SLR 5-6.012: SETTLEMENT CONFERENCES IN CIVIL PROCEEDINGS

(1) The court requires settlement conferences prior to trial as authorized by UTCR 6.010(1)(g) on all civil cases except domestic relations, landlord tenant evictions, cases subject to mandatory arbitration, foreclosures, and small claims. The pretrial settlement conference will be held as authorized by UTCR 6.200(1) & (2)(a) unless the court finds good cause why the settlement conference should not be held. The court may order a settlement conference in selected domestic relations matters. (2) The pretrial settlement conference shall not delay the trial scheduling. (3) Without the consent of both parties, the settlement conference judge shall not be permitted to act as the trial judge if the case does not settle. (4) The following persons must appear at the settlement conference in person, or remotely as authorized by SLR 7.044, unless excused in advance by the court for good cause: (a) The parties; (b) The trial attorneys; and (c) The insurance company representatives who have the authority to settle the case. (5) When appropriate, an insured party may appear by such party’s trial counsel and insurance carrier. Under UTCR 6.010(2), any party who is required to appear, or any insurance agent appearing for the party, may apply to the court to appear by video conference. If a party secures advance permission of the court for an appearance by video conference, that party must provide the laptop and the technology to accomplish the video conference. The party making the request shall be responsible for setting up the Page 10 of 37 video conference and ensuring a successful video and audio connection for the duration of the conference. (6) Notwithstanding the information required in subsection (7) of this rule, pretrial statements are not required in civil cases. Any pretrial statements and supporting documents parties wish to submit to the settlement judge shall be submitted via email to their judicial office as close in time to assignment of the conference to the judge as is practicable, to allow for reading prior to the conference. Parties may also present a conventional copy of the submitted documents to the settlement judge at the time of the conference. Documents submitted under this subsection shall be maintained in a separate confidential file, except for those documents required to be filed in domestic relations cases. (7) In domestic relations cases, information and documents required under UTCR 8.010 (4) and (5), regarding distribution of assets and support, must be filed and served at the time of the pretrial conference. (8) When a case is reported settled, the court will remove it from the trial calendar and will send out a twenty-eight (28) day Notice of Dismissal to all parties. If the court does not receive an appropriate order or judgment within twenty-eight (28) days of the Notice, the case will be dismissed for want of prosecution in accordance with UTCR 6.020(2). (9) The materials and notes prepared by the pretrial settlement judge are not placed in the trial court file and are maintained as separate confidential records. (10) With the exception of information and documents listed in subsection (7) above, no document submitted for the purpose of a settlement conference shall be electronically submitted. (11) Failure to comply with any of the above may result in sanctions being imposed by the court as provided under UTCR 1.090, ORCP 69B, or any other applicable rule or law.