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Rule 6 Court Proceedings and Procedures

A Initial Case Management Conference. In most appeals, the court will set an initial case management conference. See TCR-MD 8. At the time of the initial case management conference, each party must be prepared to briefly identify the issue(s), discuss discovery (see TCR-MD 9) and discovery cut-off dates if applicable, and have a calendar available for scheduling purposes.

B Trial Date. A trial date may be scheduled at the initial case management conference or at a later time at the discretion of the court. Exhibit exchange dates are as provided in Rule 12 and 12.1 unless otherwise set by the court.

C Settlement. After the initial case management conference, the parties are encouraged to discuss the issues and work toward a resolution.

D Stipulation. If the parties resolve all issues raised in an appeal, a signed stipulation must be submitted to the court prior to trial.⁷ If a party is represented, the stipulation must be signed by an authorized representative. See TCR-MD 20 B.

E Plaintiff’s Notice of Dismissal or Withdrawal. A plaintiff may dismiss or withdraw its complaint by filing a notice of dismissal with the court and serving such notice on all other parties who have appeared and who are not in default. The fee for filing the complaint is not refundable by the court.

F Accommodation Requests. The provisions of TCR 50 regarding accommodation requests apply in the Magistrate Division.