CCLD cases are also governed by a Case Management Order (CMO) that includes all appropriate case deadlines and provides the framework for an orderly completion of all case tasks.  See the PDF to the right for samples of general and case-specific Case Management Orders.  The purpose of these CMOs is to set a fixed and orderly litigation schedule that leads to a firm trial date.  These goals are disclosed to the litigants from the very beginning.  For example, when new parties are added to an existing case, they are immediately provided with a copy of the CMO.  

 

SETTING GUIDEPOSTS.  The CMO also controls the discovery process and the accompanying collateral disputes that otherwise often derail a case.  The CMO sets the final dates for both fact and expert discovery.  In an attempt to effectively manage document discovery, the CMO provides specific deadlines for the service of document requests, production of responsive documents and service of privilege logs.  By setting these guideposts, parties know when responsive discovery will be requested and produced and cases avoid needless delays.  The CCLD may also utilize a Special Discovery Master to hear and decide all discovery disputes, freeing up the judges to try cases.  

 

DEPOSITION DISCOVERY.  The CMO also tempers overly aggressive deposition discovery by requiring the parties to confer and agree upon appropriate limits, dates and deadlines. Parties are required to state the number of fact depositions each will take and are bound to such number unless the court, for good cause shown, extends the limit.  Depositions are limited to seven hours unless extended by agreement or court order.  The parties must also propose dates for the start and completion of depositions of record custodians and all other non-experts. Under this orderly approach, litigants will know very early in the case the number of depositions to be taken and can avoid multiple eleventh hour deposition notices served on the eve of the discovery cut-off date.

 

MOTIONS.  In addition to managing discovery, CMOs schedule the filing of dispositive motions, the pretrial stipulation, jury instructions (if appropriate) and motions in limine.  One important characteristic of the CMO deals with motion practice.  Unlike the current Superior Court practice, motions in the CCLD will be fully briefed and heard at the courts convenience.  All briefs are to conform to Superior Court Civil Rule 107, except that the length of briefs on discovery motions are limited to 10 pages or may be governed by an Order of Reference to a Special Discovery Master.  These changes afford litigants a full and complete opportunity to be heard on all motions submitted to the court.