Thurston County District CourtLCRLJ 40 CIVIL TRIAL SETTINGS, SETTLEMENT CONFERENCES, PRETRIAL ORDERS, CONFIRMATION HEARINGS (a) Civil Trial Settings - Jury and Non-Jury (1) After the defendant's answer has been filed, any party may request the court set the matter for a trial. (2) The party requesting a trial setting, jury or non-jury, shall file a Note for Civil Trial Setting and indicate by written affidavit the following: Certify that the defendant's answer has been filed, Certify that the request for a trial setting has been served on all parties and attorneys, State the nature of the action, State the estimated length of the trial, State the number of witnesses to be called for trial and provide the name, and contact information for each witness, State the name and contact information for all parties and attorneys, Propose a selection of dates for trial agreeable to all parties. (3) Demand for a jury trial must be made no later than five (5) days after the Note for Civil Trial Setting is served. The party filing the demand shall at the time of filing pay the required jury fee and indicate by affidavit that the jury demand was served on all parties. (4) In the case of jury demand, the plaintiff shall, within fourteen (14) days of receipt of the jury demand, initiate a telephone conference call with the District Court civil clerk and the defendant to set the settlement conference date, the confirmation hearing date, and the jury trial date. (5) In the case of a request for a non-jury trial, the plaintiff shall, within fourteen (14) days of receipt of the request for a non-jury trial, initiate a telephone conference call with the District Court civil clerk and the defendant to set the non-jury trial date. (6) Thereafter, the Court will send notice to the parties of the settlement conference date, the confirmation hearing date, and the date of the jury or non-jury trial. (7) Whenever any case set for trial is settled (other than at settlement conference), or will not be tried for any reason, notice of that fact shall be given immediately to the Court. If notification is not given 48 hours prior to the time of the trial, the Court in its discretion, may order any party to pay terms. (b) Settlement Conferences Whenever a demand for jury trial has been filed, the case will be set for a settlement conference approximately ninety (90) days prior to the trial date. All parties, their attorneys, and a person with authority to consent to settlement for each party shall be present at this hearing. All discovery pursuant to CRLJ 26 shall be completed prior to the settlement conference. (c) Pretrial Orders If settlement is not reached at the settlement conference, the settlement conference Judge will enter a pretrial order. The pretrial order will state the nature of the claims and defenses, list the names of witnesses & exhibits anticipated to be presented by each party at trial, indicate the additional discovery authorized by the Court with a timeline for completion, and will set a briefing schedule for motions. (d) Confirmation Hearing A confirmation hearing shall be set approximately one week prior to all civil jury trials. At confirmation hearing, all parties are expected to verify readiness to proceed to jury trial or propose an alternate disposition. All trial briefs, proposed jury instructions, motions in limine, and any remaining pre-trial motions shall be filed and served no later than seven (7) days prior to the confirmation hearing. Motions will be heard at the confirmation hearing. [Adopted 09/01/1998; Amended 09/01/2002, 07/01/2015.] Click here to view in a PDF. |
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