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2014 California Rules of Court

Rule 3.762. Case conference

(a) Purpose

One or more conferences between the court and counsel for the parties may be held to discuss class issues, conduct and scheduling of discovery, scheduling of hearings, and other matters. No evidence may be presented at the conference, but counsel must be fully prepared to discuss class issues and must possess authority to enter into stipulations.

(b) Notice by the parties

Notice of the conference may be given by any party. If notice is given by a named plaintiff, notice must be served on all named parties to the action. If notice is given by a defendant, notice must be served only on the parties who have appeared. Within 10 calendar days after receipt of the notice, the plaintiff must serve a copy on each named party who has not appeared in the action and must file a declaration of service. If the plaintiff is unable to serve any party, the plaintiff must file a declaration stating the reasons for failure of service.

(Subd (b) amended effective January 1, 2007.)

(c) Notice by the court

The court may give notice of the conference to the plaintiff. Within 10 calendar days after receipt of the notice given by the court, the plaintiff must serve a copy of the notice on all parties who have been served in the action, whether they have appeared or not, and must file a declaration of service. If the plaintiff is unable to serve any party, the plaintiff must file a declaration stating the reasons for failure of service.

(Subd (c) amended effective January 1, 2007.)

(d) Timing of notice

The notice must be filed and served on the parties at least 20 calendar days before the scheduled date of the conference.

(Subd (d) amended effective January 1, 2007.)

(e) Timing of conference

A conference may be held at any time after the first defendant has appeared. Before selecting a conference date, the party noticing the conference must:

(1)Obtain prior approval from the clerk of the department assigned to hear the class action; and

(2)Make reasonable efforts to accommodate the schedules of all parties entitled to receive notice under (b).

(Subd (e) amended effective January 1, 2007.)

Rule 3.762 amended and renumbered effective January 1, 2007; adopted as rule 1852 effective January 1, 2002.

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