Rule 6.012 - SETTLEMENT CONFERENCES IN CIVIL CASES(1) Cases designated by the court shall be scheduled for a mandatory settlement conference approximately 60 days before trial. The purpose of the mandatory settlement conference is to provide a forum to resolve disputes before trial through the active participation of counsel and the court.(2) The court shall require the attendance of all parties and their trial attorneys. When a party is insured, a representative of the insurance company with authority to settle the case shall be in attendance or readily available by telephone. An out-of-county or out-of-state party may request in writing to be excused from appearing at a settlement conference. The judge conducting the settlement conference may excuse the party from appearing, although the party may be required to participate by telecommunication.(3) Cases set for a settlement conference shall retain their place on the trial docket. If a case does not settle, no reference shall be made to any settlement discussion except in any subsequent settlement proceeding and a judge other than the one who participated in the settlement conference shall be assigned to try the case.(4) For a meaningful settlement conference to take place, all attorneys and parties must participate in good faith. The failure of any person to comply with these rules, appear at, or participate in a settlement conference, unless good cause is shown for any such failure, may result in the court imposing appropriate sanctions as described in UTCR 1.090.(5) Parties are required to file, not less than seven (7) days prior to the date of the settlement conference, a detailed settlement conference statement with the court. The date and time of hearing shall be typed on the face sheet of the statement. (a) In the case of personal injury/property damage litigation, the plaintiff is directed to prepare a summary of facts, a summary of the injuries and/or damages, a summary of any special legal issues involved, and a settlement demand. Plaintiff shall attach a copy of the most recent medical report(s). The defendant is directed to prepare a similar statement setting forth the defendant's version of the facts, the injuries, legal issues, settlement offer, and a copy of the most recent defense medical report(s).
(b) In other classifications of cases each side shall prepare an appropriate settlement statement setting forth a summary of the facts, legal issues, damages, and relief demanded, together with a plaintiff's demand or defendant's offer.(c) The purpose of the statement is to inform and assist the settlement judge and it should be sent directly to that judge. The statement should not be sent to opposing counsel and will not be filed in the case.(6) In the event settlement negotiations are not successful, counsel should expect and be prepared to proceed to trial on the date scheduled. Every effort will be made by the court to ensure that the case proceeds to trial on the date scheduled.(7) If a settlement is reached, the parties shall place notice of the settlement on the record. Settlements that occur after the scheduled conference are to be reported as required by UTCR 6.020 and SLR 6.015.Douglas Supp. L. R. 6.012
Amended effective 2/1/2024.