Rule 52 Case Management Conference; Setting and Postponement of Case
Rule Text
A Case Management Conference. A case management conference will typically be held in every case at issue. The purposes of the conference will be as follows:
A(1) To consider the status of the pleadings and discovery and to set a date for completion of discovery.
A(2) To consider the areas of agreement or disagreement with a view to narrowing the issues and avoiding unnecessary proof.
A(3) To consider the number of witnesses and exhibits anticipated, the location of the trial, and other related matters.
A(4) To agree upon and set the trial date and, in property tax cases, to set the date for exchange of appraisals.
A(5) To consider any other matters appropriate in the circumstances of the case.
A(6) In cases involving state-appraised or county-appraised industrial property or centrally assessed property, both sides should be prepared to discuss participation by or notification of affected government entities.
B Discovery Conference. In an appropriate case, the court may order the parties to participate in a discovery conference conducted by the court. All aspects of discovery are discussed, including the kinds and location of documents, confidentiality of information, the kinds of information needed, and the identity of individuals able to locate and/or discuss the information. After the conclusion of the conference, the court will issue an order establishing guidelines for the parties to follow and a schedule for completion of discovery.
C Pretrial Conference. The court may, in its discretion, order a pretrial conference to be held. Counsel, the appraisers, and such other witnesses or parties as the court may direct must be present. The purpose of a pretrial conference will be to promote efficiency in the trial by eliminating unnecessary proof, considering the order and procedures of the trial, and considering such other matters as the court may deem appropriate. The court may also order the parties to disclose the names and qualifications of any expert witnesses expected to be called at the trial and to identify the subject matter on which each expert is expected to testify.
D Postponement of Case.
D(1) When a case is set for trial, it will be tried or dismissed, unless good cause is shown for a postponement. At its discretion, the Tax Court judge may grant a postponement, with or without terms, including requiring any party whose conduct made the postponement necessary to pay expenses incurred by an opposing party.
D(2) If a motion is made for postponement on the grounds of absence of evidence, the court may require the moving party to submit an affidavit stating the evidence which the moving party expects to obtain. If the adverse party admits that such evidence would be given and that it be considered as actually given at trial, or offered and overruled as improper, the trial will not be postponed. However, the court may postpone the trial if, after the adverse party makes the admission described in this section, the moving party can show that such affidavit does not constitute an adequate substitute for the absent evidence. The court, when it allows the motion, may impose such conditions or terms upon the moving party as may be just. TCR amended Jan 1, 2023, Jan 1, 2026.