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Filing a Motion for Dismissal what do I include?


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Still haven't received summons but I am trying to get my ducks in a row right now. It was suggested that I file a Motion to Dismiss based on the original credit card agreement venue for law. Which would mean the suit was out of SOL. Last day of payment was 10/2006.

The credit card agreement states: "APPLICABLE LAWS

This Agreement is governed by Virginia law and federal law.

We make our credit decisions and extend credit to you under this Agreement from Virginia. This Agreement is:

• entered into in Virginia; and

• maintained in Virginia.

This is true whether or not you use your card in Virginia."

Virginia's SOL is

The statute of limitations on debt in Virginia limits the time you can be sued for a debt.

Oral Contract: 3 years

Written Contract: 5 years

Promissory Note: 6 years

Open-Ended Accounts: 3 years

Somewhere I read that the court clerk would have the appropriate paper to fill out for this motion. Is that true and I just fill in the blanks? Also, I assume I need to attach a copy of the card member agreement and quote the Virginia statue right? Where do I find the Virginia Statue? Anything else I need to include?

If for some reason this is denied, do I move on to an answer to the summons then?

Thank you so much!

ETA: I'm in TN

Edited by Amanda137
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Still haven't received summons but I am trying to get my ducks in a row right now. It was suggested that I file a Motion to Dismiss based on the original credit card agreement venue for law. Which would mean the suit was out of SOL. Last day of payment was 10/2006.

The credit card agreement states: "APPLICABLE LAWS

This Agreement is governed by Virginia law and federal law.

We make our credit decisions and extend credit to you under this Agreement from Virginia. This Agreement is:

• entered into in Virginia; and

• maintained in Virginia.

This is true whether or not you use your card in Virginia."

Virginia's SOL is

The statute of limitations on debt in Virginia limits the time you can be sued for a debt.

Oral Contract: 3 years

Written Contract: 5 years

Promissory Note: 6 years

Open-Ended Accounts: 3 years

Somewhere I read that the court clerk would have the appropriate paper to fill out for this motion. Is that true and I just fill in the blanks? Also, I assume I need to attach a copy of the card member agreement and quote the Virginia statue right? Where do I find the Virginia Statue? Anything else I need to include?

If for some reason this is denied, do I move on to an answer to the summons then?

Thank you so much!

ETA: I'm in TN

I would file a motion to dismiss first and then file an answer within the time limit if not rules upon by the court and include Time Barred Debt as an affirmative defense.

Here is the rule for Motions in Tennessee Rule 7.02: Motions and Other Papers. | Tennessee Administrative Office of the Courts

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You don't need to attach a bunch of stuff to the motion. Ask for oral arguments and then present them to the judge at the hearing. If it is really out of statute they will probably drop it when you file your motion.

If they do, sue them for a slam dunk FDCPA violation of suing you on a time barred debt. Sue the alleged owner of the debt and the attorney or law firm personally.

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Since I don't need to attach it, do I just explain it in my motion?

Is there a way I can convince the judge to go by the Virginia SOL? Do I need to show some kind of case law for that? Do y'all know of any that will apply?

Thank you all again for your help.

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Thank you! I'm not sure I really understand what it's saying. Is it basically just saying to make sure the motion is made in writing and explain why you are making the motion? I think that's right but just want to make sure. Do I quote that rule in the motion for dismissal?

Rule 7.02: Motions and Other Papers.

(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

I would file a motion to dismiss first and then file an answer within the time limit if not rules upon by the court and include Time Barred Debt as an affirmative defense.

Here is the rule for Motions in Tennessee

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Try Google Scholar and see if you can find case laws for your state, also look at your court rules and read the part under Choice of Forum.

It really depends on your state and how they see SOL. IF is sustantive or procedual. It got to be considered sustantive for any foreign SOL to apply if it's just procedual, it will not. That's from what I read I'm not a law expert, so my understanding could be wrong.

Edited by kutuzov
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Try Google Scholar and see if you can find case laws for your state, also look at your court rules and read the part under Choice of Forum.

What should I search for? Just statue of limitations or something else? Do you mean the Rules of Civil Procedure or something else?

It really depends on your state and how they see SOL. IF is sustantive or procedual. It got to be considered sustantive for any foreign SOL to apply if it's just procedual, it will not. That's from what I read I'm not a law expert, so my understanding could be wrong.

How do I find out how the state sees SOL? Thanks!

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Your state sees the SOL as whatever state's laws apply. The agreement says that Virginia law shall apply. By using the card, you accept the agreement that THEY put forth stating Virginia law.

Comes now the the defendant and files this request to dismiss with prejudice as follows:

1. The alleged account with OC is governed by the terms and conditions as set forth in the cardmember agreement (Exhibit A).

2. The Terms and Conditions state on page three (3), number 4, that all disputes will be subject to the laws of the State of Virginia.

3. The State of Virginia Statute of Limitations on open accounts is three (3) years (Exhibit B).

4. The last payment noted on the alleged account was 02/06/07. (Exhibit C)

5. Plaintiff's claim is time-barred under Virginia statute.

Wherefore,the Defendant prays the Court to dismiss the Plaintiff's claim with prejudice and grant the Defendant reimbursement of costs.

Then include a signature line for the judge to so order...

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Thank you! this is very helpful!

Your state sees the SOL as whatever state's laws apply. The agreement says that Virginia law shall apply. By using the card, you accept the agreement that THEY put forth stating Virginia law.

Comes now the the defendant and files this request to dismiss with prejudice as follows:

1. The alleged account with OC is governed by the terms and conditions as set forth in the cardmember agreement (Exhibit A).

2. The Terms and Conditions state on page three (3), number 4, that all disputes will be subject to the laws of the State of Virginia.

3. The State of Virginia Statute of Limitations on open accounts is three (3) years (Exhibit B).

4. The last payment noted on the alleged account was 02/06/07. (Exhibit C)

5. Plaintiff's claim is time-barred under Virginia statute.

Wherefore,the Defendant prays the Court to dismiss the Plaintiff's claim with prejudice and grant the Defendant reimbursement of costs.

Then include a signature line for the judge to so order...

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These are the ones I found that seemed like they might apply. I just don't know how to tell for sure. Can anyone let me know if these are what I am needing? Some are links that may include some case law or just explanations. I'm having trouble understanding some of these and not sure what would be the most helpful. Thank you so much!

Choice of law provision tennessee - Google Scholar

Contract Choice of law provision tennessee - Google Scholar

Contract Choice of law provision sixth circuit - Google Scholar

http://state.tn.us/sos/acts/106/pub/pc0983.pdf

Enforcement Of Contractual Arbitration Provisions In Tennessee - Home - Glankler Brown Business Law.Period

Tennessee Commercial Lending Guide | Ernest B. Williams, IV

https://www.tnwd.uscourts.gov/JudgeMcCalla/opinions/197.pdf

meant to add that TN is the 6th circuit

Edited by Amanda137
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Also, the HSBC account was opened in 2005. I noticed in looking at other threads that Linda7 posted a link to a copy of their credit card agreement from 2006 I believe.

The post is here (#13)

http://www.creditinfocenter.com/forums/there-lawyer-house/311988-being-sued-portfolio-recovery-associates-gwinnett-county-ga.html

direct link to pdf is

HSBC agreement.PDF - 4shared.com - document sharing - download

Now this agreement states Nevada law but the one I found online here

http://www.hsbccreditcard.com/ecare/images/HSBCCard.pdf?&locale=en_US&brand=HS_000_000

says Virginia. How do I know which one to use? Do I go with the one that Linda7 posted? Either law would be that it was SOL. However, I want to get it right so they don't deny it.

Thank you!!

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I haven't been able to find a case that is specific to the statute of limitations in a case regarding debt. Most seem to be regarding insurance claims. Also, none of them specifically state whether they deem the SOL to be procedural or substantive.

You said you haven't been sued yet. Whether or not you can use choice of law might depend upon the cause of action they state in the Complaint. If they claim breach of contract, you could try this one:

"The Tennessee conflict of laws rule provides that rights and obligations under a contract are governed by the law of that state with the view to which it is made and that the intentions of the parties in this respect to be gathered from the terms of the instruments and all of the attending circumstances control." Ohio Casualty Ins. Co. v. Travelers Indemnity, 493 SW 2d 465 - Tenn: Supreme Court 1973

In the above case, an accident occurred in TN. The insurance policy was made in KY. The court ruled that the statute of limitations applied to state where the contract was made...lex loci contractus. They applied the KY statute of limitations.

The problem is that a credit card account is an implied contract. You didn't actually sign a contract. It's implied because you used the card. But, since the cardmember agreement specied that it's governed by the laws of VA, there's this:

"'(A) contract is presumed to be made with reference to the law of the place where it was entered into unless it appears that it was entered into in good faith with reference to the law of some other state.'" First American National Bank v. Automobile Insurance Co., 252 F.2d 62, 64 (6th Cir.1958). Because the parties to the subject contract agreed that the contract would be governed by Illinois law, all further analysis and discussion will apply the relevant law from that jurisdiction." Shared Imaging, Inc. v. Campbell Clinic, Inc., 994 F. Supp. 919 - Dist. Court, WD Tennessee 1998

The above is from a U.S. District court in TN rather than a state court, and it's an insurance case, but it couldn't hurt to try.

Edited by BV80
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Also, the HSBC account was opened in 2005. I noticed in looking at other threads that Linda7 posted a link to a copy of their credit card agreement from 2006 I believe.

The post is here (#13)

http://www.creditinfocenter.com/forums/there-lawyer-house/311988-being-sued-portfolio-recovery-associates-gwinnett-county-ga.html

direct link to pdf is

HSBC agreement.PDF - 4shared.com - document sharing - download

Now this agreement states Nevada law but the one I found online here

http://www.hsbccreditcard.com/ecare/images/HSBCCard.pdf?&locale=en_US&brand=HS_000_000

says Virginia. How do I know which one to use? Do I go with the one that Linda7 posted? Either law would be that it was SOL. However, I want to get it right so they don't deny it.

Thank you!!

You need to use the agreement that was in effect the year the account went into default.

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Keep in mind, credit card contracts (agreements) are contracts of adhesion. That means if there is any ambiguity, the dispute is settled in favor of the party that did not write the contract (you).

It takes actual ambiguity and does not mean every argument will go in your favor, but if there is a legit "coin flip" type dispute that could go either way, by law, it goes in your favor.

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If the choice of law provision comes up as an issue, I always recommend that defendants take the credit card agreement and hold it up in front of the plaintiff (or whoever testifies). "Is this your agreement?" Yes. "Does it specify XXXX state law?" Yes. "Are you clearly alleging in the Complaint that I agreed to the terms of your supposed agreement?" Yes. "Then why are you now trying to weasel out of the choice of law provision? Could it be that your own provision now doesn't suit you purposes for litigation because you or your attorneys weren't attentive enough to know what the statute of limitations was?" You can make the same argument in an objection to any motion they file. You can also reply to their objection, something which is not widely known or specified in any rules of procedure.

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Like one of my favorite parts in the People V Larry Flynt. The attorney for Flynt (Ed Norton) put Falwell (or as Flynt referred to him as, Fartwell) on the stand. He then said have you ever had sex with your mom in an outhouse. Falwell replies of course not that is outrageous. Norton says, nobody would believe that and Falwell says of course not.

Norton then says, then why are you suing my client if nobody would believe what he wrote and the judge clearly gave instructions if nobody would reasonably believe what Flynt wrote was true there is no liable.

Falwell huffs and puffs and says, I'm not a lawyer Mr. Issacman (Norton). Norton says, well I am a lawyer, and I can't figure it out either.

:trainwreck:

I love that argument Leagal. It's basically the same as Flynt's, which is, so why are we here and why are sitting there disputing what is crystal clear which a first grader would even understand your full of it.

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I ticked the other side off when making these statements to the judge. They simply don't expect a pro se to call them on their B.S., and when you do they go into an almost uncontrollable meltdown mode.

"Your Honor, the fact it was inconvenient for the defendant to comply with the law does not somehow change the plain language and meaning of the law." "The law being inconvenient and a burden to comply with is not a legal defense." :twisted:

"It appears the defendant believes if they say something enough for the way they wish for the law to be, it somehow gives them an exception to the law and modifies the law for this particular case." :twisted:

"Stating something as fact does not make the statement a fact, no matter how many times it's stated or different ways the same argument is stated." :twisted:

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Thank you all so much for your help and sharing your knowledge. I hope we can really do this. The thing that mainly worries me is understanding all of the legal terms and the ways things are written. I deal better with plain english. LOL

I was wondering if y'all could tell me which of these Rules of Civil Procedure are applicable to this type of case. I want to print them out and study them, but don't want to spend time on ones that may not apply. Some of them I know wouldn't apply but others I am unsure of. Thank you all again! I will bold the ones I think apply and if I am wrong or need to add others, if you could let me know I would so appreciate it. Thank you! (I'll have to split it into 2 posts)

Rules of Civil Procedure

RULE 1.

1: Scope of Rules.

RULE 2.

2: One Form of Action.

RULE 3.

3: Commencement of Action.

RULE 4. PROCESS

4.01: Summons; Issuance; By Whom Served; Sanction for Delay.

4.02: Summons; Form.

4.03: Summons; Return.

4.04: Service Upon Defendants within the State.

4.05: Service Upon Defendant Outside This State.

4.06: Reserved.

4.07: Waiver of Service; Duty to Save Costs of Service; Request to Waive.

4.08: Constructive Service.

4.09: Amendment.

4A: Service Upon Defendant in a Foreign Country.

4B: Service upon Secretary of State as Agent for Service of Process.

RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS

5.01: Service — When Required.

5.02: Service — How Made.

5.03: Service — Proof of.

5.04: Service — Numerous Defendants.

5.05: Filing.

5.06: Filing with the Court Defined.

RULE 5A. FACSIMILE FILING OF PAPERS

5A.01: Definitions.

5A.02: Filing Procedures.

5A.03: Effect of Facsimile Filing.

5A.04: Facsimile Service Charge.

RULE 5B. ELECTRONIC FILING, SIGNING, OR VERIFICATION

5B: Electronic Filing, Signing, or Verification

RULE 6. TIME

6.01: Computation.

6.02: Enlargement.

6.03: Unaffected by Expiration of Term — Chambers Orders.

6.04: For Motions — Affidavits.

6.05: Additional Time after Service by Mail.

RULE 7. PLEADING ALLOWED; FORM OF MOTIONS

7.01: Pleadings.

7.02: Motions and Other Papers.

7.03: Demurrers, Pleas, etc., Abolished.

RULE 8. GENERAL RULES OF PLEADING

8.01: Claims for Relief.

RULE 8. GENERAL RULES OF PLEADING

8.02: Defenses — Form of Denials.

8.03: Affirmative Defenses.

8.04: Effect of Failure to Deny.

8.05: Pleading to Be Concise and Direct — Statutes, Ordinances and Regulations — Consistency.

8.06: Construction of Pleadings.

RULE 9. PLEADING SPECIAL MATTERS

9.01: Capacity.

9A: Petition for Termination of Parental Rights; Content of Petition.

RULE 9. PLEADING SPECIAL MATTERS

9.02: Fraud, Mistake, Condition of the Mind.

9.03: Conditions Precedent.

9.04: Official Document or Act.

9.05: Judgment.

9.06: Time and Place.

9.07: Special Damage.

RULE 10. FORM OF PLEADINGS

10.01: Caption — Names of Parties.

10.02: Paragraphs — Separate Statements.

10.03: Exhibits.

10.04: Adoption by Reference.

RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS

11.01: Signature.

RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS

11.02: Representations to Court.

11.03: Sanctions.

11.04: Inapplicability to Discovery.

RULE 12. DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED: BY PLEADING OR MOTION: MOTION FOR JUDGMENT ON PLEADINGS

12.01: When Presented.

12.07: Consolidation of Defenses.

12.08: Waiver of Defenses.

RULE 12. DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED: BY PLEADING OR MOTION: MOTION FOR JUDGMENT ON PLEADINGS

12.02: How Presented.

12.03: Motion for Judgment on the Pleadings.

12.04: Preliminary Hearings.

12.05: Motion for More Definite Statement.

12.06: Motion to Strike.

RULE. 13 COUNTERCLAIM AND CROSS-CLAIM

13.01: Compulsory Counterclaims.

13.02: Permissive Counterclaim.

13.03: Counterclaim Exceeding Opposing Claim.

13.04: Counterclaim against the State of Tennessee.

13.05: Counterclaim Maturing or Acquired after Pleading.

13.06: Omitted Counterclaim.

13.07: Cross-Claim Against Co-Party.

13.08: Additional Parties May Be Brought in.

13.09: Separate Trials — Separate Judgments.

RULE 14. THIRD-PARTY PRACTICE

14.01: When Defendant May Bring in Third Party.

14.02: When Plaintiff May Bring in Third Party.

RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS

15.01: Amendments.

15.02: Amendments to Conform to the Evidence.

15.03: Relation Back of Amendments.

15.04: Supplemental Pleadings.

RULE 16. SCHEDULING AND PLANNING, PRETRIAL, AND FINAL PRETRIAL CONFERENCES AND ORDERS

16.01: Scheduling and Planning Conferences and Orders.

16.02: Pretrial Conferences; Objectives.

16.04: Final Pretrial Conference.

RULE 16. SCHEDULING AND PLANNING, PRETRIAL, AND FINAL PRETRIAL CONFERENCES AND ORDERS

16.03: Subjects to be Discussed at Pretrial Conferences.

16.05: Pretrial Order.

16.06: Sanctions.

RULE 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY

17.01: Real Party in Interest.

17.02: Capacity to Sue or Be Sued.

17.03: Infants or Incompetent Persons.

RULE 18. JOINDER OF CLAIMS AND REMEDIES

18.01: Joinder of Claims.

18.02: Joinder of Remedies.

RULE 19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION

19.01: Persons to Be Joined if Feasible.

19.02: Determination by Court Whenever Joinder Not Feasible.

19.03: Pleading Reasons for Nonjoinder.

19.04: Exception of Class Actions.

RULE 20. PERMISSIVE JOINDER OF PARTIES

20.01: Permissive Joinder.

20.02: Separate Trials.

RULE 21.

21: Misjoinder and Nonjoinder of Parties.

RULE 22. INTERPLEADER

22.01: Generally.

22.02: Procedure.

RULE 23. CLASS ACTIONS

23.01: Prerequisites to a Class Action.

23.02: Class Actions Maintainable.

RULE 23. CLASS ACTIONS

23.03: Determination by Order Whether Class Action to Be Maintained — Notice, Judgment — Actions Conducted.

23.04: Orders in Conduct of Actions.

23.05: Dismissal or Compromise.

23.06: Derivative Actions by Shareholders.

23.07: Actions Relating to Unincorporated Associations.

23.08: Disposition of Residual Funds.

RULE 24. INTERVENTION

24.01: Intervention as of Right.

24.02: Permissive Intervention.

24.03: Procedure.

24.04: Notice to Attorney General When Statute, Rule or Regulation Is Questioned.

RULE 25. SUBSTITUTION OF PARTIES

25.01: Death.

25.02: Incompetency.

25.03: Transfer of Interest.

25.04: Public Officers - Death or Separation from Office.

RULE 26. GENERAL PROVISIONS GOVERNING DISCOVERY

26.01: Discovery Methods.

26.02: Discovery Scope and Limits.

26.03: Protective Orders.

26.04: Sequence and Timing of Discovery.

26.05: Supplementation of Responses.

26.06: Discovery Conference.

26.07: Signing of Discovery Requests, Responses, and Objections.

RULE 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL

27.01: Before Action.

27.02: Pending Appeal.

27.03: Perpetuation by Action.

27.04: Filing and Recording.

RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN

28.01: Within the United States.

28.02: In Foreign Countries.

28.03: Disqualification for Interest.

RULE 29.

29: Stipulations Regarding Discovery Procedure.

RULE 30. DEPOSITIONS UPON ORAL EXAMINATION

30.01: When Depositions May Be Taken.

30.02: Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone.

30.03: Examination and Cross-Examination; Record of Examination; Oath; Objections.

30.04: Motion to Terminate or Limit Examination.

30.05: Submission to Witness; Changes; Signing.

30.06: Disposition.

30.07: Failure to Attend or to Serve Subpoena; Expenses.

RULE 31. DEPOSITIONS UPON WRITTEN QUESTIONS

31.01: Serving Questions; Notice.

31.02: Officer to Take Responses and Prepare Record.

31.03: Notice of Filing.

RULE 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS

32.01: Use of Depositions.

32.02: Objections to Admissibility.

32.03: Effect of Taking or Using Depositions.

32.04: Effect of Errors and Irregularities in Depositions.

RULE 33. INTERROGATORIES TO PARTIES

33.01: Availability; Procedures for Use.

33.02: Scope; Use at Trial.

33.03: Option to Produce Business Records.

RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES

34.01: Scope.

34.02: Procedure.

34.03: Persons not Parties.

RULE 34A. SPOLIATION OF EVIDENCE

34A.01: Testing of Tangible Things.

34A.02: Other Spoliation.

RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

35.01: Order for Examination.

35.02: Report of Examining Physician.

RULE 36. REQUESTS FOR ADMISSION

36.01: Request for Admission.

36.02: Effect of Admission.

RULE 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY: SANCTIONS

37.01: Motion for Order Compelling Discovery.

37.02: Failure to Comply with Order.

37.03: Failure to Supplement or Amend Responses or Failure to Admit.

37.04: Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Requests for Inspection.

37.05: Failure to Participate in the Framing of a Discovery Plan.

37.06: Electronically Stored Information.

RULE 38. JURY TRIAL OF RIGHT

38.01: Right Preserved.

38.02: Demand.

38.03: Demand — Cases Removed to Trial Court.

38.04: Demand — Specification of Issues.

38.05: Waiver.

RULE 39. TRIAL BY JURY OR BY THE COURT

39.01: By Jury.

39.02: By the Court.

39.03: Advisory Jury.

RULE 40.

40: Setting Cases for Trial.

RULE 41. DISMISSAL OF ACTIONS

41.01: Voluntary Dismissal — Effect Thereof.

41.02: Involuntary Dismissal — Effect Thereof.

41.03: Dismissal of Counterclaim, Cross-Claim or Third-Party Claim.

41.04: Costs of Previously Dismissed Action.

RULE 42. CONSOLIDATION: SEPARATE TRIALS

42.01: Consolidation.

42.02: Separate Trials.

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RULE 43. EVIDENCE

43.01: Evidence at Trials.

43.02: Evidence at Motion Hearings.

43.03: Order of Expert Testimony.

43.04: Matters Considered by Court.

RULE 43A. JUROR INFORMATION

43A.01: Juror Notetaking.

43A.02: Juror Notebooks.

43A.03: Juror Questions of Witnesses.

RULE 44.

44: (Reserved).

RULE 44A.

44A: Interim Commentary.

RULE 45. SUBPOENA

45.01: For Attendance of Witnesses — Form — Issuance.

45.02: For Production of Documents and Things or Inspection of Premises.

45.03: Service.

45.04: Subpoena for Taking Depositions — Place of Deposition.

45.05: Subpoena for a Hearing or Trial — Personal Attendance.

45.06: Contempt.

45.07: Protection of Persons Subject to Subpoena.

45.08: Duties in Responding to Subpoena.

RULE 46.

46: Exceptions Unnecessary.

RULE 47. JURORS

47.01: Examination of Jurors.

47.02: Additional Jurors.

47.03: Procedures for Exercising Peremptory Challenges.

RULE 48.

48: Juries of Less Than twelve; Majority Verdict.

RULE 48.

48: JURIES OF LESS THAN TWELVE: MAJORITY VERDICT.

RULE 49. SPECIAL VERDICTS AND INTERROGATORIES

49.01: Special Verdicts.

49.02: General Verdict Accompanied by Answer to Interrogatories.

RULE 50. MOTION FOR A DIRECTED VERDICT

50.01: When Made — Effect.

50.02: Reservation of Decision on Motion.

50.03: Conditional Rulings on Grant of Motion.

50.04: Denial of Motion.

50.05: Motion for New Trial Not Necessary after Directed Verdict.

RULE 51. INSTRUCTIONS TO JURY: OBJECTION

51.01: Requests for Instructions.

51.02: Objection — Failure to Object.

51.03: Timing.

51.04: Written Form.

RULE 52. FINDINGS BY THE COURT

52.01: Findings Required.

52.02: Amendment.

RULE 53. MASTERS

53.01: Appointment and Compensation.

53.02: Powers.

53.03: Proceedings.

53.04: Report.

53.05: Application to References to Clerks and Masters.

RULE 54. JUDGMENTS AND COSTS

54.01: Definition — Form.

54.02: Multiple Claims for Relief.

54.03: Demand for Judgment.

54.04: Costs.

RULE 55. DEFAULT

55.01: Entry.

55.02: Setting Aside Default.

55.03: Plaintiffs, Counterclaims, Cross-Claimants.

55.04: Judgment Against the State of Tennessee.

RULE 56. SUMMARY JUDGMENT

56.01: For Claimant.

56.02: For Defending Party.

56.03: Specifying Material Facts.

56.04: Motion and Proceedings Thereon.

56.05: Case Not Fully Adjudicated on Motion.

56.06: Form of Affidavits — Further Testimony — Defense Required.

56.07: When Affidavits Are Unavailable.

56.08: Affidavits Made in Bad Faith.

RULE 57.

57: Declaratory Judgments.

RULE 58.

58: Entry of Judgment.

RULE 59. NEW TRIALS AND ALTERATION OR AMENDMENT OF JUDGMENTS

59.01: Motions Included.

59.02: Time for Motions.

59.03: Time for Serving Affidavits.

59.04: Motion to Alter or Amend a Judgment.

59.05: On Initiative of Court.

59.06: New Trial Where Verdict Is Against the Weight of the Evidence.

59.07: Motion for New Trial - Grounds.

RULE 60. RELIEF FROM JUDGMENTS OR ORDERS

60.01: Clerical Mistakes.

RULE 60. RELIEF FROM JUDGMENTS OR ORDERS

60.02: Mistakes — Inadvertence — Excusable Neglect — Fraud, etc.

RULE 61.

61: (Reserved).

RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT

62.01: Initial Stay; Exceptions.

62.02: Additional Stay on Specified Timely Motions.

62.03: Relief Pending Appeal.

62.04: Stay on Appeal.

62.05: Bond for Stay.

62.06: Stay in Favor of the State or Agency Thereof.

62.07: Power of Trial Court not Limited.

62.08: Power of Appellate Court not Limited.

62.09: Entry, Enforcement or Stay of Judgment as to Multiple Claims or Multiple Parties.

RULE 63.

63: Inability of a Judge to Proceed.

RULE 64.

64: Seizure of Person or Property.

RULE 65. INJUNCTIONS

65.01: Injunctive Relief.

65.02: Requisites of Restraining Order or Injunction — Parties Bound.

65.03: Restraining Order.

65.04: Temporary Injunction.

65.05: Injunction Bond.

65.06: Enforcement of Restraining Orders and Injunctions.

65.07: Exceptions.

RULE 65A.

65A: Form of Security; Proceedings Against Sureties.

RULE 66.

66: Receivers.

RULE 67. DEPOSIT IN COURT

67.01: In an Action.

67.02: Court May Order Deposit or Seizure of Property.

67.03: Money Paid into Court.

67.04: Post-Judgment Interest.

RULE 68.

68: Offer of Judgment.

RULE 69. EXECUTION ON JUDGMENTS

69.01: Scope.

69.02: Sequence.

69.03: Discovery.

69.04: Extension of Time.

69.05: Garnishment.

69.06: Execution on Personalty.

69.07: Execution on Realty.

RULE 70.

70: Judgment for Specific Acts; Vesting Title.

RULE 71.

71: Condemnation of Property.

RULE 72.

72: Declarations Made Under Penalty of Perjury

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Can anyone advise if I have the right rules in bold that might apply? Are there any I should add? I want to really start studying these. I am afraid if I study ones that don't apply, it will just confuse me. Thanks!

Also, I want to send someone to get a copy of the summons from the court clerk. If I do this, will it be logged that someone got a copy? And does it matter as long as it's not my husband? Thanks!

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