Rule 10.070.Setting Hearing Date

Unless both parties waive it in writing, the court schedules the hearing within 35 days of the filing of the petitioner's memorandum of points and authorities or the settlement of the record, whichever occurs later. The court notifies the parties of the date at least 10 days before the scheduled hearing, which leaves room to arrange coverage and prepare argument.

A party may ask that the hearing be conducted by remote means. The request must be in writing, must be copied or served on the other party, and must include the names, email addresses, and telephone numbers of all parties. The rule then says the request must be granted, so a party who follows the form does not have to argue for it.

If the hearing runs as a conference call, the first party to request the call initiates it at that party's expense unless the court directs otherwise. A remote hearing is still a court hearing: the rule directs the parties to observe UTCR 10.090 and all applicable rules of decorum in proceedings, and directs the court to enforce them during the remote proceeding.

The remote-request subsection steps aside in one situation. When a Chief Justice Order, or a Presiding Judge Order issued under such an order, has the effect of suspending the requirement that a party affirmatively request a remote hearing, that subsection does not apply.