By Sarah Donley, administrative assistant, Nashville.

In March 1876, the ambitious inventor Alexander Graham Bell achieved a historic milestone by completing the first-ever successful telephone transmission of clear speech. His resounding words, “Mr. Watson, come here. I want to see you,” marked a new chapter in communication technology.

Bell could scarcely have fathomed the extraordinary evolution that his invention would undergo in the years to come. Little did he know that for modern society, the telephone would transcend its mere status as a device and become intertwined with our daily lives, almost like a vital limb.

Fast forward to the present, and it’s nothing short of astounding how the telephone, now transformed into the ubiquitous smartphone, has seamlessly integrated itself into our routines. From being the first thing we reach for in the morning to serving as essential tools in our work lives, these handheld marvels have truly become indispensable.

Before the Reform Act, state courts and the Bureau favored in-person settlement approvals. That remains the case.

But we’ve allowed settlements by affidavit in rare but appropriate cases. Recently the number of requests for settlement approvals via affidavit/telephone has increased in Nashville. So this article highlights the rules for approval by affidavit, not by phone. However, judges unanimously agree that telephone testimony must be taken as part of the affidavit settlement approval process.

Rule 0800-02-21-.23(7) states that settlements by affidavit are permitted for good cause as determined by the judge. The rule does give some examples of what constitutes good cause: “distance from the judge’s office or adverse health of the parties or their counsel.” The rule also cautions that settlement approvals by affidavit in cases involving closure of future medical benefits are unlikely to be permitted without proof of exceptional circumstances.

The rule additionally says that requests for approvals by affidavit must be made in writing to the local Bureau office two business days before the requested approval hearing and must include a copy of the proposed settlement packet, including the petition for benefit determination, order, settlement agreement, SD-2, explanation of benefits, final medical report, wage statement, and first report of injury, along with additional supporting documents for the claim.

The docket for approvals by affidavit is separate from in-person approvals and most times is heard by a different judge. Note that if the judge allows your settlement to be heard by affidavit, then all parties will be required to appear by telephone unless otherwise stated. If you’ll already be at the Bureau for an in-person approval and have one by affidavit that same day, we encourage you to use our mediation rooms, which are in the hallways back by the courtroom for privacy.

Please make sure the settlement documents are signed by all parties beforehand along with your affidavit request. Once the judge reviews the affidavit request, they’ll notify staff if it can be heard by affidavit. Court staff will then give a list of dates. These are typically heard on Tuesday and Wednesday mornings by Judge Joshua Baker.

Also remember that we must receive the filing fee before the approval, but we can’t hold checks for lengthy periods of time.

Once scheduled, a confirmation email with the instructions to participate in the settlement hearing, including the call-in number, will be sent. After the approval is heard, the settlement documents will be processed and filed.

We hope this clears up any confusion that may have occurred with approvals by affidavit in Nashville. Of course, procedures in the Court’s other locations vary, so please be sure to familiarize yourself with them, too.

As always, if you have any questions, contact your local Bureau office to ask for assistance.