Rule 3.1380. Mandatory settlement conferences

(a) Setting conferences On the court’s own motion or at the request of any party, the court may set one or more mandatory settlement conferences.

(b) Persons attending Trial counsel, parties, and persons with full authority to settle the case must personally attend the conference, unless excused by the court for good cause. If any consent to settle is required for any reason, the party with that consensual authority must be personally present at the conference.

(c) Settlement conference statement No later than five court days before the initial date set for the settlement conference, each party must submit to the court and serve on each party a mandatory settlement conference statement containing:

(1) A good faith settlement demand;

(2) An itemization of economic and noneconomic damages by each plaintiff;

(3) A good faith offer of settlement by each defendant; and

(4) A statement identifying and discussing in detail all facts and law pertinent to the issues of liability and damages involved in the case as to that party. The settlement conference statement must comply with any additional requirement imposed by local rule.

(d) Restrictions on appointments A court must not:

(1) Appoint a person to conduct a settlement conference under this rule at the same time as that person is serving as a mediator in the same action; or

(2) Appoint a person to conduct a mediation under this rule.

Committee Notes

(Subd (a) amended effective January 1, 2008; previously amended effective January 1, 1995, and July 1, 2002.)

(Subd (b) amended and relettered effective July 1, 2002; adopted as subd (c); previously amended effective January 1, 1995.)

(Subd (c) amended effective January 1, 2008; adopted as subd (d); previously amended effective January 1, 1995, and January 1, 2007; previously amended and relettered effective July 1, 2002.)

(Subd (d) adopted effective January 1, 2008.)