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LCRLJ 38

CIVIL JURY

(a) Demand. The request for a jury trial in a civil case shall be made by filing a demand with the clerk and paying the jury fee not later than ten (10) days after issuance of the court's trial setting notice. Failure to comply with this rule shall waive the right to a jury trial.

(b) Pre-trial Procedure. All cases set for jury trial shall be set for a pre-trial conference which shall be held at least thirty (30) days prior to the jury trial.

    (1) The attorneys who are to conduct the trial and all parties shall be present (parties may be excused by the court for good cause) to consider such matters as will promote a fair and expeditious trial.

    (2) All discovery should be completed five (5) days prior to the pre-trial conference unless extended by the court prior to or at the pre-trial conference.

    (3) Opposing counsel or party must be given five (5) days notice of any pre-trial motions to be heard at the pre-trial conference. Pre-trial motions may, in the discretion of the court, be continued to a motion hearing or day of trial.

    (4) All amendments, pleadings and motions should be made or be completed at this conference.

    (5) If one or more party(ies) fails to appear, the judge may proceed with the conference ex parte, and enter any appropriate order including striking the jury demand and the imposition of terms.

(c) Settlement Discussions; Notice of Settlement; Imposition of Costs.
    (1) No later than fourteen (14) days before the date set for jury trial, the parties shall hold a settlement conference.

      (i) The settlement conference shall consist of a face to fact meeting between all parties and their attorneys to attempt to resolve the dispute. The parties may enlist the assistance of a mediator.

      (ii) The settlement conference shall be held at a mutually convenient and agreed location. If the parties cannot agree upon the location, either party may write the court and request that the court schedule the settlement conference at the court.

      (iii) The parties present at the settlement conference must have authority to settle the case. The plaintiff or person representing the plaintiff, must have authority to settle or dismiss the case. The defendant, or the person representing the defendant, must have authority to settle the case.

      (iv) Not later than seven (7) days prior to trial, the plaintiff shall file a certification with the court stating that the settlement conference was held and the status of the case.

    (2) If any settlement fully resolves all claims against all parties, the parties shall, file and serve a written notice of settlement.

    (3) Whenever any cause assigned for jury trial will not be tried by the jury, a jury waiver signed by all parties,shall be filed with the court within fourteen (14) days of the scheduled trial date.

    (4) The court has the authority to assess sanctions against any party who does not comply with this rule, including, but not limited to, assessment of jury costs and dismissal of the action without prejudice.

{Amended effective July 1, 2000}





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