California News:
California’s Code of Civil Procedure in Part 2, Title 7a deals with pretrial conferences in civil actions. Section 575 authorizes the Judicial Council to promulgate rules governing pretrial conferences, and the time, manner and nature of them in civil cases in the superior courts.
Section 575.1 allows the presiding judge of each superior court to prepare proposed local rules designed to expedite and facilitate the business of the court. The rules need not be limited to those actions on the civil active list, but may provide for the supervision and judicial management of actions from the date they are filed.
After a majority of the judges have officially adopted the rules, they are to be filed with the Judicial Council. The Judicial Council must prescribe rules to ensure that a complete current set of local rules and amendments, for each county in the state, is made available for public examination in each county.
If a judge of a court adopts a rule that applies solely to cases in that judge’s courtroom, or a particular branch or district of a court adopts a rule that applies solely to cases in that particular branch or district of a court, the court is then required to publish these rules as part of the general publication of rules required by the California Rules of Court.
Section 575.2 provides that local rules promulgated may provide that if any counsel, a party represented by counsel, or a party if in pro se, fails to comply with any of the requirements thereof, the court on motion of a party or on its own motion may strike out all or any part of any pleading of that party, or, dismiss the action or proceeding or any part thereof, or enter a judgment by default against that party, or impose other penalties of a lesser nature as otherwise provided by law.
Section 576 states that any judge, at any time before or after commencement of trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendment of any pleading or pretrial conference order.
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Author: Chris Micheli
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