Evidence at a Settlement Conference Rule17(23)

[Marcos]

17(23)CONFIDENTIALITY OF SETTLEMENT CONFERENCE --
No brief or evidence prepared for a settlement conference and no statement made at a settlement conference shall be disclosed to any other judge, except in,
(a) an agreement reached at a settlement conference; or
(b) an order.

Does this mean that any,

1.) New developments in the case or situation that you bring forth in the Settlement Conference cannot be put into the Continuing Record to be used for trail evidence later?

2.) New evidence to support your claims cannot be put into the Continuing Record to be used for trial evidence later?

I'm at a settlement conference stage, there are some new developments and evidence i would like to bring forward and i would use those at Trial.

What should i do? File "NEW" affidavits for and then reference them in the Settlement Conference Brief?

Can i just start filing affidavits at this stage? Is there are response expected for any "NEW" affidavits?

Thanks in advance for any help?

[Canadaguy]

I am curious too as I have filed a motion to update child support and an existing court order for schedule/access times to be changed and have a case conference in May. My affidavits pretty much make it clear to the judge to make at least an interim decision.

Also good to know when to file the affidavit of service for my offer to settle....before case conference or after?

[OrleansLawyer]

The purpose of the without prejudice nature of the settlement conference is to allow parties to disclose information or otherwise make concessions, strictly for the purpose of the conference and to attempt to settle, that they otherwise would not make.

The aim is not to prevent you from introducing your own evidence later, but to stop the other side from using your evidence if you only put it on the table for the conference.

What should i do? File "NEW" affidavits for and then reference them in the Settlement Conference Brief?

That may accomplish what you seek. You may also wish to use Requests to Admit.

[Canadaguy]

The purpose of the without prejudice nature of the settlement conference is to allow parties to disclose information or otherwise make concessions, strictly for the purpose of the conference and to attempt to settle, that they otherwise would not make.

In the settlement conference how do I "disclose information"? Do I have to file affidavits with this information 2 days before or just verbally tell the judge in the conference? Will he look at papers as proof of what I am telling him?