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2014 California Rules of Court

Rule 3.402. Complex case counterdesignations

(a) Noncomplex counterdesignation

If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2004.)

(b) Complex counterdesignation

A defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.

(Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2004.)

(c) Joint complex designation

A defendant may join the plaintiff in designating an action as a complex case.

Rule 3.402 amended and renumbered effective January 1, 2007; adopted as rule 1811 effective January 1, 2000; previously amended effective July 1, 2004.

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