H. Hearing of Appeals
Advisory Commission Comments
The provisions of this rule for a pretrial conference were considered to be a potentially valuable tool to the appellate court for simplifying complex appeals in a manner similar to the pretrial conference used at the trial level. In this connection, Tennessee Rule of Civil Procedure 16 should be consulted. While this rule will not be used in routine cases, it is expected to be helpful in protracted and complex litigation. Although designated as a “prehearing conference, ”it is contemplated that the conference could be convened by the appellate court at any stage of the proceedings when the court concludes that a conference would be of value. As is the case with pretrial conferences, those matters agreed upon or admitted by counsel at the conference are binding upon the parties, though modification should be freely granted to permit determination of the proceeding on its merits if no prejudice results.