(a) Noncomplex counterdesignation
If a Civil Case Cover Sheet (form CM-010) designating an action as a complex case has been filed and served and the court has not previously declared the action to be a complex case, a defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as not a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.
(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2004.)
(b) Complex counterdesignation
A defendant may file and serve no later than its first appearance a counter Civil Case Cover Sheet (form CM-010) designating the action as a complex case. The court must decide, with or without a hearing, whether the action is a complex case within 30 days after the filing of the counterdesignation.
(Subd (b) amended effective January 1, 2007; previously amended effective July 1, 2004.)
(c) Joint complex designation
A defendant may join the plaintiff in designating an action as a complex case.
Rule 3.402 amended and renumbered effective January 1, 2007; adopted as rule 1811 effective January 1, 2000; previously amended effective July 1, 2004.