Tennessee Motion for Juror Summonses to Be Served by Mail

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State:
Multi-State
Control #:
US-00795
Format:
Word; 
Rich Text
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Description

This is a model motion for jury summonses to be served by mail, rather than delivered by the sheriff's department or other official organ. Citing federal law, the motion argues that contact with government officials during the process of service would be presumptively prejudicial. You can adapt this form to fit your own facts and circumstances.
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FAQ

It is an offense for any person to knowingly damage, destroy, remove or otherwise tamper with a residential mailbox or other container such person knows or reasonably should know is used for the receipt or deposit of United States mail.

The clerk of the court where the complaint is filed must immediately issue the relevant summons and cause it to be delivered for service to any person authorized to serve Tennessee Process Service, together with necessary copies of the complaint and summons.

(1) Service on the attorney or on a party may be made by delivering to the attorney a copy of the document to be served, or by mailing it to such person's last known address, or if no address is known, by leaving the copy with the clerk of the court.

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.

(1) The person serving the summons shall promptly make proof of service to the court and shall identify the person served and shall describe the manner of service. If a summons is not served within 90 days after its issuance, it shall be returned stating the reasons for failure to serve.

The power to issue injunctive relief under Tennessee law is regulated by Tennessee Civil Procedure Rule 65. The first subsection 65.01 of the Rule provides three kinds of injunctive relief: ? restraining order, ? temporary injunction, or ? permanent injunction. Subsection 65.03 pertains solely to restraining orders.

RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

RULE 65. Injunctive relief may be obtained by (1) restraining order, (2) temporary injunction, or (3) permanent injunction in a final judgment. A restraining order shall only restrict the doing of an act. An injunction may restrict or mandatorily direct the doing of an act.

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Tennessee Motion for Juror Summonses to Be Served by Mail