This form is a sample motion for summary judgment filed by the defendant seeking to have plaintiff's complaint dismissed.
Tennessee Motion for Summary Judgment on Behalf of Defendant
State:
Multi-State
Control #:
US-PI-0269
Format:
Word;
Rich Text
Instant download
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How to fill out Motion For Summary Judgment On Behalf Of Defendant?
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FAQ
Rule 56(c)(4) provides that a formal affidavit or a written unsworn declaration that complies with 28 U.S.C. § 1746 can be used to support or oppose a motion for summary judgment.
RULE 56. The motion shall be served at least thirty (30) days before the time fixed for the hearing. The adverse party may serve and file opposing affidavits not later than five days before the hearing.
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.
Rule 56.04 When a trial court is asked to rule on a motion for summary judgment, it must make two distinct inquiries and come to two distinct legal conclusions before it can grant the motion.
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.
Specifically, Rule 69.04 of the Tennessee Rules of Civil Procedure provides that: Within ten years from the entry of a judgment, the creditor whose judgment remains unsatisfied may file a motion to extend the judgment for another ten years.
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 54. 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.