Local Rule LR 16.5: Captious Settlement Tactics
E.D. La. — Civil rule
LR 16.5 Captious Settlement Tactics When notice of settlement is not provided as required by LR 16.4 or when a case is settled within 24 hours before trial, or after trial has commenced, and the court is not aware of circumstances that indicate that this development was reasonable, counsel must show that the failure to give notice of settlement or the failure to agree on settlement at an earlier time was not the result of captious tactics, did not constitute merely the acceptance of an offer earlier refused as part of a calculated tactic of delay in reaching a settlement to obtain further advantages in disregard of the interests of others, or did not result from some other cause amounting to interference with the orderly conduct of judicial business. If counsel fails to make this showing, the court may assess or apportion jury costs, including attendance fees, marshal's costs, mileage and per diem, against the parties or counsel deemed responsible. [Amended February 1, 2011]