68600. This article shall be known and may be cited as the Trial
Court Delay Reduction Act.
68603. (a) The Judicial Council shall adopt standards of timely
disposition for the processing and disposition of civil and criminal
actions. The standards shall be guidelines by which the progress of
litigation in the superior court of every county may be measured. In
establishing these standards, the Judicial Council shall be guided by
the principles that litigation, from commencement to resolution,
should require only that time reasonably necessary for pleadings,
discovery, preparation, and court events, and that any additional
elapsed time is delay and should be eliminated.
(b) The Judicial Council may adopt the standards of timely
disposition adopted by the National Conference of State Trial Judges
and the American Bar Association or may adopt different standards,
but in the latter event shall specify reasons for approval of any
standard which permits greater elapsed time for the resolution of
litigation than that provided in the standards of the National
Conference of State Trial Judges.
(c) The Judicial Council shall adopt rules effective July 1, 1991,
to be used by all delay reduction courts, establishing a case
differentiation classification system based on the relative
complexity of cases. The rules shall provide longer periods for the
timely disposition of more complex cases. The rules may provide a
presumption that all cases, when filed, shall be classified in the
least complex category.
68604. The Judicial Council shall collect and maintain statistics,
and shall publish them at least on a yearly basis, regarding the
compliance of the superior court of each county and of each branch
court with the standards of timely disposition adopted pursuant to
Section 68603. In collecting and publishing these statistics, the
Judicial Council shall measure the time required for the resolution
of civil cases from the filing of the first document invoking court
jurisdiction, and for the resolution of criminal cases from the date
of arrest, including a separate measurement in felony cases from the
first appearance in superior court. The Judicial Council shall report
its findings and recommendations to the Legislature in a biennial
Report on the State of California's Civil and Criminal Justice
Systems.
The Judicial Council shall conduct a two-year study on the
stipulated continuance authorized by subdivision (c) of Section
68616.
68605. The Judicial Council shall designate the four superior
courts with 18 or more judicial positions which, as of June 30, 1986,
had the highest ratio per judicial position of at-issue civil cases
pending more than one year, and the five superior courts with more
than eight judicial positions, not otherwise designated, with the
highest such ratio. In each such court, an exemplary delay reduction
program shall be established. The superior court of any other county,
at the option of the presiding judge, may elect to establish an
exemplary delay reduction program, and the Judicial Council may
designate additional superior courts for participation in an
exemplary delay reduction program.
This section shall cease to be operative on July 1, 1992.
68605.5. On and after July 1, 1992, this article shall apply to all
actions and proceedings in the superior court in each county, except
actions and proceedings subject to subdivision (a) of Section 68608
or subdivision (b) of Section 68609.
68606. In each of the counties in which an exemplary delay
reduction program is established, the presiding judge shall, (a)
select a sufficient number of judges for the program that will
provide, consistent with the size of the court, an adequate basis for
determining the effectiveness of the methods for reducing delay
specified in this article; and (b) identify the particular judges who
will participate in the program. However, a minimum of four judges
shall be included in the program. Each presiding judge may select,
and is encouraged to select, all the judges of the superior court or
the branch of a superior court as the judges of an exemplary delay
reduction program.
This section shall cease to be operative on July 1, 1992.
68607. In accordance with this article and consistent with statute,
judges shall have the responsibility to eliminate delay in the
progress and ultimate resolution of litigation, to assume and
maintain control over the pace of litigation, to actively manage the
processing of litigation from commencement to disposition, and to
compel attorneys and litigants to prepare and resolve all litigation
without delay, from the filing of the first document invoking court
jurisdiction to final disposition of the action.
The judges of the program shall, consistent with the policies of
this article:
(a) Actively monitor, supervise and control the movement of all
cases assigned to the program from the time of filing of the first
document invoking court jurisdiction through final disposition.
(b) Seek to meet the standards for timely disposition adopted
pursuant to Section 68603.
(c) Establish procedures for early identification of cases within
the program which may be protracted and for giving those cases
special administrative and judicial attention as appropriate,
including special assignment.
(d) Establish procedures for early identification and timely and
appropriate handling of cases within the program which may be
amenable to settlement or other alternative disposition techniques.
(e) Adopt a trial setting policy which, to the maximum extent
possible, schedules a trial date within the time standards adopted
pursuant to Section 68603 and which schedules a sufficient number of
cases to ensure efficient use of judicial time while minimizing
resetting caused by overscheduling.
(f) Commence trials on the date scheduled.
(g) Adopt and utilize a firm, consistent policy against
continuances, to the maximum extent possible and reasonable, in all
stages of the litigation.
68607.5. No action or proceeding may be removed from a delay
reduction program because of a challenge filed under Section 170.6 of
the Code of Civil Procedure.
68608. (a) Juvenile, probate, and domestic relations cases shall
not be assigned to a delay reduction program, and cases which have
been assigned to a judge or judges for all purposes based on subject
matter need not be assigned to the program.
(b) Judges shall have all the powers to impose sanctions
authorized by law, including the power to dismiss actions or strike
pleadings, if it appears that less severe sanctions would not be
effective after taking into account the effect of previous sanctions
or previous lack of compliance in the case. Judges are encouraged to
impose sanctions to achieve the purposes of this article.
(c) This section shall become operative July 1, 1992.
68609. (a) The presiding judge of each superior court with an
exemplary delay reduction program shall assign a pro rata share of
new cases, and an appropriate number of existing cases, to the
program, and these cases shall thereafter be handled by the judges of
the program for all purposes.
(b) Juvenile, probate, and domestic relations cases shall not be
assigned to an exemplary delay reduction program, and cases which
have been assigned to a judge or judges for all purposes based on
subject matter need not be assigned to the program.
(c) No case shall be removed from an exemplary delay reduction
program because of a challenge filed under Section 170.6 of the Code
of Civil Procedure.
(d) In order to enforce the requirements of an exemplary delay
reduction program and orders issued in cases assigned to it, the
judges of the program shall have all the powers to impose sanctions
authorized by law, including the power to dismiss actions or strike
pleadings, if it appears that less severe sanctions would not be
effective after taking into account the effect of previous sanctions
or previous lack of compliance in the case. Judges are encouraged to
impose sanctions to achieve the purposes of this article.
(e) This section shall cease to be operative on July 1, 1992.
68609.5. Each court and the Judicial Council, under subdivision (b)
of Section 68619, shall adopt rules to allow for the arbitration of
cases designated by the court as "Uninsured Motorist" in which an
action is filed against a defendant who is an uninsured motorist and
the plaintiff's claim is subject to an arbitration provision.
68610. The Judicial Council, in conjunction with other interested
groups as it determines appropriate, may prepare and administer a
program, consistent with the policies and requirements of this
article, for the training of judges in administering the delay
reduction program.
68612. Judges shall, in consultation with the bar of the county to
the maximum extent feasible develop and publish the procedures,
standards, and policies which will be used in the program, including
time standards for the conclusion of all critical steps in the
litigation process, including discovery, and shall meet on a regular
basis with the bar of the county in order to explain and publicize
the program and the procedures, standards, and policies which shall
govern cases assigned to the program. The procedures, standards, and
policies to be used in the program shall be filed, distributed, and
maintained pursuant to Section 68071 and the California Rules of
Court, and shall also be published for general distribution. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all of such procedures, standards, or
policies on a statewide basis.
68613. The Judicial Council may receive and expend on the programs
established by this article any funds available from county, state,
or federal government or other sources which may be available for
such purposes.
68614. Nothing in this article is intended to prevent a presiding
judge from directing the use of the methods of delay reduction
specified in Section 68607 by judges who are not part of an exemplary
delay reduction program.
This section shall cease to be operative on July 1, 1992.
68615. In its discretion, the Judicial Council may contract out for
performance of any of the duties imposed by this article.
68616. Delay reduction rules shall not require shorter time periods
than as follows:
(a) Service of the complaint within 60 days after filing.
Exceptions, for longer periods of time, (1) may be granted as
authorized by local rule, and (2) shall be granted on a showing that
service could not reasonably be achieved within the time required
with the exercise of due diligence, consistent with the amount in
controversy.
(b) Service of responsive pleadings within 30 days after service
of the complaint. The parties may stipulate to an additional 15 days.
Exceptions, for longer periods of time, may be granted as authorized
by local rule.
(c) Time for service of notice or other paper under Sections 1005
and 1013 of the Code of Civil Procedure, and time to plead after
service of summons under Section 412.20 of the Code of Civil
Procedure, shall not be shortened, except as provided in those
sections.
(d) Within 30 days of service of the responsive pleadings, the
parties may, by stipulation filed with the court, agree to a single
continuance not to exceed 30 days.
It is the intent of the Legislature that these stipulations not
detract from the efforts of the courts to comply with standards of
timely disposition. To this extent, the Judicial Council shall
develop statistics that distinguish between cases involving, and not
involving, these stipulations.
(e) A status conference, or similar event, other than a challenge
to the jurisdiction of the court, shall not be required to be
conducted sooner than 30 days after service of the first responsive
pleadings, or 30 days after expiration of a stipulated continuance,
if any, pursuant to subdivision (d).
(f) Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure shall govern discovery, except in arbitration
proceedings.
(g) A case shall not be referred to arbitration prior to 210 days
after the filing of the complaint, exclusive of the stipulated period
provided for in subdivision (d). Any rule adopted pursuant to this
article shall not contravene Sections 638 and 639 of the Code of
Civil Procedure.
(h) Unnamed (DOE) defendants shall not be dismissed or severed
prior to the conclusion of the introduction of evidence at trial,
except upon stipulation or motion of the parties.
68617. On or before October 30, 2002, the Judicial Council shall
submit a report to the Legislature and the Governor regarding the
effectiveness of the Centers for Complex Litigation established
pursuant to the Budget Act of 1999. The report shall examine, among
other things, the number of complex cases filed, the impact of the
centers on case and calendar management, and the impact on the trial
courts, the attorneys, and the parties, and shall make
recommendations to the Legislature and the Governor.
68619. (a) The Judicial Council shall review all local delay
reduction rules adopted by courts and any revisions or new rules
adopted by them and make recommendations to the courts of revisions
so that these rules are consistent, to the extent desirable, with
other court rules.
(b) The Judicial Council shall adopt uniform delay reduction rules
which shall apply to any court that adopts a delay reduction program
pursuant to Section 68618.
This subdivision shall cease to be operative on July 1, 1992.
68620. (a) Each superior court shall establish a delay reduction
program for limited civil cases in consultation with the local bar
that is consistent with the provisions of this article. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all procedures, standards, or policies
for a delay reduction program for limited civil cases in superior
courts on a statewide basis which are consistent with the provisions
of the Trial Court Delay Reduction Act.
(b) Actions and proceedings subject to the provisions of Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the
Code of Civil Procedure or provisions of Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure may
not be assigned to or governed by the provisions of any delay
reduction program established pursuant to this section.
(c) It is the intent of the Legislature that the civil discovery
in actions and proceedings subject to a program established pursuant
to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1
of Part 1 of the Code of Civil Procedure shall be governed by the
times and procedures specified in that article. Civil discovery in
these actions and proceedings is not affected by the provisions of
any delay reduction program adopted pursuant to this section.
68600. This article shall be known and may be cited as the Trial
Court Delay Reduction Act.
68603. (a) The Judicial Council shall adopt standards of timely
disposition for the processing and disposition of civil and criminal
actions. The standards shall be guidelines by which the progress of
litigation in the superior court of every county may be measured. In
establishing these standards, the Judicial Council shall be guided by
the principles that litigation, from commencement to resolution,
should require only that time reasonably necessary for pleadings,
discovery, preparation, and court events, and that any additional
elapsed time is delay and should be eliminated.
(b) The Judicial Council may adopt the standards of timely
disposition adopted by the National Conference of State Trial Judges
and the American Bar Association or may adopt different standards,
but in the latter event shall specify reasons for approval of any
standard which permits greater elapsed time for the resolution of
litigation than that provided in the standards of the National
Conference of State Trial Judges.
(c) The Judicial Council shall adopt rules effective July 1, 1991,
to be used by all delay reduction courts, establishing a case
differentiation classification system based on the relative
complexity of cases. The rules shall provide longer periods for the
timely disposition of more complex cases. The rules may provide a
presumption that all cases, when filed, shall be classified in the
least complex category.
68604. The Judicial Council shall collect and maintain statistics,
and shall publish them at least on a yearly basis, regarding the
compliance of the superior court of each county and of each branch
court with the standards of timely disposition adopted pursuant to
Section 68603. In collecting and publishing these statistics, the
Judicial Council shall measure the time required for the resolution
of civil cases from the filing of the first document invoking court
jurisdiction, and for the resolution of criminal cases from the date
of arrest, including a separate measurement in felony cases from the
first appearance in superior court. The Judicial Council shall report
its findings and recommendations to the Legislature in a biennial
Report on the State of California's Civil and Criminal Justice
Systems.
The Judicial Council shall conduct a two-year study on the
stipulated continuance authorized by subdivision (c) of Section
68616.
68605. The Judicial Council shall designate the four superior
courts with 18 or more judicial positions which, as of June 30, 1986,
had the highest ratio per judicial position of at-issue civil cases
pending more than one year, and the five superior courts with more
than eight judicial positions, not otherwise designated, with the
highest such ratio. In each such court, an exemplary delay reduction
program shall be established. The superior court of any other county,
at the option of the presiding judge, may elect to establish an
exemplary delay reduction program, and the Judicial Council may
designate additional superior courts for participation in an
exemplary delay reduction program.
This section shall cease to be operative on July 1, 1992.
68605.5. On and after July 1, 1992, this article shall apply to all
actions and proceedings in the superior court in each county, except
actions and proceedings subject to subdivision (a) of Section 68608
or subdivision (b) of Section 68609.
68606. In each of the counties in which an exemplary delay
reduction program is established, the presiding judge shall, (a)
select a sufficient number of judges for the program that will
provide, consistent with the size of the court, an adequate basis for
determining the effectiveness of the methods for reducing delay
specified in this article; and (b) identify the particular judges who
will participate in the program. However, a minimum of four judges
shall be included in the program. Each presiding judge may select,
and is encouraged to select, all the judges of the superior court or
the branch of a superior court as the judges of an exemplary delay
reduction program.
This section shall cease to be operative on July 1, 1992.
68607. In accordance with this article and consistent with statute,
judges shall have the responsibility to eliminate delay in the
progress and ultimate resolution of litigation, to assume and
maintain control over the pace of litigation, to actively manage the
processing of litigation from commencement to disposition, and to
compel attorneys and litigants to prepare and resolve all litigation
without delay, from the filing of the first document invoking court
jurisdiction to final disposition of the action.
The judges of the program shall, consistent with the policies of
this article:
(a) Actively monitor, supervise and control the movement of all
cases assigned to the program from the time of filing of the first
document invoking court jurisdiction through final disposition.
(b) Seek to meet the standards for timely disposition adopted
pursuant to Section 68603.
(c) Establish procedures for early identification of cases within
the program which may be protracted and for giving those cases
special administrative and judicial attention as appropriate,
including special assignment.
(d) Establish procedures for early identification and timely and
appropriate handling of cases within the program which may be
amenable to settlement or other alternative disposition techniques.
(e) Adopt a trial setting policy which, to the maximum extent
possible, schedules a trial date within the time standards adopted
pursuant to Section 68603 and which schedules a sufficient number of
cases to ensure efficient use of judicial time while minimizing
resetting caused by overscheduling.
(f) Commence trials on the date scheduled.
(g) Adopt and utilize a firm, consistent policy against
continuances, to the maximum extent possible and reasonable, in all
stages of the litigation.
68607.5. No action or proceeding may be removed from a delay
reduction program because of a challenge filed under Section 170.6 of
the Code of Civil Procedure.
68608. (a) Juvenile, probate, and domestic relations cases shall
not be assigned to a delay reduction program, and cases which have
been assigned to a judge or judges for all purposes based on subject
matter need not be assigned to the program.
(b) Judges shall have all the powers to impose sanctions
authorized by law, including the power to dismiss actions or strike
pleadings, if it appears that less severe sanctions would not be
effective after taking into account the effect of previous sanctions
or previous lack of compliance in the case. Judges are encouraged to
impose sanctions to achieve the purposes of this article.
(c) This section shall become operative July 1, 1992.
68609. (a) The presiding judge of each superior court with an
exemplary delay reduction program shall assign a pro rata share of
new cases, and an appropriate number of existing cases, to the
program, and these cases shall thereafter be handled by the judges of
the program for all purposes.
(b) Juvenile, probate, and domestic relations cases shall not be
assigned to an exemplary delay reduction program, and cases which
have been assigned to a judge or judges for all purposes based on
subject matter need not be assigned to the program.
(c) No case shall be removed from an exemplary delay reduction
program because of a challenge filed under Section 170.6 of the Code
of Civil Procedure.
(d) In order to enforce the requirements of an exemplary delay
reduction program and orders issued in cases assigned to it, the
judges of the program shall have all the powers to impose sanctions
authorized by law, including the power to dismiss actions or strike
pleadings, if it appears that less severe sanctions would not be
effective after taking into account the effect of previous sanctions
or previous lack of compliance in the case. Judges are encouraged to
impose sanctions to achieve the purposes of this article.
(e) This section shall cease to be operative on July 1, 1992.
68609.5. Each court and the Judicial Council, under subdivision (b)
of Section 68619, shall adopt rules to allow for the arbitration of
cases designated by the court as "Uninsured Motorist" in which an
action is filed against a defendant who is an uninsured motorist and
the plaintiff's claim is subject to an arbitration provision.
68610. The Judicial Council, in conjunction with other interested
groups as it determines appropriate, may prepare and administer a
program, consistent with the policies and requirements of this
article, for the training of judges in administering the delay
reduction program.
68612. Judges shall, in consultation with the bar of the county to
the maximum extent feasible develop and publish the procedures,
standards, and policies which will be used in the program, including
time standards for the conclusion of all critical steps in the
litigation process, including discovery, and shall meet on a regular
basis with the bar of the county in order to explain and publicize
the program and the procedures, standards, and policies which shall
govern cases assigned to the program. The procedures, standards, and
policies to be used in the program shall be filed, distributed, and
maintained pursuant to Section 68071 and the California Rules of
Court, and shall also be published for general distribution. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all of such procedures, standards, or
policies on a statewide basis.
68613. The Judicial Council may receive and expend on the programs
established by this article any funds available from county, state,
or federal government or other sources which may be available for
such purposes.
68614. Nothing in this article is intended to prevent a presiding
judge from directing the use of the methods of delay reduction
specified in Section 68607 by judges who are not part of an exemplary
delay reduction program.
This section shall cease to be operative on July 1, 1992.
68615. In its discretion, the Judicial Council may contract out for
performance of any of the duties imposed by this article.
68616. Delay reduction rules shall not require shorter time periods
than as follows:
(a) Service of the complaint within 60 days after filing.
Exceptions, for longer periods of time, (1) may be granted as
authorized by local rule, and (2) shall be granted on a showing that
service could not reasonably be achieved within the time required
with the exercise of due diligence, consistent with the amount in
controversy.
(b) Service of responsive pleadings within 30 days after service
of the complaint. The parties may stipulate to an additional 15 days.
Exceptions, for longer periods of time, may be granted as authorized
by local rule.
(c) Time for service of notice or other paper under Sections 1005
and 1013 of the Code of Civil Procedure, and time to plead after
service of summons under Section 412.20 of the Code of Civil
Procedure, shall not be shortened, except as provided in those
sections.
(d) Within 30 days of service of the responsive pleadings, the
parties may, by stipulation filed with the court, agree to a single
continuance not to exceed 30 days.
It is the intent of the Legislature that these stipulations not
detract from the efforts of the courts to comply with standards of
timely disposition. To this extent, the Judicial Council shall
develop statistics that distinguish between cases involving, and not
involving, these stipulations.
(e) A status conference, or similar event, other than a challenge
to the jurisdiction of the court, shall not be required to be
conducted sooner than 30 days after service of the first responsive
pleadings, or 30 days after expiration of a stipulated continuance,
if any, pursuant to subdivision (d).
(f) Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure shall govern discovery, except in arbitration
proceedings.
(g) A case shall not be referred to arbitration prior to 210 days
after the filing of the complaint, exclusive of the stipulated period
provided for in subdivision (d). Any rule adopted pursuant to this
article shall not contravene Sections 638 and 639 of the Code of
Civil Procedure.
(h) Unnamed (DOE) defendants shall not be dismissed or severed
prior to the conclusion of the introduction of evidence at trial,
except upon stipulation or motion of the parties.
68617. On or before October 30, 2002, the Judicial Council shall
submit a report to the Legislature and the Governor regarding the
effectiveness of the Centers for Complex Litigation established
pursuant to the Budget Act of 1999. The report shall examine, among
other things, the number of complex cases filed, the impact of the
centers on case and calendar management, and the impact on the trial
courts, the attorneys, and the parties, and shall make
recommendations to the Legislature and the Governor.
68619. (a) The Judicial Council shall review all local delay
reduction rules adopted by courts and any revisions or new rules
adopted by them and make recommendations to the courts of revisions
so that these rules are consistent, to the extent desirable, with
other court rules.
(b) The Judicial Council shall adopt uniform delay reduction rules
which shall apply to any court that adopts a delay reduction program
pursuant to Section 68618.
This subdivision shall cease to be operative on July 1, 1992.
68620. (a) Each superior court shall establish a delay reduction
program for limited civil cases in consultation with the local bar
that is consistent with the provisions of this article. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all procedures, standards, or policies
for a delay reduction program for limited civil cases in superior
courts on a statewide basis which are consistent with the provisions
of the Trial Court Delay Reduction Act.
(b) Actions and proceedings subject to the provisions of Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the
Code of Civil Procedure or provisions of Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure may
not be assigned to or governed by the provisions of any delay
reduction program established pursuant to this section.
(c) It is the intent of the Legislature that the civil discovery
in actions and proceedings subject to a program established pursuant
to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1
of Part 1 of the Code of Civil Procedure shall be governed by the
times and procedures specified in that article. Civil discovery in
these actions and proceedings is not affected by the provisions of
any delay reduction program adopted pursuant to this section.
68600. This article shall be known and may be cited as the Trial
Court Delay Reduction Act.
68603. (a) The Judicial Council shall adopt standards of timely
disposition for the processing and disposition of civil and criminal
actions. The standards shall be guidelines by which the progress of
litigation in the superior court of every county may be measured. In
establishing these standards, the Judicial Council shall be guided by
the principles that litigation, from commencement to resolution,
should require only that time reasonably necessary for pleadings,
discovery, preparation, and court events, and that any additional
elapsed time is delay and should be eliminated.
(b) The Judicial Council may adopt the standards of timely
disposition adopted by the National Conference of State Trial Judges
and the American Bar Association or may adopt different standards,
but in the latter event shall specify reasons for approval of any
standard which permits greater elapsed time for the resolution of
litigation than that provided in the standards of the National
Conference of State Trial Judges.
(c) The Judicial Council shall adopt rules effective July 1, 1991,
to be used by all delay reduction courts, establishing a case
differentiation classification system based on the relative
complexity of cases. The rules shall provide longer periods for the
timely disposition of more complex cases. The rules may provide a
presumption that all cases, when filed, shall be classified in the
least complex category.
68604. The Judicial Council shall collect and maintain statistics,
and shall publish them at least on a yearly basis, regarding the
compliance of the superior court of each county and of each branch
court with the standards of timely disposition adopted pursuant to
Section 68603. In collecting and publishing these statistics, the
Judicial Council shall measure the time required for the resolution
of civil cases from the filing of the first document invoking court
jurisdiction, and for the resolution of criminal cases from the date
of arrest, including a separate measurement in felony cases from the
first appearance in superior court. The Judicial Council shall report
its findings and recommendations to the Legislature in a biennial
Report on the State of California's Civil and Criminal Justice
Systems.
The Judicial Council shall conduct a two-year study on the
stipulated continuance authorized by subdivision (c) of Section
68616.
68605. The Judicial Council shall designate the four superior
courts with 18 or more judicial positions which, as of June 30, 1986,
had the highest ratio per judicial position of at-issue civil cases
pending more than one year, and the five superior courts with more
than eight judicial positions, not otherwise designated, with the
highest such ratio. In each such court, an exemplary delay reduction
program shall be established. The superior court of any other county,
at the option of the presiding judge, may elect to establish an
exemplary delay reduction program, and the Judicial Council may
designate additional superior courts for participation in an
exemplary delay reduction program.
This section shall cease to be operative on July 1, 1992.
68605.5. On and after July 1, 1992, this article shall apply to all
actions and proceedings in the superior court in each county, except
actions and proceedings subject to subdivision (a) of Section 68608
or subdivision (b) of Section 68609.
68606. In each of the counties in which an exemplary delay
reduction program is established, the presiding judge shall, (a)
select a sufficient number of judges for the program that will
provide, consistent with the size of the court, an adequate basis for
determining the effectiveness of the methods for reducing delay
specified in this article; and (b) identify the particular judges who
will participate in the program. However, a minimum of four judges
shall be included in the program. Each presiding judge may select,
and is encouraged to select, all the judges of the superior court or
the branch of a superior court as the judges of an exemplary delay
reduction program.
This section shall cease to be operative on July 1, 1992.
68607. In accordance with this article and consistent with statute,
judges shall have the responsibility to eliminate delay in the
progress and ultimate resolution of litigation, to assume and
maintain control over the pace of litigation, to actively manage the
processing of litigation from commencement to disposition, and to
compel attorneys and litigants to prepare and resolve all litigation
without delay, from the filing of the first document invoking court
jurisdiction to final disposition of the action.
The judges of the program shall, consistent with the policies of
this article:
(a) Actively monitor, supervise and control the movement of all
cases assigned to the program from the time of filing of the first
document invoking court jurisdiction through final disposition.
(b) Seek to meet the standards for timely disposition adopted
pursuant to Section 68603.
(c) Establish procedures for early identification of cases within
the program which may be protracted and for giving those cases
special administrative and judicial attention as appropriate,
including special assignment.
(d) Establish procedures for early identification and timely and
appropriate handling of cases within the program which may be
amenable to settlement or other alternative disposition techniques.
(e) Adopt a trial setting policy which, to the maximum extent
possible, schedules a trial date within the time standards adopted
pursuant to Section 68603 and which schedules a sufficient number of
cases to ensure efficient use of judicial time while minimizing
resetting caused by overscheduling.
(f) Commence trials on the date scheduled.
(g) Adopt and utilize a firm, consistent policy against
continuances, to the maximum extent possible and reasonable, in all
stages of the litigation.
68607.5. No action or proceeding may be removed from a delay
reduction program because of a challenge filed under Section 170.6 of
the Code of Civil Procedure.
68608. (a) Juvenile, probate, and domestic relations cases shall
not be assigned to a delay reduction program, and cases which have
been assigned to a judge or judges for all purposes based on subject
matter need not be assigned to the program.
(b) Judges shall have all the powers to impose sanctions
authorized by law, including the power to dismiss actions or strike
pleadings, if it appears that less severe sanctions would not be
effective after taking into account the effect of previous sanctions
or previous lack of compliance in the case. Judges are encouraged to
impose sanctions to achieve the purposes of this article.
(c) This section shall become operative July 1, 1992.
68609. (a) The presiding judge of each superior court with an
exemplary delay reduction program shall assign a pro rata share of
new cases, and an appropriate number of existing cases, to the
program, and these cases shall thereafter be handled by the judges of
the program for all purposes.
(b) Juvenile, probate, and domestic relations cases shall not be
assigned to an exemplary delay reduction program, and cases which
have been assigned to a judge or judges for all purposes based on
subject matter need not be assigned to the program.
(c) No case shall be removed from an exemplary delay reduction
program because of a challenge filed under Section 170.6 of the Code
of Civil Procedure.
(d) In order to enforce the requirements of an exemplary delay
reduction program and orders issued in cases assigned to it, the
judges of the program shall have all the powers to impose sanctions
authorized by law, including the power to dismiss actions or strike
pleadings, if it appears that less severe sanctions would not be
effective after taking into account the effect of previous sanctions
or previous lack of compliance in the case. Judges are encouraged to
impose sanctions to achieve the purposes of this article.
(e) This section shall cease to be operative on July 1, 1992.
68609.5. Each court and the Judicial Council, under subdivision (b)
of Section 68619, shall adopt rules to allow for the arbitration of
cases designated by the court as "Uninsured Motorist" in which an
action is filed against a defendant who is an uninsured motorist and
the plaintiff's claim is subject to an arbitration provision.
68610. The Judicial Council, in conjunction with other interested
groups as it determines appropriate, may prepare and administer a
program, consistent with the policies and requirements of this
article, for the training of judges in administering the delay
reduction program.
68612. Judges shall, in consultation with the bar of the county to
the maximum extent feasible develop and publish the procedures,
standards, and policies which will be used in the program, including
time standards for the conclusion of all critical steps in the
litigation process, including discovery, and shall meet on a regular
basis with the bar of the county in order to explain and publicize
the program and the procedures, standards, and policies which shall
govern cases assigned to the program. The procedures, standards, and
policies to be used in the program shall be filed, distributed, and
maintained pursuant to Section 68071 and the California Rules of
Court, and shall also be published for general distribution. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all of such procedures, standards, or
policies on a statewide basis.
68613. The Judicial Council may receive and expend on the programs
established by this article any funds available from county, state,
or federal government or other sources which may be available for
such purposes.
68614. Nothing in this article is intended to prevent a presiding
judge from directing the use of the methods of delay reduction
specified in Section 68607 by judges who are not part of an exemplary
delay reduction program.
This section shall cease to be operative on July 1, 1992.
68615. In its discretion, the Judicial Council may contract out for
performance of any of the duties imposed by this article.
68616. Delay reduction rules shall not require shorter time periods
than as follows:
(a) Service of the complaint within 60 days after filing.
Exceptions, for longer periods of time, (1) may be granted as
authorized by local rule, and (2) shall be granted on a showing that
service could not reasonably be achieved within the time required
with the exercise of due diligence, consistent with the amount in
controversy.
(b) Service of responsive pleadings within 30 days after service
of the complaint. The parties may stipulate to an additional 15 days.
Exceptions, for longer periods of time, may be granted as authorized
by local rule.
(c) Time for service of notice or other paper under Sections 1005
and 1013 of the Code of Civil Procedure, and time to plead after
service of summons under Section 412.20 of the Code of Civil
Procedure, shall not be shortened, except as provided in those
sections.
(d) Within 30 days of service of the responsive pleadings, the
parties may, by stipulation filed with the court, agree to a single
continuance not to exceed 30 days.
It is the intent of the Legislature that these stipulations not
detract from the efforts of the courts to comply with standards of
timely disposition. To this extent, the Judicial Council shall
develop statistics that distinguish between cases involving, and not
involving, these stipulations.
(e) A status conference, or similar event, other than a challenge
to the jurisdiction of the court, shall not be required to be
conducted sooner than 30 days after service of the first responsive
pleadings, or 30 days after expiration of a stipulated continuance,
if any, pursuant to subdivision (d).
(f) Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure shall govern discovery, except in arbitration
proceedings.
(g) A case shall not be referred to arbitration prior to 210 days
after the filing of the complaint, exclusive of the stipulated period
provided for in subdivision (d). Any rule adopted pursuant to this
article shall not contravene Sections 638 and 639 of the Code of
Civil Procedure.
(h) Unnamed (DOE) defendants shall not be dismissed or severed
prior to the conclusion of the introduction of evidence at trial,
except upon stipulation or motion of the parties.
68617. On or before October 30, 2002, the Judicial Council shall
submit a report to the Legislature and the Governor regarding the
effectiveness of the Centers for Complex Litigation established
pursuant to the Budget Act of 1999. The report shall examine, among
other things, the number of complex cases filed, the impact of the
centers on case and calendar management, and the impact on the trial
courts, the attorneys, and the parties, and shall make
recommendations to the Legislature and the Governor.
68619. (a) The Judicial Council shall review all local delay
reduction rules adopted by courts and any revisions or new rules
adopted by them and make recommendations to the courts of revisions
so that these rules are consistent, to the extent desirable, with
other court rules.
(b) The Judicial Council shall adopt uniform delay reduction rules
which shall apply to any court that adopts a delay reduction program
pursuant to Section 68618.
This subdivision shall cease to be operative on July 1, 1992.
68620. (a) Each superior court shall establish a delay reduction
program for limited civil cases in consultation with the local bar
that is consistent with the provisions of this article. In its
discretion, the Judicial Council may assist in the development of, or
may develop and adopt, any or all procedures, standards, or policies
for a delay reduction program for limited civil cases in superior
courts on a statewide basis which are consistent with the provisions
of the Trial Court Delay Reduction Act.
(b) Actions and proceedings subject to the provisions of Chapter
5.5 (commencing with Section 116.110) of Title 1 of Part 1 of the
Code of Civil Procedure or provisions of Chapter 4 (commencing with
Section 1159) of Title 3 of Part 3 of the Code of Civil Procedure may
not be assigned to or governed by the provisions of any delay
reduction program established pursuant to this section.
(c) It is the intent of the Legislature that the civil discovery
in actions and proceedings subject to a program established pursuant
to Article 2 (commencing with Section 90) of Chapter 5.1 of Title 1
of Part 1 of the Code of Civil Procedure shall be governed by the
times and procedures specified in that article. Civil discovery in
these actions and proceedings is not affected by the provisions of
any delay reduction program adopted pursuant to this section.
