Rule 7.02. Motions and Other Papers

0310-01-01-.01  APPLICABILITY OF TENNESSEE RULES OF CIVIL PROCEDURE AND CORRELATION WITH T.C.A. § 9-8-403(a)(1).

TRCP Rule 7.02 is followed in its entirety and the following language is also added:

(a) All written motions shall be decided by the Commission without oral argument unless otherwise ordered. If any attorney feels that oral argument is particularly desirable on a given motion, he may accompany the motion with a request for oral argument. If the motion is made orally when both attorneys are before the Commission in person or by phone and the issue is not resolved at that time then the motion shall be reduced to writing as soon as practicable (this does not apply to motions made when a court reporter is present).

(b) Every motion that may require the resolution of an issue of law shall be accompanied by a memorandum of law citing supporting authorities and, where allegations of fact are relied upon, affidavits in support.

(c) Each party opposing a motion shall serve and file a response no later than fifteen (15) days after service of the motion, except that in case of motions for summary judgment the time shall be thirty (30) days after service of the motion. Failure to file a response shall indicate that there is no opposition to the motion. Provided, however, the Commission may act on the motion prior to the times set forth. In such event, the affected party may file a motion to reconsider within fourteen (14) days, or thirty (30) days in a case of a motion for summary judgment after service of the order reflecting the action of the Commission. A previously prevailing party on a motion shall not respond to a motion to reconsider unless the Commission orders a response.

Editor’s Note:  The text of original Tenn. R. Civ. Pro. 7.2 is set forth below so that the reader can readily see the changes adopted by the Claims Commission.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.

(2)The rules applicable to captions, signing, and other matters form of pleadings apply to all motions and other papers provided for by these rules.

Click here for Advisory Commission Comments to Rules 7.01-7.03.

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