(a) Purpose One or more conferences between the court and counsel for the parties may be held to discuss class issues, conduct and scheduling of discovery, scheduling of hearings, and other matters. No evidence may be presented at the conference, but counsel must be fully prepared to discuss class issues and must possess authority to enter into stipulations.
Rule 3.762.Case conference
Division 7. Civil Case Management · Chapter 6. Management of Class Actions · Last amended 2007 · Last verified July 29, 2026
In one sentenceRule 3.762 authorizes the court and counsel to hold one or more conferences early in a class action to map out class issues, discovery, and hearing dates, and it spells out who must give notice, how, and how far in advance.
Full Text of Rule 3.762
(b) Notice by the parties Notice of the conference may be given by any party. If notice is given by a named plaintiff, notice must be served on all named parties to the action. If notice is given by a defendant, notice must be served only on the parties who have appeared. Within 10 calendar days after receipt of the notice, the plaintiff must serve a copy on each named party who has not appeared in the action and must file a declaration of service. If the plaintiff is unable to serve any party, the plaintiff must file a declaration stating the reasons for failure of service. (Subd (b) amended effective January 1, 2007.)
(c) Notice by the court The court may give notice of the conference to the plaintiff. Within 10 calendar days after receipt of the notice given by the court, the plaintiff must serve a copy of the notice on all parties who have been served in the action, whether they have appeared or not, and must file a declaration of service. If the plaintiff is unable to serve any party, the plaintiff must file a declaration stating the reasons for failure of service. (Subd (c) amended effective January 1, 2007.)
(d) Timing of notice The notice must be filed and served on the parties at least 20 calendar days before the scheduled date of the conference. (Subd (d) amended effective January 1, 2007.)
(e) Timing of conference A conference may be held at any time after the first defendant has appeared. Before selecting a conference date, the party noticing the conference must:
(1) Obtain prior approval from the clerk of the department assigned to hear the class action; and
(2) Make reasonable efforts to accommodate the schedules of all parties entitled to receive notice under (b). (Subd (e) amended effective January 1, 2007.)
Plain-English Summary
A class action moves in phases, and Rule 3.762 sets up the meeting that gets the first phase organized. The court and counsel may meet, once or several times, to talk through the issues that make a class action different from an ordinary lawsuit: how discovery should unfold, when hearings should happen, and any other item that needs managing before the case goes further. These sessions are for planning, not proof — no evidence comes in at a case conference — so counsel must show up ready to discuss the issues in depth and carrying real authority to agree to stipulations on the client’s behalf.
Getting everyone to the table takes coordinated notice. Either side can request a conference, but the rule ties the scope of service to who does the asking: a plaintiff who notices the conference must serve every named party, while a defendant who notices it only has to serve parties who have already appeared. When the court itself initiates the notice, the plaintiff picks up the job of serving everyone who has been served in the case so far, whether or not they have appeared, and must file proof of that service — or, if service could not be completed, a declaration explaining why. All of this has to happen at least 20 calendar days before the conference date.
Timing has one more wrinkle: a case conference cannot be scheduled until the first defendant has appeared, and the party requesting a date must first clear it with the clerk of the department handling the case and make a real effort to work around the schedules of everyone entitled to notice.
Frequently Asked Questions
Can the parties present evidence at a class action case conference?
No. Rule 3.762 conferences are for discussing class issues, discovery, and scheduling — not for taking evidence. Counsel must still come prepared to discuss the issues in depth and with authority to enter stipulations.
Who has to be served with notice of a case conference?
It depends on who gives the notice. A plaintiff who notices the conference must serve every named party; a defendant who notices it only has to serve parties who have already appeared. If the court gives notice, the plaintiff must serve everyone who has been served in the action, whether or not they have appeared.
How much advance notice does a case conference require?
The notice must be filed and served on the parties at least 20 calendar days before the scheduled conference date.
When can the first case conference be scheduled?
Not until after the first defendant has appeared. The party requesting the conference must also get prior approval from the clerk of the assigned department and make reasonable efforts to accommodate the schedules of the parties entitled to notice.
What happens if the plaintiff cannot serve a party with the conference notice?
The plaintiff must file a declaration explaining the reasons service could not be completed, rather than skipping that party without explanation.
Amendment History
Rule 3.762 amended and renumbered effective January 1, 2007; adopted as rule 1852 effective January 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
Also known as: class action case conference california rules of courtnotice of class action case conferencescheduling a class certification conferencecourt and counsel meeting class action