Section (c) of this rule also changes former Rule 62 in two other significant ways. First, it changes the date for holding the structuring conference from 45 days after the return date, as provided in former Rule 62. Under Rule 5, the structuring conference must be held within 75 days after the Answer is filed. Given the automatic disclosure requirements established by Rule 22, 75 days after the Answer will give the parties time to digest the disclosures made pursuant to Rule 22 and to formulate reasoned positions in cases where they have been unable to reach agreement on all pretrial management issues. This time limit also is realistic in light of superior court resource limitations. The second significant change accomplished by section (c) of Rule 5 is the provision stating that discovery can be initiated before the structuring conference is held and before a structuring conference order has been issued and that a responding party is required to comply with its discovery obligations notwithstanding the fact that a structuring order has not yet been issued. This provision is intended to address the complaint often heard from lawyers that court scheduling issues which result in delay in holding a structuring conference are used as an excuse to delay responding to entirely legitimate discovery requests.
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(e) Motions to Reconsider. A party intending to file a motion for reconsideration or to request other post-decision relief shall do so within 10 days of the date on the written Notice of the order or decision, which shall be mailed or electronically delivered by the clerk on the date of the Notice. The Motion shall state, with particular clarity, points of law or fact that the court has overlooked or misapprehended and shall contain such argument in support of the Motion as the movant desires to present; but the motion shall not exceed 10 pages. To preserve issues for an appeal to the Supreme Court, an appellant must have given the court the opportunity to consider such issues; thus, to the extent that the court, in its decision, addresses matters not previously raised in the case, a party must identify any alleged errors concerning those matters in a motion under this rule to preserve such issues for appeal. A hearing on the motion shall not be permitted except by order of the court.
(b) A party who chooses to represent himself or herself must file an Appearance and shall state in the Appearance that the party is choosing to represent himself or herself. The failure of a self-represented party to file an Appearance in conformity with this rule shall result in a conditional default or other order as justice requires. The clerk shall be notified of any changes of address of any of the parties.
(k) If any deponent refuses to answer any question propounded on deposition, or any party fails or refuses to answer any written interrogatory authorized by these rules, or fails to comply within 30 days after written request to comply, the party propounding the question may, upon notice to all persons affected thereby, apply by motion to the court for an order compelling an answer. If the motion is granted, and if the court finds that the refusal was without substantial justification or was frivolous or unreasonable, the court may, and ordinarily will, require the deponent or the party, attorney, or non-attorney representative advising the refusal, or both of them, to pay the examining or requesting party the reasonable expenses incurred in obtaining the order, including reasonable counsel fees.
Prior to the time of hearing on the request for a temporary restraining order or preliminary objection, the court shall provide all defendants with notice of such request in a manner which the court determines is reasonable under all the circumstances, including the need for the court to address the requests for preliminary relief in a timely manner. Prior to the time of the hearing on the request for preliminary relief, any adverse party may object as of right to the case being heard by the BCDD and if such objection is filed the case shall not be heard by the BCDD but shall be transferred to a superior court wherein venue over the case appears proper. Failure of a party to object to the case being heard by the BCDD prior to the time of the first hearing on the request for interim relief shall constitute consent to the case being heard by the BCDD for all purposes.
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