Local Rule Civil Rule 16.3: Settlement Conferences and Proceedings

Civil Rule 16.3 Settlement Conferences and Proceedings a. Mandatory Settlement Conference. In each civil action, a mandatory settlement conference must be scheduled before the assigned magistrate judge or such other judge as the assigned district judge may direct. If the judge assigned to conduct the settlement conference determines that a case is ready for a settlement conference prior to the scheduled date, the judge may order the parties and counsel to appear for such a conference. b. Attendance of Parties. The judge conducting the settlement conference may require the parties or representatives of a party other than counsel, who have complete authority to negotiate and enter into a binding settlement, to be present at the settlement conference. The judge conducting the settlement conference may conduct the proceeding by video conference, in their discretion. c. Disqualification of Judge. The judge conducting the settlement conference will be disqualified from trying the case unless there is an agreement by all the parties to waive this restriction. d. In Camera Communications. The judge conducting the settlement conference may receive in camera communications from each party and its counsel, and must maintain such in confidence unless there is a stipulation to the contrary. e. Follow-Up Settlement Conference. The judge conducting the settlement conference may schedule as many follow-up settlement conferences as the judge finds appropriate in light of the complexity of the matter or any circumstances in the case. f. Alternative Settlement Procedures. A judge may order a non-binding mini-trial or summary jury trial in all cases the judge finds, after a hearing with an opportunity to be heard, that (1) the potential judgment does not exceed $250,000 and (2) that the use of this procedure will probably resolve the case. In determining whether to order a mini-trial or summary jury trial, the judge must also consider the costs of the procedure and the costs that may be saved by ordering such a non-binding trial. After considering the above and any other relevant factors, the judge may order the parties to participate in a non-binding mini-trial or summary jury trial notwithstanding that one or more of the parties has objected thereto. A judge may also order a non-binding mini-trial or summary jury trial in all other cases where the parties have consented to such procedure. g. Post-Verdict Settlement Conferences. In the event that a civil case is tried before the Court or a jury and a verdict is returned, the trial judge may order the case referred to another judge or such other judge the parties mutually agree upon for the purpose of scheduling a settlement conference. The judge holding the settlement conference will immediately schedule the settlement conference and order the parties and counsel to be present, or by video conference in their discretion. This conference must be held before the judgment becomes final. h. The settlement conference will be off the record, privileged and confidential, unless otherwise ordered by the Court.