Rule 6.012 - PRETRIAL SETTLEMENT CONFERENCE PROCEDURESThe following procedures shall apply to pre-trial settlement conferences in all pending civil, other than domestic relations cases, when ordered by the court pursuant to UTCR 6.010, 6.200, or requested by a party or the party's attorney:
(1) Any party requesting a judicial settlement conference shall attempt to obtain the opposing party's position regarding the conference. The opposing party's position or a description of attempts to obtain it shall be included in the request.(2) If one party requests a pre-trial settlement conference, and if the trial judge approves, and if a judge can be reasonably made available, then the settlement conference shall be held and shall be conducted according to the procedures set forth in this rule. (a) Except in the case where the court orders a conference, the pre-trial settlement conference will not be required if the opposing party demonstrates good cause why the settlement conference should not be held. A pretrial trial scheduling conference, if any, will be held after the settlement conference, unless a pretrial scheduling order or plan contains a date for a settlement conference that does not delay the scheduled trial.(b) The judge conducting the settlement conference may require the party requesting a conference to certify that reasonable efforts to achieve settlement have been attempted by the parties and that they have been unable to resolve the controversy without the court's assistance.(c) For purposes of planning adequate space for the conference, each party must notify the court as soon as possible but no less than ten (10) days prior to the settlement conference how many individuals they expect to attend the settlement hearing including victims, witnesses, and any additional family or support persons.(3) The trial judge, upon request of a party or parties, in consideration of the request, may approve the request and seek to obtain an in-district or out-of-district judge in coordination with the Presiding Judge and TCA.(4) Each trial attorney and party or representative of a corporation or insurance company who has full authority to settle and compromise the litigation shall personally appear at the pre-trial settlement conference. However, the assigned judge may permit telephone appearances in lieu of personal appearance for good cause. Nevertheless, the individual with settlement authority shall be immediately available during the settlement conference for consultation by parties' counsel and the settlement judge.(5) Each pre-trial settlement conference shall be scheduled to allow adequate time for meaningful settlement discussions. Additional settlement conferences may be scheduled by the assigned judge or by agreement of all attorneys and parties.(6) The pre-trial settlement conference may not delay the trial scheduling.(7) No judge conducting a pre-trial settlement conference under this rule shall be permitted to act as trial judge if the case does not settle unless the parties stipulate to such procedure. The settlement judge may take any stipulated agreement upon the record and approve any stipulated judgment.(8) Each attorney or party shall submit to the assigned judge, at least one (1) business day prior to the scheduled pre-trial settlement conference information regarding the case. Any documents or information submitted to the judge shall be presumed confidential unless a copy is provided to the opposing side(s). The assigned judge shall make available forms for the submission of such information, but an attorney or party may submit such other or further information to the judge to inform the court of the issues in the case.(9) No submissions under SLR 6.012(7) shall be included in the court file, nor shall any notes prepared by the judge be filed or otherwise disclosed, except by permission of the attorneys or parties or by court order. All matters submitted to the settlement judge shall be marked substantially PLAINTIFF/DEFENDANT'S SETTLEMENT MEMORANDA, DO NOT FILE, DO NOT DISTRIBUTE.(10) The assigned pre-trial settlement conference judge shall inform the courtroom judicial assistant of the occurrence of the conference, the possibilities of settlement, the outcome of the conference, and the estimated length of trial time if a complete settlement is not reached. No other information regarding the case or the conference shall be communicated to the trial judge or the jury.Amended effective 2/1/2024.