Local Rules

Local Rules of Court -July 1, 2008 CHAPTER 5 SETTLEMENT CONFERENCES RULE 5.1 SETTLEMENT CONFERENCES  Back to Table of Contents (Chap.5)       (a)   The local rules set forth in this chapter are adopted to implement CRC 3.1380 and will apply to all settlement conferences whether mandatory or voluntary. A settlement conference may be set as follows:    1. At the request of any party on the at-issue memorandumor counter at-issue memorandum.      2. By the court’s own motion at any time in the interest of justice and to ensure timely disposition of civil cases.      3. By the Court or any party at the time of the CMC.       4. At the request of any party applying to the court for a specially set settlement conference.       5. A further settlement conference may be set prior to the date set for trial at the request of a party or by the court at the time of initial settlement conference.   (b)   This rule does not prohibit any party from filing a motion on the law and motion calendar, which is generally a separate calendar.   (c)   The court will not continue a settlement conference except upon a filing of a noticed motion. The court will hear the motion at the settlement conference unless an earlier date is requested and ordered.    (Eff. 7/1/99) (Rev. 7/1/08) RULE 5.2 SETTLEMENT CONFERENCE STATEMENT  Back to Table of Contents (Chap.5) Each party must prepare, file, and serve on all other parties a settlement conference statement, in pleading or letter form, at least 5 court days prior to the settlement conference. In addition to the requirements listed in CRC  3.1380(c), the settlement conference statement must include: (a)  A caption including the date and time of the settlement conference and trial date, if set;     (b) The names of the parties and the dates, times, and locations giving rise to the controversy before the court;    (c) A summary of the important facts of the case indicating the parties’ theories of liability;     (d) A statement of any and all legal issues to be resolved by the court;     (e) Copies of all relevant portions of key documents upon which the litigation is based and upon which any party intends to rely;     (f) A list of all motions in-limine to be made at the time of trial;     (g) A list of damages, current and future, and the legal and factual support thereof;     (h) A summary of all previous settlement negotiations;     (i) If an insurance carrier is involved and there are any reservations of rights or policy defenses, the legal and factual support therefor; and     (j) Any other information as that may be directed by the court.   (Eff. 1/1/92) (Amended 1/1/96) (Rev. and renumbered 7/1/99)(Rev. 7/1/08) RULE 5.3 DUTY TO NOTIFY COURT OF SETTLEMENT  Back to Table of Contents (Chap.5) It is the duty of counsel, or the self-represented party, to inform the court immediately if the case is settled.  Notice must be given to the court by filing a written notice of settlement, including any required attachments. Any party may move to seal a settlement agreement attached to the notice of settlement. Failure to notify the court in writing of settlement may be cause for sanctions.  (Eff. 1/1/92) (Amended 1/1/96) (Rev. and renumbered 7/1/99) (Rev. 7/1/08) RULE 5.4 SETTLEMENT OF JURY TRIALS  Back to Table of Contents (Chap.5) (a) In the interest of jurors and taxpayers, the court strongly encourages parties to settle cases set for jury trial no later than 3:00 p.m. on the court day preceding the trial date.  The court must be informed immediately of any settlement.  Jury fees will be forfeited if the court deems it was not timely notified.    (b) Parties must, during the week preceding the date fixed for the trial, keep the court’s calendar secretary advised as to the likelihood of settlement and any other factors that affect the readiness of the case.     (c)  Code of Civil Procedure section 631 et seq. governs the return of jury fees. (Eff. 7/1/99)(Rev. 1/01/02)(Rev. 7/1/08) RULE 5.5 DUTIES OF PARTY AT CONFERENCE  Back to Table of Contents (Chap.5) The trial counsel for each party and each self-represented party must attend the settlement conference. Each party must be familiar with the case so that he or she is able to discuss thoroughly all aspects of the case.  (Eff. 7/1/99) (Rev. 7/1/08)