A CSI form, short for Confidential Settlement Information statement, is the written brief each party in a California civil case lodges with the settlement judge before a mandatory settlement conference. California Rule of Court 3.1380 requires it at least five court days before the conference and sets out what has to be in it: a good-faith settlement demand or offer, an itemization of damages, and a discussion of the facts and law on liability and damages.1Judicial Branch of California. California Rules of Court – Rule 3.1380 Mandatory Settlement Conferences The point is to give the judge enough to work with before everyone sits down, so the conference itself focuses on closing the gap rather than catching the judge up.
What Must Be Inside the Statement
Rule 3.1380 lays out four core requirements, and local courts often add their own.1Judicial Branch of California. California Rules of Court – Rule 3.1380 Mandatory Settlement Conferences
- A good-faith settlement demand if you are the plaintiff, or a good-faith settlement offer if you are the defendant. These need to be real numbers you would actually accept or pay, not opening-position theater.
- An itemization of damages, split between economic losses (medical bills, lost wages, property damage) and noneconomic losses (pain and suffering, emotional distress). A single lump-sum figure does not meet the rule.
- A statement identifying and discussing in detail the facts and legal authority relevant to liability and damages. Treat it as a condensed trial brief.
- On many local forms, the most recent demand and offer exchanged before the conference, so the judge can see where talks stalled.
Insurance and Liens
If insurance is in play, list the applicable policy limits. Liens belong in the statement too: Medicare conditional payments, Medi-Cal liens, hospital liens, and attorney fee agreements all come out of the plaintiff’s recovery. Spelling them out lets the judge see what a given settlement figure actually puts in the plaintiff’s pocket. A number that looks fair on its face can leave the plaintiff with almost nothing once a sizeable Medicare lien is paid.
Experts and Key Evidence
Rule 3.1380 does not call out expert summaries by name, but the requirement to discuss “all facts and law pertinent to liability and damages” effectively covers them. If a biomechanical engineer’s opinion drives your causation theory or an economist is projecting future lost earnings, summarize what they say. Concrete expert support behind a damages number reads very differently to a settlement judge than a bare assertion of the same figure.
Where to Get the Form
There is no statewide Judicial Council CSI form. Each county Superior Court publishes its own template, and formats vary. Riverside County, for example, uses specific CSI forms for collections cases, while other counties work from a general-purpose version. Check your local Superior Court’s website under “Local Forms” or search for “mandatory settlement conference.” Most courts post fillable PDFs for free download. If you cannot find one online, the civil clerk’s office at the courthouse can hand you a copy.
When and How to Submit It
The statement has to reach the settlement judge, and be served on every other party, no later than five court days before the conference.1Judicial Branch of California. California Rules of Court – Rule 3.1380 Mandatory Settlement Conferences “Court days” excludes weekends and court holidays, so count by the calendar the court uses. A Monday conference means the Monday of the prior week at the latest, assuming no holiday falls in the window.
The statement is lodged, not filed. That distinction matters. A filed document joins the public case record; a lodged document goes to the assigned judge and stays out of it. Many courts now accept submissions through a secure online portal or a dedicated email address. If neither is available, deliver a sealed envelope marked “Confidential” to the settlement judge’s department or chambers. Either way, keep a timestamped receipt or confirmation email. If the court later says it never received the statement, that receipt is your proof.
Who Has to Show Up
Rule 3.1380 requires three categories of people to attend the conference in person: trial counsel, the parties themselves, and anyone with full authority to settle.1Judicial Branch of California. California Rules of Court – Rule 3.1380 Mandatory Settlement Conferences “Full authority” means the person who can say yes to a number without stepping outside to make a call. Settlement judges recognize the stall tactic and sanctions can follow.
If someone other than the named party must consent to a settlement, that person has to be physically present as well. For corporate defendants, that means a representative who can bind the company. For insured defendants, it means the adjuster or claims supervisor with settlement authority, not just defense counsel. A court can excuse attendance for good cause, but the request has to come in advance.
Penalties for Missing or Botching the Statement
Blowing the five-day deadline, submitting an incomplete statement, or failing to appear without good cause exposes you to monetary sanctions. California Code of Civil Procedure section 177.5 allows up to $1,500 for violating a lawful court order without good cause. The practical consequences run further: the court can continue the conference (which delays your whole case), strike pleadings, or issue an order to show cause for additional penalties. Some judges read a missing or threadbare CSI statement as a signal the party is not serious about settling, and that reading tends to color the rest of the day.
Good-faith participation does not end with the submission. Appearing without authority, refusing to negotiate at all, or standing on obviously unreasonable positions can also draw sanctions. The settlement judge has wide discretion, which is why experienced litigators treat the form and the conference as high-stakes work rather than a procedural checkbox.
How Confidential the Statement Really Is
California Evidence Code section 1152 keeps settlement offers and statements made during compromise negotiations out of trial as proof of liability.2California Legislative Information. California Evidence Code 1152 – Offer to Compromise If the case does not settle, the other side cannot tell the jury you offered $200,000 at the conference as evidence you thought your case was weak. Federal Rule of Evidence 408 provides the same kind of protection in federal court.3Legal Information Institute. Federal Rules of Evidence Rule 408 – Compromise Offers and Negotiations
A mandatory settlement conference does not carry the broader confidentiality shield that covers private mediation, though. The Advisory Committee Comment to Rule 3.1380 says so directly: the mediation-specific protections in Evidence Code sections 1115 through 1128 do not apply.1Judicial Branch of California. California Rules of Court – Rule 3.1380 Mandatory Settlement Conferences Your offer is shielded from being introduced at trial, but the absolute confidentiality that attaches to mediations does not automatically travel with it. Courts typically return or shred the physical statements after the conference and delete digital submissions from secure portals, but those are administrative practices, not statutory guarantees.
Federal Court Equivalents
Federal courts do not use the CSI label, but most magistrate judges require a confidential settlement letter or brief before any settlement conference, and the specifics vary by judge. In the Northern District of California, written settlement conference statements go directly to the settlement judge and are not filed with the court.4United States District Court, Northern District of California. Settlement Conferences Most magistrate judges publish standing orders laying out content, length, and attendance rules. Pull the assigned judge’s individual practices from the court’s website before you draft anything, because the requirements can differ substantially even among judges in the same courthouse.