How to Fill Out a Case Management Statement in Sacramento

Disclaimer: This guide is intended as general information only.  Your case may have factors requiring different procedures or forms. The information and instructions are provided for use in the Sacramento County Superior Court. Please keep in mind that each court may have different requirements. If you need further assistance, consult a lawyer.  

Click here to download this Step-by-Step guide as a pdf.

CONTENTS

This packet includes:

• Step by Step Instructions
• Sample Case Management Statement (Judicial Council Form CM-110)
• Sample Mediation Statement (Sacramento County Local Form CV\E-MED-172) 

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, the parties in all general civil cases (as defined in Local Rule 2.46), whether represented by counsel or by themselves (in Pro Per), are required to file a Case Management Statement approximately six months after the complaint is filed.  A free instructional video on how to prepare your Case Management Statement is available on the Law Library's website at http://www.saclaw.org/pages/selfhelp_video.aspx. 

PROCEDURE

In limited civil cases (amount demanded is $25,000 or less), the parties are given notice when they file their first court documents that a Case Management Statement is due between the 160th and 180th day after the filing of the complaint.  After reviewing the Case Management Statement the Court will mail a Case Management Order, setting a schedule for subsequent proceedings and otherwise providing for the management of the case, to all parties. 

In unlimited civil cases (amount demanded exceeds $25,000), the Court serves a Notice of Case Management Conference on all parties approximately 120 days after the complaint is filed. You are required to file a Case Management Statement no later than 15 calendar days before your Case Management Conference.  The Court publishes these Case Management Orders the day before the scheduled Case Management Conference. You may access these Tentative Rulings on the Court's website at https://services.saccourt.com/publicdms/search.aspx after 2:00 p.m. the day before the Case Management Conference 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.

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

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.

Step-by-Step Instructions

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

❑  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.

❑  Below that, type or write the name and address of the court: County of Sacramento, 720 Ninth St., Sacramento, CA 95814.  The Branch Name is "Civil." 

❑  Beside "Plaintiff/Petitioner" insert the Plaintiff's name (as it is written on Summons and Complaint). 

❑  Beside "Defendant/Respondent" insert the Defendant's name (as it is written on Summons and Complaint).  

❑  Type or write your case number in the box provided.

❑  Check box next to "Unlimited" or "Limited," whichever applies to your case.

❑  If a Case Management Conference has been ordered, insert the date, time and department.

❑  In paragraph 1, type or write your name.

❑  IF you are a plaintiff or cross-complainant type or write the date the complaint or cross-complaint was filed.

❑  IF you are a plaintiff or cross-complainant mark the appropriate boxes regarding whether parties have been served, dismissed, defaulted, or will be added.

❑  Check either "complaint" or "cross-complaint, and give a brief description of your case, i.e., breach of contract, common counts, account stated, personal injury.

Sample Case Management Statement (Judicial Council Form CM-110), Page 1
(click image for full sized version)

❑  In paragraph 4b, provide a brief statement of the case, including any damages.

❑  If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date (indicating the source and the amount), estimated future medical expenses, lost earnings to date, and estimated future lost earnings.  If equitable relief is sought, describe the nature of the relief.  If you need additional space to write your statement you may check the box, and attach a page labeled "Attachment 4b" with your statement at the end of this form.

❑  In paragraph 5, mark the box indicating whether you wish to have a jury trial or a non-jury trial.

❑  In paragraph 6, mark the box indicating whether a trial date has been set, and if so, insert the date in 6a. If the trial date has not been set but you will not be ready for trial within 12 months of the date the complaint was filed, check 6b and explain why in the space provided.  In 12c, indicate dates on which parties or attorneys will not be available for trial and specify the reasons for unavailability (e.g., scheduled surgery, planned vacation with nonrefundable tickets).

❑  In paragraph 7, mark the box indicating whether you expect the trial to last for hours or days, and specify the number of hours or days you expect the trial to last. Plan for 5 hours of testimony per day.  Most limited cases are scheduled for 4 hours.

❑  In paragraph 8, mark the box indicating that you will be represented by the "attorney or party listed in the caption" if you will be representing yourself.  If you will be represented by another attorney at trial, check that box and insert that attorney's information.  If you need additional space check that box, and attach a page labeled "Attachment 8" with the attorneys' information at the end of this form.

❑  Leave paragraph 9 blank unless you are entitled to a preference enabling you to withdraw from the Case Management Program and set an earlier trial date. Examples of preferences are when a party or witness over the age of 70 is in poor health and otherwise may not survive until the trial date, or when a young child may forget details of testimony if the trial is not held at an earlier date. If you are entitled to a preference, insert the code section in the space provided. See

❑  In paragraph 10a, mark the box indicating whether you have or have not reviewed the appropriate ADR information package, and whether you reviewed it with counsel or by yourself. 

❑  In paragraph 10b, check box (1) if your case is subject to mandatory judicial arbitration under Code of Civil Procedure § 1141.11 (it is an unlimited civil case, the amount in controversy will not exceed $50,000, and no equitable relief is requested).  Check box (2) if you are a plaintiff and elect to refer the case to judicial arbitration and to limit your recovery to $50,000.  Check box (3) if your case is exempt from judicial arbitration under California Rule of Court 3.811. If you check box (3), specify the rule that exempts the case from judicial arbitration.   See California Rule of Court 3.811(b)(1), (2), (3), (4) and (5). 

Sample Case Management Statement (Judicial Council Form CM-110), Page 2
(click image for full sized version)

❑  In the heading on the third page, type or write the plaintiff's and the defendant's names as they appear on the complaint and the case number.

❑  In paragraph 10c check the box(es) indicating the Alternative Dispute Resolution (ADR) process or processes the party or parties are willing to participate in, have agreed to participate in, or have already participated in.  If you have already agreed to participate in, or have already completed a process or processes, check the box indicating the status of the process and attach a copy of the parties' ADR stipulation.

Definitions:

Mediation:  A process in which people that are having a dispute are helped by a neutral third person (a Mediator) to communicate so they can reach a settlement acceptable to both.  Mediation seeks a middle ground, and is often used when the parties will need to have contact in the future.

Settlement Conference: The parties and their attorneys meet with a settlement judge who hears both sides and tries to help them reach a compromise. The judge cannot make any decisions regarding the outcome, but will listen to each side, giving his or her critique and advising what they would be likely to decide in court. In Sacramento County settlement conferences are mandatory two weeks before trial; however, parties may elect to have an earlier settlement conference in order to avail themselves of the judge's insight at an earlier stage of the process.

Neutral Evaluation: A neutral third party (an experienced individual, usually an attorney) issues an opinion on the issues he or she is asked to evaluate by the parties.  An objective evaluation by a knowledgeable outsider can sometimes move parties away from unrealistic positions, or at least provide them with more insight into their cases' strengths and weaknesses. This opinion has no effect on the case except for providing information useful for negotiation.

Non-binding Judicial Arbitration:  A neutral third party Arbitrator, provided by the court, renders an opinion on the case.  The Arbitration Award can be rejected and if so, the case will continue on to trial.

Binding Private Arbitration: The parties agree to hire a third party Arbitrator, and for the Arbitrator's decision to be final, and enforceable in the courts. 

Sample Case Management Statement (Judicial Council Form CM-110), Page 3
(click image for full sized version)

❑  In the heading on the fourth page, type or write the plaintiff's and the defendant's names as they appear on the complaint and the case number.

❑  If you are representing yourself you will most likely leave the box next to paragraph 11 blank, because if you were insured your insurance company would be representing your interests in this case.  If you have insurance, however, mark the box next to paragraph 11a and insert the name of your insurance carrier in the space provided. If the insurance carrier has notified you of its reservation of rights (that it may still deny a claim upon further investigation), check "yes" in 11b.  If not, check "no." If insurance coverage issues will significantly affect the resolution of the case, mark the box next to 11c and explain how in the space provided. 

❑  In paragraph 12, indicate whether there are any matters (mostly related federal cases, such as bankruptcy), that may affect the court's jurisdiction of the case.  If there are matters other than bankruptcy, check the box next to "other" and describe the matter and its status in the space provided. 

❑  If there are companion, underlying, or related cases, check the box next to paragraph 13a and list the case name, court name, case number and status in the space provided.  If there is more than one companion, underlying, or related case, attach  a page labeled "Attachment 13a" and list the case names, court names, case numbers and status of the cases on this attachment.

❑  If you plan to file a motion to consolidate (combine into a single case) or coordinate (cases remain separate but are managed together to the court issues consistent decisions) this case with another case, check the appropriate box next to 13b and name the party filing the motion in the space provided.

❑  If you intend to file a motion for an order to bifurcate, sever (break off into a separate trial), or coordinate an issue or cause of action, mark the box next to paragraph 14 and list the moving party, type of motion, and reason for the motion in the space provided. Bifurcation, or separating issues and trying and resolving one issue before the others, is often done when a small issue, e.g., whether the statute of limitations has run, can be decided quickly, and if decided a certain way (yes), would preclude the other issues from having to be decided.

❑  If you intend to file any other types of motions before trial, mark the box next to paragraph 15.

❑  If you have completed discovery, mark the box next to paragraph 16a.  If you are in the process of propounding (asking) or responding to (answering) discovery, mark the box next to 16b and list the propounding party, a description of the discovery and the date responses are due in the space provided. If you anticipate any discovery issues, such as difficulty in receiving a response or any discovery issues involving electronically stored information, check the box next to 16c and describe those issues in the space provided.

 Sample Case Management Statement (Judicial Council Form CM-110), Page 4
(click image for full sized version)

❑  In the heading on the fifth and last page, type or write the plaintiff's and the defendant's names as they appear on the complaint and the case number.

❑  Mark the box next to paragraph 17a if the case is limited civil case (amount demanded is less than $25,000) and the economic litigation procedures in Code of Civil Procedure §§ 90-98 will apply. 

❑  Mark the box next to paragraph 17b if the case is limited civil case, but a motion to withdraw from the economic litigation procedures or for additional discovery will be filed.  If you mark box 17b, explain specifically why economic litigation procedures related to discovery or trial should not apply to this case in the space provided.

❑  If there are any other issues regarding the flow of the case that you wish the court to consider or determine at the Case Management Conference, mark the box next to paragraph 18 and describe them in the space provided.

❑  California Rule of Court 3.724 requires parties to meet and confer, in person or by telephone, at least 25 calendar days before the Case Management Conference date, to consider a number of issues listed in Rule 3.724 and Rule 3.727. Check the box next to paragraph 19 if you have met.  If you have not met, explain why in the space provided.

❑  In paragraph 19b, list the issues the parties came to an agreement upon in the space provided.

❑  In paragraph 20, specify the number of pages attached to this form, if any.

❑  Date, print your name, and sign the document on the lines provided.

Sample Case Management Statement (Judicial Council Form CM-110), Page 5
(click image for full sized version)

Step 3: Completing a Mediation Statement (Local Form CV\E-MED-172), If Necessary

You must file a Mediation Statement with your Case Management Statement if you have an unlimited civil case.  This local form is 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 the "Mediation" link.  Form CV\E-112 is the fourth 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.  Fill in the caption at the top as you did on all of the pages of the Case Management Statement.  Fill in the date, time, and department of your Case Management Conference.  Then check either "Mediation is appropriate for this case," or "Mediation is not appropriate for this case for the following reasons," and explain why in the space provided.  Then date, type or print your name, and sign the form on the lines provided.

 Step 4:  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, see our "Proof of Service by Mail" Step-by-Step guide at http://www.saclaw.org/pages/pos-mail.aspx.

Step 5:  Copying and Assembling

Make two copies of each:

Case Management Statement (Judicial Council Form CM-110)

Mediation Statement (Sacramento County Local Form CV\E-MED-172), if necessary

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 6: Filing

In Sacramento, Case Management Statements are filed at the Gordon D. Schaber Sacramento County Courthouse, located at 720 Ninth St. in downtown Sacramento. There is no fee for filing a Case Management Statement.

If you are filing in another county, please be sure to check with that court to determine the correct location to file.

Sample Mediation Statement (Sacramento County Local Form CV\E-MED-172)
(click image for full sized version)

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

AB 10/2011

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