Tennessee Motion for Trial Continuance - Personal Injury

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This form is a sample motion to continue filed by the defendant requesting that a new trial date be set due to actions taken by the plaintiff which defendant believes will unfairly prejudice the jury.

A Tennessee Motion for Trial Continuance in a personal injury case refers to a formal request made by one of the parties involved to postpone the trial date to a later time. This motion is typically filed when there is a need for additional preparation time or if unforeseen circumstances arise that would hinder the proper presentation of the case. It allows the parties involved to request an extension to organize evidence, secure witnesses, or negotiate potential settlement offers. In personal injury cases, there can be several types of Tennessee Motion for Trial Continuance, depending on the specific circumstances of the case. Some of the most common types include: 1. Medical Continuance: This motion may be filed when either party needs additional time to collect medical records, consult with medical experts, or analyze the extent and impact of the injuries sustained by the plaintiff. 2. Discovery Continuance: This motion is requested when there has been a delay in the discovery process, which involves gathering evidence, conducting depositions, or exchanging important documents related to the case. The party requesting the continuance may argue that they need more time to fully investigate the facts and build a strong case. 3. Settlement Negotiation Continuance: Parties may file this motion if they are actively engaged in negotiations to reach a settlement outside of court. They may request a continuance to allow more time for negotiations, in the hopes of avoiding the trial altogether. 4. Witness Continuance: When a key witness becomes unavailable or cannot attend the trial due to unforeseen circumstances, either party may file a motion requesting a continuance. The request will typically explain the significance of the witness's testimony and argue that their absence would result in an unfair trial. 5. Legal Preparation Continuance: This motion is commonly filed when one of the parties experiences difficulties in preparing their case, possibly due to the complexity of the legal issues involved, a change in legal representation, or an overwhelming caseload. The requesting party may stress the need for additional time to properly analyze the evidence, interview witnesses, or consult with experts. It is important to note that the decision to grant or deny a motion for trial continuance ultimately rests with the judge overseeing the case. The court will consider various factors, such as the reason for the motion, the impact on the opposing party, the trial schedule, and the overall interests of justice, before making a ruling.

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FAQ

Yes, you may reschedule your court date one time only. However, you must make your request to the court before your initial court date.

RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

It can be postponed as many times as the judge will allow. Some judges are more accommodating than others. As a general rule of thumb (though there are certainly exceptions), cases usually get better for the defense the older they get.

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.

A Motion for Continuance is a motion that one party files with the court seeking the court move a hearing or other court date.

Interrogatories to Parties (a) In General. (1) Availability. Unless otherwise stipulated or ordered by the court, a party may serve on any other party no more than 25 written interrogatories, including all discrete subparts.

RULE 33. INTERROGATORIES TO PARTIES Interrogatories may, without leave of court be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

The Supreme Court, Court of Appeals, and Court of Criminal Appeals shall grant the relief on the law and facts to which the party is entitled or the proceeding otherwise requires and may grant any relief, including the giving of any judgment and making of any order; provided, however, relief may not be granted in ...

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Motions for continuance must be filed within ten (10) days prior to the date set for trial, unless for good cause shown. Continuances will not be granted ... A continuance may be granted either side for good cause shown, but no continuance shall be granted by an agreement of the parties. Both upon hearing of ...The trial court may continue a trial pursuant to this subsection (b) on its own motion if the trial of another Class X felony is in progress at the time set for ... If you are requesting a continuance because of sickness, be prepared to show the court a statement from your treating physician, on the physician's letterhead, ... Step 3: For many civil cases, a request for a continuance is made through a motion. A “motion for a continuance” is a request asking the judge to make an order ... § 40-35-313, a Motion to Dismiss must be simultaneously submitted with notice to the District. Attorney's office accompanied by written proof that all ... Jan 11, 2022 — All cases requiring entry of a default judgment, a dismissal for nonappearance of a party, or resolution of a disputed matter including a ... Mar 1, 2003 — In all criminal cases notice of intent to file a motion for a new trial must be given to the Court immediately upon sentencing, otherwise ... Mar 23, 2023 — To withdraw from a case, an attorney must do the following: (1) File a motion with the Court requesting permission to withdraw as counsel of. Motion for a New. Trial. After the trial ends, a motion asking the Court for a complete re-do of the trial because the first trial was flawed. Motion for a.

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Tennessee Motion for Trial Continuance - Personal Injury