Rule 3.542.Remand of action or claim
Division 4. Parties and Actions · Chapter 7. Coordination of Complex Actions · Article 4. Pretrial and Trial Rules for Complex Coordinated Actions · Last amended 2007 · Last verified July 29, 2026
Full Text of Rule 3.542
Plain-English Summary
Coordination is not necessarily permanent for every case swept into it. Rule 3.542 lets the coordination trial judge remand — send back — a coordinated action, or just a severable claim or issue inside it, to the court where the case was pending before coordination began, at any point in the proceeding.
Getting there takes either agreement or evidence. All parties can stipulate to remand, or the trial judge can order it based on evidence received at a hearing, whether the judge raised the question on its own or a party moved for it. When a party objects, the bar rises: the judge cannot remand over that objection unless the evidence shows the circumstances relevant to the criteria for coordination under Code of Civil Procedure section 404.1 have materially changed since coordination was ordered.
Remand is not the same as termination. If sending the case back requires an actual transfer, the transfer mechanics in Rule 3.543(c) through (e) take over from there, and once the process is complete, the remanded action drops out of the coordination proceeding entirely for purposes of this chapter’s rules.
Frequently Asked Questions
Can a coordinated action be sent back to its original court?
Yes. The coordination trial judge may remand a coordinated action, or a severable claim or issue in it, to the court where it was pending before coordination.
What does a party need to show to remand a case over another party’s objection?
Evidence demonstrating a material change in the circumstances relevant to the criteria for coordination under Code of Civil Procedure section 404.1.
Is a hearing always required to remand a case?
No. Remand may be made on the stipulation of all parties, or based on evidence received at a hearing on the court’s own motion or a party’s motion.
What happens once an action is remanded?
If the remand requires a transfer, Rule 3.543(c)–(e) governs the transfer, and the remanded action is no longer part of the coordination proceeding for purposes of this chapter’s rules.
Amendment History
Rule 3.542 amended and renumbered effective January 1, 2007; adopted as rule 1542 effective January 1, 1974; previously amended effective January 1, 2005, and July 1, 2006.