Local Civil Rules of Court

CIVIL RULE 8 TRIAL SETTING, MANDATORY SETTLEMENT CONFERENCES AND TRIAL

A. TRIAL SETTING
B. MANDATORY SETTLEMENT CONFERENCE
C. ASSIGNMENT TO TRIAL
D. SERVICE AND LODGING OF DOCUMENTS
E. APPEARANCE ON THE DATE SET FOR TRIAL

A. TRIAL SETTING

The trial date will be set by the case management judge at a Trial-Setting Conference or other conference. If the time estimated for trial is more than one day, a Mandatory Settlement Conference will be scheduled to take place during the week before the trial date.

B. MANDATORY SETTLEMENT CONFERENCE

If a Mandatory Settlement Conference has been scheduled, the Court will send written notice of the time, date, and department. No later than five court days before the date set for the settlement conference, each party must submit to the Court and serve on each party a Settlement Conference Statement not to exceed five pages, excluding exhibits. The conference will be supervised by a judge or temporary judge. Trial counsel, parties and persons with full authority to settle the case must personally attend unless excused by the Court.

If insurance coverage is available to satisfy plaintiff's settlement demand and a representative of defendant's insurer with full settlement authority attends the mandatory settlement conference with defendant's trial counsel, named defendants need not attend unless their personal consent is necessary to settle the case. Named defendants must also personally attend the mandatory settlement conference when (1) there is an insurance coverage dispute; (2) plaintiff seeks to recover damages not covered by insurance; or (3) plaintiff's demand exceeds insurance policy limits.

(Eff. 7/1/07)

C. ASSIGNMENT TO TRIAL

Before the date set for trial, the Court will advise the parties by telephone if the case is assigned to a trial judge or placed on standby.

D. SERVICE AND LODGING OF DOCUMENTS

Unless the case was settled at the Mandatory Settlement Conference or dismissed in full prior thereto, or unless otherwise ordered by the Court, the following items must be lodged in the department of the trial judge or, if none, with the Court’s calendar secretary, and served on all other parties by noon on the last court day before the date set for trial:

(Eff. 7/1/05)

(1) all in limine motions;

(2) exhibit lists, except impeachment exhibits;

(3) witness lists, except impeachment witnesses, and unusual scheduling problems;

(4) jury instruction requests, except for instructions that cannot reasonably be anticipated prior to trial;

(5) proposed special verdicts;

(6) any stipulations on factual or legal issues;

(7) a concise, non-argumentative statement of the case to be read to the jury in jury trials;

(8) trial briefs.

E. APPEARANCE ON THE DATE SET FOR TRIAL

Trial counsel must appear in the department assigned for trial at 8:45 am on the date set for trial, unless otherwise instructed by the Court’s calendar secretary.

(Eff. 7/01/02)

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