Rule 12.2 - Mandatory civil Settlement Conference; confidential settlement conference letter(a) Settlement conference. During the scheduling 13 conference held pursuant to Rule 12(a) of these Rules, the judge shall set a settlement conference for a date before trial, unless the judge believes another judge should conduct the settlement conference, in which case a settlement conference date shall be issued no later than 30 days after the scheduling conference. Alternative dispute resolution options, including but not limited to mediation, shall be discussed at the scheduling conference held pursuant to Rule 12(a) of these Rules, and if the alternative dispute resolution process(es) are determined to be appropriate, the court should consider including orders scheduling and to facilitate the alternative dispute resolution process(es) in the scheduling order. Any party may also file a request for settlement conference at any time prior to trial. A settlement conference in civil cases shall be subject to the following guidelines: (1) If a party settles or otherwise disposes of any action prior to a scheduled settlement conference, the party shall immediately notify the judge who scheduled the conference; (2) Each party to the action shall attend the conference or be represented by an attorney or other representative who has authority to settle the case; (3) For each party represented by counsel an attorney who is assigned to try the case shall attend the settlement conference. It is expected that the attorney will have become familiar with all aspects of the case prior to the conference; (4) Each party to the action shall have thoroughly evaluated the case and shall have discussed and attempted to negotiate a settlement through an exchange of written bona fide and reasonable offers of settlement prior to the conference; Unless otherwise ordered by the court, the Plaintiff(s)' offer(s) shall be made prior to the Defendant(s)' offer(s). The specific timing of the offers shall be discussed at the scheduling conference held pursuant to Rule 12(a) of these Rules, and the court should consider including deadlines for the offers in the scheduling order;(5) The judge conducting the settlement conference may, at the conclusion of said conference, continue said conference to another time and date, and from time to time thereafter for continued settlement negotiations if the judge has reason to believe a settlement can thereby be effectuated; (6) Sanctions. The failure of a party or the party's attorney to appear at a scheduled settlement conference, the neglect of a party or the party's attorney to discuss or attempt to negotiate a settlement prior to the conference, or the failure of a party to have a person authorized to settle the case present at the conference shall, unless a good cause for such failure or neglect is shown, be deemed an undue interference with orderly procedures. As sanctions, the court may, in its discretion: (i) Dismiss the action on its own motion, or on the motion of any party or hold a party in default, as the case may be; (ii) Order a party to pay the opposing party's reasonable expenses and attorneys' fees; (iii) Order a change in the calendar status of the action; and/or(iv) Impose any other sanction as may be appropriate. (b) Confidential settlement conference letter. At least 5 working days before the settlement conference, each party shall deliver directly to the settlement conference judge a confidential settlement conference letter, which shall not be filed or served upon the other parties. The confidential settlement conference letter shall not be made a part of the record and confidential information contained in the letter shall not be disclosed to the other parties without express authority from the party submitting the letter. The court will destroy the confidential settlement conference letter no later than entry of final judgment in the case. The confidential settlement conference letter shall include the following:
(1) FOR THE PLAINTIFF: (A) The name, age, marital status and occupation of all noncorporate plaintiffs; (B) A brief statement of the case; (C) A brief statement of the claims and defenses, e.g. statutory and other grounds upon which claims are founded, a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses, and a description of the major issues in dispute, including damages; (D) A summary of the proceedings to date, including a statement as to the status of discovery; (E) An estimate of the time and expenses (including attorney's fees and all litigation costs) to be expended for further discovery, pretrial proceedings, and trial; (F) A brief statement of present demands and offers and the history of past settlement discussions, offers, and demands; and (G) A brief statement of the party's position on settlement. (2) FOR THE DEFENDANT: (A) The age, marital status, occupation and corporate or other legal status of each defendant; (B) The name of the applicable insurance carriers and the stated policy limits; (C) A brief statement of the case;(D) A brief statement of the claims and defenses, e.g. statutory and other grounds upon which claims are founded, a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses, and a description of the major issues in dispute, including damages; (E) A summary of the proceedings to date, including a statement as to the status of discovery; (F) An estimate of the time and expenses (including attorney's fees and all litigation costs) to be expended for further discovery, pretrial proceedings, and trial; (G) A brief statement of present demands and offers and the history of past settlement discussions, offers, and demands; and (H) A brief statement of the party's position on settlement. All written settlement offers submitted pursuant to paragraph (a)(4) of this Rule shall be appended to the confidential settlement conference letter.Added June 22, 1983, effective 7/1/1983; further amended May 24, 1984, effective 7/1/1984; further amended June 28, 1984, effective 7/1/1984; further amended October 21, 1999, effective 1/1/2000; amended October 8, 2020, effective 1/1/2021; amended October 8, 2020, effective 1/1/2021.