Understanding California’s CM-110 Form for Trial Case Management

Any civil litigator practicing in California should be comfortable attending case management conferences (CMCs). These are the court hearings where the judge manages the case on the path toward trial. This also means California litigators will need to prepare the CM-110 form required for the hearing, also known as the case management statement form. 

While the CM-110 is a routine filing in civil cases, there are definite best practices for these forms to ensure you navigate the CMC well. Here we review these best practices, as well as pitfalls to avoid, and how to deal with the CMC hearing itself.

Find the form here: CM-110 Form: Trial Case Management

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The importance of the CM-110 is tied to the purpose of the CMC itself. At this hearing, the court may set a trial date or make other orders that will impact the progression of the case. The CM-110 form requires the parties to provide the general facts of the case as well as the overall status of various aspects of the matter, such as service of process on defendants, discovery, and settlement discussions.

While the CM-110 is required by law, it is also an opportunity for a party to shape the court’s perceptions and move the case in the desired direction. Accordingly, if the opposing party is being difficult about discovery or reluctant to enter settlement negotiations, this is the time to bring your grievances to the court’s attention. The CM-110 is the place to do so, setting the stage for a potential in-person hearing at least partially addressing these issues at the CMC.

Completing the CM-110

The case management statement is a multi-page document that asks for a fairly substantial amount of information about the case. The following is an overview of the various sections.

Preliminary information

The CM-110 begins with the information generally included in the heading and caption of most legal pleadings: the attorney information, court information, parties, and case number. In addition, the filing party must check a box indicating whether the matter is a limited (demand of $35,000 or less) or unlimited (over $35,000 demanded) case. A section is included for logistical information on the CMC hearing.

In sections 1 and 2, the submitting parties identify themselves and the filing dates of any complaints or cross-complaints they have filed. In section 3, any plaintiff or cross-complainant provides the status of service of their complaint or cross-complaint. This allows the court to confirm whether all parties have been served, or the reasons they have not been served.

With the right software in place, this preliminary information can be pre-populated directly from the firm’s stored data on that legal matter. Moreover, with access to cloud-based court forms, your firm can ensure it is using the latest, most updated version of CM-110.

Description of case

In section 4, the party provides a description of the case. Subsection 4(a) calls for a brief description of the case, including the causes of action in the complaint or cross-complaint. Subsection 4(b) allows for a more detailed description, including a summary of any damages or equitable relief being sought. 

Trial specifics

In sections 5-8 of the case management statement, the party provides additional information about trial preparation. Specifically, the party must specify whether they want a jury or non-jury trial, when the case will be ready for trial, and any dates of unavailability for trial. Whether you seek a trial quickly or believe the trial should be pushed out further for any reason, now is the time to make yourself heard.

The filing party must also estimate the length of trial, which will help the court with scheduling. It is generally wise to err on the side of caution by making your estimate on the high end (such as 7-10 court days for a trial you believe will take 5 days). However, you must also be reasonable or the court will doubt your credibility. Accordingly, do not ask for a 30-day trial for a case that could realistically be tried in less than a week.

The party must also specify the trial attorney for the case. This is important where the person appearing at the CMC will not be the ultimate trial attorney, a common occurrence at mid-sized or larger firms.

Settlement discussions

You will provide information on settlement discussions in section 10, entitled “alternative dispute resolution (ADR)”. The potential ADR processes include mediation, settlement conferences (conducted with a settlement judge), neutral evaluation, or arbitration. You must indicate which of these processes you are amenable to, as well as whether (1) other parties have agreed to them or (2) they have already been completed.

Other items on the CM-110 form

Various other items on the CM-110 form are important for the court’s scheduling and management of the case. Providing information on anticipated discovery and potential hurdles can help the court anticipate upcoming discovery disputes over issues such as access to electronically stored information (ESI). Details on insurance coverage, jurisdictional issues, and anticipated motions also help the court to know what is coming.

For the sake of accuracy and completeness, it is immensely helpful to avoid having to enter all this information by hand. Clio Draft users can pre-populate case information from their legal matters saved in Clio Manage. They can also collect attorney signatures electronically to avoid the hassle of manual signatures. When trial lawyers use Clio to organize their entire practice, the possibilities grow even more.

Filing and serving the CM-110 form

You are required to file the CM-110 form at least 15 calendar days before the CMC. The method of submission will vary based on the county, but it generally is filed directly with the department where the CMC will be held, either physically or electronically. The case management statement must also be served on all parties, either by mail or another appropriate form of service. There is no filing fee.

While it is advisable to meet the 15-day filing deadline, there is no specified penalty for filing the CM-110 late. Different judges will vary on how strictly they apply this deadline. It is advisable to err on the side of caution and get your case management statement in on time.

Understanding case management conferences

To complete a CM-110 adequately, you first need to understand the purpose of the case management conference (CMC). At the CMC, the court is seeking to understand the overall status of the case and what orders are necessary to manage the case effectively. This means you should be familiar with the contents of your own CM-110, as well as those of other parties to the case.

While courts commonly set trial dates at CMCs, attorneys can also take advantage of the opportunity to condition the court on issues to come, such as potential discovery disputes or likely motions to be filed. Some examples here would be summary judgment motions or motions for bifurcation at trial. Be familiar with these issues prior to the CMC, since it may take some advocacy on your part for the court to manage the case in line with your client’s best interests.

Civil litigators in California must master their CM-110 filings

While the CM-110 is a fairly routine court filing, the court orders made at the case management conference can be critical. This means your CM-110 filings must be held to high standards for accuracy and completeness.

If your firm is regularly completing CM-110s and other court forms for civil matters, maintaining these standards is vital. Clio Draft can automatically fill these forms, create reusable templates, and reduce drafting time by 80%. With this solution, you and your practice could elevate productivity immensely.