The Case Management Statement

Making a good first impression when the judge considers your case for the first time

2025 November

“You never get a second chance to make a first impression.”

The exact origin of the quote is debated, though it is often attributed to the American humorist Will Rogers, and it is even engraved on a plaque at his memorial. The idea behind this quote can easily be applied to our world of Modern Civil Litigation, and more specifically, to the Case Management Statement (“CMS”).

This is a mandatory form to be utilized at the Case Management Conference (“CMC”) in Unlimited Civil Cases/Independent Calendar (“I/C”) Courts. (See, Judicial Council of California, Form CM-110; see also, CRC, rule 3.725 (c).)  This form is supposed to be filed and served “no later than 15 calendar days before” the CMC date. (CRC, rule 3.725 (a).)  Each party is to file a separate CMC statement, or two or more parties may file a “joint” statement. (CRC, rule 3.725 (b).)

Suffice it to state, in my almost 10 years of presiding over an I/C Court, I would estimate that well less than ten percent of parties ever timely file such a statement. Moreover, at least one-third of the parties never even file one before the initial CMC. Indeed, in my days of practicing law as an attorney at Stanley Mosk/Central Courthouse in the late 1980s/early 1990s (once CMC statements were created), if you did not timely file such a statement, the custom and practice was that there was an automatic $250 monetary sanction against the lawyer for violating that rule, made payable to the clerk of the LASC. Offending lawyers routinely paid that sanction without question or fuss. Times have certainly changed.

While I am not a stickler on the “15 day” rule, and I am generally satisfied to actually receive a CMC Statement prior to the commencement of the CMC hearing, my real disappointment is based on the utter lack of effort by most lawyers in preparing this document.

It seems to me that most litigators don’t carefully read the form and truly don’t care and/or appreciate what information it is asking them to provide to the court. This rather unfortunate statement is based upon the simple fact that I have read probably more than 10,000 CMC statements. The vast majority of them do not give all of the requested information. Many times, it isn’t even close.

Admit or deny: Typically, it is a rushed “cut-and paste” exercise by the lawyer (or more likely, by that lawyer’s staff), filed at the last moment.

The first impression

However, one should keep in mind that this is usually the first time the judge actually reads anything or even knows anything about your case. This is how you are giving your first impression io the judge, as a professional, about your case. Do I expect a masterpiece and compelling response to each and every question? Of course not. However, I do expect an actual answer to each applicable question.

Here are the most common problems I see when reviewing the party’s responses in the CMC Statement:

Paragraph 4b

This is the paragraph that is most ignored by the parties, and which is one of the more important ones for the Court for purposes of the initial CMC. The information is very specific – especially for personal injury cases. It states (in italics!): “[I]f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings; if equitable relief is sought, describe the nature of the relief.”

So, how many CMC statements actually comply with this specific request? Less than ten percent. A typical response is classic lawyer cut-and-paste word speak: “Defendant’s auto negligently struck Plaintiff’s auto, causing serious damages, including economic and non-economic damages exceeding $35,000.” This tells me nothing I didn’t already know. I read Paragraph 4a, which told me the type of case, e.g., “Motor Vehicle Accident” or “Personal Injury.” This form first requires a “brief description.” How about: “Rear-end collision,” “Illegal lane change collision.” “Defendant violated right-of-way at intersection.” Give us a brief mechanism of the accident. More importantly, you must “specify the injury.” How about: “Soft tissue – neck or back.” “Broken arm.” T.B.I.,” etc.  Then you must give me a breakdown of the current meds to date, indicating source and amount. A total is helpful, but the form requires some type of itemization. Don’t be afraid to use the attachment. Just check the form and attach a summary of the requested items.

Don’t get me wrong. I do not expect a mini-opening statement or MSC statement. Just answer the form, as is stated, in a precise manner.

Paragraph 13

Notice of Related Cases. This is virtually ignored by most lawyers. Of course, for personal injury cases it is highly unlikely that there is a potential “related case.” But there could be. Some other party could have already beaten you to the courthouse. Please review my previous article of NORC. (See, “To relate, or not to relate? That is the question.”Advocate (June 2022).)

Paragraph 19

Meet and confer. Literally, every lawyer checks box (a), which confirms that that they have “met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain).” Really? Tell the truth. You really did “meet and confer” and discuss all of those subjects? Do you even know what rule 3.724 states? Have you ever read it? Once again, I don’t expect miracles, and that you have actually met and conferred in such required detail. But that is the rule. This is your affirmative representation to the Court, as an officer of the court, that you have actually done this.

Moreover, it should be noted that just immediately above your signature, you are affirming the following: “I am completely familiar with this case and will be fully prepared to discuss the status of discovery and the alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required.”

Ask yourself whether you truly have read and appreciated the above statement before you signed it. Did you even know that it existed?

Unfortunately, the reality is that many lawyers appear at the CMC who literally know nothing about the case.  That problem, however, is perhaps for another future article.

Bottom line: Do the Court, yourself, and your client a favor. Read carefully the CMC Statement. Take it more seriously than you have in the past. Give the Court the required and requested information. Don’t be afraid to use an attachment, if needed. Try to avoid font sizes less than 12 points.

And most of all, when you appear at the CMC, as in the Boy Scouts’ motto creed: “Be prepared.”