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[1] To be successful on a motion for summary judgment in state court in Tennessee, the moving party ?must either (1) affirmatively negate an essential element of the nonmovant's claim, or (2) show that the nonmoving party cannot prove an essential element of its claim at trial.? 270 S.W. 3d, 1, 9 (Tenn.
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.
These forms are examples of some typical pleadings filed in civil cases. A complaint is the document that a plaintiff files to begin a lawsuit. It contains a clear statement of the important facts underlying the plaintiff's claims and states the legal cause(s) of action.
If you never knew you were being sued, and motion for default judgment is filed against you, you should respond with a Motion to Vacate Judgment, also known as a Motion to Set Aside Judgment.
A default judgment may be entered against the United States, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.
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.
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.
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.