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De Novo appeal in Tennessee


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I have been researching De Novo appeals in Tennessee.

If I appeal a case from General Sessions, what are the requirements?

Specifically, if I appeal, I have 10 days, but do I have to have some other evidence on my side? Or can I just ask for a 'do over'?

And, if I do have to have more info...how long do I have to come up with it?

Until they ask for discovery? Or just until the new case is set...do I have to tell the judge why I want another trial before he allows it?

Thank you in advance... I've been reading everything and my brain is about to explode. Some things are getting clearer but some are more confusing.

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Appeals are generally granted if the petitioner can show that there was judicial error, or that there is new evidence, or that evidence was improperly excluded, etc. The issues generally have to be objected to during the trial in order to "preserve" them for appeal. Your "info" should be submitted with the appeal. Most people think they can appeal a case just because they are unhappy that they lost. It doesn't work that way.

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Have you already been to court?

In Tennessee If you file a sworn denial the first setting will

just set the case for a future trial date.

After having filed your sworn denial , submitted to the court and copy sent to plaintiff. You will show up at your court date.

Stick to your sworn denial the judge will set a date..

After date is set then you file with the court and send copy to plaintiff

of Requests for Discovery and Interrogitories..

Pretty simple in TN

At least so far for me.

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Summary judgment is awarded when the moving party (party who filed the MSJ) shows that the other side has no genuine issue of material fact to support their case. In a debt collection case, the Plaintiff usually files an MSJ claiming the defendant has no facts on their side and no defense.

A case can be appealed by the losing party if that party can show that summary judgment was awarded to the other party in error due to the fact that there WAS a genuine issue of material fact as to why judgment should not have been awarded.

You would have to show that there is or are facts as to why the judge erred in granting MSJ to the other party. You should also include case law from your state to support your facts.

For instance, a JDB sued a debtor. The only evidence presented by the JDB is a generic bill of sale, an affidavit from the JDB, and a couple of cc statements. The defendant objects to the evidence because the bill of sale doesn't reference the defendant's name or account number. It doesn't prove the JDB bought the account. The JDB files an MSJ, the defendant opposes it pointing out that the JDB hasn't proven ownership of the account, but the judge grants the MSJ anyway.

That defendant might file an appeal based on the fact that the JDB didn't prove they owned the account. Therefore, the JDB didn't show they had standing to sue. That's a genuine issue of material fact.

However, in an appeal, one can't bring up new issues. One can only bring up facts that you brought up before summary judgment was granted. If the defendant didn't object to the bill of sale before summary judgment was granted, they can't object to it in the appeal.

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What if the judge does not issue summary judgement and the attorney on the other side is upset. They said they were filing an appeal. This was in general sessions so they have 10 days. They said they were filing an appeal.

Again, this is general sessions. Judge called it 'contested trial' I think.

He said they did not meet prima facia case and said they can't sue me again.

So, with de novo do they have to have new evidence?

Based on what you are saying they aren't allowed new evidence?

De novo - no new evidence required?

De novo - no new evidence allowed? On if objected to before?

I'm sorry - please help - I'm confused

And I'm scared- the other attorney was so angry -

Going to really come after me now they are so angry.

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What if the judge does not issue summary judgement and the attorney on the other side is upset. They said they were filing an appeal. This was in general sessions so they have 10 days. They said they were filing an appeal.

Again, this is general sessions. Judge called it 'contested trial' I think.

He said they did not meet prima facia case and said they can't sue me again.

So, with de novo do they have to have new evidence?

Based on what you are saying they aren't allowed new evidence?

De novo - no new evidence required?

De novo - no new evidence allowed? On if objected to before?

I'm sorry - please help - I'm confused

And I'm scared- the other attorney was so angry -

Going to really come after me now they are so angry.

I didn't realize the case was dismissed against you, and they might appeal. They can present new evidence. I think the court would also have to agree whether or not any new evidence is relevant or would make a difference in the ruling.

If they don't have any new evidence, they have to show that the case was wrongly dismissed. But they only have a certain amount of time to appeal. If they don't appeal within that time frame, they're out of luck.

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I didn't realize the case was dismissed against you, and they might appeal. They can present new evidence. I think the court would also have to agree whether or not any new evidence is relevant or would make a difference in the ruling.

If they don't have any new evidence, they have to show that the case was wrongly dismissed. But they only have a certain amount of time to appeal. If they don't appeal within that time frame, they're out of luck.

I'm sorry, I don't know if I am being clear...probably because I don't totally understand everything....

But -

I did NOT have the case dismissed.

And it was not a judgment.

And it was not a "non-suit" - where the other side withdrew the suit.

It was a verdict.

The judge called it a "contested trial".

He said that they could not sue me again over this.

He then said, they could appeal, they have 10 days to do that.

The lawyer was very unhappy. They said they would be doing an appeal.

I don't think that is case dismissed.

I don't remember him using the word "dismissed".

I do remember him using the words "prima facia" - and I didn't understand what that meant. I did google it.

At any rate, I know that for sure the case is done. Except they are going to appeal.

As I was leaving the clerk stopped me and wanted to make sure I understood. They have 10 days to appeal and that I should check back in 10 days. The clerk also said I should get an attorney. I was not qualified for circuit court, it was going to be completely different, etc. That I wasn't qualified.

For sure it is an appeal. It was not dismissed. I know they have 10 days.

They have already said they were going to (they were really really angry).

I'm scared.

That's why I'm asking, what is a de novo appeal?

Do they get to use new evidence? Or do they only have the same thing they did have before?

Do they have to show the judge ruled wrongly? Or can they just say they want another trial?

Does de novo mean they have to have a reason?

Does de novo mean they can have new evidence?

Does de novo mean they use same evidence?

If someone appeals the verdict in general sessions, do they have to have reason?

I really don't think it was dismissed. If it were then it wouldn't they just re-file again in general sessions?

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This is where I found something:

2010 Tennessee Code

Title 27 - Appeal And Review

Chapter 5 - Appeals from General Sessions Court and Municipal Officers

27-5-108 - Appeal from general sessions court.

And in part (B) and © it says:

(B) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.

© Any appeal shall be heard de novo in the circuit court.

What does that mean?

What does "perfect an appeal" in part b mean?

And what does "de novo" in part c mean?

Does "perfect an appeal" mean that they have to have a reason, or do they just request it?

And does "de novo" mean they don't have a reason?

Can I just appeal if I want to?

And if not, if I have to have a reason, do I have to have the reason in 10 days?

Ok, I'll stop posting now. I really appreciate everyone's comments and responses. I am very scared. That lawyer was very angry that they lost.

I think they are going to come after me really really hard. The look and attitude was very scary.

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First get over their lawyer being unhappy. Losers generally are not all that happy. It was probably just a show for the judge because they were humiliated because they lost against a pro-se. However, regardless, who gives a damn if the other side was mad. Losing tends to upset people.

If their is a De Novo appeal that is available, that means it's a complete do over. You can have new evidence, old evidence, and the trial record does not follow the appeal. I've know people that had an appeal right by De Novo, not even show up at the trial because the judge was an idiot and they knew they would lose, so did not waste their time. They just took the default and then appealed because the appeal was by De Novo.

If it's any other type of appeal then the appeal must be based on some procedural or legal error the judge made. For example the judge did not let or did let some evidence in and the appeal court is asked to correct that error.

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This is where I found something:

2010 Tennessee Code

Title 27 - Appeal And Review

Chapter 5 - Appeals from General Sessions Court and Municipal Officers

27-5-108 - Appeal from general sessions court.

And in part (B) and © it says:

(B) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.

© Any appeal shall be heard de novo in the circuit court.

What does that mean?

What does "perfect an appeal" in part b mean?

And what does "de novo" in part c mean?

Does "perfect an appeal" mean that they have to have a reason, or do they just request it?

And does "de novo" mean they don't have a reason?

Can I just appeal if I want to?

And if not, if I have to have a reason, do I have to have the reason in 10 days?

Ok, I'll stop posting now. I really appreciate everyone's comments and responses. I am very scared. That lawyer was very angry that they lost.

I think they are going to come after me really really hard. The look and attitude was very scary.

Perfect an appeal is fancy for file an appeal. And yes De Novo means as I posted above, you appeal for any reason or actually no reason at all.

In other words, either side can appeal just because they don't like the ruling. There will be no trial record that goes along with the appeal, a complete do over.

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De novo means the case would be heard all over again from the beginning. In that situation, I'm not sure if they're allowed to bring new evidence or not. They do have the burden of proof to show that the lower court's ruling should be overturned.

If I'm not mistaken, to perfect an appeal means to timely file it and follow all the rules for filing.

Based upon the rule you posted, as to whether or not such an appeal is automatically heard, I don't know. I'd suggest you contact your state's bar association. Ask for the lawyer referral service. In most states, if not all, if you request the name of an attorney in your area, they provide a name. Because you received his name from the lawyer referral service, that attorney will give you a consultation either for free or at a reduced fee and you would not be obligated to hire him. You could get all your questions answered that way.

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That lawyer was very angry that they lost.

I think they are going to come after me really really hard. The look and attitude was very scary.

I'm trying to answer a little at a time so it's not all cramped into one post.

Attitude and scary looks don't win cases, the law and evidence win or lose cases.

The lawyer in one of my cases stomped out of court so fast and hard you could hear her heels clanking down the hall for the next 30 seconds. The second time we were in court and she lost again, as she was leaving I just smiled and said, "Don't worry it will get easier with each defeat, and you have a lot more coming, I'm just getting started" :<img src=:'>

After that, I was not allowed to speak to the other side unless it was on the record.

If the other side is mad, throw fuel on the fire.

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LOL - wow you are funny. I would NOT want to be against you.

And I would never say that to someone upset.

I guess my next question is, since I know the appeal is coming, do I have some motion I can file, demanding they prove they have new evidence by a certain date. Kind of put pressure on them to act fast?

Would that be discovery? If they file an appeal, can I just serve discovery right there that day?

And then, they have to provide everything at once?

If they later find more "stuff" I can somehow keep it from being entered into the record?

And for sure, nothing from the general sessions case gets in? Nothing I said?

I mentioned a few "objections" and such, but they were "denied". Can I mention them again, in a different way so they are not denied?

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And I'm sorry, I just want to ask you - - after you said that, did the judge hear you and that is when he said you were no longer allowed to talk to her off the record, or did she go tell on you?

It's none of my business, I just wonder how it took place.

And if the judge had to give that order, weren't you concerned that made you look bad? Maybe prejudice him against you?

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LOL - wow you are funny. I would NOT want to be against you.

And I would never say that to someone upset.

I guess my next question is, since I know the appeal is coming, do I have some motion I can file, demanding they prove they have new evidence by a certain date. Kind of put pressure on them to act fast?

Would that be discovery? If they file an appeal, can I just serve discovery right there that day?

And then, they have to provide everything at once?

If they later find more "stuff" I can somehow keep it from being entered into the record?

And for sure, nothing from the general sessions case gets in? Nothing I said?

I mentioned a few "objections" and such, but they were "denied". Can I mention them again, in a different way so they are not denied?

Often a trial de novo means that you cannot even bring up what happened at the previous trial. You can typically still use the discovery that you obtained, but "Your Honor, I objected to this in the previous trial and the judge granted it" is not going to be allowed in most de novo cases.

As for not wanting to say something like that to somebody who is upset, change your attitude. These attorneys are complete scum who cause people significant troubles by the thousands without actually reviewing anything or even giving it a second thought. If you don't want to say something like that, then do what I'd do: Give them a nice smile when they're pissed off. You know, the kind of smile that lets them know that you don't even have to say a word to gloat. Always kick'em when they're down. You don't have to lift your leg as far.

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wow.

I really don't like conflict, your "kick them while they are down" attitude is amazing. Although I do agree with the "you don't have to raise your leg too much to do it" part.

As softhearted as I am, I do think the lawyers are scum. I mean really low life. I use to think they were just people, trying to do their job, have their life. But anyone that can just do this for a living, it does take a special kind of person.

I know the first time I went to court to answer the summons, there were dozens and dozens of people and a lot of them were poor, sad people.

I couldn't help but think of Jesus, Jesus cared about the poor and downtrodden and some of the people there really were. I felt like they were taken advantage of. It was very humbling for me to see.

How does anyone with a heart do that for a living?

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Most people don't like conflict, but the fact is, you were in one and if they do appeal, you are still in one. Think of it as your duty to stand up for those who cannot stand up for themselves. It's very personal for you, and they don't give a rats a&#036;&#036;. To them, it's just business. They're "professionals."

Just think about what Creasy would do if somebody sued him and claimed that it was just business:

Man on Fire - scene - I'm just a professional - YouTube

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The lawyer in my opinion is bluffing, I say this because while they found out one judge is against them, the prospect of another judge finding out the lie would basically shoot themselves in the foot.

I think they will not spend the money to do that. I would file a costs memorandum after 10 days if allowed.

you won and should be justifiably proud. If they do get de novo review and it goes badly I will help you appeal to the state appellate court.

If they try to bully you, with talk of prosecution for perjury it is bluster.

you won you need to do the steps that a winner does like get your court fees back.

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No the judge did not hear me. The other side just sent me a letter asking if I would agree to stipulate all communication from this point forward be on the record only. In other words, I'm getting ready to ask for a protective order (not in the criminal sense you might think), so I just agreed.

"I couldn't help but think of Jesus"

Exactly, they are trying to taken advantage of Jesus people, they are the devil. You're doing the work of Jesus by kicking their a&#036;&#036;.

You're thinking of one time in court on a certain situation. I'm looking at the case in five months. By the time it gets ready for trial I want the other side wondering not if they are going to lose, but how bad is it going to be.

It's the Michael Jordan mindset of I'm taking the last second shot to win the game. I'm telling you what's coming, no trick play, I'm getting the ball, taking the shot, making the shot and you can't do a dang thing about it other than walk off the court a loser.

Most of it is posturing and mind games. Trust me !!!!! They will look to get in your head, which I sorta agree with Sea that they might already making that attempt.

I've got the whole deposition on DVD of Larry Flynt v Jerry Falwell. It is so classic. I've seen specials on court TV about it also. All the experts agree, by the end of that deposition there was no question of who was in charge, and it was Flynt, the one being sued for 40 million dollars.

The best part is when they ask Flynt if he intended to hurt and damage the reputation of Jerry Falwell with his parody in Hustler. His response with Falwell's lawyer fully expecting Flynt to beat around the bush, change the subject, or sugar coat it was, "No, assassinate it" Falwell's lawyer then says, "I think now is a good time for a break." :lol:

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Exactly, they are trying to taken advantage of Jesus people, they are the devil. You're doing the work of Jesus by kicking their a&#036;&#036;.

I don't believe that Jesus ever specifically stated that if one does the devil's work, "Thou shalt be kicked in the a&#036;&#036;", but it amounts to the fact that one day, such people will have to answer for their actions.

They could also pay in this lifetime. After all, karma is a bi*ch.

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LOL !

I would love to see that deposition. I might youtube search it later.

I was serious about feeling bad for those people. Some of them were elderly, some/several were sick. One woman you could tell by how she was dressed didn't have much money and had a wrap over her head. She had lost her hair, fighting cancer. So sad.

These are human beings. G-d made these people. All of them, each of them, deserved to be treated with dignity and respect.

So what do I do about getting ready for next step? do I put together a discovery request and give it to the other side immediately after I am served? That will force them to have to act quickly, right?

And also it will force them to find/provide stuff now.

I'm disappointed they will be allowed to introduce new evidence.

I think it should just be allowed what they had at original trial.

But of course, if the roles were reversed I would want to be able to get more evidence.

It seems like the laws in this state are in favor of the cc companies.

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LOL !

I would love to see that deposition. I might youtube search it later.

I was serious about feeling bad for those people. Some of them were elderly, some/several were sick. One woman you could tell by how she was dressed didn't have much money and had a wrap over her head. She had lost her hair, fighting cancer. So sad.

These are human beings. G-d made these people. All of them, each of them, deserved to be treated with dignity and respect.

So what do I do about getting ready for next step? do I put together a discovery request and give it to the other side immediately after I am served? That will force them to have to act quickly, right?

And also it will force them to find/provide stuff now.

I'm disappointed they will be allowed to introduce new evidence.

I think it should just be allowed what they had at original trial.

But of course, if the roles were reversed I would want to be able to get more evidence.

It seems like the laws in this state are in favor of the cc companies.

I watched an elderly woman get hammered at a hearing for an MSJ because she didn't understand that "I tried to do the right thing" was not a valid legal defense. The judge had to rule for the plaintiff, and she didn't look happy about it. She looked rather disgusted with herself. The woman who lost was utterly crushed at the end of that hearing, and this was a case where the judge gave her (the defendant) every chance she (the judge) could. I knew this was coming as soon as she (the defendant) started to speak. The judge had no choice, and she's known for being very fair to pro se litigants.

To make it even worse, the attorney tried to act compassionate for the defendant. He was the only person in the courtroom, including the judge, who didn't look sick over the outcome when it was all said and done.

I've dealt with the same attorney and the same law firm. Do you want to know why I am suing now? Do you want to know why I am going to be as ruthless as I can without pissing the judge off? It goes beyond just this elderly woman.

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