Rule 3.714. Differentiation of cases to achieve goals

(a) Evaluation and assignment The court must evaluate each case on its own merits as provided in rule 3.715, under procedures adopted by local court rules. After evaluation, the court must:

(1) Assign the case to the case management program for review under the case management rules in chapter 3 of this division for disposition under the case disposition time goals in (b) of this rule;

(2) Exempt the case as an exceptional case under (c) of this rule from the case disposition time goals specified in rule 3.713(b) and monitor it with the goal of disposing of it within three years; or

(3) Assign the case under (d) of this rule to a local case management plan for disposition within six to nine months after filing.

(b) Civil case disposition time goals Civil cases assigned for review under the case management rules in chapter 3 of this division should be managed so as to achieve the following goals:

(1) Unlimited civil cases

(A) 75 percent are disposed of within 12 months;

(B) 85 percent are disposed of within 18 months; and

(C) 100 percent are disposed of within 24 months.

(2) Limited civil cases

(A) 90 percent are disposed of within 12 months;

(B) 98 percent are disposed of within 18 months; and

(C) 100 percent are disposed of within 24 months.

(3) Individualized case management

(c) Exemption of exceptional cases

(1) The court may in the interest of justice exempt a general civil case from the case disposition time goals under rule 3.713(b) if it finds the case involves exceptional circumstances that will prevent the court and the parties from meeting the goals and deadlines imposed by the program. In making the determination, the court is guided by rules 3.715 and 3.400.

(2) If the court exempts the case from the case disposition time goals, the court must establish a case progression plan and monitor the case to ensure timely disposition consistent with the exceptional circumstances, with the goal of disposing of the case within three years.

(d) Local case management plan for expedited case disposition

(1) For expedited case disposition, the court may by local rule adopt a case management plan that establishes a goal for disposing of appropriate cases within six to nine months after filing. The plan must establish a procedure to identify the cases to be assigned to the plan.

(2) The plan must be used only for uncomplicated cases amenable to early disposition that do not need a case management conference or review or similar event to guide the case to early resolution.

Committee Notes

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002, and January 1, 2004.)

(Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2002, and January 1, 2004.)

(Subd (c) amended effective January 1, 2007; adopted as subd (d); previously amended effective January 1, 2000, and July 1, 2002; previously amended and relettered as subd (c) effective January 1, 2004.)

(Subd (d) amended and relettered effective January 1, 2004; adopted as subd (e); previously amended effective January 1, 1994, and July 1, 2002.)