After commencing civil litigation in California, the trial court typically notices a case management conference.  Your lawyer will inform you about setting of the conference and inform you that they will attend the proceeding.  In the event that you have served the other parties and they have appeared in the action, they, or their counsel, will also likely attend the conference.  Unless you are experienced with trial, you likely lack any understanding as to what a case management conference is.  You also likely have several questions about the upcoming proceeding.  What happens during the case management conference?  Must I attend the case management conference?  Is the case management conference the trial?  This article provides a concise overview of case management conferences in California civil litigation.

What is a Case Management Conference?

In California civil litigation, a case management conference is a court proceeding wherein the court reviews the case with the parties, or their counsel.  Each case can have multiple conferences.  At each conference, the court determines whether to assign the case to an alternative dispute resolution process or set the case for trial.  The court may also consider any other matters identified by the California Rules of Court, Rules 3.727 and 3.728.  Rule 3.727 provides for the following subjects to be considered at the case management conference:

  • Whether there are any related cases;
  • Whether all parties named in the complaint or cross-complaint have been served, have appeared, or have been dismissed;
  • Whether any additional parties may be added or the pleadings may be amended;
  • Whether, if the case is a limited civil case, the economic litigation procedures under Code of Civil Procedure section 90 et seq. will apply to it or the party intends to bring a motion to exempt the case from these procedures;
  • Whether any other matters (e.g., the bankruptcy of a party) may affect the court’s jurisdiction or processing of the case;
  • Whether the parties have stipulated to, or the case should be referred to, judicial arbitration in courts having a judicial arbitration program or to any other form of alternative dispute resolution (ADR) process and, if so, the date by which the judicial arbitration or other ADR process must be completed;
  • Whether an early settlement conference should be scheduled and, if so, on what date;
  • Whether discovery has been completed and, if not, the date by which it will be completed;
  • What discovery issues are anticipated;
  • Whether the case should be bifurcated or a hearing should be set for a motion to bifurcate under Code of Civil Procedure section 598;
  • Whether there are any cross-complaints that are not ready to be set for trial and, if so, whether they should be severed;
  • Whether the case is entitled to any statutory preference and, if so, the statute granting the preference;
  • Whether a jury trial is demanded, and, if so, the identity of each party requesting a jury trial;
  • If the trial date has not been previously set, the date by which the case will be ready for trial and the available trial dates;
  • The estimated length of trial;
  • The nature of the injuries;
  • The amount of damages, including any special or punitive damages;
  • Any additional relief sought;
  • Whether there are any insurance coverage issues that may affect the resolution of the case; and
  • Any other matters that should be considered by the court or addressed in its case management order.

Rule 3.728 provides for the following matters to be considered in the court’s order pertaining to the case management conference:

  • Referral of the case to judicial arbitration or other alternative dispute resolution process;
  • A date for completion of the judicial arbitration process or other alternative dispute resolution process if the case has been referred to such a process;
  • In the event that a trial date has not previously been set, a date certain for trial if the case is ready to be set for trial;
  • Whether the trial will be a jury trial or a nonjury trial;
  • The identity of each party demanding a jury trial;
  • The estimated length of trial;
  • Whether all parties necessary to the disposition of the case have been served or have appeared;
  • The dismissal or severance of unserved or not-appearing defendants from the action;
  • The names and addresses of the attorneys who will try the case;
  • The date, time, and place for a mandatory settlement conference as provided in rule 3.1380;
  • The date, time, and place for the final case management conference before trial if such a conference is required by the court or the judge assigned to the case;
  • The date, time, and place of any further case management conferences or review; and
  • Any additional orders that may be appropriate, including orders on matters listed in rules 3.724 and 3.727.

These conferences help keep a case from drifting without direction. Through periodic review and appropriate orders, the court can address obstacles, coordinate the remaining proceedings, and keep the parties focused on resolving the dispute by way of settlement or trial.

Is the Case Management Conference the Same as a Trial?

No, the case management conference is not the same as a trial.  It is not a trial.  A trial is a formal court proceeding in which opposing parties present evidence and arguments to a judge or jury, who decides the disputed issues and whether relief should be awarded.  A case management conference is a comprehensive review of the case at the prelitigation stage to coordinate an efficient route to trial or settlement.

The jury is not present at the case management conference.  The judge makes no evidentiary determination as the case management conference.  At the first case management conference, it is unlikely that the parties even have all of the evidence in their possession.

Do I Have to Attend the Case Management Conference?

Your attendance at a case management conference is not necessary if your attorney attends on your behalf.

If I Choose To Attend the Case Management Conference, Can I Attend the Case Management Conference Remotely?

Yes, in most trial courts throughout California, you may attend remotely, usually via either telephone or Zoom.

What Should I Wear to the Case Management Conference?

If you choose to attend the case management conference, you are encouraged to dress in business casual attire, even when you attend remotely.

If I Choose To Attend the Case Management Conference, Can I Bring Someone For Support?

Yes, but they should remain silent for the entirety of the case management conference.

If I Choose To Attend the Case Management Conference, Will The Judge Talk to Me?

If you have counsel, it is unlikely the judge will talk to you if you choose to attend the case management conference.  If you do not have counsel, you will have to talk to the judge and the Defendant or their counsel.

Similarly, defense counsel should not question you.  In the event they attempt to question you, your attorney should request that the judge demand that they cease.  If they do not cease, their uncivil conduct becomes harassment.

Do I Have to Prepare for a Case Management Conference?

Your attorney should perform most of the preparation work for the case management conference.  But, they will likely ask for your assistance as they prepare.  To prepare for a case management conference, you should anticipate providing the following information to your counsel:

  • Your availability and unavailability for the year following the case management conference.
  • Your witness’ availability and unavailability for the year following the case management conference.
  • All documents and other evidence that you have yet to provide to your counsel.
  • Inform your counsel of anything you think may be harmful or detrimental to you or your case at trial.
  • Whether you know of anyone else already engaging in or contemplating commencing litigation against any Defendant in this case.
  • In the event any defendant has yet to be served or appear in the case, why you think that may be the case.
  • Whether any exigent circumstances necessitating conducting discovery (taking depositions, for instance) or setting trial on an expedited timeframe.
  • Whether you possess any credible information as to any defendant’s financial status.
  • Your attorney will prepare a Case Management Statement about 15 days ahead of the Case Management Conference.  To facilitate the filing of an accurate Case Management Statement, you should be prepared to review and propose edits to the Case Management Statement in a timely manner upon your counsel’s request.

How Long Do Case Management Conferences Typically Last?

Although no case management conferences are alike, they typically only last about five (5) minutes.  However, courts tend to hear groups of cases together, and your attorney may be required to wait much longer – sometimes over an hour – for your case to be heard.  However, it is vital to note that brevity does signal unimportance.  The case management conference is consequential.  It is a proceeding before the court.

What Happens After A Case Management Conference?

At the conclusion of the case management conference, the judge makes a standing order setting forth the rulings arrived upon during the case management conference.  Typically, these include setting trial, referring the case to ADR or a mandatory settlement conference, setting a subsequent case management conference, and addressing any other matter raised by the party or parties during the case management conference.  Shortly thereafter, the trial court issues a case management order setting forth the rulings in writing.  The parties must comply with the case management order as they continue litigating their case.

Although a case management conference may be brief, it is an important step toward resolving your case. It gives the court and counsel an opportunity to assess the case’s progress, address obstacles, and establish what happens next. For you, the practical takeaway is straightforward: stay in communication with your attorney, provide the information they need, and understand how the court’s orders affect your responsibilities and the anticipated course of your case. Knowing what to expect can make an unfamiliar proceeding feel more manageable and help you participate confidently in the litigation process.