Tennessee Motion for Continuance to Complete Discovery or in the Alternative Continuance of Summary Judgment Motion
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FAQ
I am unable to appear before this Court on the date of the scheduled hearing because Briefly explain why you are unable to appear. However, I am able to appear before this Court on or after Date. I respectfully request this Court to stay the proceedings of this case until Date.
I RESPECTFULLY REQUEST that the Court grant my Request for Continuance. I ALSO REQUEST that the Court award any other relief it considers fair and proper. I ? DO request an oral hearing in front of the judge on this motion. I declare under penalty of perjury that the foregoing is true and correct.
RULE 60. RELIEF FROM JUDGMENTS OR ORDERS During the pendency of an appeal, such mistakes may be so corrected before the appeal is docketed in the appellate court, and thereafter while the appeal is pending may be so corrected with leave of the appellate court.
Explain why you need this extension (i.e. to cover costs of________ until ________). Itemize and explain any monthly costs and any other additional costs associated with the requested time extension. If there will be no cost change as a result of the additional time requested, say so.
Generally, for extension requests, most judges require both parties to ?confer? (communicate with one another) and try to obtain the other party's consent for extra time. If the other party does not give their consent, you can still move forward with filing your request.
In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it: Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or.
On its own initiative or on motion of a defendant, the court may grant a new trial as required by law. If trial was by the court without a jury, the court on motion of a defendant for new trial may vacate the judgment if entered, take additional testimony, and direct the entry of a new judgment.
If the prosecution announces that it will introduce new evidence or new witnesses who were previously unknown to the defense, this will be a strong basis for a continuance. The defense also may seek a continuance if it is unable to locate a witness who was expected to testify on the defendant's behalf.
