Case management in legal terms refers to the schedule of proceedings
involved in a matter. There are various stages in litigation, such as
the filing of a complaint, answers, the discovery process
(interrogatories, subpoenae, depostions, etc.), and motions that occur
before a trial is held or a decision is rendered. Each stage of the
process has a scheduled timeframe in which it must be filed with the
court or completed. When a complaint is filed and a case is assigned to a
judge, the judge will often set forth a schedule for the submission or
completion of the relevant pleadings, court appearances, and other
matters.
For example, in a divorce matter, the judge will attempt to narrow
the issues involved in the case, provide deadlines for filing schedules
of assets, conducting discovery, filing of proposed visitation and
custody plans, and other related matters. Depending on the jurisdiction,
a case management questionaire may need to be filled out. The judge may
also decide to send the parties to arbitration or mediation to settle
disputed matters. The conduct of the case management conference varies
by jurisdiction, so local court rules should be consulted.
A Case management Conference (CMC) is part of the court procedure. It
is a meeting between the judge and the parties (the Plaintiff and the
Defendant). The lawyers representing the parties may also appear at the
conference. A case management conference usually happens after a
plaintiff begins a law suit, but before the trial. The meeting is not a
trial and as such witnesses don't need to be present. The main purpose
of the meeting is to try settling some or all of the issues in dispute
before go.
