Tennessee Simple Motion Requesting Additional Time to Respond to a Civil Complaint

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US-00832BG
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Description

Time limits for pleading are regulated to a large extent by specific statute or rule in each jurisdiction. Generally, time extensions for serving or filing a pleading may be allowed by the court or provided for by stipulation of the parties. A large discretion is vested in the trial court with respect to time extensions on such terms as appear reasonable under the circumstances. If a defendant's motion is overruled, generally the defendant is entitled to file an answer even though the statutory period for answering has expired.

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FAQ

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.

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.

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.

RULE 24. INTERVENTION. Upon timely motion any person may be permitted to intervene in an action: (1) when a statute confers a conditional right to intervene; or (2) when a movant's claim or defense and the main action have a question of law or fact in common.

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.

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Tennessee Simple Motion Requesting Additional Time to Respond to a Civil Complaint