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Rule 3.715.Case evaluation factors

Division 7. Civil Case Management · Chapter 2. Differential Case Management · Last amended 2007 · Last verified July 29, 2026

In one sentenceRule 3.715 lists the eighteen factors, from the number of parties and cross-complaints to the anticipated scope of discovery and the likelihood of an appeal, that a court must weigh when estimating how long a civil case will reasonably take to resolve.

Full Text of Rule 3.715

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(a) Time estimate In applying rule 3.714, the court must estimate the maximum time that will reasonably be required to dispose of each case in a just and effective manner. The court must consider the following factors and any other information the court deems relevant, understanding that no one factor or set of factors will be controlling and that cases may have unique characteristics incapable of precise definition:
(1) Type and subject matter of the action;
(2) Number of causes of action or affirmative defenses alleged;
(3) Number of parties with separate interests;
(4) Number of cross-complaints and the subject matter;
(5) Complexity of issues, including issues of first impression;
(6) Difficulty in identifying, locating, and serving parties;
(7) Nature and extent of discovery anticipated;
(8) Number and location of percipient and expert witnesses;
(9) Estimated length of trial;
(10) Whether some or all issues can be arbitrated or resolved through other alternative dispute resolution processes;
(11) Statutory priority for the issues;
(12) Likelihood of review by writ or appeal;
(13) Amount in controversy and the type of remedy sought, including measures of damages;
(14) Pendency of other actions or proceedings that may affect the case;
(15) Nature and extent of law and motion proceedings anticipated;
(16) Nature and extent of the injuries and damages;
(17) Pendency of underinsured claims; and
(18) Any other factor that would affect the time for disposition of the case. (Subd (a) amended and lettered effective January 1, 2007; adopted as untitled subd effective July 1, 1991.)

Plain-English Summary

Deciding how long a case should reasonably take is not guesswork, and Rule 3.715 gives courts a checklist for making that call. When a court applies Rule 3.714 to sort a case into a management track, it has to estimate the maximum time the case will reasonably need, weighing a long list of factors rather than relying on a single one.

The factors cover nearly every dimension of a case's likely difficulty: the type and subject matter of the action, how many causes of action or defenses are alleged, how many parties and cross-complaints are involved, the complexity of the issues, including questions of first impression, how hard it will be to find and serve parties, the expected scope of discovery, the number and location of witnesses, the likely length of trial, whether arbitration or other alternative dispute resolution might resolve some or all of it, any statutory priority, the odds of a writ or appeal, the amount in controversy and remedy sought, other pending actions that might affect the case, the anticipated law and motion practice, the nature of the injuries and damages claimed, and pending underinsured-motorist claims. A final catch-all factor lets the court weigh anything else that bears on timing.

The rule is explicit that no single factor controls, and that some cases have unique features no factor list can fully capture. It is a framework for judgment, not a formula that produces an answer on its own.

Frequently Asked Questions

What is Rule 3.715 used for?

It supplies the factors a court considers when estimating, under Rule 3.714, how long a civil case will reasonably take to resolve so the case can be sorted into the right case management track.

Does any one factor decide how a case is classified?

No. The rule states that no single factor or set of factors controls, and that some cases have unique characteristics that do not fit neatly into any listed factor.

What kinds of things does the court consider?

Among others: the type of case, the number of parties and claims, the complexity of the issues, the anticipated scope of discovery, the number of witnesses, the likely trial length, the potential for arbitration or other alternative dispute resolution, and the likelihood of an appeal.

Amendment History

Rule 3.715 amended and renumbered effective January 1, 2007; adopted as rule 2106 effective July 1, 1991; previously amended and renumbered as rule 210 effective July 1, 2002.

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
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