Continuances

(1) Notice of hearing for a second or subsequent setting of the hearing will be by certified mail, return receipt requested. Such notice may be proven as set forth in Rule 1340-02-02-.06(2). Claimants and their attorneys shall have an affirmative duty to notify the Legal Division in writing of any change in address. (2) If rulings on preliminary motions at a hearing on the merits cause prejudice to a party who received inadequate notice of the motion prior to the date of the hearing, then a continuance shall be granted. (3) Any case may be continued by mutual consent of the parties. (4) A continuance shall be granted rather than a default or dismissal for failure to appear at the first setting of a case.