Rule LCAR 4.4 - NOTICE OF SETTLEMENT(a)Notice of Settlement. After any settlement that fully resolves all claims against all parties, the plaintiff shall, within five judicial days or before the arbitration hearing, whichever is sooner, file and serve a written notice of settlement. The notice shall be filed with both the arbitrator and the Court. Where the notice cannot be filed with the arbitrator before the arbitration hearing, the plaintiff shall notify the arbitrator of the settlement by telephone prior to the hearing, and the written notice shall be filed and served within five judicial days after the settlement. (b)Form of Notice. The notice of settlement shall be in substantially the following form: NOTICE OF SETTLEMENT OF ALL CLAIMS AGAINST ALL PARTIES
Notice is hereby given that all claims against all parties in this action have been resolved. Any trials or other hearings in this matter may be stricken from the court calendar. This notice is being filed with the consent of all parties.
If an order dismissing all claims against all parties is not entered within 45 days after the written notice of settlement is filed, or within 45 days after the scheduled trial date, whichever is earlier, and if a certificate of settlement without dismissal is not filed as provided in SCCAR 4.4(d), the case may be dismissed on the Clerk's motion pursuant to SCCAR 4.4(c).
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Date
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Attorney for Plaintiff
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WSBA No.
(c)Dismissal on Clerk's Motion. See LCR 41(b)(2). (d)Settlement Without Dismissal. If the parties have reached a settlement fully resolving all claims against all parties, but wish to postpone dismissal beyond the period set forth in section (c) above, the parties may, within 30 days after filing the Notice of Settlement of All Claims, file a Certificate of Settlement Without Dismissal in substantially the following form (or as amended by the Court): CERTIFICATE OF SETTLEMENT WITHOUT DISMISSAL
I. BASIS1.1 Within 30 days of filing of the Notice of Settlement of All Claims required by King County Local Rules for Mandatory Arbitration 4.4(a), the parties to the action may file a Certificate of Settlement Without Dismissal with the Clerk of the Superior Court. II. CERTIFICATE2.1 The undersigned counsel for all parties certify that all claims have been resolved by the parties. The resolution has been reduced to writing and signed by every party and every attorney. Solely for the purpose of enforcing the settlement agreement, the Court is asked not to dismiss this action.2.2 The original of the settlement agreement is in the custody of:____________________________________________
at:____________________________________________.
2.3 No further Court action shall be permitted except for enforcement of the settlement agreement. The parties contemplate that the final dismissal of this action will be appropriate as of :_________________________________. Date: ____________________________________
III. SIGNATURES Attorney for Plaintiff/Petitioner
Attorney for Defendant/Respondent
WSBA No.________________ WSBA No._________________
Attorney for Plaintiff/Petitioner
Attorney for Defendant/Respondent
WSBA No.________________ WSBA No._________________
IV. NOTICE The filing of this Certificate of Settlement Without Dismissal with the Clerk automatically cancels any pending due dates of the Case Schedule for this action, including the scheduled hearing date.
On or after the date indicated by the parties as appropriate for final dismissal, the Clerk will notify the parties that the case will be dismissed by the Court for want of prosecution, unless within 14 days after the issuance a party makes a written application to the Court, showing good cause why the case should not be dismissed.
King Cnty. Sup. L. Ct. R. LCAR 4.4
Adopted effective 1/1/1990; amended effective 9/1/1992;9/1/1993;9/1/2004;9/1/2009;9/1/2020;9/1/2021.