Speaker 1: All right, hi, welcome back, Attorney Steve Vondra, and welcome to another exciting video here. We are talking in this video about the Case Management Conference, and particularly the Form CM-110. Now, this is if you're in California. This is general legal information only. This is not legal advice, so you may have something different in your state that deals with a case management conference, but I'm going to talk about California here. If you're licensed to practice law in California and Arizona, I'm going to tell you about the CM-110 form, okay? So time to time, from time to time in a case, the judge is going to want to bring all the parties together, the plaintiff, the defendant, any co-defendants, and the judge is going to want to find out what's going on here. What's going on in the case? Where are we at? Where are you at in discovery? How long is the trial going to be? What issues are outstanding? Let's get this thing moving here, okay? Because if courts don't keep the cases moving, the pile just goes up and up and up and up, so the case management is one way that the court can get a good gauge on what's going on. So if you have two parties, sometimes two parties can just get together, work this out, and submit it together, but let's take a look at this form. It's pretty basic. You pretty much put in who you are, the attorney or the party. You put in your phone number. Let's put in your phone number. You put in your fax number. You put in your email address. You're the attorney for John Doe, let's say. You put in your case number down here. You put in the court right here. Let's say it's Los Angeles. You put that in there. Whatever your address is, could be San Francisco, San Diego, whatever. You put in who the plaintiff is, you know, Susie Q. Defendant is John Doe. Then you put in whether it's a limited or an unlimited case. Unlimited case is over 25,000. That's most cases. However, some cases can be under 25. You would note that. You put down here the date the case management is scheduled for, just so you have that down. If you intend to appear by phone, you put this down, John Doe attempts to appear by phone. Okay, so you just keep moving on. You can see this doesn't take a lot of time, but you do want to mark your calendar. If you hear the judge say, we're setting a case management statement for February 20th, you want to make sure on February 1st, at least 15 days before, that you're submitting, you're filling out this case management conference, engaging in the meet and confer process that's required. I'll show you that in a second. And you're getting this submitted, filled in, turned into the other parties that serve the other parties and serve the court, bingo. That's all you got to do, okay? So you have your parties, say maybe this statement is submitted by John Doe, or again, the parties, as I mentioned, could work it out together, could be submitting that jointly, okay? Judge wants to know, was the complaint filed? When was it filed? The cross complaint, was that, what date was that filed? Judges just want to be able to look at this, figure everything out, and keep that case moving down the track, all right? So you have service of process. Judge wants to know, was everybody served? The description of the type of case, you can put here, describe it in the cause of action. You've got a nice fillable area to say what you need to say, including the causes of action. And as you can see down here, it's going to carry that over for you, so you don't have to keep repopulating that, which is really nice. Provide a brief statement of the case, okay? So you can provide, you know, doo-doo-doo, here's what happened, negligence, fraud, you know, trademark, you know, whatever you say. So you got to put that in there. If you need more space, now you have a small space here, but if you want, you can check this box and use more, do an attachment, and you can put something like, you know, C, C Exhibit A, okay? You can do something like that. So down here, you need to designate, is this a jury trial, a non-jury trial, meaning a bench trial. So maybe you want to just try your case to the bench, and this can change over the course of a litigation. So you put that down, who's requesting the jury party, pretty easy. Trial date, has a trial date been set? No, lots of times there's not, but it could be. No trial date has been set. This case will be ready for trial within 12 months. If not, explain why, you know, witnesses are out of state or whatever, have problems. So you're just letting the judge know what's going on. How long do you think the trial is going to go? You know, five days, how many hours, those kinds of things. So put down your best information at that point. Who's going to represent the party as a trial? Is it going to be the party here, or are you going to bring in a pinch hitter? Are you going to bring in a, sometimes you can hire a designated trial lawyer to come on in and say, well, this person's going to be handling the case. So coming down here, ADR number 10, court just, and I'll let you read through that if you like, but the court wants to know, have you talked about ADR? ADR is what? Alternative dispute resolution that can include mediation. I'll show you down here. You're letting the judge know if you're agreeing to the arbitrations, the mediations, the settlement conference, neutral evaluation, that's with the judge. So, you know, check the ones that you're willing to agree to, and you may have a mediation already scheduled in that event, just put, we've already got a mediation scheduled, we're trying to get it settled, judge, we're working on it, that kind of thing, okay? And are there any insurance issues? Does anybody have insurance? Are there some kinds of coverage issues? Jurisdiction, this deals with like bankruptcy. If you have a party in bankruptcy, you're letting the judge know, hey, the defendant's in bankruptcy. If the defendant's in bankruptcy, the case could be stayed until the bankruptcy is done, because when somebody files bankruptcy, they get an automatic stay, so that freezes the civil court case. You cannot proceed against a debtor who's in a bankruptcy, okay? But somebody's got to make the court aware of that, so that's what this is for. Are there any related cases in any other courts? If so, let the judge know. So maybe there might be a consolidation of cases that might be appropriate. And what else? Bifurcation. If the parties intend to file a motion order bifurcating the trial, it means splitting it. You know, you may say, we want to split the trial on issues of liability and then issues of judgment or damages, that's bifurcation, you need to let the judge know on this. Number 15, are there any other motions do you plan to file before trial? Is it a motion for summary judgment? Do you plan on filing a motion to amend the complaint, amend the counter complaint, amend the answer? Could be lots of different things. Let the judge know. Discovery. The judge wants to know, where are you guys as far as discovery? The trial, the complaint was filed back in 2017, where are we at? So here you just put down, you know, John Doe, you know, oral depositions, oral depositions, and should be done by, you know, July 2020, whatever. So you're letting the judge know, you know, interrogatories, requests for production, you know, you're letting the judge know where you're at in the process so the judge can make the appropriate orders. Now, like I said, realize the courts want to keep these cases moving because if they don't, cases get filed every day and they just keep piling up. So the judge needs to know what's going on. Any other discovery issues? Number C, with electronic discovery of electronically stored information. If you're having any disputes, any problems, bring that to the court's attention. And you can read the rest here. Excuse me. I'm going to go down to meet and confer. Here is the meet and confer. And again, that's pick up the phone, call the other parties in the action. Is there anything going on? Do we have any issues? I'm trying to fill up my case management statement. Let me know if there's any issues. If so, you can write down sort of the outcome of your meet and confer. If you're attaching extra pages, like I said above, you got 10 extra pages, add those. And then other than that, it's just sign, date, print, bingo. That's a case management form CM110 in California. Again, general legal information only. But as you can see, you can get detailed and the judge really is able to get a really good picture of the case and what's going on and to make the appropriate order. So you will have these from time to time throughout a case, usually three, four, throughout the course of a sort of a, I would just say, just generalizing three or four of these during the course of a case. So they're spread out, but you need to keep your eye on these. Make sure you're always getting your case management statements in. Sometimes, these get continued to a new date, but that's generally what you need to know about the CMC brought to you by Attorney Steve, the first name in legal services, attorneysteve.com. If you need help with civil litigation, hey, who are you going to call? You know. So we got lots of videos. I hope you subscribe. I hope you like this video. Feel free to share it on your networks and make some comments. I'm not allowed to give legal advice online, but go ahead and make some comments. I try to get back to as many as I can. Okay. Have a great Saturday. We will talk to you again. Attorney Steve out. I got to run. Take care.