Polk Cnty. Supp. L. R. 4.205

As amended through June 11, 2024

Rule 4.205 - CRIMINAL SETTLEMENT CONFERENCES

The following procedures shall apply to criminal settlement conferences, when requested by a party or the party's attorney:

(1) Any party may request a settlement conference by submitting a request to the presiding judge. Early requests are encouraged, and requests for assignment to a particular judge will be honored if possible.

(2) The settlement conference judge shall not act as trial judge if the case does not settle. Materials or notes prepared by the pretrial settlement judge will remain confidential and will not be placed in the court file in the event that the case does not settle. the settlement conference judge will be the sentencing judge if the case settles. The assigned settlement judge will determine whether a pretrial statement or other document must be submitted to the judge prior to the settlement conference, when it should be submitted, and whether it will be confidential or non-confidential. The assigned settlement judge will determine the appropriate method for reporting settlement and will determine whether a trial setting conference must be held prior to the pretrial settlement conference and removing the case from the active trial docket.

(3) If one party requests a pretrial settlement conference, the settlement conference may be held upon consultation and agreement with the other party and must be conducted according to the procedure set forth in this rule.

(4) All trial attorneys and the defendants must be present for the settlement conference. The judge may permit telephone or electronic appearances for good cause.

(5) Each settlement conference shall be scheduled to allow adequate time for meaningful settlement discussions. Additional settlement conferences may be scheduled by the judge or by agreement of all attorneys and parties.

(6) The pretrial settlement conference shall not delay the trial scheduling without permission of the court.

(8) The presiding judge will determine whether a trial setting conference must be held prior to the pretrial settlement conference.

Polk Cnty. Supp. L. R. 4.205

Amended effective 2/1/2024.