You may utilize this webpage only if you have received the Court’s order specifically referring your case to the Trial Setting Process (TSP) for selection of dates for Mandatory Settlement Conference (MSC) and trial. Do not utilize this webpage unless and until you have received the Court’s order specifically referring your case to TSP.
In light of the COVID-19 pandemic, the following process applies for the setting of MSC and trial dates which was temporarily suspended pursuant to the Presiding Judge’s March 17, 2020 Order re: Implementation of Emergency Relief. This process shall remain in effect until further notice by the Court.
How It Works
The Court typically refers cases to TSP through the Case Management Program (CMP) Departments or by special order through the Presiding Judge’s Department.
Upon your receipt of the Court’s order referring your case to TSP, all counsel (including self-represented parties) shall confer and agree upon three (3) potential MSC dates and three (3) potential trial dates. Parties shall promptly utilize the online submission form on this webpage (available below) to submit their preferred dates to the Court.
Plaintiff is the party primarily responsible for submitting the parties’ agreed upon dates to the Court through this webpage. In the event that Plaintiff is unable to do so (i.e., without internet access, out of the office, etc.), Defendant may submit the parties’ agreed upon dates to the Court through this webpage.
When selecting your trial and MSC dates, please note the following:
- Trials are calendared on Mondays and Tuesdays only at 8:30 a.m. in Department 47.
- MSCs are calendared on Monday through Thursday at 9:30 a.m. or 1:30 p.m. in Department 59, approximately 30 court days prior to the trial date.
The Court will review the submitted dates and from those dates, select one (1) MSC date and one (1) trial date. These will be the calendared dates for your case. The Court will provide email confirmation of the calendared MSC and trial dates to the party that submitted the dates.
The parties may not submit dates without attesting that “all parties have conferred and agreed upon the trial and mandatory settlement conference dates” as indicated in the online submission form below.
If the parties do not agree on MSC and trial dates and/or otherwise fail to submit their agreed upon dates on or before the 60th calendar day after the date of the Court’s referral order, the Court will select the dates for MSC and trial and will provide notice to all parties.
Dates That Are Available
When selecting dates for trial and MSC, you may choose any date that is available (i.e., selectable) through the calendar interface provided below. The MSC date must be approximately 30 court days prior to the requested trial date. Once you pre-select a trial date on the calendar interface, the MSC dates that fall outside of this approximate range will appear unavailable for selection (i.e., “grayed out”).
Parties are advised that the longer they wait to submit their preferred dates, the more likely dates that appeared available earlier will be selected by other cases and become unavailable. The calendars below are continuously updated such that dates are closed and appear unavailable as they become filled.
Requirement To Give Notice
Upon receiving email confirmation from the Court confirming the calendared MSC and trial dates, Plaintiff shall file and serve notice of such dates, times, and departments to all parties. If the Defendant is the party that receives such confirmation from the Court, the Defendant shall file and serve such notice.
The Court will provide notice to the parties only in the instance where the Court has selected dates due to failure of the parties to submit their preferred dates in a timely manner.
Trial Date and Mandatory Settlement Conference Date Submission Form
Motions to Extend Selection Period or to Set Earlier MSC
Motions or applications to extend the 60-day time period to select trial and MSC dates through TSP must be made to the assigned Case Management Program (CMP) Department or to the Presiding Judge in Department 47 if the Presiding Judge referred the case to TSP by special order. Hearing dates for such motions must be reserved in advance of filing and prior to the expiration of the 60-day time period.
If you wish to have a MSC earlier or later than approximately 30 days prior to the trial date, you must apply to the Supervising Settlement Judge in Department 59 to request a specially-set MSC to replace the MSC date selected through TSP. If you wish to have an early Voluntary Settlement Conference (VSC), you must contact the Supervising Settlement Judge in Department 59.
Cases with Statutory Preference
In the event that a party in a case with a granted statutory preference requires a specially-set trial date that is unavailable through this webpage, such request must be made by application or motion to the Presiding Judge in Department 47. Cases seeking statutory preference in the first instance must file a motion on the Department 47 law and motion calendar. In either instance, the parties are advised to select dates through this webpage prior to seeking relief given that the application or motion may not be granted.
Cases with 5-Year or 3-Year Statute Issues
Emergency Rule 10 extended the time in which to bring a civil action to trial for all cases filed on or before April 6, 2020. For such cases, the five-year period in Civil Procedure Code section 583.310 is extended by six months, for a total time of five years and six months. The three-year period in Civil Procedure Code section 583.320 is extended by six months, for a total time of three years and six months.
If the trial dates available on the COVID-19 TSP webpage do not include any dates early enough to satisfy the applicable five-year or three-year timeframes as extended by Emergency Rule 10, the parties are advised to meet and confer regarding extension of the period pursuant to Civil Procedure Code section 583.330(b). If the parties are unable to resolve the issue by stipulation, the parties may file an appropriate application or motion to the Presiding Judge in Department 47.
Notice Regarding COVID-19 Impact & Operations
The Court advises the parties that the Court’s referral of cases to the TSP program for selection of MSC and trial dates is based upon current projections regarding the Court’s anticipated ability and capacity to hold civil trials at the Gordon D. Schaber Courthouse by the time of the dates available through this webpage. The Court will continue to evaluate the environmental conditions and required health and safety measures regarding the COVID-19 pandemic and case backlogs and related impacts on Court operations. The Court will advise if additional changes to future operations, including civil trials, become necessary.