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2005 California Family Code Sections 2450-2452 CHAPTER 6. CASE MANAGEMENT
FAMILY.CODESECTION 2450-2452
2450. (a) The purpose of case management is to provide judicial assistance and management to the parties in actions for dissolution of marriage for the purpose of expediting the processing of the case, reducing the expense of litigation, and focusing on early resolution by settlement. (b) On motion of a party, or on the court's own motion, the court shall hold a preliminary status conference for the purpose of considering whether case management shall be undertaken and a case management plan ordered. However, no case management plan shall be ordered absent stipulation of the parties, and the case management plan may be terminated at any time upon stipulation of the parties or order of the court. (c) On stipulation of the parties, the court shall order a case management plan as provided in Section 2451. 2451. A court-ordered case management plan, as stipulated by the parties, may include all of the following: (a) Early neutral case evaluation. (b) Alternative dispute resolution. (c) Limitations on discovery, including temporary suspension pending exploration of settlement. There is a rebuttable presumption that an attorney who carries out discovery as provided in a case management plan has fulfilled his or her duty of care to the client as to the existence of community property. (d) Use of telephone conference calls to ascertain the status of the case, encourage cooperation, and assist counsel in reaching agreement. However, if the court is required to issue an order other than by stipulation, a hearing shall be held. (e) Use of telephone conference calls for hearing contested motions. These conference call hearings shall be recorded by a court reporter. (f) Modification or waiver of the requirements of procedural statutes. (g) The powers of the judicial officer who is managing the case under the case management plan. (h) A requirement that any expert witness be selected by the parties jointly or be appointed by the court. However, if at any time the court determines that the issues for which experts are required cannot be settled under these conditions, the court shall permit each party to employ his or her own expert. (i) Bifurcation of issues for trial. (j) A case management plan pursuant to subdivision (d) of Section 2032 or subdivision (b) of Section 2034. (k) Any other matters. 2452. The Judicial Council may, by rule, modify the procedures set forth in this chapter.
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