Tennessee Motion to Set and Order

State:
Tennessee
Control #:
TN-SKU-0431
Format:
PDF
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Description

Motion to Set and Order

Tennessee Motion to Set and Order is a legal document used in the state of Tennessee to request a court hearing and to set an order. It is generally used to advance a court case to trial or to resolve an issue that is blocking the progress of a case. There are several types of Tennessee Motion to Set and Order, such as Motion for Order Directing Discovery, Motion to Set for Trial, Motion to Set for Hearing, Motion for Summary Judgment, Motion for Summary Disposition, Motion for Contempt Order, Motion to Compel Discovery, Motion to Dismiss, Motion to Quash, Motion for Default Judgment, Motion for Reconsideration, Motion for Continuance, and Motion to Set Aside Default Judgment. These motions are used by attorneys to ensure that the case progresses and that the outcome of the case is decided in a timely manner.

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FAQ

(e) Ruling on Motion. The court shall decide each pretrial motion before trial unless it finds good cause to defer a ruling until trial or after a verdict. The court shall not defer ruling on a pretrial motion if the deferral will adversely affect a party's right to appeal.

Each copy of a motion shall be accompanied by a memorandum of law and if the motion is based on matters not appearing of record, by affidavits or other evidence in support thereof. Any showing in opposition to a motion, other than a procedural motion, shall be served and filed within 10 days after the motion is filed.

Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Immediately on the filing of an order the clerk of the appellate court shall serve by mail notice of its filing on each party to the proceeding, together with a copy of any written reasons respecting the order if not explicitly stated in the notice, and shall make a record of the mailing.

Rule 37.02: Failure to Comply with Order. Rule 37.03: Failure to Supplement or Amend Responses or Failure to Admit. Rule 37.04: Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Requests for Inspection.

CLASS ACTIONS. (3) The court finds that the question of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS. (a) Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party.

More info

Motion practice is the three-step process to ask the judge to order something in the case. First, the moving party, i.e.• You want the court to schedule a trial date. A "motion" is a written request that asks the judge to make some orders and your reasons why. It is more detailed than the initial paperwork filed in the case. Be sure to complete each form completely and accurately. You will need to attach a copy of the prior court order that you are seeking to enforce. Page 1 "Motion to Enforce Order". Line 1: Insert your case number which can be found on your original order. Complete the Proposed Order.

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Tennessee Motion to Set and Order