record unless otherwise directed by the court. The Court may set a hearing in the Limited Civil Pretrial department to determine disputed matters.

Alternative Dispute Resolution

A limited civil case shall participate in alternative dispute resolution by one of the following:

  • When plaintiff elects to refer to judicial arbitration. A written election by plaintiff to submit an action or proceeding to arbitration shall be filed using the Court''s local form, Limited Civil Case Status Memorandum (CV\E-202).
  • All parties stipulate to arbitration or mediation. A stipulation for arbitration/mediation shall be filed using the Court's local form, Stipulation and Order to Arbitration/Mediation Limited Civil Cases (CV\E-203). This form MUST be filed with or subsequent to a Limited Civil Case Status Memorandum.
  • Parties may select and conduct voluntary private mediation without notification to the Court.

Trial Setting

All trials on limited civil cases shall be set pursuant to the filing of a Limited Civil Case Status Memorandum. Short cause civil cases will be set for trial in Department 47 at 8:30 a.m. on Fridays. All long-cause limited civil cases will be referred to the Court's Trial Setting Process .