Rule 6.012 - SETTLEMENT CONFERENCES(1) If one party requests a pretrial settlement conference, or in cases designated by the court, a mandatory settlement conference shall be held. However, scheduling of a settlement conference is subject to judicial availability and a settlement conference shall not be scheduled so as to delay trial of the case. The pretrial settlement conference will not be required if the opposing party demonstrates good cause why the settlement conference should not be held.(2) Any request for a judicial settlement conference should be made by written motion supported by an affidavit containing the following information: (a) The date of filing of the case and, in civil and domestic relations cases, the date each defendant or respondent was served;(b) In criminal cases, defendant's release status and, if defendant is in custody, whether defendant has waived his or her right to trial within sixty (60) days;(c) All future court dates, including the trial date, if set;(d) Anticipated length of trial;(f) Status of the pleadings, i.e. whether all pleadings have been filed and the case is at issue;(g) Status of discovery and whether the discovery process has been completed;(h) Whether motions must be heard prior to the settlement conference and whether such motions have been filed;(i) A detailed description of the efforts the parties have made to date to settle the case without the assistance of the court (do not disclose any details regarding offers of settlement);(j) A description of all unsettled matters in the case;(k) The position of all parties and counsel regarding the motion for a judicial settlement conference;(l) Whether non-judicial settlement options are available and, if so, why such non-judicial options are not being used; and (m) Reasons that demonstrate a particular need for a judicial settlement conference.(3) The decision on the motion for judicial settlement conference will be made by the assigned trial judge. No case will be scheduled for a judicial settlement conference unless the assigned trial judge has ordered that the case be so scheduled. The court will prepare an appropriate order. A form of order scheduling a settlement conference is attached as set forth in Appendix 1 located at www.courts.oregon.gov/courts/deschutes/go/Pages/rules.aspx. (4) The purpose of the settlement conference is to provide a forum to resolve disputes before trial through the active participation of counsel and the court. The attendance of all parties and their trial attorneys is required. When a party is insured, a representative of the insurance company with authority to settle the case shall be in attendance. Upon a showing of good cause, the judge conducting the settlement conference may excuse a party from personally appearing, but the party may be required to participate by conference call. (5) Pretrial settlement conferences shall be conducted by a judge other than the assigned trial judge, unless all parties stipulate in writing that the trial judge may also conduct the settlement conference.(6) For a meaningful settlement conference to occur, all attorneys and parties must participate in good faith. The failure of any person to comply with these rules, appear at, or participate in a settlement conference, unless good cause is shown for any such failure, may result in the court imposing appropriate sanctions as described in UTCR 1.090. Cases set for a settlement conference shall retain their place on the trial docket.(7) If settlement negotiations are not successful, counsel should be prepared to proceed to trial on the date scheduled. The court will make every effort to ensure the case proceeds to trial on the date scheduled.(8) If a settlement is reached, the parties shall place notice of the settlement on the record before the scheduled trial date, in accordance with UTCR 6.020.Deschutes Supp. L. R. 6.012
Amended effective 2/1/2024.