As amended through June 11, 2024
Rule 7.016 - Settlement Conferences in Criminal Proceedings(1) After a resolution conference, at the discretion of the court, a settlement conference may be held at the request of either party on the record or in writing. The settlement conference will be held at least 21 days prior to trial. The purpose of the settlement conference is to provide an opportunity for the early resolution of the case, if appropriate. No settlement conference will be permitted unless the provisions of subsection (2) herein have been met.(2) No later than seven days prior to the date of the settlement conference both parties must submit settlement memoranda as follows:(a) The district attorney or the assigned deputy must submit, in writing to the court, a memorandum with a detailed settlement offer including, but not limited to, the proposed; counts of resolution, grid blocks, if any, terms and duration of incarceration and terms and duration of probation. The memorandum will also include a statement that the alleged victim was notified of the conference date and time. (b) Defense counsel must submit, in writing to the court, a memorandum that counsel has informed and discussed the offer with their client and the District Attorney. If defense counsel is prepared to make an offer, defense counsel must include in the memorandum detailed settlement offer including all components required herein above of the District Attorney. Defense counsel must inform his client of the offer.(c) If either party fails to submit a settlement memorandum within the time described above, the judge assigned may remove the settlement conference from the docket. (3) The same attorneys who submitted settlement memorandums must attend the settlement conference. The prosecuting attorney appearing must have at all stages of the proceeding full authority to dispose of the case.(4) The defendant must be personally available at the settlement conference and remain present and available for discussion with counsel. If a negotiated disposition has been tendered to the defendant, the defendant must inform the court of the defendant's decision by a deadline to be imposed by the court.(5) Settlement conference memorandums submitted by the parties are confidential documents.Amended effective 2/1/2024.