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hamster39 07-16-2017 11:47 AM

Case Conference - privileged?
My understanding is that a settlement conference is privileged and the judge at the settlement conference is not the same judge as the one for trial. Because of this, both parties can talk frankly and know that what is presented is privileged.

How about @ case conference? My understanding is that the trial judge may be the same judge who presides over the case conference. Is this so? Can parties also speak frankly at the case conference knowing what is said there can't be used against them later?


arabian 07-16-2017 02:34 PM

This is my understanding:

Case conference judges are do not become the trial judge.

Case conference judges often make "endorsements" which are then filed in continuing record.

Case conference judges can make orders on procedural matters and their main objective is to try to move the two parties to settle on consent.

Trial management judges can also make procedural orders but their main objective is to ensure parties are ready for trial and of course ascertaining if parties are able to settle. They essentially try to narrow the focus on matters.

You can find much information on the internet as well as searching this forum: Differences between settlement and case conferences as your question has been raised many times over the years.

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