As amended through June 11, 2024
Rule 6.012 - MANDATORY SETTLEMENT CONFERENCE(1) All cases on the trial setting conference calendar assigned a time and place for trial shall be calendared for a mandatory settlement conference approximately four (4) weeks prior to the trial unless good cause is shown. 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)(a) At the mandatory settlement conference, the court shall require the attendance of all parties and their trial attorneys. When a party is insured, a representative of the insurance company who has full authority to settle the case shall be in attendance.(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 or presiding judge in advance of the scheduled settlement conference. The judge shall rule on said request and, if appropriate, excuse the party from appearing.(3)(a) Settlement conferences shall be held informally before a 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 list. If the case does not settle at such 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 unless all parties agree to allow the settlement conference judge 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 following the settlement conference.(4) In any civil case, the court may require the parties to file, not less than fourteen (14) days prior to the date of the settlement conference or the continuance thereof, a detailed settlement conference statement with the court and serve a copy on opposing counsel. The date and time of hearing shall be typed on the face sheet of the statement.(5) 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.(6) 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 calendar clerk. The presiding judge, or designee, shall rule on said request and, unless good cause is shown why such conference is not appropriate, calendar the matter for a voluntary settlement conference.(7) When the parties report to the court that a civil case has been settled, the calendar clerk will remove the case from the trial calendar and cause a 63-day conditional notice of dismissal to be sent to all parties.Amended effective 2/1/2024.