Tennessee Generic Motion for Continuance and Notice of Motion in an Arbitration Matter

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As a general matter, the procedure to be followed in an arbitration proceeding is less formal than that in a court action, and where not prescribed by statute, the parties may agree as to the procedure to be followed if it is fair and each party has an opportunity to be heard.


Where the parties provide for the conduct of and procedure governing an arbitration hearing, they should specify the rules of evidence that are to govern the hearing, whether the parties or the arbitrators may incorporate other documents and rules into the hearings by reference, matters relating to the production of books and records, either by subpoena duces tecum or other methods, the production of witnesses, and, where desirable, set a time limit on the length of the hearings.


The hearing must be conducted according to any statutory requirements or procedures agreed to by the parties. Unless the arbitrator substantially complies with such procedures, the award may be declared invalid.

Keywords: Tennessee, generic motion for continuance, notice of motion, arbitration matter. In Tennessee, a generic motion for continuance and notice of motion in an arbitration matter is a legal document that parties involved in an arbitration process can file to request a postponement or delay in the proceedings. This motion allows the individuals to justify the need for more time to adequately prepare their case, gather evidence, engage in negotiation or settlement discussions, or take any other action necessary for the fair resolution of the dispute. There can be different types of generic motion for continuance and notice of motion in an arbitration matter, each serving a specific purpose within the arbitration process. Some common types may include: 1. Continuance Motion due to Insufficient Preparation Time: This type of motion is filed when a party believes that they have not had adequate time to review the case, gather evidence, or consult with legal counsel. It highlights the need for more time to ensure a fair and just arbitration process. 2. Continuance Motion due to Unexpected Circumstances: Parties may encounter unexpected circumstances, such as medical emergencies, scheduling conflicts, or unavailability of witnesses, which prohibit them from proceeding with the scheduled arbitration. This motion requests a postponement to a later date when these issues are resolved. 3. Continuance Motion for Settlement Negotiations: If parties are in the process of negotiating a settlement outside of arbitration, they may opt to file a motion for continuance to allow additional time for these discussions to take place. It recognizes the potential benefit of resolving the dispute amicably before proceeding with arbitration. 4. Continuance Motion for Additional Discovery: In certain cases, parties may require additional time to conduct further discovery, such as depositions, document requests, or expert witness examinations. This motion seeks a continuance to accommodate the necessary discovery procedures to ensure a fair outcome. The notice of motion is an accompanying document that notifies the opposing party and the arbitration panel of the intent to file a motion for continuance. It outlines the reasons for the request and provides an opportunity for the opposing party to respond or object to the motion. It is essential to adhere to the specific rules and procedures set forth by the Tennessee arbitration laws when filing a generic motion for continuance and notice of motion. Parties should consult with legal counsel to ensure compliance with the applicable guidelines and to present their case effectively.

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FAQ

59.04 to alter or amend the judgment. These motions are the only motions contemplated in these rules for extending the time for taking steps in the regular appellate process. Motions to reconsider any of these motions are not authorized and will not operate to extend the time for appellate proceedings.

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 11 has a safe harbor that allows the opposing party to withdraw an offending pleading within 21 days after he is served with the motion for sanctions. Many sanctions motions are denied because the party seeking sanctions writes a letter to the opponent, but does not actually serve a motion for sanctions.

The notice of limited appearance shall provide the otherwise unrepresented client with the deadline(s), if any, for responding to the motion, pleading, discovery, hearing or other proceeding and shall state the date, place and time of any hearing or other proceeding.

If you receive a Motion to Dismiss or a Motion for Summary Judgment, you must respond no later than five business days before the motion hearing. Usually, these hearings are by phone. request to dismiss your claim because you lack the evidence to prove your claim.

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.

A single judge of the appellate court may entertain and may grant or deny any request for relief that under these rules may be sought by motion, except that a single judge may not dismiss or otherwise finally dispose of an appeal or other proceeding. The action of a single judge may be reviewed by the court.

On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.

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Requests for an extension of time shall be by motion in conformity with Rule 22, T.R.A.P., and shall be accompanied by an affidavit setting forth the reasons ... Sep 1, 2018 — Filing of discovery is not mandatory unless in support of a motion. [Adopted effective September 1, 2017.] 4.05. E-FILING. Pursuant to Tennessee ...When a party to a lawsuit needs to postpone a matter that has a legal deadline or that has been calendared for a hearing or trial, the proper procedure is ... Motions not citing proper authority or citing only Rule 7.02 of the Tennessee Rules of Civil Procedure shall be stricken. [Adopted effective September 1, 2017.]. (b) A respondent may file a counterclaim at any time after notice of the filing of the. Demand is sent by the AAA, subject to the limitations set forth in Rule ... Mar 23, 2023 — or she shall file with the Clerk an “Arbitrator's Notice of Scheduling” in substantially the same form as Appendix III hereto. Forms are ... Jan 24, 2020 — Rule 45.01(c) was amended to clarify that parties need not file a notice to take deposition unless they are seeking the issuance of a subpoena. Motions in limine seeking to resolve a trial evidentiary matter shall be set at the discretion of the court. c. Counsel are encouraged to raise appropriate ... (a) On a motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a ground stated in § 29-5-325( ... This is an informational handbook. This handbook is a guide for self-represented litigants. It is not legal advice and should not be considered as such.

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Tennessee Generic Motion for Continuance and Notice of Motion in an Arbitration Matter