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Cal. Rules of Court, rule 3.400 · Chapter 5. Complex Cases

Definition

Review required

Text — As posted by the Judicial Council of California (read October 22, 2026)

(a) Definition

A "complex case" is an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or the litigants and to expedite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.

(b) Factors

In deciding whether an action is a complex case under (a), the court must consider, among other things, whether the action is likely to involve:

(1) Numerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve;

(2) Management of a large number of witnesses or a substantial amount of documentary evidence;

(3) Management of a large number of separately represented parties;

(4) Coordination with related actions pending in one or more courts in other counties, states, or countries, or in a federal court; or

(5) Substantial postjudgment judicial supervision.

(c) Provisional designation

Except as provided in (d), an action is provisionally a complex case if it involves one or more of the following types of claims:

(1) Antitrust or trade regulation claims;

(2) Construction defect claims involving many parties or structures;

(3) Securities claims or investment losses involving many parties;

(4) Environmental or toxic tort claims involving many parties;

(5) Claims involving mass torts;

(6) Claims involving class actions; or

(7) Insurance coverage claims arising out of any of the claims listed in (c)(1) through (c)(6).

(d) Court's discretion

Notwithstanding (c), an action is not provisionally complex if the court has significant experience in resolving like claims involving similar facts and the management of those claims has become routine. A court may declare by local rule that certain types of cases are or are not provisionally complex under this subdivision.

Notes and commentary — not rule text

History

(Subd (b) amended effective January 1, 2007.)

(Subd (c) amended effective January 1, 2007.)

(Subd (d) amended effective January 1, 2007.)

Rule 3.400 amended and renumbered effective January 1, 2007; adopted as rule 1800 effective January 1, 2000.

Source of truth

Edition
As posted by the Judicial Council of California (read October 22, 2026)
Official file
https://courts.ca.gov/cms/rules/index/three/rule3_400
Text hash
sha256 5ee718094cd86e6efb234264101f512577f65a6892aab4791f9bbbd2b4de9b1c
Composed by
compose_crc.py 2026-10-22: the Judicial Council's rule pages read paragraph by paragraph; verify_crc.py's second reading of the Council's per-title PDFs finds every paragraph
  • The Judicial Council's PDF of Title 3 (last modified July 28, 2026) prints this rule differently: the PDF also prints “Comprehensive adjudications of groundwater rights; (6”; where this page prints “6” the PDF prints “7”; where this page prints “7” the PDF prints “8”; and 2 more differences. The rule page's text is shown.

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Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.