Divorce Pretrial Procedures – general consideration
This blog post addresses divorce pretrial procedures and some trial preparation. The part on divorce pretrial procedures covers divorce-centered case resolution (management plan), settlement conferences at-issue memorandums, trial-setting conferences, and trial continuances. The parts on trial preparation provide a broad overview, with an emphasis on aspects peculiar to divorce actions.
Because there are no California Rules of Court that specifically address pretrial procedures in divorce matters, other than discovery matters California Rules Ct.3.1100, very general provisions in those rules apply. Each county usually adopts local rules for divorce pretrial procedures.
Most California courts use a “master calendar” system, meaning cases are assigned by the presiding judge for different types of divorce pretrial to various judges, and then, when ready for trial, assigned to the first available trial judge. Some local courts including Los Angeles, Alameda, and Contra Costa have established an “individual calendar” system for divorce pretrial procedures, assigning a case at the time of filing to one department for all procedures, including trial. Those courts usually have local rules on beginning divorce cases to trial, which are completely different master calendar procedures All divorce cases must be assigned to the same superior court department for all purposes, in order that all decisions in a case through judgment will be made by the same judge.
First divorce pretrial procedures – Family Centered Case Resolution Plan
The legislature has provided a process for courts to order a family-centered case resolution plan (sometimes called a case management plan). Family Code 2450-2452.The purpose of family-centered case resolution is to management to the parties in resolving dissolution actions in order to accelerate the processing of the case, reduce litigation expense, and focus on the early resolution by settlement.
This divorce pretrial procedure requires the court to review all dissolution, annulment, legal separation, paternity cases within at least 180 days of the initial filing the petition, and at least every 180 days thereafter until disposition, in order to determine the most appropriate steps to ensure a fair, effective and timely resolution. There are six divorce pretrial procedures set out in California rules in deciding whether a case is going in a timely manner. The Judicial Council has approved the Case Information—Family Law (Judicial Council Form FL-172), an optional form designed to facilitate case file review and provide judicial officers with a quick reference to general information about the case.
If, after 18 months from the filing of the petition, both parties have not participated in the case resolution process, the court does not obligate to conduct further case review until the case qualifies for dismissal or the parties started to reactivate participation in the case. After an 18-month period in which parties have failed to participate in case resolution, the case is not counted for purposes of achieving the statutory goals of case resolution.
Although the family-centered case resolution conferences must be heard by a judicial officer, they are not intended to be evidentiary hearings.
Divorce pretrial procedures- case management conference includes
Early neutral case evaluation;
Alternative dispute resolution;
Limitations on the discovery, including temporary suspension pending exploration of settlement;
Use of telephone conference calls;
Modification or waiver of requirements of procedural statutes as stipulated by the parties;
A requirement that any expert witness be selected by the parties jointly or be appointed by the court; and
Bifurcation of issues for trial.
Divorce pretrial procedure- Case Management Conference
Divorce pretrial procedure -a case management conference is meeting both parties, lawyers, if any and the judge meet to talk about how to handle the case. Most cases have Case Management Conference between 120 and 180 days from filing of the petition. Sometimes there is no needs the parties to come to court for the case management conference if every party files case management statement and other local forms necessary for the trial. It would be a good idea to call the court couple days before scheduled CMS to check if it has been taken out of the calendar.
For divorce pretrial practice meet and confer is one the necessary components before going to a case management conference. It means you need to discuss with opposing party or his or her attorney what issues, it any, could be settled.
Divorce pretrial procedures – Mandatory settlement conferences may be held on the court’s own motion or at the request of any party. Settlement conferences may also occur by virtue of local court rules, rather than by specific orders in individual cases
A noticed motion does not require, but it is appropriate to notify the opposition that the request will be made to allow them time to submit reasons that such a conference should not be ordered.
An attorney ( or party) must prepare and submit settlement conference statements no later than 5 court days before the initial date set for the settlement conference. Often, local rules prescribe the contents of the settlement conference statements in substantial detail, and by statewide court rule, the settlement conference statement must comply with any additional requirement imposed by local rule. Typically, the statement must describe the case; list the contested issues; set forth the party’s contentions on those issues, including supporting authorities; and set forth a proposal for settlement. This statement should be prepared very well because it is likely to influence the court’s and opposing counsel’s impressions of the case. Note that, in some courts, the parties are required to meet before a trial readiness or settlement conference and make a full exchange of all pertinent information.
Case Management Conference (CMC) Details
A Case Management Conference (CMC) is a critical pretrial procedure in California divorce cases. This conference typically occurs between 120 and 180 days after the petition for dissolution is filed. However, it is not always necessary for the parties to appear in court if they file the Case Management Statement and other required local forms ahead of time. It’s recommended to check with the court a few days before the scheduled CMC to ensure it has not been taken off the calendar.
The CMC is designed to discuss procedural aspects of the case, including the resolution of issues and the setting of timelines for further proceedings. One key component of this process is the “meet and confer” requirement, where both parties (and their attorneys, if applicable) must discuss any issues that might be settled before the court hearing.
Mandatory Settlement Conferences
In California, mandatory settlement conferences (MSCs) are a frequent pretrial procedure in divorce cases. These conferences may be ordered by the court or requested by either party. Some local court rules also mandate settlement conferences as part of the pretrial process.
Typically, the court will order a settlement conference if it believes that there is a reasonable chance of resolving some or all of the issues in the case. It is also common for local rules to set out when and how these settlement conferences will be conducted, including any timelines for filing documents.
Settlement Conference Statements
Parties are required to prepare and submit settlement conference statements no later than 5 court days before the scheduled settlement conference. These statements are critical because they provide both the court and the opposing party with detailed information about the case, including:
- A description of the case and the contested issues
- The party’s contentions and legal arguments on those issues
- A proposal for settlement
The settlement conference statement is an important document that often shapes the court’s impression of the case. It should be well-crafted to provide a strong argument for your position and to demonstrate your willingness to negotiate and resolve issues. In some courts, the parties may also be required to exchange all pertinent information before a trial readiness or settlement conference, ensuring that both sides are fully informed of the key issues.
Bifurcation of Issues for Trial
In certain divorce cases, the court may decide to bifurcate (or split) the issues for trial. This means that some issues, such as property division or custody, may be resolved separately and earlier in the process, while other issues (e.g., spousal support or child support) might be handled later. Bifurcation can help reduce the complexity of the trial and potentially speed up the resolution of certain disputes. However, bifurcation is not automatic and requires agreement from both parties or a court order.
Alternative Dispute Resolution (ADR) Options
In California divorce cases, the court often encourages or requires alternative dispute resolution (ADR) methods, such as mediation or arbitration, to help parties resolve their disputes without going to trial. The goal of ADR is to facilitate an amicable settlement and reduce litigation costs.
- Mediation: A neutral third party (mediator) assists the parties in negotiating a mutually acceptable settlement.
- Arbitration: A neutral third party (arbitrator) hears the case and makes a binding decision on disputed issues.
ADR is often used before or after the case management conference, and sometimes even during the trial phase, to promote settlement.
Early Neutral Case Evaluation
As part of the case management conference, some courts may require or offer early neutral case evaluation. This process involves a neutral evaluator—usually a judge or a senior attorney—who provides an informal assessment of the strengths and weaknesses of the case. This evaluation can help the parties better understand the potential outcomes and encourage settlement.
The neutral evaluator typically does not make binding decisions but will offer insights into how the court might view the case, helping both parties consider settlement options early on.
Temporary Suspension of Discovery
During the early stages of divorce proceedings, the court may temporarily suspend discovery (the process of exchanging information and documents) while the parties explore settlement options. The temporary suspension of discovery can help reduce litigation costs and encourage settlement discussions. However, if settlement discussions fail, discovery will typically resume to ensure that both parties have access to the necessary information for trial preparation.
Limitations on Discovery
In some cases, the court may impose limitations on the scope of discovery to avoid unnecessary delays and expenses. These limitations are designed to streamline the divorce process and focus on the issues that are truly in dispute. For example, the court might limit the number of depositions or the scope of document requests.
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