Part 4 · Parties and Actions

Rule 3.402. Complex case counterdesignations

Amended January 1, 2007 (current) Contains Deadlines

(a) Noncomplex counterdesignation If aCivil 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 counterCivil 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.

(b) Complex counterdesignation A defendant may file and serve no later than its first appearance a counterCivil 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.

(c) Joint complex designation A defendant may join the plaintiff in designating an action as a complex case.

Committee Notes

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

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