Overview
This committee is responsible for providing recommendations to the council relating to the administration of justice in civil proceedings. It is concerned with all aspects of civil practice in the trial courts, from small claims cases to the most complex litigation.
The committee makes recommendations for changes to rules, standards, and forms. It considers proposals from courts, the bar, and the public for improving the administration of justice. It considers methods of strengthening the judicial system through the use of alternative dispute resolution methods, more effective case management, procedural changes, and pilot projects. The committee also reviews pending legislation relating to civil cases, develops legislative proposals, and makes recommendations to the council on legislative issues.
The Civil and Small Claims Advisory Committee has five standing subcommittees as well as ad hoc subcommittees formed as needed to address particular issues, all of which make proposals reviewed and acted on by the advisory committee as a whole. The standing subcommittees are as follows:
- The Alternative Dispute Resolution (ADR) Subcommittee identifies and studies issues and concerns relating to ADR in civil cases and makes recommendations to the full committee on these issues. The subcommittee focuses on developing proposals to enhance the use and quality of court-connected ADR programs.
- The Case Management and Environmental Law Subcommittee aims to amend statewide rules to comply with statutory provisions and to promote best practices in civil litigation. The subcommittee also reviews law and issues related to the environment and recommends pertinent projects to the full committee. The subcommittee’s upcoming projects include possible amendments to rules on expedited CEQA actions and complex coordinated actions.
- The Forms Subcommittee revises and develops standardized forms for use by the public and attorneys in a number of areas of civil practice. Forms recently amended include enforcement of judgment forms, the trial court memorandum of costs, and an order form for unlawful use of personal information.
- The Legislative Subcommittee develops positions on proposed legislation affecting civil practice and procedure through regular meetings during the legislative session and makes recommendations to the council.
- The Protective Orders Subcommittee works with members of other advisory bodies to develop rule and form recommendations that promote consistency and clarity across different types of protective orders while conforming to governing statutes.
Goals
Identify issues and concerns confronting the judiciary regarding civil procedure, practice, and case management and suggest to the Judicial Council appropriate solutions and responses. The committee is continually reviewing legislation and proposing rules and forms to improve the courts’ ability to manage cases in a timely and effective manner, while maintaining the quality of justice. Reducing the cost of civil litigation, improving access to the courts, and establishing uniform statewide rules and procedures are committee priorities.
History
The Civil and Small Claims Advisory Committee was established as part of the council’s reorganization in 1992. Prior to that time, there were several council committees in specialized areas of civil law, including the Small Claims, the Calendar and Caseflow Management, and the Mandatory Arbitration Rules Committees.