Rule 6.012 - SETTLEMENT CONFERENCES - CIVIL(1) The court, on its own motion or upon the request of any party, may set a mandatory settlement conference. Scheduling of a settlement conference is subject to judicial availability and a settlement conference shall not be scheduled to delay trial of the case. The pretrial judicial settlement conference will not be required if either party demonstrates good cause why the judicial settlement conference should not be held.(2) The purpose of the judicial 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 or readily available by telephone. Upon a showing of good cause, the judge, conducting the judicial settlement conference, may excuse a party from personally appearing, but the party may be required to participate by telecommunication.(3) Any mandatory mediation must be completed prior to the date set for the judicial settlement conference.(4) Pretrial judicial 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 judicial settlement conference. (5) For a meaningful judicial 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 judicial 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 for a judicial settlement conference shall retain their place on the trial docket. (6) 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. (7) 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. (8) Upon a settlement being reached, the court will enter a Judgment of Dismissal on settlement giving the parties 30 days in which to submit the final judgment. A longer period may be allowed if requested by the parties.(9) Settlement conference memos and materials meant to be ex-parte should not be filed. Such documents may be mailed or emailed to court staff to be forwarded to the settlement judge. Statements and other documents submitted to the judge by the parties and materials, or notes prepared by the judicial settlement conference judge are confidential and will be destroyed by the judicial settlement conference judge. Malheur Supp. L. R. 6.012
Amended effective 2/1/2024.