Tennessee Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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Control #:
US-01531BG
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A court has the inherent power to review its own proceedings to correct error or prevent injustice The correction of clerical errors in the records of judgments may take the form of amendments inserting the names of parties who ought to have been included. A clerical error in the record of a judgment may be corrected to reflect the true name and identity of a party.


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 Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest
  • Preview Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest

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FAQ

Except for cases where service was properly made by publication, all parties against whom a default judgment is sought shall be served with a written notice of the application at least five days before the hearing on the application, regardless of whether the party has made an appearance in the action.

RULE 43. EVIDENCE. In all actions at law or equity, the testimony of witnesses shall be taken pursuant to the Tennessee Rules of Evidence.

Follow Federal Rules of Civil Procedure Rule 45(b). Pursuant to Rule 45(d)(2)(B), the party has 14 days to respond after service of the subpoena, or the party must respond before the time specified for compliance in the subpoena if it is less than 14 days.

A subpoena may be served by any person authorized to serve process, or the witness may acknowledge service in writing on the subpoena. Service of the subpoena shall be made by delivering or offering to deliver a copy thereof to the person to whom it is directed.

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 45. Every subpoena shall be issued by the clerk, shall state the name of the court and the title of the action, and [shall] command each person to whom it is directed to attend and give testimony at the time and place and for the party therein specified.

(1) At the request of any party, subpoenas for attendance at a hearing or trial shall be issued by the clerk of the court in which the action is pending, and such a subpoena may be served at any place within the state.

JUDGMENTS AND COSTS. (1) Costs included in the bill of costs prepared by the clerk shall be allowed to the prevailing party unless the court otherwise directs, but costs against the state, its officers, or its agencies shall be imposed only to the extent permitted by law.

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Tennessee Motion to Amend or Correct Judgment to Include Additional Party Defendant as Real Party in Interest