California Civil Litigation Timeline

SE California Civil Litigation Timeline LAW OFFICES OF (Getting to trial may take 1-2 years or longer) Five Year Rule. An action shall be brought to trial within five years after the action is commenced against the defendant. [CCP $583.310] STEVEN A. ELIA A PROFESSIONAL CORPORATION (619) 444-2244 FILED D00 MAA 24 15 Lawsuit Filed Complaint Served- the parties may mediate at any time Trial In San Diego, the trial date on a civil matter is typically on a Friday, known as "Trial Call." Your actual tri al may commence the following Monday A lawsuit is called a "Complaint" A Within 60 days ICRC 53.11 01 Mediation Time limits for filing claims in Califomia vary depending on the nature of the claim For example, a person injured in an auto accident has two years from the date of the accident in which to file suit. If you feel like you have a poten tial claim, you should immediately contact an attorney to ensure that you tand limits in which you can file your olaim FILED FILED Approximat ely 80% of cáses resolve through Mediation (the parti es are free to mediate at any time) MAR 015 MAA 242016 Case Management Statement (CMS) Case Management Conference (CMC) Defendant files Responsive Pleading-Either Answer or Demurrer and/or Motion to Strike Motion Discovery Cutoff • Judge may set dates: Trial Date, Trial Readiness Conference Date, First &Second Exchange of Experts, Law & Motion Discovery Cut off • Jury fees must be posted by the party requesti ng ajury trial Must be filed 15 days prior d to the initial CMC date O Discovery closes 30 A days before trial, or 15 O before arbitration. Discovery motions must be heard no less than 15 days before trial. ICCP 52024.020I A Defendant has 30 days to file OaResponsive Pleading ICCP 5412.201 Trial Readiness Conference (TRC) · An Answer typically denies the allegations and lists affirmative defenses A Demurrer challenges defects in the complaint Al • Judge may or der the parties to go to Mediation Typically set by judge ot CMC. Oocurs about 2-3 A Motion to Strike requests the removal of inappropriate all egations or improper items in the complaint weeks before the trial. Parties must file a TRC Report (?2 Discovery Phase Discovery lasts from 8-10 mont he. Discovery oloses 30 days before trial Discovery is general- ly a lengthy process where the parties exchange information to evaluate the merits of the case ?? Discovery May Start Written Discovery Deposition(s) of Parties & Witnesses Expert Demand Expert Deposition(s) · Form Interrogatories A: Plaintiffs must w ait 10 days after · Special Interrogatories service of summons · Request for Admissions or Defendant's appearance to serve written interrogatories ICCP $2025.201(b)l, 20 days to serve a deposition notice ICCP $2025.2101 • Defendants may I conduct discovery any time after being served or after they appear in the action. ICCP 52030.0201 A Notice must be served at O least 10 days before the deposition dat e. ICCP $2025.270 (a)l 70 days before trial, or within 10 days of setting trial date, which is closer to trial date, experts must be demanded. ICCP 52034.2201 In San Diego County, the Court typically sets these dates, ond no expert · Request for Production of Documents If notice accompanied by Request for Production of Documents, additional time may be reguired. ICCP $2020-2201 1st Exchange of Experts 2nd Exchange of Experts Typically set by FOudoe ot CMC. 50 days before trial date, or 20 days after service of demand, whichever is closer to trial date. ICCP 52034.2301 Typically set by judge HO ot CMC Within 20 days of the 1" Exchange. You may only designate an additional expert on a topic already designated in your opponent's 1t Exchange. ICCP $2034.2801 demand is necessary. The example used in the timeline above is a San Diego County Exam ple © 2015 Law Offices of Steven A. Elia, APC. All rights reserved. Disclaimer: The above graphic represents an example of a typical timeline for a civil lawsuit in general juriscic tion in San Diego County. This timeline is intended to be for informational purposes only and is not intendec to be treated as legal advice. You should not rely on or act on any information from this timeline without consulting with a competent attomey licensed to practice law in your jurisdic tion. You should immediately contact an attorney to ciscuss any timeline pertaining to yourcase. Use of this graphic does not create an attorney-client relationship. The owner of this graphic assumes no liability or responsibility for any errors or omissions our out-of-date in formation in the content contained in it. CCP-California Code of Civil Procedure CRC-California Rules of Court Gener al Jurisdiction-When complaint demands dam ages in excess of $25,000 Notes about time frames updated 4/22/2015