Rule 6.012 - Mandatory Settlement Conference(1) A settlement conference must be held if requested by a party. However, a settlement conference will not be required if a party demonstrates good cause why the settlement conference should not be held. Each settlement conference shall be scheduled to allow adequate time for meaningful settlement discussions.(2)(a) At the mandatory settlement conference, the court shall require the attendance of all parties and their trial attorneys. A representative of a corporation or insurance company who has full authority to settle and compromise the litigation must personally appear at the mandatory settlement conference, unless the judge permits telephonic appearance for good cause.(b) An attorney, party, or representative of a corporation or insurance company may apply to be excused from appearing at the mandatory settlement conference by initiating a conference call to the assigned judge in advance of the scheduled settlement conference. The judge shall rule on the request and, upon good cause shown, excuse the party from appearing.(3)(a) Settlement conferences shall be held informally before a judge other than the assigned trial judge at a time and place provided by the presiding judge. The conference may be continued by the judge or by agreement of all attorneys and parties. Each case on the settlement conference calendar shall retain its place on the civil active trial list. If the case does not settle at the settlement conference, no reference shall thereafter be made to any settlement discussion had under this rule, except in subsequent settlement proceedings.(b) In the event that a settlement is not reached at the settlement conference, a judge, other than the one who participated in the settlement proceeding, shall be assigned to try the case. Any notes or materials submitted by the settlement parties or prepared by the settlement judge shall be sealed and remain so except by order of the court.(4) Settlement conference statements submitted by the parties are confidential documents. They will not be part of the court file. They will be retained by the settlement conference judge. After completion of the settlement conference, the statements and any attached material will be returned to the submitting party.(5)(a) A voluntary settlement conference may be requested by any party to an action at any stage of the proceeding by filing a request for a voluntary settlement conference with the court. The settlement conference shall be held at least twenty-one (21) days prior to trial. In criminal cases, no later than twenty-one (21) days prior to the date of the settlement conference, the district attorney shall submit to the court in writing a detailed settlement offer including: the counts of resolution; grid blocks, if any; terms and duration of incarceration; and terms and duration of probation.(b) In criminal cases, defense counsel shall, fourteen (14) days prior to the date of the settlement conference, submit in writing a certificate that counsel has informed and discussed the offer with the defendant and the district attorney. If defense counsel is prepared to make an offer, defense counsel shall submit to the court in writing a detailed settlement offer including all components required in paragraph (5)(a) of this rule. Defense counsel shall inform his client of the offer. The same attorneys shall attend the settlement conference. The prosecuting attorney appearing shall have at all stages of the proceeding full authority to dispose of the case.(6) In civil cases, once the parties report to the court that the case has been settled, the court will remove the case from the trial calendar and cause a sixty-three (63) day conditional notice of dismissal to be sent to all parties.(7) In the event settlement negotiations are not successful, counsel should expect and be prepared to proceed to trial on the scheduled date. Every effort will be made by the court to ensure that the case proceeds to trial as scheduled. The court will deny all requests for continuance except for good cause shown.(8) In civil cases, five (5) days before the settlement conference, each party shall submit to the settlement conference judge a confidential statement that contains: (a) A brief summary and analysis of the key issues involved in the litigation; and(b) The status of any settlement negotiation.Klamath Supp. L. R. 6.012
Amended effective 2/1/2024.