What is Calendar Call?
A Calendar Call in court is nothing more than a status hearing where the Court inquiry is on the legal status of the case. The judge is trying to figure out what’s going on with the case, i.e. is there a plea agreement, are there any unusual circumstances about this particular matter, is this deferred prosecution, is this a need for a sentence hearing, etc. The judge is asking the attorneys to update him or her on the case. Most of the time this is done orally; you’ll see judges ask, "Who is the state attorney in this case? [pause] OK. Please update me. I have already read the history of the case this morning." Or the judge might ask , "Who is the state attorney?" Pause. "OK. Please publish the case to the docket so it can be cleaned up." That means that the state attorney will put the trial on the calendar and then they will then clean the case up as they see fit. Clean up means the state is dropping the charges or agreeing to a plea bargain. The judge won’t take any action, but he or she is aware of the status of the case and is checking for the record. That’s the general idea anyway.
The preliminary hearing is not a Calendar Call. Typically in court there are calendar calls for pre-trial settings, but not preliminary hearings. In criminal law, the preliminary hearing is for felonies and is held to determine probable cause for the actual crime. This is a much more serious proceeding than the calendar call. A calendar call is for all types of cases. Whether it is a felony or misdemeanor; preliminary hearings are basically only for felonies.
Why is Calendar Call Important?
On a very basic level, calendar calls are significant because they represent a scheduling importance for the court system. They keep the court’s docket moving along, and limit the number of hearings and trials that need to be rescheduled or postponed.
Because, on average, more than 95% of all cases settle before trial, the calendar call process is intended to conserve judicial and attorney resources by obtaining agreements on as many issues as possible prior to trial. This also serves the purpose of refining the issues that will ultimately be presented to the court.
Though parties are not required to attend calendar call, it is highly recommended for all counsel (or pro se parties) to attend (and to be ready to proceed), as it ensures the case will be given its time, mark, and place in the court’s schedule. But even if the parties do appear, the court may still grant a request for continuance or adjustment of calendar call. It is important to remember that in Florida, continuances are not freely given, but only upon a finding of good cause. Still, continuances are granted often enough that, ultimately, very few trials are timely conducted and almost no litigants actually find themselves in the courtroom waiting for a judge to hear their case.
Third, the calendar call provides a mechanism for the court to obtain explicit (rather than implicit) the date of the final hearing or trial. This ensures the parties have agreed to a date and time certain, and allows all concerned to plan accordingly once the time has been set.
Fourth, the calendar call allows the court to perform a number of primary functions prior to trial. One such function is to rule on all motions that have been appeared on up to that point. This, of course, inures to the benefit of the parties, ensuring they know what issues will be resolved by trial (as opposed to by stipulation or agreement), what issues remain for resolution by the court, and what disposition can or should be made of the remaining issues. The court further counsel and otherwise converse with both or all parties to ensure all sides are on the same page, and (if necessary) make orders for any remaining discovery or depositions (for example, where witnesses are unavailable to attend trial). It is important here to remember that each and every issue which may lead to trial resolution must be timely presented by motion, or you risk the court applying harsh and unforgiving procedural bars to your failure to follow the Rules of Court Procedure.
What Happens at Calendar Call?
At the calendar call, the judge presiding over the motion calendar is usually present along with opposing counsel for both parties and any witnesses. The judge may or may not have reviewed the motion materials prior to the calendar call (that is one reason it is wise to bring a copy of the motion and opposition papers to the calendar call). The judge might review them in the courtroom; otherwise, the attorneys will be given time to orally present their arguments. Witnesses are generally not questioned or allowed to give testimony unless absolutely necessary. The judge may or may not issue a written ruling on the motion at the calendar call. Sometimes the judge will take a matter under advisement, meaning that the judge needs more time to consider the arguments presented and will issue the decision at a later date. The judge may also schedule a later date to hear complex motions or one that is left undecided at the calendar call. It will be up to the attorneys to follow the status of the motion and determine when the judge has issued a decision if the judge does not announce the decision at the calendar call.
How to Prepare for Court on Calendar Call Day
To prepare for a calendar call, individuals should contact their attorney or check the court’s website for specific instructions related to their particular case type and court. If represented by an attorney, individuals need to confirm that their attorney has all necessary documents and information in order to proceed.
Individuals and attorneys should:
Keep the Following Documents Ready
1. Financial Disclosure Information
A calendar call may require financial disclosure information to be filed. The specific requirements will depend on the type of action before the court. In high net worth divorce and equitable distribution cases, each party must file a Financial Affidavit, and attach financial documents in accordance with Rule 13 of the NC Rules of Practice. A Rule 13 request is used to obtain financial information from the other party. In a Rule 13 request, the parties are also required to disclose expert witnesses and exhibit lists.
In child custody or visitation cases, each party is required to file and attach a statutory Affidavit of Income, Child Support Worksheets, Client Information Sheet , and Parenting Agreement.
2. Mediation Statement
Parties must complete a mediation statement and file it with the court at least seven days before the calendar call is scheduled. This statement helps attorneys and the court determine whether the case is ready for mediation.
- Witness List
- Draft Order
- Pleadings
If it is a divorce or domestic case: Claims and Answers, Answers to Counterclaims, Crossclaims, Counterclaims, Replies to counterclaims, Third-Party Complaints and Answers, Applications, and any Temporary Orders that have been issued.
If it is a Will Case: Complaints and Answers, Applications, Responses to Applications, Final Reports, and any Temporary Orders that have been issued.
If there is a Guardian: Guardianship Inventory and Accountings.
If there is a Minor in the case: Application to appoint a Guardian ad Litem to represent the minor, Answers and Motions regarding Child Custody, and complaints regarding Child Custody.
If there is a pending Jury trial: Requests for Jury Trial.
Memorandum and Exhibit lists are also helpful.
In addition to these documents, attorneys should have a current docket, or calendar, of the case available. The docket must reflect any orders issued by the judge who will be present at calendar call.
What Happens if You Don’t Go to Calendar Call?
The potential legal consequences vary by the type of hearing or calendar call. For instance, a judge can simply remove you from the roster and reschedule to a later date. Other judges can issue a bench warrant for your arrest (especially in a criminal matter) or impose a fine. The consequences are varied and simply committing to a court appearance will exponentially reduce your chances of having to confront them.
What happens after you miss a calendar call or hearing? While the consequences vary, there is still a process that occurs. For example, if you have a pending Municipal Court traffic case and fail to appear, the Judge will usually direct an agency to send out a contempt notice. This notice is a letter indicating that you have failed to appear for a Municipal Court hearing and ordering you to do so within x number of days or face contempt charges. If you do not respond to your Notice to Appear or file a Motion to vacate your suspension within a specific amount of time, the Department of Motor Vehicles will be advised to suspend your driving privileges.
The fact is that you will have a higher likelihood of obtaining the outcome you desire with a well thought out strategy in advance of a hearing. The best course of action is usually to show up, retain an attorney if necessary and comply with the judges directives. Leaving it to chance (i.e. not showing up) is always a gamble.
How to Have a Successful Calendar Call
In order to ensure that you obtain the ultimate goal of an expeditious and efficient calendar call, keeping the following things in mind will be key:
Be on Time: Punctuality is not just a good habit, it is imperative if you wish to be heard by the Court. The Court will have many people scheduled for the morning or afternoon and expects all matters to have been counselled or discussed prior to the hearing and to be ready to be addressed. If you are not present at the time set by the Court, your matter will be passed over to be heard at a later time when other matters are scheduled. The Court will not wait for you to arrive, so be sure to be punctual, or you can expect to pay the consequences.
Good Communication: Be clear when you speak to not only your own client, but those representing adverse parties so you can arrive at a position where all parties are in agreement . Once all parties are in agreement, the Court can move forward without any delay. Attempt as well to communicate with the staff at the Court, and if you are having issues, arrive early and express yourself to the case manager or clerk assigned to the matter. This goes a long way toward expediting the process.
Be Prepared: Come with all of your documents in order, in the appropriate format and ready for submission to the Courts. When you have an agreement, the Court’s time is limited. Do not attempt to be a hero, go overboard and waste everyone’s time seeking changes for no reason when each party has counsel and can formulate an appropriate agreement quickly and efficiently. Be open minded and agreeable to your opposition so you can arrive at a mutually beneficial position.