What is a Court Calendar Call?
Iowa Courts Use Calendar Calls
Several times a year for many cases, Iowa and federal courts also have what is known as a ‘calendar call’. A calendar call is a meeting of the parties and the judge to call all cases to see if they are settled, contested or if there are any issues needing resolved before trial. It allows the attorneys, the clerk and the judge to know who is representing whom for trial, to make preliminary plans for trial and to determine if a case can be set for trial or needs to be continued. Federal courts, especially in civil cases, often will not set a case for trial until a calendar call is held. Iowa state courts do not have as rigorous of an approach to calendar calls.
What Happens at a Calendar Call?
Typically , the calendar call takes place not more than a few weeks before a trial near the conclusion of the discovery period. It may be held as early as a month or even longer before trial. At the calendar call, the attorneys are questioned by the judge who is going to hear the case as follows: As lawyers, we try to have all the work done that involves getting ready for trial, including depositions, interrogatories, document requests, etc. completed before this meeting. This meeting is a double-edged sword; the attorneys get some face-to-face time with the judge and opposing party to determine what may lie ahead for their trial and it also puts the judge and the parties on notice that the case is going to trial.
The Significance of Court Calendar Calls
A court calendar call, by itself, is just what it seems. It is a call for the calendar. By "the calendar," we mean the list of cases that the court is supposed to hear at the given time. Of course, that list is rarely enough to keep a courtroom of lawyers and witnesses busy throughout the day. So although there are calendar calls, there are also motions dates, court runs and trial dates.
Follow me here. There are calendar calls and there are court runs. And neither one of these is a trial; but that’s not really where I want to go right now. What I want to highlight right now is the fact that a calendar call is a good thing for every party involved in a case. For one thing, it allows the parties to be heard on the issues before the court. If the judge (or any of the lawyers) need to know anything else about the case or the parties, then the calendar call is a good time for those questions, too. This is true for a trial, but a trial’s not really a perfect time for this kind of thing.
Calendars are good for lawyers, too. On a calendar, lawyers are able to confer with opposing counsel on the status of the trial. And they can do that in person. Face-to-face meetings build good will. Every lawyer has a reputation, and every time they show up to court, they build their reputation. That is the same for the clients.
For the client, the process is good, too. Most clients never have to show up for calendar calls. If they do, though, it’s not so bad. In an ideal world, no client would ever have to go to court more than once in their entire live. But you never know what will happen at the calendar call, and it’s much better for a client to be in front of a judge than behind the scene getting frustrated because of lawyers who don’t know how to play nice.
You see, if there’s a problem, and the two lawyers never talked about it before the calendar call, there could very well be a fight. And the judge might wind up being drawn into that fight. Or the judge might realize that the lawyers just didn’t communicate. Either way, somebody (the client) is going to be unhappy. And the judge won’t be very happy either.
Finally, the calendar call is good for the judge, too. It gives him or her a chance to make some big decisions. For example, to decide motions. And all the ripe evidence objections. And the jury questionnaires. It’s hard work, and the judge deserves — as do the lawyers and the clients — a chance to take a breath and make sure they’re all on the same page.
How Court Calendar Calls Operate
Typically, the Calendar Call will be held by The Clerk of Court or a designee. When cases are called for a Calendar Call, the Judge will assign a trial date to each case. The Judge will also set any necessary motions calendar and may also address other trial logistics and issues related to the trial.
In many jurisdictions only cases in which a party is "ready" for trial are assigned a trial date at Calendar Call. If one or all parties are not ready, the case will have to wait for the next Calendar Call, approximately four weeks later. In such circumstances, after the parties "finish" the trial in some other case, then all the ready cases will be reheard, and a trial date will be given at that time. Make sure your lawyer understands the judge’s limitations on how many cases will be assigned a trial date at Calendar Call.
Preparing for a Court Calendar Call
Preparing for a court calendar call should include a thorough review of the pleadings in the matter. You should also have an idea of what the other party might be asking the court to do. I will often suggest to my clients that they imagine that their adversary has the power to grant them only three wishes. Each party at the calendar call then will be limited to those three requests. My clients then try to prioritize their top three requests and that is all we will present to the judge at the calendar call. It is a good exercise for myself and my clients to do before appearing in a court because it helps focus on what is really important and can help clients organize priorities.
Some common mistakes made by parties and their attorneys are: Trying to present an issue before the court that you know will not be decided at the calendar call. For example, if the court calendar call is being addressed to address a motion for summary judgment, you may not want to raise discovery related issues unless they are ripe. If a person has not had the opportunity to take a deposition but wants the court to order the deposition be taken, many judges will not entertain that request. Another common mistake is to not review all applicable court rules before preparing for a calendar call. There are specific court rules with times that motions and other papers must be filed with the court prior to the calendar call. In addition, parties are required to serve copies of the application papers upon the other party so that they will oppose the motion when the court hears the matter. A final common mistake seen is to not concentrate first on the most serious issue in a case. The tendency is always to want to solve all of the problems with a single motion. While this would be great, it rarely happens. Additionally, the court will often give the parties direction on how to move forward after the calendar call. Not preparing your priorities prior to the calendar call can lead to either not getting your issues to the court or getting the judge so upset with the presentation of the issues that the judge decides not to move your case forward.
FAQs Regarding Court Calendar Calls
In most instances, court calendar calls in civil cases are merely administrative matters. A calendar call is a proceeding primarily to determine whether cases will be handled in the order as they appear on the docket and to schedule them for trial.
What is a "Calendar Call" in North Carolina’s District and Superior Courts? In The North Carolina Supreme Court’s language: "Calendar calls are used to engage counsel in determining the progress of pending cases, setting for trial those cases suitable to set, determining the justiciability of cases, scheduling any cases that are not ready for trial, and scheduling the cases set for trial." In other words, a calendar call is a routine administration of all the pending cases before the court: periodic evil ones to ensure that no one case takes up the lion’s share of the court’s time.
Won’t I get a trial date automatically – don’t calendar calls take too long? It’s true that a calendar call typically follows the week of "civil set" or "civil term". But either way a calendar call will generally take place in a courtroom with multiple judge groups represented on the bench. If you have scheduled the call correctly, you will be out of court within one hour or less and it’s possible you’ll never even have to speak to the court (unless there’s another side present) . Even if your case is called, trials will generally take less time than other civil matters and realistic case evaluations from the court will save time.
Can my case be continued at a calendar call? Yes. Calendar calls are intended to help courts handle their dockets more efficiently. In order for the actual trials to move at a quicker pace, it is common practice for the court and attorneys to set aside cases that will need to be continued. Subject to the court’s discretion, the courts will expedite these cases and schedule trials within a month of the original date.
Will I ever have to appear for a calendar call? Many attorneys will have various sections and motions that are scheduled for the same time or within the same month. In these instances, it is possible to group these together to avoid appearing unnecessarily in multiple calendars and this can all be accomplished through case management outside the court system.
Will I ever get to appear before the judge I want at a calendar call? The judges at calendar calls are usually attempting to rotate out upon reaching at least one hundred cases. It is possible to get presented to a judge other than your requested trial judge when you have a serious evidentiary or scheduling issues that is not in dispute.
Possible Obstacles to A Court Calendar Call And How to Overcome Them
While court calendar calls are crucial for maintaining an orderly and efficient court process, they are not without potential challenges for the participants involved. Understanding these challenges and having solutions at hand can make all the difference in the experience of both attorneys and their clients.
Logistical challenges often arise from scheduling conflicts or travel issues. If an attorney has multiple calendar calls in one day or is coming from out of state, it can be impossible to attend all of them in person. Presenting via video conference is always an option. This can save time, travel, and money for all parties involved. Another solution to this issue is to secure a local counsel with the same level of experience who is willing to stand in for the attorney in question and participate via phone or video feed. A quick call to the appropriate clerk’s office will allow you to determine if this is acceptable. In many areas, it is standard practice. Either way, in the event you are late to a calendar call due to circumstances beyond your control, provide the court clerk and opposing counsel immediate notice of your situation and coordinate for an appearance via telephone or video feed upon your arrival.
Legal challenges may arise when parties have not responded to motions or discovery requests before the calendar call or if there are issues that have not yet been addressed by the court. In these cases, the calendar call may be postponed. Other legal challenges may require mediation. If there is no possibility of settlement through mediation, a case may be disposed of at the calendar call. Results of a calendar call often depend on the case type, and scheduling issues play a large role in determining the outcome. Under North Carolina rules of procedure, cases may be disposed of at the calendar call. In order to dispose of a case at the calendar call, all parties must be ready for hearing. It is highly recommended to review your file before calendar day and make a final determination about what issues need to be addressed on the record and informed consent of all parties to this determination must be obtained.
Procedural challenges may occur if parties fail to follow established calendar call procedures. If possible, an explanation of these procedures should be provided to clients before the calendar call. Even if this isn’t practical, being available to answer questions and provide guidance to clients should be a priority before and at the calendar call.
Recent Developments And Trends
The last several years have not only seen a marked increase in the judicial calendar calls, but also a cultural move towards an opposing, but equally effective, fundamental concept: Judicial Settlement Conferences. This concept focuses upon early, substantive settlement discussions and resolution during the initial stages of litigation, before extensive discovery and increasing legal fees strain the parties’ ability to resolve the matter outside of the judicial process.
The trend towards achieving resolutions early in the litigation is being recognized both in the court system and in the rules of professional responsibility. The New Jersey Supreme Court has historically triaged court calendars by case type (for example, Family cases sitting in Morristown and some other municipalities for a call on Friday mornings) and then by nature of the relief sought (e.g., family matters are heard first and then civil cases with returns to municipal court based upon the availability of time). Although there are court calendars throughout Morris County, there had been limited use of the Olde Historic Courthouse which was home to the Supreme Court of New Jersey when it convened in Morristown. This striking building stands across the street from the past residence of Nathan Cooper, one of New Jersey’s most noted and revered – yes, even more than Grover Cleveland – Chief Justices.
In September 2013, a program was implemented to use the Olde Historic Courthouse for all civil and criminal matters that were trending towards trial . A requisite number of cases was calendared on Fridays beginning in October 2013, enabling judicial officers to provide each matter that was trending toward trial dedicated attention, with the hopes of achieving settlement or a mutually satisfactory resolution without the need for trial and the accompanying expense. This Court Initiated Settlement Conference (CISC) is conducted by a judicial officer separate from the assigned judge and has been very successful. In addition, it is not uncommon for the assigned judicial officers to schedule supervised conferences to discuss settlement and the case history leading up to the potential submission – a very candid discussion which has proven extremely effective in settlements.
The Association of the Bar of the City of New York has recently endorsed the concept of the early resolution of disputes. In Hannah Kalajian and Daniel P. Kessler’s article in the April 11, 2014 edition of NYSBA Journal, they write of the "Housing Court" settlement conference programs. The goal of the settlement conference is to provide both litigants and attorneys in Housing Court cases with an opportunity to resolve a matter with the direct assistance of the court system and/or parental counsel. Many of the Family and Civil Courts throughout the State of New Jersey have similar programs with significant recent success.
It has always been assumed that litigation will be costly. However, in light of these recent changes and trends in the law, as it applies to both matrimonial law and, more generally, civil law, the "billable hour" has become a much more attractive option for the court system.