Rule 70.Notice of Settlement

Rule 70 exists because a settled case that nobody tells the court about consumes a trial date someone else needed.

The duty

An attorney of record and any self-represented party have a duty to give the assigned judge or commissioner prompt notice of the settlement of any matter set for trial, hearing or argument. The court may impose sanctions for failing to give prompt notice. The obligation runs to the assigned judge or commissioner, not merely to the clerk.

What happens if nothing follows

Settlement announced and then not documented is the situation section (b) addresses. Where the parties have reported a settlement but do not present a final judgment, decree or order, the court has three options:

• Dismiss the case without further notice unless a final judgment, decree or order is filed within 45 days. Note the phrase -- no further notice is owed, so the 45 days run from the announcement rather than from any warning.
• Require the parties to place their agreement on the record under Rule 69, at or before the time set for trial or hearing. This is the option that preserves the settlement: once it is on the record it is binding under Rule 69(a)(2) even if the paperwork is never finished.
• Take other action to ensure entry of a final judgment, decree or order.

Rule 46(d) then supplies the consequence a dismissal under this rule would have: it dismisses all pending unresolved petitions and issues, but does not disturb any final decree, judgment or order already entered.