(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.)
Rule 3.402.Complex case counterdesignations
Division 4. Parties and Actions · Chapter 5. Complex Cases · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.402 lets a defendant respond to a plaintiff's complex-case designation by counterdesignating the action as not complex, or lets a defendant designate an otherwise-ordinary action as complex, in each case by filing and serving a counter cover sheet no later than its first appearance.
Full Text of Rule 3.402
(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.
Plain-English Summary
Rule 3.401 gives the plaintiff the first word on whether a case is complex, but not the last one. Rule 3.402 gives the defendant three ways to respond. If the plaintiff has marked the cover sheet complex and the court has not yet ruled on it, the defendant can file a counter Civil Case Cover Sheet arguing the case is not complex, and the court then has 30 days to decide, with or without a hearing. A defendant can also go the other direction, filing a counter cover sheet designating as complex a case the plaintiff never flagged that way, again triggering the same 30-day decision window. Or, instead of disagreeing, a defendant can join the plaintiff's own complex designation.
In every version, the timing is the same: the counterdesignation has to be filed and served no later than the defendant's first appearance in the case, so the question of complex status gets resolved early, before the case has moved very far down either track.
Frequently Asked Questions
Can a defendant challenge a plaintiff's complex case designation?
Yes. Rule 3.402(a) lets a defendant file and serve a counter Civil Case Cover Sheet designating the action as not complex, no later than its first appearance.
Can a defendant designate a case as complex if the plaintiff didn't?
Yes. Rule 3.402(b) allows a defendant to file a counter cover sheet designating the action as complex, and the court must decide the question within 30 days.
How long does the court have to rule on a counterdesignation?
Rule 3.402(a) and (b) both give the court 30 days after the counterdesignation is filed to decide, with or without a hearing, whether the action is complex.
By when must a defendant file a counterdesignation?
No later than the defendant's first appearance in the action, whether the counterdesignation opposes or joins the complex case designation.
Amendment History
Rule 3.402 amended and renumbered effective January 1, 2007; adopted as rule 1811 effective January 1, 2000; previously amended effective July 1, 2004.
Source & verification. Rule text is reproduced verbatim from
the Judicial Council of California. Adopted by the Judicial Council of California.
Last verified July 29, 2026.
· Official source
Also known as: counter cover sheet complex case californiarule 3.402 defendant complex designationhow to oppose complex case designation