Tennessee Complaint for Correction and Reformation of Judgment on the Ground of Mistake

State:
Multi-State
Control #:
US-01529BG
Format:
Word; 
Rich Text
Instant download

Description

A trial court is vested with broad discretion to correct error. This form is a generic complaint and adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake
  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake
  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake
  • Preview Complaint for Correction and Reformation of Judgment on the Ground of Mistake

How to fill out Complaint For Correction And Reformation Of Judgment On The Ground Of Mistake?

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FAQ

Deed reformation may be permitted where mutual mistake can be shown and proved: {¶13} ?Equity allows reformation of a written instrument when, due to a mutual mistake on the part of the original parties to the instrument, the instrument does not evince the parties' actual intention.

Federal Rule of Criminal Procedure 35(b) permits a court, upon the government's motion, to impose a new, reduced sentence that takes into account post-sentencing substantial assistance, and that new sentence may go below the recommended guideline range and any statutory mandatory minimum penalty.

Tenn. Code Ann. § 16-15-727(b) specifically provides that a Rule 60.02 motion in general sessions court must be filed within ten days of the judgment in order to toll the time for appeal.

Rule 36 of the Tennessee Rules of Civil Procedure states that a party ?may serve upon any other party a written request for the admission ? of the truth of any matters ? that relate to facts, the application of law to facts, or opinions about either.? The statements in the requests for admissions will be admitted ? ...

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Under subdivision (a) a party to an appeal desiring oral argument must request argument. If a party inadvertently fails to request oral argument, the appellate court may relieve the party of this omission. The rule allows 30 minutes for each side to argue a case on appeal.

RULE 60. Clerical mistakes in judgments, orders or other parts of the record, and errors therein arising from oversight or omissions, may be corrected by the court at any time on its own initiative or on motion of any party and after such notice, if any, as the court orders.

RULE 35. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

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Tennessee Complaint for Correction and Reformation of Judgment on the Ground of Mistake