What is a calendar call?
A Calendar Call is a meeting held before a judge to determine when a case will be tried, requested motions argued, or another trial-related matter heard. Calendar calls generally take place in civil and criminal cases toward the end and beginning of a session. A calendar call helps the court system create an efficient schedule, and pupils involved with the case are usually required to be present at the hearing. Calendar calls are typically short and to the point, as they are meant to simply be quick scheduling meetings between the parties and the judge. Despite being so brief, many legal cases probably would not end timely if these meetings were not held.
On the first calendar call, the initial trial date is established. The second calendar call is for rescheduling purposes . Any continuances or settlements should be resolved before the second calendar call, so the case does not need to be scheduled again. Calendar calls are meant specifically for those cases that are still going to go to trial, and are thus in need of placement on the court’s calendar.
All attorneys involved with the case should be present, along with any other parties involved. The judge must be present for the calendar call to take place, although the defendant and the defendant’s family members are typically at home or at the office. Settlement conferences (a discussion between the parties on how much money can be settled for out of court) are sometimes held at a calendar call in front of the judge so that the judge can draft a settlement order if a settlement is reached.
The role of calendar calls in court proceedings
In most instances, calendar calls are used to control the judicial flow of cases in a given district. Typically, calendar calls schedule trials in advance so that trial dates are taken directly from an already full calendar, rather than simply allowing attorneys to randomly select dates. Most calendar calls are presided over by the Chief Judge of the Circuit. Further, calendar calls take place in open court so that the alleged facts of the case can be discussed and, if necessary, disposed of before trial. Some motions are heard on a calendar call date as well.
Typically, judges, attorneys, and parties attend calendar calls. The presiding judge opens calendar calls and determines which cases should be advanced for expedited disposition and which cases can be continued. Typically, there are no witnesses or jurors present at a calendar call. In fact, calendar calls last only a few minutes for each case and the presiding judge calls cases in order of their creation; i.e. alphabetical (with two exception being consolidated cases and civil GAD cases, which are called in order of the dates each complaint was filed.).
Types of cases utilizing calendar calls
Several different types of cases in both civil and criminal courts use calendar calls. In civil court, calendar calls, sometimes also called status conferences, are used to manage cases from initial complaint through final disposition. Common civil court matters that utilize calendar calls include foreclosure, probate and family law matters. During a calendar call, a presiding judge or magistrate reviews the case for the purpose of moving forward with an orderly progression toward resolution. Calendar calls usually take place shortly after an initial complaint has been filed, then approximately every six months until the resolution of the case.
An example of a civil court calendar call would be in a foreclosure matter. A judge in the foreclosure division would use the calendar call to review the case and determine if the plaintiff (lender) has followed proper protocol in notifying the defendant (homeowner) of the alleged delinquency. If a settlement has not occurred at this point, the judge will indicate the status of the foreclosure case. The purpose of the calendar call is to move forward with either a settlement process or a trial.
Many criminal courts also utilize calendar calls. Most often, calendar calls are used to investigate the continued prosecution of criminal defendants. The most commonly used calendar call is in a trial court, where the trial judge uses the status conference to move defendants swiftly through the system. Relationships with other parties in a criminal matter are usually referenced during the calendar call. For example, if the defendant is cooperating with law enforcement, or has entered a plea deal, the trial judge will take those agreements into consideration in the next calendar call to move the case toward a timely resolution.
Calendar calls are also used in family law court to quickly move a case from filing through resolution. During a calendar call, the judge will review the status of the case with the attorneys in front of the parties to ensure that the litigation is proceeding efficiently. If the parties have come to an agreement, the judge may immediately sign the final documents. If the parties are not in agreement, the judge will set the next round of hearings to keep the case moving. It is essential, in a family law calendar call, that the parties know what their position is before the court because they will not be allowed to speak at the calendar call or trial.
Preparing for a calendar call
One of the most important aspects of preparing for a calendar call is understanding that it takes place for a reason – to help attorneys and litigants focus on the direction of the case. It’s important to do the prep work beforehand so that you know what to expect.
An important first step is to review the agenda with your attorney or self-represented filer. You should do this as soon as your attorney gives it to you or you receive it from the court. The agenda will include every matter for which the judge is responsible that day, including motions, hearings, trials and other cases requiring judicial tracking or action. Sometimes the calendar will also give an order of preference for the judge to address each item. The calendar is also a good tool to confirm which judge is assigned to which matter.
Next, check the docket on C-Track. C-Track is the Judicial Branch’s electronic case management system. In Family cases, you will be able to view all of the documents that were filed in the case up to 4:30 p.m. the previous day. Thus, there may be recent pleadings or motions that you will want to review after receiving the agenda. Be sure to pay careful attention to pleadings requiring an immediate response, temporary orders of alimony or child support, and any revised motions or pleadings. C-Track is available on all computers in the court house. Litigants can also access C-Track from their home or office computer with C-Track Express, a free program that is available online. If you are unsure whether you have registered to use C-Track Express, go to www.jud.state.ct.us/Ctrack/index.htm for information on registering and downloading the program. A Judge’s Clerk, custodian of records, court clerk or sheriff’s office can assist. Once you become familiar with C-Track, you will find it is a helpful resource for preparing for hearings, trial and upcoming deadlines.
Finally, prepare your pleadings. At least two days before the calendar call, you should prepare a list of all written motions you wish to have reviewed or granted. This can be accomplished by simply printing a copy of your docket sheet. Review these motions carefully to confirm that they are still relevant for the calendar call. Do not forget to include any motions that have a firm hearing date or a status date scheduled before the calendar call. Consider whether you wish to argue any of these matters on the day of the calendar call. Be prepared to explain why you are or are not ready to take action on the matter.
Additionally, prepare a list of any questions you may have for the judge relating to cases on the calendar. Review the list with your attorney, or if self-represented, prior to arriving in court. Most importantly, be prepared to listen to the court and each other. The judge on your calendar has another case scheduled shortly thereafter. Judges are working hard for all concerned, and if the judge says your matter was not assigned to that calendar call, be ready to reschedule.
Outcomes of a calendar call
A lot of different things can happen during a calendar call. Sometimes the master calendar judge will set and announce trial dates for a case or cases. Sometimes the parties are able to reach an agreement and resolve their differences. A settlement agreement may be presented on the record, or may be in writing along with a motion to approve the agreement. Or, in some cases, there may even be a motion introduced to dismiss a case, or a motion to continue the trial date for a particular case.
Sometimes there is a status conference held, to simply find out how far along the case is. If it is still active and going forward, court dates can be scheduled, or other ITM issues may be resolved . In all cases, the chance for more time to go through the file, or gather additional important information from other involved parties is available, and it may be suggested independent of, or instead of, a court conference.
Calendar calls can help in setting trial dates, and settling cases. Sometimes they can lead to a dismissal. They can also be used to resolve other issues in a case or a number of different cases that a party may be involved in.
In general, the master calendar is used by judges to manage their out of control trial calendars. By letting a master calendar judge go through the files and see what is available, issues can be settled quickly.
Master calendar judges sit in a courtroom, and can often accommodate a large number of cases in a single day. This is very helpful to the court system, as well as to the parties in the various cases that are handled.
Common challenges during calendar calls
The success of a previous calendar call can lead to an avalanche of conflicts. Disconnected calendars can result in conflicts. As aforementioned, searches usually have not yielded a hit unless you fall into one of the limited exception categories. If there’s been a huge delay in the calendar call, there are usually no remaining conflicts, yet there has often been more than enough time for parties to begin negotiating settlements.
Last minute non-firm motions, or even firm motions, are frequently filed in the Supreme Court on the date of calendar calls. These are not always on the calendar. If not properly handled on calendar call day, they can stall a call and make it impossible to get through the calendar before closing time.
Agriculture and New York State Horse Breeders, Inc. v New York State Racing & Wagering Bd. is a good example of what can go wrong when a last minute motion is improperly handled.
On August 11, 2015, the Appellate Division, Second Department, scheduled a calendar call for the next day, August 12, 2015, on a motion for permission to appeal that was made almost a year prior. However, on calendar call day, Justice Lott learned that there had been a death in the family of claimant and counsel covering both law firms. While a standing adjournment was given to allow the lawyers covering both sides an opportunity to be heard, when the matter was called, Justice Lott did not state that the calendar call was adjourned. He simply indicated that the appeal would be marked submitted.
Frank G. Morrison, law partner to the arguing attorney, filed an affirmation indicating a last minute uncounseled motion was orally made at the calendar call. He further stated that an adjournment was never given and the appeal was marked submitted. The motion was obviously not fulfilled. There was no opposition.
The Appellant’s application was granted and the deadlines were adjourned per the following:
An adjournment or voluntary recusal could often save a calendar from being missed all together. Motions for providence could turn into appeals, if not handled with care.
The importance of calendar calls in judicial efficiency
Few people ever think about what happens to a case once it has been filed. Most people want to simply file the case, serve the case on the other side, and move on with life as soon as possible. However, all cases take time to proceed through the judicial process. Most people are unfamiliar with how courts dispose of cases year after year. In terms that the general public can comprehend, the courts address the "backlog" of cases. A "calendar" is a schedule of items that are to occur at a specific time. For example, the calendar for a judge may include hearings to resolve pretrial issues, jury trials, or non-jury trials (Bench Trials). Of course, the types of hearings noted will vary depending on the particular judge, but the concept remains the same. The "call" of the calendar is simply a roll call of cases that are to be heard that day or soon thereafter. This "call" is most commonly referred to as a "calendar call."
So, what is the purpose of a calendar call? Simply put, a calendar call is a means by which a court can efficiently move cases through its system. From the point a case is filed until it is set for trial takes time. All of the pretrial matters that must be completed are generally done through motion practice. This means that the parties must file pleadings, provide responses to the other party’s filings, and send these documents to the court. In doing so, the parties must keep the other side informed of deadlines. Further, the parties are expected to work together to resolve conflicts where possible. These are called "agree orders" or "consent orders" by attorneys. These are typically matters that do not require a Judge’s intervention. For example, when I served as a day-of-trial judge, I once had an attorney ask if she could help an elderly and stately gentleman out of his car . While this may be a simple matter, the elderly man was unable to walk down the stairs of his car due to his condition. My answer was the same in every such circumstance: Sure, but be sure to close your car doors and trunk. Every minute wasted becomes an hour lost from the trial for every person involved.
Now, in my example above, the elderly gentleman who was having trouble exiting his car was accommodated by the court. In a similar circumstance, if a lawyer attending a calendar call is unable to avoid being late, then there is nothing that can be done by the court. In most instances, the lawyers arrive well ahead of the time scheduled. There are always some circumstances―and believe me I understand!―that cause lawyers to be late. Having served on the Board of Directors for a U.S. Bankruptcy Court Clerk’s office, I have even experienced a situation where one of my fellow directors caught a flight to the wrong city! That is truly unfortunate. However, I have also seen highly organized attorneys arrive early. Certainly, if a party is present for the "call" and is subsequently delayed, late, or even in need of a doctor, there will be a remedy. Then again, if you arrive late and the matter you scheduled time for is already underway there is nothing that can be done. My opinion is that you should have arrived earlier, but I can tell you that situations happen. I have been blessed to have represented clients from seven foreign countries (Canada, Netherlands, the United Kingdom, Australia, South Africa, Ireland, and India). In each country where I traveled on business I was reminded of how fortunate we are to have the rights we have in America. We often forget that we are truly blessed to live in the United States. Simplistically, the "calendar" is how the courts efficiently move the business of law through the system. It is through this process that cases can proceed through the court system.