Local Civil Rule 16 PRE-TRIAL PROCEDURE (a) Settlement Conferences. In all cases governed by a Case Schedule pursuant to LR 4, the Court shall schedule a settlement conference. (1) Preparation for Conference. (A) No later than the date set forth on the civil case schedule order, all parties shall prepare a position statement and shall mail or deliver it to the court administrator. No fax copies will be accepted by the court. Position statements shall not be filed in the court file. No party shall be required to provide a copy of the position statement to any other party. The position statement shall include the following: (i) A brief non-argumentative summary of the case. (ii) A statement of whether liability is admitted, and if not, the plaintiff's theory or theories of liability and the defendant's theory or theories on non-liability. (iii) A list of all items of special damages claimed by the plaintiff and a statement of whether any or all of those are admitted by the defendant. (iv) An explanation of the general damages, including a summary of the nature and extent of any claimed disability or impairment. (v) A statement of what settlement offers have been made thus far, if any. (vi) The position statement is to be a summary only. It is not to include a copy of any exhibits, medical reports, expert witness reports, etc. Generally the length of the summary will be 1 - 5 pages. The summary should take the form of a letter that begins with a reference to the name of the case and the cause number. It should not be in the form of a pleading. (2) Parties to Be Available. (A) The parties and counsel shall attend the settlement conference except on prior order of the Court upon good cause shown. (B) Representative of Insurer. Parties whose defense is provided by a liability insurance company need not personally attend the settlement conference, but a representative of the insurer of said parties shall be available by telephone or in person with sufficient authority to bind the insurer to a settlement. (3) Private Mediation. Regardless of whether mediation is court-ordered, parties may seek an order allowing them to opt out of the settlement conference by filing a stipulation and order with Court Administration. The request must include a letter from a mediator and signed on behalf of all parties that the case has been medicated or that mediation has been scheduled to occur on or before the date of the settlement conference. (4) Failure to Attend. (A) Sanctions. Failure to comply with the provisions of paragraphs 1 and 2 above may result in the imposition of terms and sanctions as the Court may deem appropriate. (B) Default. Failure to appear at the settlement conference, without prior approval of the court, may constitute an act of default. Any party appearing at the settlement conference may move for default pursuant to CR 55. Costs and terms may be assessed at the discretion of the court. (5) Proceedings Privileged. Proceedings of said settlement conference shall in all respects be privileged and not reported or recorded. No party shall be bound unless a settlement is reached. When a settlement has been reached, the Judge may in his/her discretion order the settlement agreement in whole, or, in case of a partial agreement, then the terms thereof, to be reported or recorded. (6) Continuances. Continuances of settlement conferences may be authorized only by the Court on timely application. (7) Pretrial Power of Court. If the case is not settled at a settlement conference, the Judge may nevertheless make such orders as are appropriate in a pretrial conference under CR 16. (8) Judge disqualified for trial. A Judge presiding over a settlement conference shall be disqualified from acting as the trial Judge in that matter, as well as any subsequent summary judgment motions, unless all parties agree otherwise in writing. (a) Pretrial Conference/Trial Exhibits. In cases that are governed by a Case Schedule pursuant to LR 4, the Court shall schedule a Pretrial Conference, which shall be attended by the lead trial attorney of each party who is represented by an attorney and by each party who is not represented by an attorney. The parties must jointly prepare a Trial Management Report. Trial counsel shall submit to the court clerk at the Pre-Trial Conference all proposed trial exhibits for which the parties have stipulated to admissibility, and to index said exhibits numerically. Unless ordered otherwise, exhibit numbers 1 through 99 shall be allocated to the plaintiff(s) and exhibit numbers 100 and above are allocated to the defendant(s). (b) Trial Management Report. In cases governed by a Civil Case Schedule Order pursuant to LR 4, the parties must jointly prepare a Trial Management Report. The plaintiff shall prepare an initial report and serve it upon all opposing parties no later than two weeks prior to the date it is due under the Civil Case Schedule Order. The Report shall be filed with the Court, with a copy served on the court administrator. The Report shall contain: (1)Nature and brief, non-argumentative summary of the case; (2) List of issues that are not in dispute; (3) List of issues that are disputed; (4) Index of exhibits (excluding rebuttal or impeachment exhibits); (5) List of plaintiff's requests for Washington Pattern Jury Instructions; (6) List of defendant's requests for Washington Pattern Jury Instructions; (7) List of names of all lay and expert witnesses, excluding rebuttal witnesses; (4) Suggestions by either party for shortening the trial. (5)(c) Parties to Confer in Completing Report. The attorneys for all parties in the case shall confer in completing the Trial Management Report. If any party fails to cooperate in completing the report, any other party may file and serve the report and note the refusal to cooperate. (d) Sanctions. On motion or on its own, the court may issue any just orders, including those set forth herein, if a party or its attorney: (i) fails to appear at a scheduling or other pretrial conference; (ii) is substantially unprepared to participate - or does not participate in good faith - in the conference; or (iii) fails to obey a scheduling or other pretrial order. Sanctions may include the following: (1) Prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence; (2) Striking pleadings in whole or in part; (3) Staying further proceedings until the order is obeyed; (4) Dismissing the action or proceeding in whole or in part; (5) Rendering a default judgment against the disobedient party; or (6) Treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination. Instead of or in addition to any other sanction, the court must order the party, its attorney, or both to pay the reasonable expenses - including attorney's fees - incurred because of any noncompliance with this rule, unless the noncompliance was substantially justified or other circumstances make an award of expenses unjust. (f) Form of Trial Management Report. A trial management report will be in generally the following form: SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR BENTON AND FRANKLIN COUNTIES ) ) Case No. Plaintiff(s) ) ) TRIAL MANAGEMENT REPORT V. ) ) ) Defendant(s) ) Pursuant to Lr 16, this Trial Management Report must be filed and served in all cases governed by a Civil Case Schedule. Failure to file and serve this report or to appear at the Pretrial Conference may result in the imposition of monetary sanctions, dismissal of the case, or entry of a default judgment. Failure to fully disclose all items required on this report may result in exclusion or restriction on use of evidence at trial. This is a joint report, requiring counsel to meet, confer and attempt to resolve differences in the matters addressed in this report. A copy of this report must be provided to the assigned judge A. MEETING: The parties, by their attorneys, met at _______________________________ (address) on _________________ and could not settle the case and are prepared to proceed to trial. B. NATURE OF CASE (Provide a joint, brief, non-argumentative description of the case suitable for reading to the jury panel): C. TOTAL NUMBER OF TRIAL DAYS (total of plaintiff's and defendant's case): ______ D. LIST OF ISSUES WHICH ARE NOT IN DISPUTE: E. LIST OF EACH ISSUE THAT IS DISPUTED (Issues not identified here may not be raised at trial without leave of the Court): F. EXHIBITS (Trial counsel shall meet with the trial court clerk at the Pre-Trial Conference, to submit all proposed trial exhibits, which admissibility has been stipulated to by the parties, and to index said exhibits numerically. Unless ordered otherwise, exhibit numbers 1 through 99 are allocated to the plaintiff(s) and exhibit numbers 100 and above are allocated to the defendant(s)): Counsel met on _____________________, _________________, conferred and reviewed a list of all exhibits that will be offered at trial. Any exhibit which is not on said list of exhibits will not be considered except by leave of the court. G. INDEX OF EXHIBITS (The index shall indicate: (1) the exhibit number, (2) by whom offered, (3) a brief description, (4) whether the parties have stipulated to admissibility, and if not, (5) the legal grounds for the objection(s). Rebuttal or impeachable exhibits need not be listed): List first those exhibits for which admissibility has been stipulated to by the parties. STIPULATION OBJECTION/ EXHIBIT AS TO GROUNDS NUMBER DESCRIPTION ADMISSIBILITY (CITE ER) H. LIST OF PLAINTIFF'S REQUESTS FOR WASHINGTON PATTERN JURY INSTRUCTIONS (If special and not WPI/WPIC or pattern instructions including bracketed material, attach a copy): I. LIST OF DEFENDANT'S REQUESTS FOR WASHINGTON PATTERN JURY INSTRUCTIONS (If special and not WPI/WPIC or pattern instructions including bracketed material, attach a copy): J. LIST OF NAMES AND SCHEDULE OF ALL LAY AND EXPERT WITNESSES (Describe type of witness (lay, treating, expert) and party calling witness. Please estimate all necessary time for presentation of all direct and cross examination. Rebuttal witnesses need not be listed): ESTIMATED DATE AND NAME PARTY TIME FOR WITNESS TESTIMONY I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. Signed: Signed: Dated: Dated: WSBA #: WSBA #: Phone Phone Number: Number: Attorney Attorney For: For: [Adopted Effective April 1, 1986; Amended Effective September 1, 2000; September 1, 2002, September 1, 2003, September 1, 2007, September 1, 2009, September 1, 2011, September 1, 2012]
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