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2014 California Rules of Court

Rule 3.544. Add-on cases

(a) Request to coordinate add-on case

A request to coordinate an add-on case must comply with the requirements of rules 3.520 through 3.523, except that the request must be submitted to the coordination trial judge under Code of Civil Procedure section 404.4, with proof of mailing of one copy to the Chair of the Judicial Council and proof of service as required by rule 3.510.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2005.)

(b) Opposition to request to coordinate an add-on case

Within 10 days after the service of a request, any party may serve and submit a notice of opposition to the request. Thereafter, within 15 days after submitting a notice of opposition, the party must serve and submit a memorandum and declarations in opposition to the request. Failure to serve and submit a memorandum and declarations in opposition may be a ground for granting the request to coordinate an add-on case.

(Subd (b) amended and lettered effective January 1, 2005; adopted as part of subd (a).)

(c) Hearing on request to coordinate an add-on case

The coordination trial judge may order a hearing on a request to coordinate an add-on case under rules 3.527 and 3.528 and may allow the parties to serve and submit additional written materials in support of or opposition to the request. In deciding the request to coordinate, the court must consider the relative development of the actions and the work product of counsel, in addition to any other relevant matter. An application for an order staying the add-on case must be made to the coordination trial judge under rule 3.515.

(Subd (c) amended effective January 1, 2007; adopted as subd (b); previously amended and relettered effective January 1, 2005.)

(d) Order on request to coordinate an add-on case

If no party has filed a notice of opposition within the time required under (b), the coordination trial judge may enter an order granting or denying the request without a hearing. An order granting or denying a request to coordinate an add-on case must be prepared and served under rule 3.529, and an order granting such request automatically stays all further proceedings in the add-on case under rule 3.529.

(Subd (d) amended effective January 1, 2007; adopted as subd (c); previously amended and relettered effective January 1, 2005.)

Rule 3.544 amended and renumbered effective January 1, 2007; adopted as rule 1544 effective January 1, 1974; previously amended effective January 1, 2005.

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