TRCP Rule 40 is not followed. The following language is substituted in its place:
When either party has completed discovery and has completed arrangements for the presentation of medical evidence (such as stipulations with opposing party for the presentation of certain records or completed depositions, etc.) then that party may ask for a trial date from the office of the Commissioner before whom the claim is pending. This may be done by motion or by letter which will be treated as a motion.
Editor’s Note: The text of original Tenn. R. Civ. Pro. 40 is set forth below so that the reader can readily see the changes adopted by the Claims Commission.
The courts shall provide by rule for the setting of cases for trial (a) without request of the parties but upon notice to the parties, or (b) upon request of a party and notice to other parties. Precedence shall be given to actions entitled thereto by any statute of the state of Tennessee.
Advisory Commission Comments
The provisions of this Rule are directory only. The Committee felt that the circumstances as to the setting of local trial dockets are so varied that this matter must be left to the trial judges in each circuit or division. Tenn. Code Ann. §§ 20-8-101 – 20-8-106 provide general guidelines and are not affected by this Rule.