RULE 5.5
          SETTLEMENT CONFERENCE IN COURT OF APPEALS

    (a) Application of Rule. This rule applies only to an
appeal to the Court of Appeals from a trial court decision
in a civil case. A civil appeal statement or answer should
be filed only if requested by the clerk in the notice given
to the parties under section (b).
    (b) Settlement Conference. A settlement conference may
be held in a civil appeal when directed by the Court of
Appeals or when all parties to the appeal agree that a
conference would be beneficial. The parties should direct a
request for a settlement conference in writing to the clerk
of the court. If a settlement conference is requested by all
parties, or directed by the Court of Appeals, the clerk of
the court will then give notice to the parties of the date,
time, and place of the conference; the name of the judge,
judge pro tempore, or commissioner who will conduct the
conference; and whether the parties are required to attend
the conference. The clerk will also advise the parties if a
civil appeal statement or answer is required and, if so, the
date by which the documents should be filed.
    (c) Form of Civil Appeal Statement. The statement should
be captioned "Civil Appeal Statement," contain the title of
the case as provided in rule 3.4, and contain under
appropriate headings and in the order here indicated:
    (1) Nature of Case and Decision. A short statement of
the substance of the case below and the basis for the trial
court decision.
    (2) Issues Presented for Review. A statement of each
issue the party intends to present for review by the Court
of Appeals.
    (3) Relief Sought in Court of Appeals. The relief the
party seeks in the Court of Appeals.
    (4) Trial Court. The name of the court from which the
appeal was taken.
    (5) Judge. The name of the trial court judge who made
the decision which is being reviewed.
    (6) Date of Decision. The date the decision was entered
in the trial court.
    (7) Postdecision Motions. A statement of each
postdecision motion made in the trial court including the
nature of the motion, the date the motion was made, the
decision on the motion, and the date the decision was
entered.
    (8) Notice of Appeal. The date the notice of appeal was
filed. A copy of the notice should be attached to the
statement.
    (9) Counsel. The name, address, and telephone number of
counsel for each party.
    (10) Method of Disposition in Trial Court. A statement
of the method used to decide the case in the trial court.
    (11) Relief Granted by Trial Court. A short statement of
the relief granted by the trial court.
    (12) Relief Denied by Trial Court. A short statement of
the relief sought by the party making the statement which
was denied by the trial court.
    (13) Certificate of Counsel. A statement signed by
counsel for the party filing the statement certifying that
the appeal is taken in good faith; the appeal is not taken
for the purpose of delay; and that the party represented by
counsel is or is not prepared to take all steps immediately
to complete the appeal. If the party is not prepared to take
all steps immediately to complete the appeal, the
certificate of counsel must state the reason(s) why.
    (d) Form of Answer to Civil Appeal Statement. The answer
should include any modifications to the civil appeal
statement that the respondent feels are necessary to give
the settlement conference judge a fair presentation of the
matters material to settlement of the case. To the extent
reasonably necessary to meet this objective, the answer
should correct any errors in the civil appeal statement, and
present any new issues or modify those presented in the
civil appeal statement.
    (e) (Reserved.)
    (f) Stay Pending Settlement Conference. Unless the
notice of the settlement conference states otherwise, a
party who has received a notice of settlement conference is
not required to take any further steps to complete the
review until the settlement conference is concluded. After
the settlement conference is completed, the clerk or a
commissioner or the settlement judge will establish the
dates within which the remaining steps in the review should
be completed.
    (g) Attendance at Settlement Conference. The attorney
for each party, and the party if the notice requires it,
must attend the settlement conference on the date, time, and
place specified in the clerk's notice. Those in attendance
should be ready to consider seriously the possibility of
settlement, limitation of the issues to be presented for
review, and other matters that may promote the prompt and
fair disposition of the appeal.
    (h) Settlement Conference Order. If the parties agree to
settle the case, to limit the issues, or to other matters to
promote the prompt and fair disposition of the appeal, the
settlement judge or commissioner may enter an order
consistent with that agreement. If the settlement conference
order fully settles the case, the clerk of the Court of
Appeals will immediately issue the mandate to the trial
court with directions to enter judgment as indicated in the
order. In all other cases the order is binding on the
parties during the review proceeding, unless the appellate
court otherwise directs on its own initiative or on motion
of a party for good cause shown and on those terms the
appellate court deems appropriate.
    (i) Sanctions. If a party or counsel for a party fails
to comply with this rule or to comply with a settlement
conference order, the Court of Appeals may impose sanctions
or dismiss the review proceeding as provided in rule 18.9.
    (j) Settlement Conference Judge May Be Disqualified. The
settlement conference judge may hear the appeal on the
merits unless (1) the judge decides the best interests of
justice would be served by refraining from hearing the case
on the merits, or (2) a party disqualifies the judge by
request to the clerk of the appellate court. A party may
disqualify the judge without cause. Each clerk of the Court
of Appeals shall adopt and implement a procedure to preserve
the confidentiality of the identity of a party who
disqualifies the judge.

                         References
    Form 21, Civil Appeal Statement.