California Rules of Court
Rule 3.1385
DUTY TO NOTIFY COURT AND OTHERS OF
SETTLEMENT OF ENTIRE CASE
(a) Notice of settlement
(1) Court and other persons
to be notified
If an entire 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) Compensation
for failure to provide notice
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 the 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, 2007; previously amended effective
January 1, 1989, July 1, 2001, July 1, 2002, January 1, 2004, and January 1, 2006.)
(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 of the entire case within 45
days after the date of settlement of the case. If the plaintiff or other party
required to serve and file the request for dismissal does not do so, the court
must dismiss the entire 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, 2006; adopted effective January 1, 1989;
previously amended effective July 1, 2002, and January 1, 2004.)
(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 entire case unless good cause is shown
why the case should not be dismissed.
(Subd (c) amended effective January 1, 2006; adopted effective January 1, 1989;
previously amended effective July 1, 2002, and January 1, 2004.)
Rule 3.1385 amended and renumbered effective January 1, 2007; adopted as rule
225 effective January 1, 1985; previously amended effective January 1, 1989, January
1, 1992, July 1, 2001, July 1, 2002, January 1, 2004, and January 1, 2006.