California Rules of Court
Rule 225
DUTY TO NOTIFY COURT AND OTHERS OF SETTLEMENT

(a) [Notice of settlement]

(1) If a case is settled or otherwise disposed of, each plaintiff or other party seeking affirmative relief must immediately file written notice of the settlement or other disposition with the court and serve the notice on all parties and any arbitrator or other court-connected alternative dispute resolution (ADR) neutral involved in the case. Each plaintiff or other party seeking affirmative relief must also immediately give oral notice to all of the above if a hearing, conference, or trial is scheduled to take place within 10 days.

(2) If the plaintiff or other party seeking affirmative relief does not notify an arbitrator or other court-connected ADR neutral involved in the case of a settlement at least 2 days before a scheduled hearing or session with that arbitrator or neutral, the court may order the party to compensate the arbitrator or other neutral for the scheduled hearing time. The amount of compensation ordered by the court must not exceed the maximum amount of compensation the arbitrator would be entitled to receive for service as an arbitrator under Code of Civil Procedure section 1141.18(b) or that the neutral would have been entitled to receive for service as a neutral at the scheduled hearing or session.

(Subd (a) amended effective January 1, 2004; previously amended effective January 1, 1989, July 1, 2001, and July 1, 2002.

(b) [Dismissal of case] Except as provided in (c), each plaintiff or other party seeking affirmative relief must serve and file a request for dismissal within 45 days after the date of settlement. If the plaintiff or other party required to serve and file the request for dismissal does not do so, the court must dismiss the case 45 days after it receives notice of settlement unless good cause is shown why the case should not be dismissed.
(Subd (b) amended effective January 1, 2004; previously amended effective July 1, 2002; adopted effective January 1, 1989.)

(c) [Conditional settlement] If the settlement agreement conditions dismissal on the satisfactory completion of specified terms that are not to be performed within 45 days of the settlement, the notice of conditional settlement served and filed by each plaintiff or other party seeking affirmative relief must specify the date by which the dismissal is to be filed. If the plaintiff or other party required to serve and file a request for dismissal within 45 days after the dismissal date specified in the notice does not do so, the court must dismiss the case unless good cause is shown why the case should not be dismissed.

(Subd (c) amended effective January 1, 2004; adopted effective January 1, 1989; previously amended effective July 1, 2002.)

Rule 225 amended effective January 1, 2004; adopted effective January 1, 1985; previously amended January 1, 1989, January 1, 1992, July 1, 2001, and July 1, 2002.

Former Rule

Former rule 225, similar to present rule 375 subd (b), was adopted effective January 1, 1949, and repealed effective January 1, 1984.

Drafter's Notes

1989-The council amended rule 225 of the California Rules of Court, effective January 1, 1989, to (a) require dismissal of cases 45 days after notice of settlement, and (b) require a notice of stay and a notice of settlement, and (c) require a notice of stay and a notice if stay is vacated. Amended rule 225 will assist courts in identifying inactive cases from the active cases that may require judicial attention.

1992-Recent legislation requires each municipal and justice court to establish a delay reduction program that is consistent with the Trial Court Delay Reduction Act of 1990. To permit a court to keep track of the age of its cases and to manage the caseload, parties must let the court know when a case is terminated by settlement or when a case is not subject to court control. The council amended rule 225 to require notice of stay and a notice if stay is vacated for arbitration of attorney fees and costs. The council also adopted rule 525, applicable to municipal and justice courts, to require dismissal of cases 45 days after notice of settlement; to require a notice of stay and a notice if stay is vacated; and to permit imposition of sanctions for failure to comply with the rule. Rule 514 was repealed because it is superseded by rule 525.

2001-See note following rule 222.

2002-See note following rule 201.7.


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