When notice of settlement is not provided as required by LR 16.4 or when a case is settled within
24 hours before trial, or after trial has commenced, and the court is not aware of circumstances
that indicate that this development was reasonable, counsel must show that the failure to give
notice of settlement or the failure to agree on settlement at an earlier time was not the result of
captious tactics, did not constitute merely the acceptance of an offer earlier refused as part of a
calculated tactic of delay in reaching a settlement to obtain further advantages in disregard of the
interests of others, or did not result from some other cause amounting to interference with the
orderly conduct of judicial business. If counsel fails to make this showing, the court may assess
or apportion jury costs, including attendance fees, marshal’s costs, mileage and per diem, against
the parties or counsel deemed responsible. [Amended February 1, 2011]
