Clear. Cnty. Pa. 212.5

Current through April 27, 2017
Rule 212.5 - Settlement Conference
(a) In any action, the Court, on written application of any party, may list the case for, a settlement conference if the following requirements are met:
(1) Praecipes for trial have been filed with the Prothonotary.
(2) All preliminary motions have been resolved.
(3) All counsel involved in the case agree to the submission of the case.
(4) All counsel agrees there is a reasonable chance of settlement.
(5) All discovery has been completed.
(b) The name of the insurance carrier must be disclosed and a representative of the insurance carrier must be present at the settlement conference with unlimited authority.
(c) The Plaintiffs and Defendants, if there is no insurance, in all cases listed must be present at the settlement conference.
(d) In order to expedite the preparation of the settlement conference list, counsel are required to submit the following information:
(1) Caption of case and number.
(2) Companion case, if any; and number.
(3) Date praecipe for trial was filed.
(4) Names of all counsel involved in case.
(5) Names of insurance carriers.
(6) Names of insurance company representatives who attend conference.
(7) Policy limits of applicable insurance, if any.
(e) Counsel shall submit a memorandum to the judge before whom the case is scheduled at least ten (10) days prior to the scheduled conference.
(f)
(1) Counsel shall be notified at least thirty (30) days in advance of settlement conference of the scheduling thereof.
(2) Settlement conference memoranda shall include, but not be limited to a statement of facts, damages, stipulations desired, witnesses, negotiations, strength and weaknesses of each side of the case and any unusual law. The parties' memoranda shall be for the eyes of the settlement conference judge only. There is to be no exchange by the parties of the memoranda.
(3) Failure to submit a memorandum in accordance with these rules and/or failure to promptly attend the settlement conference may be deemed to be contempt of Court and subject to such sanctions as the Court may impose.
(g)
(1) The settlement conference Judge may request part of the time alone with each attorney in order to discuss strengths and weaknesses of each side of the case.
(2) In the event no settlement is reached, further attempts to settle the case as the settlement conference Judge deems appropriate shall be instituted by said Judge, with the approval of the President Judge if the settlement conference Judge is a Senior Judge.
(i) Where the case has been assigned to one Judge for trial, the other Judge or a Judge specifically assigned shall be assigned as the settlement conference Judge.

Clear. Cnty. Pa. 212.5