There is a third category of exceptional cases, sometimes called complex cases, which are so complicated because of the number of parties and issues involved that they have a three-year external border to be settled either by judicial proceedings or by settlement. The superior courts of the State of California are subject to the “Fast Track” system, more formally known as the Trial Court Delay Reduction Act (Government Code § 68600 et seq.). This part of the Government Act governs how the courts deal with litigation. Prior to the passage of this law, lawyers were primarily responsible for the advancement of their affairs. Under the expedited rules, it is the court, and more specifically the judge, who is responsible for taking and maintaining control of the dispute, not the lawyers. It is the court that is responsible for different time limits within which the judge must try to close the case either by way of procedure or by settlement. The rule basically states that 75% of submitted cases must be resolved within 12 months, 85% within 18 months and 100% of cases within 2 years of filing the complaint. (C.R.C. 209(b)(1) – Standards of Court Administration §2.1(f)(1) California Rules of Court C.R.C. Schedule Division 1).
(1) A party shall apply to the court if he wishes to change the date fixed by the court: (2) A date fixed by the court or these Rules for the performance of an act may not be changed by the parties if the amendment makes it necessary to change any of the dates referred to in clause (1). (5) The power of the court to determine the costs of proceedings is limited in accordance with Division VI of Part 45. Prior to the introduction of the expedited system, it was very common for cases to take up to five years or more to finalize, as lawyers were responsible for the continuation of cases and the pace at which the case would progress. It is now the judge`s responsibility to ensure that each case moves relatively quickly through litigation and meets various time standards monitored by the court for various hearings, such as case management and status conferences. The court actively oversees the control of all cases and has almost completely removed this role of lawyers. Particularly important, under the expedited procedure rule as contained in government law, judges must schedule fixed hearings without prosecution and these trials must begin on the scheduled date. With regard to the expedited system, the speed at which the dispute progresses is such that the various important parts of the dispute, such as discovery, i.e. obtaining testimony and conducting hearings, have to be dealt with much earlier than before. As a result, litigation in a particular case is usually compressed in a shorter time frame than was usually the case before Fast Track. The litigation firm or lawyer must therefore make certain assessments as soon as possible as to how to deal with the case, whether the case should be resolved, whether the case should go to court and how much money should be spent, how much investigation should be undertaken and whether an alternative dispute resolution method should be used. such as mediation or binding arbitration as an economic approach.
Therefore, when initiating a dispute under the accelerated system, it is extremely important that the case is analysed from the outset with due regard to the problems, the complexity of those issues, the chances of success in the case, whether there is a more cost-effective method of dispute resolution and when settlement should be considered. (Rule 2.11 allows the parties to change a date by written agreement, unless the rules provide otherwise or the court orders otherwise.) (c) the court considers that a hearing is necessary to decide on the instructions to be given in order to complete the preparation of the proceedings; 1. The court sends the parties a pre-litigation checklist (questionnaire) to be completed and returned on the date indicated in the award notice, unless it considers that, without the need for a pre-trial checklist, the application can be continued. (Part 27 sets out the procedure for small claims claims.) (2) The deadline for submitting a pre-trial checklist is not more than 8 weeks before the date of the hearing or the start of the probationary period. (b) any test instructions, including a test schedule, that it considers appropriate; and (b) identify the documents or classes of documents that the parties are required to disclose. In every civil case, there is always a cost-benefit analysis. The question always arises: What is the advantage of taking this case to court, compared to its cost versus the probability of success? These three factors must be weighed in all cases. If they are not taken into account from the outset and constantly re-evaluated throughout the case, there is a great potential for the case to take on a life of its own and become prohibitively expensive or that it will be very difficult to achieve an adequate result. 28.7 Unless otherwise ordered by the trial judge, the hearing shall be conducted in accordance with a previous order.