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Attorney's Compliance Statement


How to Prepare an Attorney's Compliance Statement in Sacramento

Disclaimer: This guide is intended as general information only.  Your case may have factors requiring different procedures or forms. If you need further assistance, consult a lawyer.

Click here to download this guide with step-by-step instructions for completing the form.

This guide is intended to provide a simple description of how to prepare an Attorney's Compliance Statement in Sacramento County Superior Court.  Please keep in mind that each court has different requirements.

BACKGROUND

The Sacramento County Superior Court's Case Management Program is designed to secure the fair, timely, and efficient disposition of every civil case in a fair, practical, and flexible manner. Cal. Rules of Court 3.700.  To that end, all general civil cases (as defined in Local Rule 11.01 (B)) are set for a Case Management Conference approximately 180 days after the complaint is filed.  Whether you are represented by counsel or handling your case by yourself without the assistance of an attorney (In Pro Per), you are required to file a Case Management Statement no later than 15 calendar days before your Case Management Conference.  A free instructional video on how to prepare your Case Management Statement is available on our website at http://www.saclaw.org/pages/selfhelp_video.aspx.

The Court reviews all Case Management Statements and makes Case Management Orders setting a schedule for subsequent proceedings and otherwise providing for the management of cases.  These Tentative Rulings are posted and available for viewing after 2:00 p.m. on the day before the scheduled Case Management Conference.  All parties scheduled for a Case Management Conference may access the Tentative Rulings on the Court's website at https://services.saccourt.com/publicdms/search.aspx to determine if an appearance is required. For more information on the Court's Tentative Ruling System, see the Legal Resource Guide on our website at http://www.saclaw.org/pages/tentative-rulings.aspx. 

The Court may call for more than one Case Management Conference during the course of a lawsuit.

PROCEDURE

Overview

If the Court issues an Order to Show Cause for failure to file a Case Management Statement; failure to serve, default, or dismiss defendants; failure to comply with previous Case Management Orders; or failure to comply with any other of the local Case Management Program (CMP) Rules; the party to whom the Order is directed must file an Attorney's Compliance Statement with the Court at least 15 calendar days before the date set for the hearing on the Order to Show Cause. The Attorney's Compliance Statement must include a description of the relevant action taken in the case to date, any action that should have been taken under the CMP rules but has not, and the reasons for failure to take required action. The Statement must include a proposed schedule for future action, including dates by which future action will be completed.  The Court may issue an order requiring adherence to this proposed, or any other, schedule for future action. Local Rule 11.05.

Failure to file an Attorney's Compliance Statement in a timely manner could result in sanctions, including striking all or any part of any of your pleadings; dismissing all or any part of your action; entering a default judgment against you; and/or ordering that you pay reasonable costs, including attorney fees, to the Court and to the other parties. Local Rule 11.12.

You may find the necessary forms on two websites.  The Case Management Statement is a state-wide mandatory Judicial Council form and therefore available from the California Court's website, www.courts.ca.gov.  Hover over the "Forms & Rules" tab at the top of the page and click on the "Browse All Forms" link that appears.  From the drop-down menu next to the "Select a Forms Group" box, select "Case Management," then click on the "See Forms" button. Scroll down to CM-110 and click on the link.  You may complete the form online, save it, and print it.

The Attorney's Compliance Statement is a Sacramento County local form and therefore available at the Superior Court's website, www.saccourt.ca.gov. Click on the "Fees and Forms" link under "Court Information" in the navigation box on the left side.  Then click on the "Local Forms" link. Once there, click on "Case Management Program" link.  Form CV\E-112 is the first form listed in that category. Unfortunately, Sacramento County local forms are not fill-able online at this time; however, you can save or print them.

Step-by-Step Instructions

Step 1: Completing the Case Management Statement
(Judicial Council Form CM-110) 

A free instructional video on how to prepare your Case Management Statement is available on our website at http://www.saclaw.org/pages/selfhelp_video.aspx.

Step 2: Completing the Attorney's Compliance Statement 
(Sacramento County Local Form CV\E-112)    

  • Type or write your name, address, and telephone number in the box that says "Attorney or Party Without Attorney." 
  • Where it says "Attorney for" write "In Pro Per," which means you are representing yourself.
  • Beside "Plaintiff" insert your name (as it is written on Summons and Complaint).
  • Beside "Defendant" insert the Defendant's name (as it is written on Summons and Complaint).
  • Type or write your case number, hearing date, time and assigned department in the box provided.
  • If you are choosing to appear by telephone make a mark in the box next to "Telephone Conference."
  • In paragraph 1 explain why you failed to comply with the CMP rules as set forth in the Order to Show Cause issued by the Court.
  • In paragraph 2 type or write "Yes" or "No," indicating whether you have since complied with the rule at issue in the Order to Show Cause. 
  • If you have complied, complete paragraph 2 a) by describing how you complied. 
  • If you have not complied, complete paragraph 2 b) describing when you intend to comply.
  • In paragraph 3 mark the box next to either "Yes" or "No," indicating whether all named defendants have answered or been defaulted. 
  • If you check "No," explain why not in the space provided.  
  • In paragraph 4a mark the box next to either "Yes" or "No," indicating whether you have filed a Case Management Statement. 
  • If you check "No," explain the date it will be filed in the space provided.  
  • Sign your name on the line next to "Attorney/Party." 
  • Date the form where indicated.

 


Attorney's Compliance Statement Sacramento County Local Form CV\E-112), Page 1 (Click here for full sized version)


Attorney's Compliance Statement Sacramento County Local Form CV\E-112), Page 2 (Click here for full sized version)

Step 3:  Service of Documents by Mail on all Parties
You must have a person over the age of 18 and not a party to your action mail or "serve" copies of all these documents to the opposing parties, or their counsel of record, and have the server complete a Proof of Service by Mail (POS-030) form to file with the court. For instructions on how to fill out the Proof of Service by Mail, complete with a sample form, see our "Proof of Service by Mail" Step-by-Step guide at http://www.saclaw.org/pages/pos-mail.aspx.

Step 4:  Copying and Assembling
Make two copies of each:

Case Management Statement (Judicial Council Form CM-110)
Attorney's Compliance Statement (Local Form CV\E-112)
Proof of Service by Mail (Judicial Council Form POS-030)

In the Sacramento County Superior Court, because documents are scanned into a computer, any multiple page original documents are left unstapled, while each copy is stapled. In courts that do not electronically scan, all are stapled, and the original is two-hole punched at the top of the page for insertion into a folder. 

Step 5: Filing
In Sacramento, Attorney Compliance Statements are filed at Window 2, on the first floor of the Gordon D. Schaber Sacramento County Courthouse, located at 720 Ninth St. in downtown Sacramento. If you are filing in another county, please be sure to check with that court to determine the correct location to file.

IF YOU HAVE QUESTIONS ABOUT THIS GUIDE, OR IF YOU NEED HELP FINDING OR USING THE MATERIALS LISTED, DON'T HESITATE TO ASK A REFERENCE LIBRARIAN.   

updated 6/11 ab

Tags: civpro, case-man, S-B-S