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Rule 3.11. Mandatory Settlement Conferences

Arizona Revised Statutes AnnotatedLocal Rules of Practice Superior CourtEffective: January 1, 2020

Arizona Revised Statutes Annotated
Local Rules of Practice Superior Court (Refs & Annos)
Maricopa County (Refs & Annos)
Rule 3. Civil Cases
Effective: January 1, 2020
17C A.R.S. Super.Ct.Local Prac.Rules, Maricopa County, Rule 3.11
Rule 3.11. Mandatory Settlement Conferences
a. Mandatory Settlement Conferences; Objectives. Except as to lower court appeals and cases subject to compulsory arbitration under A.R.S. ยง 12-133, in any action in which a scheduling order is filed, the court, at the request of any party, will, except for good cause shown, direct the parties, the attorneys for the parties and, if appropriate, representatives of the parties having authority to settle, to participate either in person or, with leave of court, by telephone, in a conference or conferences before trial for the purpose of facilitating settlement.
At any time, on motion of a party, or on its own motion, the court may schedule a settlement conference pursuant to Rule 16.1, Arizona Rules of Civil Procedure. The provisions of subparagraphs (b) and (c) of this rule apply to such pre-trial settlement conferences.
b. Scheduling and Planning. The court will enter an order that sets the date for the conference, a deadline for furnishing memoranda, and other matters appropriate in the circumstances of the case. A settlement conference will not be continued except by leave of court upon a showing of good cause.
c. Settlement Conference Memoranda. Each party must furnish the settlement judge with a separate memorandum. The memorandum must not be filed with the Clerk of the Superior Court. Parties must exchange the memoranda with each other, or with the consent of all parties, furnish the memoranda only to the settlement judge assigned to the case. Each memorandum must address the following:
(1) a general description of the issues in the lawsuit, and the positions of each party with respect to each issue;
(2) a general description of the evidence that will be presented by each side with respect to each issue;
(3) a summary of the settlement negotiations that have previously occurred;
(4) an assessment by each party of the anticipated result if the matter did proceed to trial; and
(5) any other information each party believes will be helpful to the settlement process.
d. Discretion to Transfer. The court, upon its own motion, or upon the motion of a party, may transfer the settlement conference to another division of the court willing to conduct the settlement conference.
e. Sanctions. The provisions of Rule 16(h), Arizona Rules of Civil Procedure, concerning sanctions apply to a conference provided for by this rule.

Credits

Added April 19, 1989, effective June 1, 1989. Amended June 28, 1989, effective Sept. 1, 1989; May 31, 2002, effective June 1, 2002; June 12, 2013, effective July 1, 2013; Sept. 2, 2016, effective Jan. 1, 2017; Aug. 27, 2019, effective Jan. 1, 2020.
17C A. R. S. Super. Ct. Local Prac. Rules, Maricopa County, Rule 3.11, AZ ST MARICOPA SUPER CT Rule 3.11
State Court Rules are current with amendments received through April 1, 2024. The Code of Judicial Administration is current with amendments received through April 1, 2024.
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