PROOF OF PUBLICATION

Whenever the publication in a newspaper of any summons, process, notice or order is required, evidence of such publication shall be given by the affidavit of the editor, publisher, manager, foreman, clerk or printer of such newspaper, not interested in the suit, action, matter or proceeding to which such publication relates, to which affidavit shall be attached a copy of such summons, process, notice or order, and which affidavit shall also specify the dates and times when and the newspaper in which the publication was made. The publisher shall file said affidavit with the clerk before the time fixed for hearing. Rule 12 Version in effect prior to January 1, 2022 Rule 12. READY CIVIL CALENDAR. (a) Preparation of calendar by clerk. At least once in each calendar month, the clerk shall prepare a list of all civil cases wherein a pretrial statement has been filed. Such list shall be known as the "Ready Calendar" and shall be available for public examination. (b) Pretrial statement. No case shall be placed on the "Ready Calendar" unless a "Pretrial Statement" has been filed and served in accord with Rule 5 of the Hawai‘i Rules of Civil Procedure. The pretrial statement shall be filed within 8 months after a complaint has been filed or within any further period of extension granted by the court. It shall contain the following information: (1) A statement of facts; (2) Admitted facts; (3) All claims for relief and all defenses advanced by the party submitting the pretrial statement and the type of evidence expected to be offered in support of each claim and defense; (4) The names, addresses, categories (i.e., lay, eye, investigative), and type (i.e., liability, damages) of all non-expert witnesses reasonably expected to be called by the party submitting the statement and a general statement concerning the nature of the testimony expected; (5) The name, address and field of expertise of each expert witness expected to testify and a general statement concerning the nature of the testimony expected; (6) A statement that each party, or the party's lead counsel, conferred in person with the opposing party, or with lead counsel for each opposing party, in a good faith effort to limit all disputed issues, including outstanding discovery, and considered the feasibility of settlement and alternative dispute resolution options. A face-to-face conference is required under these rules and shall not be satisfied by a telephone conference or written correspondence. The face-to-face conference shall take place in the judicial circuit where the action is pending unless otherwise agreed by counsel and/or the parties; and (7) A statement identifying any party who objects to alternative dispute resolution and the reasons for objecting. If the parties have agreed to an alternative dispute resolution process, a statement identifying the process. (c) Selection of trial date and consideration of alternative dispute resolution . (1) Except in cases which have been designated as complex litigation, within 60 days of the filing of the initial pretrial statement, the plaintiff in all cases filed in the First Circuit shall schedule a trial setting status conference that shall be attended by each party or each party's lead counsel and shall be conducted by the Civil Administrative Judge, or the Civil Administrative Judge's designee. The Civil Administrative Judge, or designee, shall: (A) Establish the trial date; and (B) Discuss alternative dispute resolution options. The court may consider other matters which may be conducive to the just, efficient and economical determination of the case. (2) In the Second, Third and Fifth Circuits, unless the court to which the case is assigned orders that the procedure set forth above in paragraph (c)(1) of this rule shall apply, the plaintiff shall, within 60 days of the filing of the initial pretrial statement, file a document with the court indicating the following: (A) That counsel has agreed upon 3 separate weeks in which the trial can occur, which dates will fall within 150-240 days from the filing date of the initial pretrial statement and that if the trial can be for any one of these 3 weeks, all counsel will be ready to proceed; provided, if the court's calendar cannot accommodate any of the dates, then counsel will meet for a trial setting status conference or agree to a date by conference call; or (B) That counsel cannot agree and the parties wish a trial setting status conference. Any party may request a trial setting status conference to establish a trial date and discuss alternative dispute resolution options. (d) Extension of time to file pretrial statement. By motion, and upon a showing of good cause, the 8-month period in which plaintiff has to file a pretrial statement may be extended by the court. (e) Designation and order of actions. The cases on the Ready Calendar shall be designated by their respective numbers and by the surname of the first-named party of each side and shall be listed in the order of the filing of the initial pretrial statement. (f) Motion to strike from calendar. Within 10 days after a pretrial statement has been served, any party may move to strike the statement or the action from the calendar. The motion to strike shall be supported by an affidavit that clearly sets forth why the statement is incorrect or deficient, or why the case should otherwise be stricken from the calendar. The fact that the statement has been filed prior to substantial completion of discovery by other parties to the action shall not be grounds to strike the statement or the action from the calendar. (g) Restoration to calendar. A case stricken from the ready calendar shall be restored thereto upon the filing of another pretrial statement and its place shall be determined by the filing date of the later statement, unless the court upon motion determines a different priority, e.g., restores the action to the date of the first pretrial statement. Any such motion for a different priority shall be filed at the same time as the new pretrial statement and must be accompanied by an affidavit stating why the case was previously stricken from the calendar and demonstrating good cause why the different priority should be fixed. (h) Responsive pretrial statement. Every defendant shall file a "Responsive Pretrial Statement", served as required by Rule 5 of the Hawai‘i Rules of Civil Procedure, that sets forth the same kind of information required in the pretrial statement within 60 days of the filing of the first pretrial statement. (i) Extension of time to file responsive pretrial statement. Parties may stipulate once as a matter of course at any time before the responsive pretrial statement is due to extend the time in which to file the responsive pretrial statement. Parties shall not extend the time in which to file the responsive pretrial statement for more than 30 days. Otherwise, a motion seeking court approval to file a responsive pretrial statement more than 60 days after the filing of a pretrial statement shall be filed within 30 days of filing of a pretrial statement and shall specifically state why a responsive pretrial statement cannot be timely filed. If incomplete discovery is the reason why a responsive pretrial statement cannot be submitted, the motion shall include a schedule for completing discovery and the date when the responsive pretrial statement shall be filed. (j) Amending pretrial statements. Pretrial statements must be continually amended in the same manner in which answers to interrogatories must be amended. (k) Designation as complex litigation. Any party may move to have a case designated by the court as Complex Litigation within 8 months after a complaint has been filed or at any time upon good cause shown. The judge hearing the Motion for Designation as Complex Litigation will have complete and unreviewable discretion in making the determination. Upon such a designation by the court, in cases where a jury will decide all issues the case will be assigned to a trial judge for handling until conclusion. In non-jury cases, the case will be assigned to a trial judge for handling until trial, but may be reassigned to a separate judge for the actual trial. This rule shall apply to cases filed in the First Circuit and other circuits as ordered by the Civil Administrative Judge of that circuit. (1) Criteria . In determining whether a case should be designated as Complex Litigation, the court shall consider the following criteria: (i) The estimated amount in controversy is in excess of $750,000, excluding interest, attorney's fees and costs; (ii) The estimated length of trial is six weeks or more; (iii)The number of parties, including all plaintiffs and defendants is ten or more; (iv) One or more of the parties is a person who is not a citizen or resident of the United States; (v) The anticipated number of expert witnesses is eight or more; (vi) The case involves complex and multiple issues; (vii) The subject matter of the case involves either asbestos, natural catastrophes, national trends, construction or class actions; (viii) Discovery is anticipated to be complex; or (ix) Any other matters which may be conducive to the just, efficient, and economical determination of the case. (2) Motion for designation. The motion for designation as Complex Litigation shall identify which of the criteria set forth in section (1) applies to the case, and shall set forth wherever applicable, the following information; (i) A short statement of the nature of the case; (ii) A list of parties served, in the process of being served or anticipated to be joined in the action; (iii)Whether jury trial has been demanded or will be demanded; (iv) A list of anticipated discovery, discovery in progress and completed discovery; (v) A list of anticipated motions, motions pending and hearing dates; and (vi) Any other matters which may be conducive to the just, efficient, and economical determination of the action or proceeding, including the definition or limitation of issues. (3) Case management conferences. The judge assigned to the complex case shall conduct case management conference(s) to determine all deadlines under these rules at which the court may: (i) Establish deadlines for the following: (A) A meeting with the Judiciary Center for Alternative Dispute Resolution; and (B) Other matters as deemed applicable by the court. (ii) Discuss the following: (A) Appointment of special masters pursuant to Rules 26 and 53 of the Hawai‘i Rules of Civil Procedure; (B) Discovery schedule, including setting of any urther case management conferences; and (C) Other matters which may be conducive to the just, efficient, and economic determination of the case. (4) Complex case management order(s). The court may issue complex case management order(s) which may include, but shall not be limited to, the items set forth in section (3). The order(s) shall be binding as to all parties. The provisions of any order shall not excuse compliance with otherwise applicable rules or deadlines unless specifically ordered by the court. (l) Final naming of witnesses. Sixty (60) days prior to the discovery cut off date plaintiff must name all theretofore unnamed witnesses. Thirty (30) days prior to the discovery cut off date defendant must name all theretofore unnamed witnesses. (m)Further discovery. After the deadline for Final Naming of Witnesses, a Motion for Further Discovery can be filed upon a showing of good cause and substantial need. (n) Exclusion of witnesses. Any party may move the court for an order excluding a witness named by an opposing party if said witness was or should have been known at an earlier date and allowing the witness to testify will cause substantial prejudice to the movant. The movant under this motion must make a statement concerning the prejudice that will be suffered should this new witness be allowed to testify, and why the opposing party either knew or should have known of the witness at an earlier date. The opposing attorney must submit an affidavit stating that the witness was not known at an earlier date, nor with due diligence should have been known. (o) Additional witness. At any time after the time for Final Naming of Witnesses, upon a showing of good cause and substantial need a party may move for the addition of a witness. (p) Deviation in time for filing. Deviations from the time requirements for the filing of any document under this rule shall be allowed only upon good cause shown. (q) Dismissal for want of prosecution. An action may be dismissed sua sponte with written notice to the parties if a pretrial statement has not been filed within 8 months after a complaint has been filed (or within any further period of extension granted by the court) or if a trial setting status conference has not been scheduled as required by Rule 12(c). Such dismissal may be set aside and the action reinstated by order of the court for good cause shown upon motion duly filed not later than ten (10) days from the date of the order of dismissal. (r) Discovery cut off. Discovery shall be cut off 60 days before the assigned trial date. (s) Additional party practice. Ten (10) days after the appearance of any additional party who has been joined following the service of the initial pretrial statement or one year after the filing of the complaint, whichever is later, the party joining the additional party and all other parties asserting affirmative claims against the additional party shall each file and serve (in accord with Rule 5 of the Hawai‘i Rules of Civil Procedure) a pretrial statement against the additional party. The pretrial statement shall set forth the same kind of information as required by Rule 12(b) of these rules. The additional party shall file and serve (in accord with Rule 5 of the Hawai‘i Rules of Civil Procedure) a responsive pretrial statement that sets forth the same kind of information required by Rule 12(b) of these rules within 60 days of the service of the pretrial statement against the additional party. The additional party shall move the court for any deviation from the time requirements under these rules within 30 days of the filing of the pretrial statement against said additional party. (t) Sanctions. Failure of a party or his attorney to comply with any section of this rule is deemed an undue interference with orderly procedures and unless good cause is shown, the court may, in its discretion, impose sanctions in accord with Rule 12.1(a)(6) of these rules. (Amended June 22, 1983, effective July 1, 1983, further amended May 24, 1984, effective July 1, 1984; further amended July 26, 1990, effective September 1, 1990; further amended September 11, 1996, effective January 1, 1997; further amended September 20, 1996, effective January 1, 1997; further amended May 15, 1997, effective June 2, 997; further amended May 16, 2007, effective July 1, 2007.) Effective January 1, 2022 Rule 12.SCHEDULING. (a) Scheduling order. (1) Issuing order . Except in categories of actions exempted by Rule 12(b) of this Rule and cases designated as complex litigation under Rule 12(c) of this Rule, the trial judge must issue a scheduling order after consulting with the parties’ attorneys and any self-represented parties at a scheduling conference. (2) Time to issue . The judge must issue the scheduling order as soon as practicable, but unless the judge finds good cause for delay, the judge must issue it within the earlier of 90 days after any defendant has been served with the complaint or 60 days after any defendant has appeared. (3) Contents of the scheduling order . (A) Required contents . The judge shall enter an order governing and addressing: (i) the setting of a date for trial; (ii) disclosures under Rule 26(a) of the Hawai‘i Rules of Civil Procedure; (iii) the extent of discovery to be permitted; (iv) the discovery completion date; (v) deadlines for motions to be filed and heard, to join other parties, and to amend pleadings; and (vi) the assignment of a case to a track under Rule 16.1 of the Hawai‘i Rules of Civil Procedure. (B) Permitted Contents. The scheduling order may: (i) modify the timing of disclosures under Rules 26(a) and 26(e) of the Hawai‘i Rules of Civil Procedure; (ii) modify the extent of discovery; (iii) provide for disclosure, discovery, or preservation of electronically stored information; (iv) include any agreements the parties reach for asserting claims of privilege or of protection as trial-preparation material after information is produced; (vi) set dates for pretrial conferences, including a final pretrial conference; (vii) set deadlines for the exchange and submission of trial materials, including exhibits, stipulations, depositions and trial preservation testimonies, proposed jury instructions, and proposed questions for jury selection; and (viii) include other appropriate matters. (4) Scheduling conference . Within the earlier of 14 days after any defendant has been served with the complaint or has appeared, the plaintiff shall file a notice requesting a Scheduling Conference to be set by the court. The court shall then issue an order or a notice setting the Scheduling Conference date. The plaintiff shall promptly serve the order or notice issued by the court setting the Scheduling Conference date on all parties who have been served with the complaint, except those who have appeared in the case before the order or notice was issued. The Scheduling Conference shall be attended by each party who has appeared in the case or that party’s lead counsel. In a case with multiple defendants, where despite plaintiff’s diligent efforts it appears likely that not all defendants will be served with the complaint prior to the first Scheduling Conference, the plaintiff may request that the Scheduling Conference be rescheduled to allow additional time for service. (5) Modifying a schedule . A schedule may be modified only for good cause and with the judge’s consent. (6) Conference of the parties; planning for discovery . (A) Timing of parties’ conference . Except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B) of the Hawai‘i Rules of Civil Procedure or when the court orders otherwise, the parties must confer as soon as practicable – and in any event at least 21 days before a scheduling conference is to be held under Rule 16(b) of the Hawai‘i Rules of Civil Procedure. (C) Discovery plan . A discovery plan must state the parties’ views and proposals on: (i) what changes should be made in the timing, form, or requirement for disclosures under Rule 26(a) of the Hawai‘i Rules of Civil Procedure, including a statement of when initial disclosures were made or will be made; (ii) the subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to or focused on particular issues; (iii) any issues about disclosure, discovery, or preservation of electronically stored information, including the form or forms in which it should be produced; (iv) any issues about claims of privilege or of protection as trial-preparation materials, including – if the parties agree on a procedure to assert these claims after production – whether to ask the court to include their agreement in an order; (v) what changes should be made in the limitations on discovery imposed under the Hawai‘i Rules of Civil Procedure or these rules, and what other limitations should be imposed; and (7) Scheduling conference statement . Unless otherwise ordered by the court, each party shall file with the court and serve on all parties a “Scheduling Conference Statement” no later than 7 days prior to the scheduling conference. The Scheduling Conference Statement shall include the following: (A) A short statement of the nature of the case; (B) A statement of jurisdiction with cited authority for jurisdiction and a short description of the facts conferring venue; (C) Whether jury trial has been demanded; (D) Whether the case should be assigned to an expedited or non-expedited track under Rule 16.1 of the Hawai‘i Rules of Civil Procedure; (E) A statement addressing the appropriateness, extent, and timing of disclosures pursuant to Rule 26 of the Hawai‘i Rules of Civil Procedure that are not covered by the report(s) filed pursuant to Rule 26(f) of the Hawai‘i Rules of Civil Procedure; (F) A list of discovery completed, discovery in progress, motions pending, and hearing dates; (G) A statement addressing the appropriateness of any of the special procedures or other matters specified in Rule 16(c) of the Hawai‘i Rules of Civil Procedure that are not covered by the report(s) filed pursuant to Rule 26(f) of the Hawai‘i Rules of Civil Procedure; (H) A statement identifying any related case, including pending cases as well as cases that have been adjudicated or have otherwise been terminated, in any state or federal court; and (I) Additional matters at the option of the parties. Each party shall certify that it has conferred pursuant to paragraph (a)(6) of this Rule or state the reasons why the parties did not fulfill the requirement to confer. (A) Service of process on parties not yet served; (B) Jurisdiction and venue; (C) Anticipated motions, and deadlines as to the filing and hearing of motions; (D) Appropriateness and timing of motions for dismissal or for summary judgment under Rule 12 or Rule 56 of the Hawai‘i Rules of Civil Procedure; (E) Deadlines to join other parties and to amend pleadings; (F) Whether the case should be assigned to an expedited or non-expedited track under Rule 16.1 of the Hawai‘i Rules of Civil Procedure; (G) Anticipated or remaining discovery, including discovery cut-off; (H) The control and scheduling of discovery, including orders affecting disclosures and discovery pursuant to Rule 16.1, Rule 26, and Rules 29 through 37 of the Hawai‘i Rules of Civil Procedure; (I) Further proceedings, including setting dates for additional pretrial conference(s), settlement conference, final pretrial conference, submission and exchange of trial materials, and trial, and compliance with Rule 12.1 of these Rules; (J) Appropriateness of special procedures such as consolidation of actions for discovery or pretrial, alternative dispute resolution procedures, or application of procedures for cases designated as complex litigation; (K) Modification of the standard pretrial procedures specified by this rule on account of the relative simplicity or complexity of the action or proceeding; (L) Prospects for settlement, including participation in the court’s mediation program or any other alternative dispute resolution process; and (b) Exempt actions. (1) Categories of exempt actions . The following categories of actions are exempt from the provisions of Rule 12(a) of this Rule: (A) foreclosure; (B) cases included in and not exempted from the Court Annexed Arbitration Program established by Hawai‘i Revised Statutes § 601-20; (C) agency appeals pursuant to Hawai‘i Revised Statutes; (D) consumer debt collection; (E) quiet title; and (F) asbestos. (2) Scheduling for exempt actions . For actions exempted under paragraph (b)(1) of this Rule, unless otherwise ordered by the court, within 8 months after the complaint has been filed, the plaintiff shall file a notice requesting a trial setting/status conference to be set by the court. After holding the trial setting/status conference, or based on the pleadings, the court shall establish the trial date or other appropriate deadlines for resolving the case. The court, in its discretion, may require the parties in whole or in part to follow the scheduling conference procedures set forth in Rule 12(a) of this Rule. The court may also consider alternative dispute resolution options and other matters which may be conducive to the just, efficient, and economical determination of the case. (c) Designation as complex litigation. Any party may move to have a case designated by the court as Complex Litigation within 8 months after a complaint has been filed or at any time upon good cause shown. The judge hearing the Motion for Designation as Complex Litigation will have complete and unreviewable discretion in making the determination. Upon such a designation by the court, in cases where a jury will decide all issues the case will be assigned to a trial judge for handling until conclusion. In non-jury cases, the (1) Criteria . In determining whether a case should be designated as Complex Litigation, the court shall consider the following criteria: (A) The estimated amount in controversy is in excess of $750,000, excluding interest, attorney's fees and costs; (B) The estimated length of trial is 6 weeks or more; (C) The number of parties, including all plaintiffs and defendants is 10 or more; (D) One or more of the parties is a person who is not a citizen or resident of the United States; (E) The anticipated number of expert witnesses is 8 or more; (F) The case involves complex and multiple issues; (G) The subject matter of the case involves either natural catastrophes, national trends, construction or class actions; (H) Discovery is anticipated to be complex; or (I) Any other matters which may be conducive to the just, efficient, and economical determination of the case. (2) Motion for designation . The motion for designation as Complex Litigation shall identify which of the criteria set forth in section (1) above applies to the case, and shall set forth wherever applicable, the following information: (A) A short statement of the nature of the case; (B) A list of parties served, in the process of being served or anticipated to be joined in the action; (D) A list of anticipated discovery, discovery in progress and completed discovery; (E) A list of anticipated motions, motions pending and hearing dates; and (F) Any other matters which may be conducive to the just, efficient, and economical determination of the action or proceeding, including the definition or limitation of issues. (3) Case management conferences . The judge assigned to the complex case shall conduct case management conference(s) to determine all deadlines under these rules at which the court may: (A) Establish deadlines for the following: (i) A meeting with the Judiciary Center for Alternative Dispute Resolution; and (ii) Other matters as deemed applicable by the court. (B) Discuss the following: (i) Appointment of special masters pursuant to Rules 26 and 53 of the Hawai‘i Rules of Civil Procedure; (ii) Discovery schedule, including setting of any further case management conferences; and (iii) Other matters which may be conducive to the just, efficient, and economic determination of the case. (4) Complex case management order(s) . The court may issue complex case management order(s) which may include, but shall not be limited to, the items set forth in section (3) above. The order(s) shall be binding as to all parties. The provisions of any order shall not excuse compliance with otherwise applicable rules or deadlines unless specifically ordered by the court. (d) Final naming of witnesses. 60 days prior to the discovery cut off date plaintiff must name all theretofore unnamed witnesses. 30 days prior to the discovery cut off date defendant must name all theretofore unnamed witnesses. (e) Further discovery. After the deadline for Final Naming of Witnesses, a Motion for Further Discovery can be filed upon a showing of good cause and substantial need. In ruling on a (f) Exclusion of witnesses. Any party may move the court for an order excluding a witness named by an opposing party if said witness was or should have been known at an earlier date and allowing the witness to testify will cause substantial prejudice to the movant. The movant under this motion must make a statement concerning the prejudice that will be suffered should this new witness be allowed to testify, and why the opposing party either knew or should have known of the witness at an earlier date. The opposing attorney must submit an affidavit stating that the witness was not known at an earlier date, nor with due diligence should have been known. (g) Additional witness. At any time after the time for Final Naming of Witnesses, upon a showing of good cause and substantial need a party may move for the addition of a witness. (h) Deviation in time for filing. Deviations from the time requirements for the filing of any document under this rule shall be allowed only upon good cause shown. (i) Dismissal for want of prosecution. An action may be dismissed sua sponte with written notice to the parties if a notice requesting a Scheduling Conference or trial setting/status conference has not ben filed as required by this Rule 12. Such dismissal may be set aside and the action reinstated by order of the court for good cause shown upon motion duly filed not later than 10 days from the date of the order of dismissal. (j) Discover cut off. Discovery shall be cut off 60 days before the assigned trial date. (k) Additional party practice. Any party joining a new party after trial has been set must serve, with the initiating pleading, a copy of the current order(s) setting the trial date and pretrial deadlines. Within 30 days of filing a responsive pleading, any newly joined party may move for a (l) Sanctions. Failure of a party or the party’s attorney to comply with any section of this rule is deemed an undue interference with orderly procedures and unless good cause is shown, the court may, in its discretion, impose sanctions in accord with Rule 12.2(a)(6) of these Rules. (Amended October 8, 2020, effective January 1, 2021; further amended November 5, 2020, to extend effective date to July 1, 2021; further amended March 30, 2021, to extend effective date to January 1, 2022; further amended August 3, 2021, effective January 1, 2022.) Rule 12.1 Version in effect prior to January1, 2022 Rule 12.1. CIVIL SETTLEMENT CONFERENCE; SETTLEMENT CONFERENCE STATEMENT; CONFIDENTIAL SETTLEMENT CONFERENCE LETTER. (a) Settlement conference. A settlement conference may be ordered by the court at any time before trial. Any party may also file a request for settlement conference at any time prior to trial. A settlement conference in civil cases shall be subject to the following guidelines: (1) If a party settles or otherwise disposes of any action prior to a scheduled settlement conference, the party shall immediately notify the judge who scheduled the conference; (2) Each party to the action shall attend the conference or be represented by an attorney or other representative who has authority to settle the case; (3) For each party represented by counsel an attorney who is assigned to try the case shall attend the settlement conference. It is expected that the attorney will have become familiar with all aspects of the case prior to the conference; (4) Each party to the action shall have thoroughly evaluated the case and shall have discussed and attempted to negotiate a settlement through an exchange of written bona fide and reasonable offers of settlement prior to the conference; (5)The judge conducting the settlement conference may, at the conclusion of said conference, continue said conference to another time and date, and from time to time thereafter for continued settlement negotiations if he has reason to believe a settlement can thereby be effectuated; (6) Sanctions . The failure of a party or his attorney to appear at a scheduled settlement conference, the neglect of a party or his attorney to discuss or attempt to negotiate a settlement prior to the conference, or the failure of a party to have a person authorized to settle the case present at the conference shall, unless a good cause for such failure or neglect is shown, be deemed an undue interference with orderly procedures. As sanctions, the court may, in its discretion: (i)Dismiss the action on its own motion, or on the motion of any party or hold a party in default, as the case may be; (ii)Order a party to pay the opposing party's reasonable expenses and attorneys' fees; (iii)Order a change in the calendar status of the action; (iv)Impose any other sanction as may be appropriate. (b)Settlement conference statement. In all civil cases, including those which have been designated as Complex Litigation, a settlement conference statement shall be filed not less than 5 working days prior to the date of the settlement conference. The settlement conference statement shall be filed with the clerk of court and a file-marked copy shall be delivered to the office of the judge conducting the settlement conference, and copies served upon all other parties. The statement shall set forth, wherever applicable, the following information: (1) For the plaintiff : (i)The name, age, marital status and occupation of all noncorporate plaintiffs; (ii)The relief claimed by each plaintiff; (iii)A factual summary of the case; (iv)Plaintiff's theories of liability against each defendant; (v) The name, address, field of expertise and summary of substance of testimony of each expert witness who supports plaintiff's theories of liability; (vi)The name, address and summary of substance of testimony of all other witnesses who support plaintiff's theories of liability; (vii) A statement of plaintiff's position on general damages, including a statement of all injuries and damages claimed by plaintiff, together with the names of plaintiff's expert witnesses, including doctors, and copies of their reports; (viii) Plaintiff's claim of special damages including an itemized statement of all special damages claimed by plaintiff; (ix)The name, address, field of expertise and summary of substance of testimony of each expert witness who supports the plaintiff's claim of special damages; (x) The name, address and summary of substance of testimony of all other witnesses who support plaintiff's position on damages; and (xi)A statement of the status of settlement negotiations. (2) For the defendants: (i) The age, marital status, occupation and corporate or other legal status of each defendant; (ii) The name of applicable insurance carriers and the stated policy limits; (iii)A factual summary of the case; (iv)The defense to each of plaintiff's theories of liability; (v) The name, address, field of expertise and summary of substance of testimony of each expert witness who supports the defenses to plaintiff's theories of liability; (vi)The name, address and summary of substance of testimony of all other witnesses who support the defenses to plaintiff's theories of liability; (vii) A statement of the defense position on general damages, including a statement of all injuries and damages disputed by defendant, together with the names of defendant's expert witnesses including doctors, and copies of their reports; (viii) The defendant's position on special damages including a statement of which special damages are disputed; (ix) The name, address, field of expertise and summary of substance of testimony of each expert witness who supports the defense position on special damages; (x) The name, address and summary of substance of testimony of other witnesses who support the defense position on damages; and (xi) A statement of the status of settlement negotiations. (c)Confidential settlement conference letter. At least five (5) working days before the settlement conference, each party shall deliver directly to the settlement conference judge a confidential settlement conference letter, which shall not be filed or served upon the other parties. The confidential settlement conference letter shall not be made a part of the record and confidential information contained in the letter shall not be disclosed to the other parties without express authority from the party submitting the letter. The court will destroy the confidential settlement conference letter no later than entry of final judgment in the case. The confidential settlement conference letter shall include a forthright evaluation of the parties' likelihood of prevailing on the claims and defenses, a description of the major issues in dispute, including damages, counsel's good faith evaluation of the case, and other information requested by the court. (Added June 22, 1983, effective July 1, 1983; further amended May 24, 1984, effective July 1, 1984; further amended June 28, 1984, effective July 1, 1984; further amended October 21, 1999, effective January 1, 2000.) Effective January 1, 2022