Rule Text
A. A judge shall accord to every person who has a legal interest in a proceeding, or that person’s lawyer, the right to be heard according to law.
B. A judge may encourage parties to a proceeding and their lawyers to settle matters in dispute but shall not act in a manner that coerces any party into settlement.
Amendment history: Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012. Adopted by Supreme Court Order No. 11-8300-045, effective January 1, 2012.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule says that everyone with a legal stake in a case has the right to speak up and be heard in court. If you're involved in a case, either you or your lawyer must be given a fair chance to present your side. Judges cannot shut people out of the process or ignore someone's right to make their case.
The rule also talks about settlements. Judges can suggest that people try to work out their disagreement instead of going through a full trial. But judges cannot pressure or force anyone into accepting a settlement. The decision to settle has to be voluntary, not something a judge pushes someone into against their will.
Committee Notes
Committee commentary. —
[1] The right to be heard is an essential component of a fair and impartial system of justice. Substantive rights of litigants can be protected only if procedures protecting the right to be heard are observed.
[2] The judge should be careful that efforts to further settlement do not undermine any party’s right to be heard according to law. The judge should keep in mind the effect that the judge’s participation in settlement discussions may have, not only on the judge’s own views of the case, but also on the perceptions of the lawyers and the parties if the case remains with the judge after settlement efforts are unsuccessful.
