Superior Court of California County of San Benito County

Local Rules of Court -July 1, 2008

CHAPTER 3
EXPEDITED CIVIL TRACK MANAGEMENT SYSTEM (ECT)

These ECT rules are intended to implement the Trial Court Delay Reduction Act (Government Code section 68600 et seq.) and to bring general civil actions to disposition by trial, settlement, or other means as expeditiously as possible and within reasonable guidelines established by the court. These ECT rules apply to all general civil cases filed after the effective date of this rule. General civil cases filed prior to the effective date of this rule are subject to the provisions set forth in Local Rule 4.

No action or proceeding may be removed from the process set forth in this chapter because of a challenge filed under Code of Civil Procedure section 170.6.

(Eff. 7/1/99) (Rev. 7/1/08)

“General Civil Cases means all civil cases except probate, guardianship, conservatorship, juvenile, and family law proceedings (including proceedings under divisions 6-9 of the Family Code, Uniform Parentage Act, Domestic Violence Prevention Act, and Uniform Interstate Family Support Act; freedom from parental custody and control proceedings; and adoption proceedings), small claims proceedings, unlawful detainer proceedings, and petitions to prevent civil harassment, elder abuse, and workplace violence; petitions for name change; election contest petitions; and petitions for relief from late claims.

(Eff. 7/1/99) (Rev. 7/1/08)

The court adopts the case disposition time standards as set forth in Standards of Judicial Administration, standards 2.1 and 2.2 and the Economic Litigation Act. It is the policy of the court to strive to meet these time standards from the filing of the initial pleading to disposition of general civil casesin the following manner: 90% within 12 months, 98% within 18 months, and 100% within 24 months.

+60		Summons and complaint must be served no later than 60 calendar days after the filing of the complaint. Except as otherwise provided by law, the court may extend any time requirements for service of process and return of summons upon a showing of good cause by the litigant.
+90		Responsive pleadings will be served upon each party entitled to service no later than 30 calendar days after service of the complaint or the cross-complaint
	+105	upon each party, unless an extension, not exceeding 15 calendar days, is obtained by stipulation of all parties of by order of the court granting the responding party's motion for relief from the time limit.
+120		Cross-complaint(s) must be served within 30 calendar days of filing responsive pleading(s), [except that a cross-complaint against new parties must be
	+135	served within 15 days of filing the responsive pleading(s)].
+150		Filing and service of response(s) must be made within 30 calendar days of service
	+165	of the cross-complaint(s).
+120	.	Case management conference (CMC) is set approximately 120 calendar days after the filing of the initial pleading.

(a)	Notice of Inclusion : At the time of filing the initial pleading, the clerk will prepare a notice of inclusion which contains dates in accordance with the rules prescribed herein. This form must be served with the complaintand a copy with proofs of service filed in the case.
(b)	Case Management Statement: Each party must file and serve a case management statement on the other parties no later than 15 calendar days before the CMC. A case management statement must contain the following information, whether or not a Judicial Council form is used:
	1.	The names, addresses, phone and fax numbers of all attorneys of record and whom they represent;
	2.	A brief outline of the nature of the case;
	3.	The estimated court time to dispose of the case, including separate estimates of time for motions and trial;
	4.	The estimate date the case will be ready for trial and whether or not a jury trial is demanded;
	5.	The efforts made at settlement , what issue(s) remains in dispute and whether further settlement conferences would be productive;
	6.	The status of discovery and if not completed, what type of discovery remains and date it is scheduled to be completed;
	7.	A statement specifying the date, time spent and results of the meet and confer required by local rule 3.4(b);
	8.	A statement indicating whether or not the case is suitable for judicial arbitration or alternative dispute resolution and reasons therefor;
	9.	The trial attorney‘s availability calendar for the 4th, 5th, and 6th months following the month in which the CMC is heard;
	10.	Proof of service that the case management statement was served upon all necessary parties; and
	11.	Other information pertinent to the court's ECT.
(c)	Meet and Confer : Prior to the filing of the case management statement, parties must meet and confer in person or by telephone regarding the case. The results of this meet and confer must be summarized and included in the case management statement.
(d)	Case Management Conferences (CMC):
	1)	Calendaring: The CMC will be calendared as provided in the notice of inclusion (see Local Rule 3.4(a)) or to an earlier date if the parties sign a stipulation requesting such date. Counsel for each party and each self-represented party must participate in the CMC either by appearing in person or by telephone. Telephonic appearances are permitted, unless otherwise ordered or directed by the court.
	2)	Participation: Each party shall be fully prepared to discuss the following at the CMC:
		A.	All items addressed in the case management statements.
		B.	Any other matters that would achieve the interests of justice and the timely disposition of the case.

	3)	Continuances:
		A.	By Stipulation: Parties requesting an initial continuance must submit a stipulation signed by all parties and a declaration stating the reason for the request. The clerk must receive this request as soon as possible, but no later than the court day before the scheduled CMC . The stipulation must include the date of the rescheduled CMC, which should be no later than 30 calendar days after the initial CMC was set. Any further continuances may only be granted upon filing of a proper motion and order of the court.
		B.	Without Stipulation: Parties requesting a non-stipulated continuance must file a noticed motion and set a hearing date prior to the scheduled CMC. A declaration and proof of service must support the motion. The motion will be granted upon a finding of good cause.
	4)	Orders: To achieve expeditious resolution of these matters, the court must evaluate each case, take appropriate actions, and make necessary orders. Such actions or orders may include:
		A.	Designating the case as an “uninsured motorist” case pursuant to CRC 3.712.
		B.	Designating the case as exempt from differential case management by reason of exceptional circumstances pursuant to CRC 3.714(c), in which case there will be established a case progression plan and a procedure to monitor case progression in order to assure disposition within 3 years.
		C.	Consolidating cases.
		D.	Referring the case to judicial arbitration, subject to Government Code Section 68616(g). The court will accept stipulations to refer a case to arbitration earlier than as set forth in that code section.
		E.	The Court will accept stipulations to refer a case to arbitration earlier than as set forth in said code section. Setting the case for trial and mandatory settlement conference.
		F.	Continuing the case for further CMC .
		G.	Severing or bifurcating causes of actions or issues.
		H.	Setting discovery schedules.
		I.	Setting a date for a special settlement conference.
		J.	Dismissing the action in whole or in part.
		K.	Assigning the case, upon stipulation, to ADR.
		L.	Determining whether the case is one in which a right to a jury trial is available.

Motions for relief from any of the provisions of this chapter must be brought before the judge. Any relief motion must be signed by (i) the attorney, if any, and (ii) the moving party, except for good cause shown by declaration under penalty of perjury of the attorney, which declaration sets forth facts establishing the unavailability of the moving party. If the judge or his or her designee grants a motion for relief from time limits, the matter will be reset on a specific date at the time the motion is granted. Motions for relief from time limits set forth in this chapter will be made and may be granted only upon a showing of good cause.

Notwithstanding these ECT rules, any party may file a motion on the law and motion calendar. The CMC calendar is not a law and motion calendar.