Rutherford County Circuit Court, Tennessee Pre-Motion Conference Requirements

CRITICAL

For summary judgment and dismissal motions, the opposing party has 30 days to respond and the moving party has 10 days to reply; no further responses or replies are accepted.

(B) Upon filing of a Motion for Summary Judgment or Motion to Dismiss, opposing party shall have thirty (30) days to file a response. The moving party shall have ten (10) days to file a reply to the response. No further responses or replies shall be accepted.

CRITICAL

Before the Court will rule on a discovery-related motion, the moving party must make an unsuccessful good-faith effort to confer, documented in writing, and the motion must certify that effort.

The Court shall refuse to rule on any motion related to discovery, including a motion to compel for failure to timely respond, unless the motion contains a statement which certifies the lawyer for the moving party, or the moving party when said party is pro se, has conferred with opposing counsel, or party, in a good faith effort to resolve the matters alleged in the motion and that the effort has not been successful. Such good faith effort shall be evidenced by a writing from the moving party to the non-moving party describing the alleged deficiencies in discovery and shall include the date for delivery of discovery.

CRITICAL

When a jury has been demanded, all pre-trial motions must be heard at the Pre-Trial Conference.

(A) In cases where a Jury has been demanded, all Pre-Trial Motions shall be heard at the Pre-Trial Conference.

CRITICAL

If the initial motion does not request oral argument but the response does, respondent's counsel must set the matter for oral argument under Rule 7.02.

Where oral argument is not requested in the initial motion, but oral argument is requested in the response, counsel for the respondent shall set the matter for oral argument in accordance with Rule 7.02.

CRITICAL

Before a discovery motion is considered, the moving party must make an unsuccessful good-faith effort to confer, document that effort in writing, and include the required certification in the motion.

The Court shall refuse to rule on any motion related to discovery, including a motion to compel for failure to timely respond, unless the motion contains a statement which certifies the lawyer for the moving party, or the moving party when said party is pro se, has conferred with opposing counsel, or party, in a good faith effort to resolve the matters alleged in the motion and that the effort has not been successful. Such good faith effort shall be evidenced by a writing from the moving party to the non-moving party describing the alleged deficiencies in discovery, and shall include the date for delivery of discovery.

CRITICAL

A summary judgment or dismissal motion cannot be heard until at least 50 days after the motion, unless the Court orders otherwise.

A Motion for Summary Judgment or a Motion to Dismiss cannot be heard until at least fifty (50) days after the motion, unless the Court orders otherwise.

CRITICAL

Responses, replies, statements of undisputed facts, and other additional filings concerning summary judgment or dismissal motions must be filed at least 10 Judicial Days before the hearing.

Any responses, replies, statement of undisputed facts, replies to statements of undisputed facts, or other additional filings pertaining to a Motion for Summary Judgment or a Motion to Dismiss shall be filed at least ten (10) Judicial Days prior to the scheduled hearing on the motion.

CRITICAL

Summary judgment and dismissal motions must be scheduled for hearing at least 60 days before trial, unless the Court orders otherwise.

(A) Motions for Summary Judgment and Motions to Dismiss must be scheduled to be heard at least sixty (60) days prior to the scheduled trial date, unless the Court orders otherwise.

CRITICAL

If the non-moving party asserts additional facts under Tennessee Rule 56.03, the moving party may file a Rule 56.03 reply statement at least 3 Judicial Days before the hearing.

However, if the non-moving party has asserted additional facts in accordance with Tennessee Rules of Civil Procedure Rule 56.03, the moving party shall be allowed to respond to these additional facts by filing a reply statement in the manner and form as specified in TCRP 56.03 at least three (3) Judicial Days prior to the scheduled hearing on the motion.

CRITICAL

Parties are to confer about admissibility and designate in ECF, 48 hours before trial, a hearing, or a motion docket, exhibits to be admitted by stipulation.

Parties are to confer concerning the admissibility of electronic evidence and 48 hours before a trial, hearing or motion docket designate in ECF exhibits to admitted by stipulation.

CRITICAL

Motions other than summary judgment and dismissal motions must be heard at least 10 days before trial.

(B) All motions, other than a Motion for Summary Judgment or a Motion to Dismiss, shall be heard at least ten (10) days prior to trial of the cause.

CRITICAL

Counsel setting a motion must consult the opposing side to seek an agreeable hearing date and time; if there is no response within two Judicial Days, counsel may file with a hearing notice for any date provided by the Court.

Counsel setting a motion shall consult with the opposing counsel, or opposing party, to determine a mutually agreeable day and time for hearing. Where counsel setting a motion seeks to confer on a date and time, and receives no response from opposing counsel or opposing party within two (2) Judicial Days, counsel may file the motion with a notice of hearing on any date provided by the Court.

WARNING

All motions where oral presentations are sought will be set on a designated motion day. Motions which cannot be concluded within thirty (30) minutes should not be set on motion days, except upon direction of the Court.

All motions where oral presentations are sought will be set on a designated motion day. Motions which cannot be concluded within thirty (30) minutes should not be set on motion days, except upon direction of the Court.