Fresno — Stipulation to Trial Setting in Lieu of Case Management Conference

Source: https://www.fresno.courts.ca.gov/_pdfs/forms/FCV-37 Stipulation to Trial Setting in Lieu of Case Management Conference.pdf

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address): FOR COURT USE ONLY

TELEPHONE NO: FAX NO: ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA • COUNTY OF FRESNO 2317 Tuolumne Street Fresno, California 93721-1220

PLAINTIFF/PETITIONER:

DEFENDANT/RESPONDENT:

CASE NUMBER:

STIPULATION TO TRIAL SETTING IN LIEU OF CASE MANAGEMENT CONFERENCE

Nature of case: Personal Injury Collections Other General Civil

The undersigned declares, under penalty of perjury under the laws of the State of California, that all essential parties have either appeared and signed below, or have been served and defaulted, and this action is at issue. Plaintiff requests that any unserved parties named in the plaintiff’s pleading, except fictitiously named parties, be dismissed without prejudice.

Date Complaint filed: _______________________

Estimated time for trial: _______________ hours _____________days

Jury Trial demanded: by Plaintiff by Defendant (Jury fees are due 25 days prior to trial date.)

Date selected for Trial: ____________________________ (See instructions on Page 2.)

Dated:_______________ Party represented:

(Type or Print Name) (Signature of Declarant)

Dated: ______________ Party represented:

(Type or Print Name) (Signature of Declarant)

Additional signature pages attached.

FCV-37 R09-04 STIPULATION TO TRIAL SETTING IN LIEU OF CASE Page 1 of 2 MANAGEMENT CONFERENCE

INSTRUCTIONS

For cases where an early trial date is requested, pursuant to Local Rules 3.8 and 3.10, the trial date selected should be within 90 days of the filing of this stipulation and estimated time for trial must be 2 hours or less.

Case Management Plan 1: For general Civil cases assigned to this Plan, the trial date selected must be no later than 345 days after the date the Complaint was filed. All general Civil cases are deemed to be assigned to this Plan upon the filing of the Complaint.

Case Management Plan 2: For general Civil cases assigned to this Plan, the trial date selected must be no later than 480 days after the date the Complaint was filed.

Case Management Plan 3: For general Civil cases assigned to this Plan, the trial date selected must be no later than 630 days after the date the Complaint was filed.

Cases may be assigned to Plans 2 or 3, or designated as complex, by submitting a Stipulation and Order for the court’s signature, or by noticed motion. An order assigning the case to Plan 2 or 3 must be signed before a trial can be set more than 345 days after the filing date of the Complaint.

Mandatory Settlement Conference Statement – If a Mandatory Settlement Conference is set, the Settlement Conference Statement is due 10 days prior to the Settlement Conference

Trial Readiness Hearing – This will be scheduled for the Friday preceding the trial date.

First Day of Trial – Use the following schedule to determine which day of the week Trial should be set:

Monday – All Civil jury trials

Wednesday – All Civil court trials with a time estimate of more than 1 day

Friday – All Civil court trials with a time estimate of 1 day or less

Jury Fee Deposit - The jury fee deposit must be paid to the clerk’s office 25 days prior to the trial date.

Court Reporter Fees - All parties shall deposit their pro rata share of the court reporter fees not later than the conclusion of each day’s court session.

Trial Continuance Fees – The fee for filing a Stipulation and Order to Continue a Trial Date is $37.00 Pursuant

to California Rules of Court, Rule 375, a separate Declaration of Good Cause must accompany the Stipulation or it cannot be considered. If the Stipulation is granted, or if a motion by a party to continue the trial date is granted (whether by a noticed motion or an oral motion in open court), a fee of $110.00 must be paid to the clerk’s office at once. This fee is in addition to the $37.00 fee for filing the Stipulation.

Alternative Dispute Resolution Order – The court orders all parties to engage in some form of Alternative Dispute Resolution, such as mediation. This Alternative Dispute Resolution must be completed within 180 days after the Case Management Conference, or prior to the Mandatory Settlement Conference, whichever is earlier. Failure to do so may result in the court imposing sanctions, unless excused by the court upon a timely showing of good cause by written declaration.

If you have any questions regarding Alternative Dispute Resolution,

contact the ADR Administrator at (559) 488-2778.

If this form is submitted at least 7 days before the Case Management Conference and a trial can be set,

no appearances are required at the Case Management Conference. For Unlimited Civil and Central Division Limited Civil cases, parties should call the court’s Case Management office at (559) 488-1929 to verify that no appearances will be required.

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