Pursuant to General Order 22-04 effective August 1, 2022 settlement conferences are no longer mandatory. Local Civil Rule 40(b)(7) is suspended.
Family Law Judicial Settlement Conferences may be set as follows, pursuant to General Order 22-04:
Family Law Judicial Settlement Conference. Except as otherwise provided in these rules or ordered by the court, in a case filed under RCW Title 26 and RCW 11.130.190, at any time after the filing of the initial pleading and no later than 45 days prior to trial, a judicial officer may order the parties to participate in a judicial settlement conference upon the court’s own motion, and/or the court may set a judicial settlement conference upon request of a party or upon request of a court-appointed neutral (evaluator, court visitor, or guardian ad litem) as follows:
If there is agreement, all parties shall jointly complete, sign, and file with the Clark County Clerk a Notice to Set a Judicial Settlement Conference using the form prescribed and approved by the court.
At the same time, the party filing the Notice shall send a copy to the assigned family law judge.
If there is no agreement, the person requesting a judicial settlement conference shall complete, sign, and file with the Clark County Clerk a Notice of Hearing for a Judicial Settlement Conference using the form prescribed and approved by the court. The request may be heard by the assigned family law commissioner or trial judge.
If the court orders a judicial settlement conference, the court shall issue a Notice to Set Judicial Settlement Conference using the form prescribed and approved by the court.
Minimum Time Setting: Each judicial settlement conference shall be set for a minimum of two hours and may extend for a longer time period or a different date, at the discretion of the settlement conference judge.
Settlement Conference: Scheduling. Upon receipt of a Notice signed by both parties, or upon order of the court, the assigned family law department shall:
Designate the judicial officer who will serve as the settlement conference judge;
Set the date, time, and place of the judicial settlement conference;
File a notice of judicial settlement conference setting with the Clark County Clerk;
Provide the notice to all parties via email.
Confidential Settlement Conference Statement: At least ten (10) days before the judicial settlement conference each party shall supply a Confidential Judicial Settlement Conference Statement to the other party(ies) and to the settlement conference judge as follows:
The parties shall use the form prescribed and approved by the court;
Each party shall file proof of service with the Clark County Clerk;
The Confidential Statements shall not be filed with the Clark County Clerk. The Confidential Statements shall not be shared with the trial judge and will be destroyed at the conclusion of the settlement conference.
Attendance of Neutrals Not Required: A court-appointed neutral (evaluator, court visitor or guardian ad litem) shall not be required to attend the judicial settlement conference but may do so at the request of a party, by court order, or if so desired.
Personal Appearance of Counsel and Parties Required: Attorneys and all parties shall personally attend the conference absent prior approval from the settlement conference judge that the conference may go forward via electronic means (telephone or video).
Temporary Motions Continue to be Heard by Assigned Commissioner: Until the assigned judge sets a trial date or otherwise orders, all temporary motions shall continue to be heard by the assigned commissioner, even after a judicial settlement conference has been set and/or conducted.
Trial Setting: The provisions of LCR 40(b)(1)-(6) shall apply. All trials will be set by the assigned judicial department.
|Settlement Conference Forms|
|New Forms Quick Review||August 2, 2022|
|1. Notice to Set Settlement Conference (Agreed)||August 2, 2022|
|2. Notice of Hearing to Request Settlement Conference||August 2, 2022|
|3. Order re: Family Law Judicial Settlement Conference||August 2, 2022|
|4. Settlement Conference Statement||August 2, 2022|
|4a. Proposed Property and Debt Division Attachment||August 2, 2022|
|5. Notice to Set Trial||August 2, 2022|