By Judge Joshua Davis Baker, Nashville As all legal practitioners know, discovery is as common as a cold. As we also know, it can be laborious, time-consuming, frustrating and, at times, downright non-productive. However, like the mail, neither rain, nor sleet, nor snow can prevent it from happening. In the Court’s three-year history, the … Continue reading Discovery Dos and … please don’t do that!
Tag: Rules
Can I wait a year to refile after a dismissal without prejudice?
By Judge Pamela B. Johnson, Knoxville “We’ll see.” It is a phrase so many of us heard as children and, if you’re like me, it is a phrase you now use with your own children. Q: “Mom, can we stop for ice cream?” A: “We’ll see.” Q: “Mom, can I buy a toy?” A: “We’ll … Continue reading Can I wait a year to refile after a dismissal without prejudice?
Lessons Learned, Part Two
By Judge Kenneth M. Switzer Welcome back to our discussion regarding the emerging themes from our recent listening sessions. As a reminder, Brian Holmes, Director of Mediation and Ombudsmen Services of Tennessee (MOST), and I visited each Bureau office in November and December to meet with practitioners and hear how the post-July 1, 2014 system … Continue reading Lessons Learned, Part Two
Lessons Learned from the Listening Tour
By Chief Judge Kenneth M. Switzer We took the show on the road. Beginning in Murfreesboro on November 15 and ending in Knoxville on December 14, Brian Holmes, Director of Mediation and Ombudsmen Services of Tennessee (MOST), and I traveled the state conducting “listening sessions” on the mediation and court system. We visited each of … Continue reading Lessons Learned from the Listening Tour
Re-defining the UR Rules
By Sarah G. Byrne Shortly before Christmas, my brother posted a picture of my nephew on Facebook. He was sporting a tee-shirt challenging Santa to define the word “good.” My first thought: He’ll be a lawyer. After all, lawyers are wordsmiths who agonize over every word in order to re-define the rules. Speaking of, the … Continue reading Re-defining the UR Rules
Keep us in the Loop
In a recent case scheduled for a compensation hearing, the judge noticed a few days prior that counsel filed nothing since the last court appearance. Staff contacted the lawyers, who indicated they were negotiating a settlement, needed a continuance and that they would file a motion. On the day of the hearing, no one appeared … Continue reading Keep us in the Loop
Practices and Procedures Updated
Every few months or so, we take a fresh look at our Practices and Procedures with an eye toward if they’re working well in the application. We also consider if anything new should be added in light of recent experience. Thus, we have revised the Practices and Procedures as follows. Rule 1.03, Subsection J Promptness for … Continue reading Practices and Procedures Updated
New Mediation and Hearing Procedures Take Effect TODAY
By Judge Robert V. Durham, Cookeville Anything new is rarely perfect on the first try. Just ask Thomas Edison, who had to experiment with thousands of different materials and shapes before discovering the best filament to create a commercially viable light bulb. While none of us in the Court of Workers’ Compensation pretends to be … Continue reading New Mediation and Hearing Procedures Take Effect TODAY
Mark your Calendars
“Knowledge speaks, but wisdom listens.” This will be our mantra when conducting a series of listening sessions across the state over the coming month. The Court of Workers’ Compensation Claims and Mediation and Ombudsman Services of Tennessee want to hear from you. We are traveling to locations nearby or at all eight offices of the … Continue reading Mark your Calendars
Getting on Down to the Main Attraction
By Judge Allen Phillips, Jackson "Let's get on down To the main attraction, With a little less talk And a lot more action." I feel reasonably confident that Toby Keith was NOT referring to Tennessee Compilation Rule and Regulation 0800-21-02-.16 in the above refrain. However, the Court of Workers’ Compensation Claims now has a … Continue reading Getting on Down to the Main Attraction
From the Bench 