Rule 7.018 - Settlement Conferences(1) Purpose. The purposes of a settlement conference in a criminal case shall be to provide a forum to resolve cases before trial through the active participation of counsel, the parties and the court.(2) Requests for a settlement conference shall be submitted to the assigned courtroom. Counsel shall not request a settlement conference until both sides are fully prepared, have resolved discovery and trial preparation issues and have made reasonable efforts to achieve settlement without the court's assistance.(3) The assigned courtroom will conduct a settlement conference only upon the agreement of both parties and upon defendant's signature of a waiver to appear before the trial court for a settlement conference pursuant to ORS 135.432(5).(4) Upon request of the parties, the assigned courtroom may have another judge conduct the settlement conference. Whether this can be accommodated will depend on the availability of other judges.(5) If the settlement conference is held with another judge, the assigned trial judge retains authority pursuant to ORS 135.432(2) to accept or reject the negotiation if it includes charge sentence concessions.(6) Only an attorney with full authority to settle and compromise the case shall personally appear at the settlement conference.(7) At the time the scheduling conference is scheduled, the judge presiding over the settlement conference shall notify the parties if settlement conference memoranda are required to be filed. If required, not less than 24 hours prior to the settlement conference, each party shall submit to the settlement conference judge, via the judge's judicial assistant rather than the Electronic Filing System, a confidential settlement conference memorandum that contains, at a minimum:(a) A brief summary of the case;(b) Analysis of the key legal or evidentiary issues;(c) Perceived strengths and weaknesses of the case;(d) The status of any settlement negotiations; and(e) The parties desired outcome. The settlement conference memoranda shall be presumed confidential and shall not be placed in the court file, nor shall any notes prepared by the judge be filed or otherwise disclosed, except by permission of the attorneys or by court order. Settlement conferences shall not be cause for delay of trial. Cases set for a settlement conference shall retain their place on the trial docket. If settlement negotiations are not successful, counsel should be prepared to proceed to trial on the date scheduled. The court will make every effort to ensure the case proceeds to trial on the date scheduled.
Lincoln Supp. L. R. 7.018
Amended effective 2/1/2024.