Section 0800-02-21-.11 - DOCKETING OF CASES, SETTING CASES FOR HEARING, AND CONTINUANCES(1) After a dispute certification notice is filed with the clerk, either party may file a hearing request with the clerk on a form approved by the Administrator and serve a copy of the request on all parties or their counsel. If no hearing request is filed within sixty (60) days after the dispute certification notice is filed, the clerk will set a show-cause hearing. The clerk will send notice of the hearing to the parties, indicating the docket number, the date and time of the hearing, and the judge assigned to the case. The parties must appear to show cause why the case should not be dismissed.(2) Except in cases where an employee suffered a catastrophic injury or for similar reasons as determined by the bureau, all cases must be placed on the docket by the clerk in the order that the request for hearing is received. The clerk will assign a date for the hearing based on available dates provided by the parties whenever practicable.(3) The clerk will consolidate all hearing requests related to a single dispute certification notice into a single setting on the docket. If two or more filings that should be consolidated are not, then the cases will be combined and assigned to the judge who received the assignment for the first request, unless otherwise directed by the chief judge. Consolidation may occur on the motion of a party or on a judge's own motion.(4) Special settings may be requested. Only a judge may grant a special setting.(5) Once a case is assigned to a judge, all matters dealing with that case must be brought before the assigned judge.(6) Trials and/or hearings may be held at locations other than the bureau office where the judge is assigned. However, only a judge may grant approval to hold the hearing at a location other than where the judge is assigned.(7) The parties or their attorneys must advise the judge's staff as soon as practicable if they anticipate a trial or hearing will last more than four (4) hours.(8) Expedited or compensation hearings may be continued only by an order from the judge. Absent good cause as determined by the judge, the date of the expedited or compensation hearing will not be modified. Good cause does not include absence of witnesses unless subpoenaed in accordance with these rules. In the event attorneys are notified of a hearing on a date when they have a conflict with another court's previous setting, the attorney must immediately notify the judge's staff and other parties to request a continuance.(9) Neither counsel nor a party to a pending claim may contact the judge unless an emergency arises, except by letter or verbally with all counsel or parties present. A copy of all written communications must be sent to all counsel or parties and the clerk.(10) Nothing in this section will be construed to allow any ex parte communication with a judge about any issue in the case that would be prohibited by Tennessee Code Annotated section 4-5-304.Tenn. Comp. R. & Regs. 0800-02-21-.11
Original rule filed April 1, 2014; effective June 30, 2014. Amendments filed September 1, 2016; effective November 30, 2016. Repeal and new rules filed May 3, 2019; effective August 1, 2019. Amendments filed November 10, 2021; effective February 8, 2022. Amendments filed September 22, 2023; effective 12/21/2023.Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6-239; and Public Chapter 289 (2013), Sections 33, 73, 79, and 106.