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Appellate Settlement (Fourth Appellate District) Form. This is a California form and can be use in Fourth Appellate District Court Of Appeals.
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Tags: Appellate Settlement (Fourth Appellate District), California Court Of Appeals, Fourth Appellate District
COURT OF APPEAL FOURTH APPELLATE DISTRICT STATE OF CALIFORNIA Court No. THE UNDERSIGNED, counsel of record for a party to the above-entitled pending appeal, hereby request that settlement procedures be initiated with respect to the appeal. The undersigned agree to comply with the Guidelines for this settlement process, which appear on the reverse side of this form, and further agree to participate in good faith in appellate settlement procedures to be administered by the court. (Optional): The undersigned further stipulate and request that ______________________ shall be appointed settlement justice, and if said individual is not a sitting member of the Appellate Court agree to pay reasonable compensation for serving as settlement justice. Dated: __________________________________________ __________________________________________ __________________________________________ (Attorneys of Record for Parties to the Appeal) ORDER UPON THE ABOVE REQUEST, AND GOOD CAUSE APPEARING, _________________________________________________________ is hereby appointed Settlement Justice with respect to the above-entitled pending appeal, and is authorized to hold hearings, direct the filing of documentation, require the attendance of parties, and otherwise to administer settlement procedures in the case. Dated: __________________________________________ Presiding Justice (Continued on reverse) APPELLATE SETTLEMENT (Fourth Appellate District) American LegalNet, Inc. www.USCourtForms.com GUIDELINES FOR APPELLATE SETTLEMENT PROGRAM The following guidelines for participation in appellate settlement procedures do not constitute rules of court. They are made for the purpose of providing informal aid to counsel interested in participating in settlement conferences at the appellate level. 1. Settlement efforts will be commenced by filing with the Court of Appeal a written request for settlement conference, executed by the parties to a pending appeal. If the appeal involves more than two parties, settlement procedures will be commenced upon the request for any two opposing parties. 2. Settlement procedures may be initiated at any time up to 30 days following the filing of final briefs. The procedures may be initiated prior to the filing of any briefs, or at any period during the briefing period. The commencement of settlement procedures will ordinarily not permit the interruption or extension of the brief filing schedule. 3. Upon receipt of a stipulated settlement conference request, the Presiding Justice will appoint a Settlement Justice. The parties stipulating to settlement procedures may request the appointment of a specific justice as Settlement Justice. Selection of the Settlement Justice shall, however, always be at the discretion of the Presiding Justice. The Court also reserves the right to decline to initiate settlement procedures in any specific case. 4. If a Settlement Justice is appointed who is not presently sitting, any compensation required by that person shall be paid by the parties requesting the settlement procedures. No such appointment requiring compensation shall be made, however, without the agreement of the parties. 5. Settlement procedures following appointment of a Settlement Justice shall be at the discretion of the Settlement Justice, acting in consultation with the parties. The filing of settlement conference briefs may be required, in the discretion of the Settlement Justice, if the conference takes place before final briefing of the case for appellate review. The Settlement Justice may, and usually will, require the attendance at settlement conferences of parties or their authorized agents. 6. The form on the reverse may be utilized for the initiation of settlement procedures, but is not a mandatory form. APPELLATE SETTLEMENT (Fourth Appellate District) American LegalNet, Inc. www.USCourtForms.com