Tennessee Sample Letter to Judge with Agreed Judgment
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RULE 33. Each interrogatory shall be answered separately and fully in writing under oath, unless an objections is made to it or to a portion thereof, in which event the reasons and grounds for objection shall be stated with specifity in lieu of an answer for that portion to which an objection is made.
RULE 55. DEFAULT. No judgment by default shall be entered against the state of Tennessee or any officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.
(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.
For each paragraph in the complaint, state whether: the defendant admits the allegations in that paragraph; denies the allegations; lacks sufficient knowledge to admit or deny the allegations; or admits certain allegations but denies, or lacks sufficient knowledge to admit or deny, the rest.
A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.
In all cases in which the supreme court may give judgment or decree through inadvertence and oversight, when upon the face of the record no cause of action existed against the party, the court may, upon its own motion, vacate the judgment or decree.
(a) Pleadings and Motions. All other pleas, demurrers, and motions to quash are abolished; defenses and objections raised before trial that could have been raised by one or more of them are now raised only by motion to dismiss or to grant appropriate relief, as provided in these rules.
First, the moving party must show that the default was not the result of willfulness. Second, the party must show that it has a meritorious defense. Third, the setting aside of the default judgment must not prejudice the opposing party.
