Are you wondering “can a case be dismissed at calendar call?” Well, this article is going to answer all those questions for you. If you are proceeding to court with your case, you may see the words “calendar call” appearing on your notice to show up in court.
Most of us end up wondering, what does calendar call mean in court? Basically, a calendar call court hearing is an administrative hearing that is heard by the judge or clerk.
The primary purpose of what is a calendar call in court is case management. The court uses it to track the status of many cases at one time. It helps the judge manage the docket, which is the official list of cases before the court. Here, the goal is efficiency.
Therefore, the judge ought to know the following:
- Which cases are ready for trial?
- Which are long shots?
- Lastly, which are settled or dismissed?
Knowing what is a calendar call in court is all about is the first step towards preparing for this important procedural hearing.
Why Courts Hold A Calendar Call Court Hearing
Courts hold a calendar call court hearing basically to promote efficiency and administration. Without it, the court schedule would be impossible to handle.
Docket Control And Trial Readiness
The primary purpose for what otherwise would be a calendar call on the court is to ascertain which cases are actually trial ready.
Screen Cases
The judge decides which of the cases are settled, inactive, or unready cases.
Schedule Dates
Here, the judge assigns permanent trial dates to the “ready” cases.
Delays Are A Big No No
It’s always a good idea to remember that all last-minute delays set the court back in terms of resources and time.
This is a big deal in criminal cases where the right to a speedy trial is allotted to every defendant according to the Sixth Amendment. Thus, calendar call court keeps it all running in accordance.
Distinguishing Calendar Call From Other Hearings
The definition of Calendar Call differs from a pretrial conference or a scheduling conference.
Calendar Call
Centers on when the case is to be tried. Is usually short and disposes of numerous cases.
Pretrial Conference
Centers on trying the case. It entails ongoing discussion regarding evidence, witness lists, and legal motions.
Scheduling Conference
A pre-hearing, in some cases set shortly after filing, to establish motion and discovery deadlines.
Though all of these are calendaring in character, what is a calendar call in court is a pre-trial test call.
The Step-By-Step Procedure: What Is A Calendar Call In Court
It’s scary to go to a calendar call court hearing, but the process is generally straightforward. The process is quick because the court processes dozens of cases at one time.
Calling Of The Docket
When a hearing starts, the clerk usually calls all cases in sequence.
Case Name
The clerk will ideally call out the case name and docket number.
Parties Respond
The party or their lawyers will then approach the judge.
Status Announcement
The judge will then know more about the status of the case from the parties involved.
The attorney typically responds with a short status: “Ready for trial,” “Seeking continuance,” or “Settled and awaiting dismissal.” Having an understanding of what is a calendar call in court means knowing precisely when and how to respond.
Possible Results Of A Calendar Call Court Hearing
What is a calendar call in court? After the status report is given to the judge, an order is issued. The result determines what happens next in your case.
Case Is Set For Trial
The judge fixes an absolute date or puts the case “on call,” which means that it can be called to trial at any time within that court term.
Continuance Is Granted
In case a party “is not ready,” the judge will postpone the trial to some future day. It happens in case of incomplete discovery or in case important motions are pending.
Case Is Settled
After the parties disclose a settlement, the judge signs an order of dismissal, taking the case off the trial calendar.
Dismissing For Failure To Appear
So, can a case be dismissed at calendar call? When either a party or his/her lawyer does not appear, the judge may strike the case from the calendar or dismiss the case altogether. This is why it is strictly important to understand what is a calendar call in court.
What Is A Calendar Call In Court? Is A Case Dismissable At Calendar Call?
Yes, a case can be dismissed at calendar call. This is one of the most severe sanctions for this hearing.
Dismissal For Failure To Appear
This is an important aspect when dealing with the answer to “What is a calendar call in court?”. If the plaintiff or his attorney do not appear at the calendar call court hearing, the judge will dismiss the action “for lack of prosecution.” The court presumes the party has lost interest in trying the case.
Defense Failure To Appear
If the defendant does not show up, the court can enter a default judgment against him.
Backdating A Dismissal
When a case is struck from the calendar, a party can file a motion to put it back on the calendar. Local court rules generally have formal procedures to put a case back on the calendar.
This risk underscores the value of turning what is otherwise a calendar call in court into a required and solemn proceeding.
The Risk Of Continuances And Judicial Displeasure
Although a calendar call meaning involves permission for continuances, providing too many is problematic. Judges want parties to accelerate their cases. Ongoing delay requests, or failure to supply a fixed trial date, will get the judge to exercise greater control over the case and even punish it.
How To Prepare For A Calendar Call
Whether you are a lawyer or a pro se party, preparation for what is deemed to be a calendar call in court is necessary.
Pre-Call Checklist
Prior to the hearing, you need to ensure the following:
Location And Format
Is the hearing in court or virtual? Post-pandemic, most courts have initiated remote presence for initial calls.
Status Ready
Are all key steps done? Discovery (getting all the facts) and reports from expert witnesses are included. Know your calendar call meaning of “ready.”
Settlement Status
Did you just settle with the other party? If you have completed the settlement, you may advise the judge.
Motion To Continue
When you require additional time, write a formal motion to continue beforehand, listing the precise reasons for the delay.
Jurisdictional Differences
The level of specificity about what a calendar call is in court varies from jurisdiction to jurisdiction. The federal courts use longer scheduling orders and fewer calendar calls in bulk.
State courts, particularly high-volume jurisdictions, use the calendar call court system significantly to manage their heavy case loads. Be sure to review your local court’s Rules of Civil Procedure.
FAQs – Typical Questions About Calendar Calls
What is a calendar call in court? The calendar call court hearing is a significant aspect of the case process, keeping cases moving within the system. Having an understanding of what a calendar call is in court and being adequately prepared will help avoid delays and dismissal so that your case stays active.
If the plaintiff fails to appear at calendar call, the case can be dismissed on grounds of non-prosecution. If the defendant fails to appear, default judgment can be entered.
You have to be prompt: file a motion to set aside the default or dismissal and reinstate the case to the calendar, expressing a sufficient reason for your non-appearance.
The lawyer addresses the client typically. They do a short statement regarding their status, e.g., “Ready for trial, Your Honor.”
As a pro se (self-represented party), you will be required to speak for yourself. Judges like short, factual readiness announcements or reasons for a requested continuance.
No, a calendar call court hearing is not the same as the trial date. The calendar call is the administrative hearing in which the court sets the trial date. After a successful calendar call, your case may be placed “on call” or set for a particular date when the trial will begin.
