1. (1) Notice of hearing for a second or subsequent setting of the hearing will be by certified mail, return receipt requested. Such notice may be proven as set forth in Rule 1340-02-02-.06(2). Claimants and their attorneys shall have an affirmative duty to notify the Legal Division in writing of any change in address.
2. (2) If rulings on preliminary motions at a hearing on the merits cause prejudice to a party who received inadequate notice of the motion prior to the date of the hearing, then a continuance shall be granted.
3. (3) Any case may be continued by mutual consent of the parties.
4. (4) A continuance shall be granted rather than a default or dismissal for failure to appear at the first setting of a case.

Authority: T.C.A. §§ 4-3-2009, 4-5-219, 4-5-301(b), 4-5-307, 4-5-308, 4-5-312, 40-33-201, et seq., as amended, and 53-11-201, et seq. Administrative History: Original rule filed December 5, 1994; effective February 18, 1995. Amendment filed December 10, 2014; effective March 10, 2015.