How each side can gain leverage at the CMC
Arrive with a credible schedule. Propose realistic discovery cutoffs, motion deadlines, and a trial length grounded in witness counts and exhibits. Judges appreciate specificity, and it frames your case as organized and trial-ready. California Courts
Meet-and-confer like it matters. The Rules require a substantive meet-and-confer at least 30 days before the initial CMC, covering the subjects in Rule 3.727. Arrive prepared to report genuine progress—narrowed issues, agreed discovery search terms/ESI formats, and any ADR window. California Courts+1
File a crisp CM-110. The court leans heavily on the Case Management Statement; an accurate, complete filing can persuade the judge to adopt your proposed schedule and ADR path.
Use the disclosure rule judiciously. If the other side is “playing keep-away,” a timely initial-disclosure demand followed by a documented follow-up can set up CMC discussion—and, if necessary, motion practice with sanctions under the Discovery Act. Justia Law+1
Make ADR work for you. If your case benefits from early mediation (e.g., witness stress, reputational risk, or heavy e-discovery burn), a party can propose a firm mediation date and mediator shortlist in the CM-110.
