--- name: tn-draft-motion description: > This skill should be used to scaffold a Tennessee civil motion with its supporting memorandum of law. Triggers include "draft a motion in Tennessee", "draft a Tennessee motion to compel", "draft a Tenn. R. Civ. P. 12.02(6) motion to dismiss", "Tennessee motion for summary judgment", "draft a Rule 56 motion in Tennessee", "draft a motion to alter or amend under Rule 59.04", "draft a Tennessee motion in limine", "draft a memorandum of law for a Tennessee motion". Produces a motion plus supporting memorandum in the Tennessee statewide format applying the pro-se drafting framework (clear relief, cite the rule or statute, state supporting facts, conclude with signature and certificate of service). Composes with `tn-statewide-format` for the caption and signature, `tn-draft-declaration` for sworn facts, `tn-draft-order` for the proposed order, `tn-draft-note` for the Notice of Hearing, and the relevant venue overlay. version: 0.1.0 --- # Draft a Tennessee Motion > **NOT LEGAL ADVICE.** This skill scaffolds a draft motion. The > filer is responsible for verifying the underlying law and the > rule's applicability to the facts of the case before filing. Use this skill to produce a motion + supporting memorandum of law in Tennessee format. Most Tennessee motions follow **Tenn. R. Civ. P. 7.02** (form of motions — state the grounds and the relief sought) plus the specific rule under which the motion is filed (Rule 12.02, Rule 56, Rule 37, Rule 59, Rule 60, etc.). The caption, signature block, and certificate of service follow `tn-statewide-format`. These conventions apply in **Circuit** and **Chancery** courts, where the Tennessee Rules of Civil Procedure govern. **General Sessions** courts are informal and the Rules of Civil Procedure do not apply there except where specifically made applicable — do not assume formal written motion practice in General Sessions (see `tn-general-sessions`). ## Page limits and typography Tennessee has **no single statewide page-limit, margin, or font rule**. Form is governed by Tenn. R. Civ. P. 10 (caption, numbered paragraphs, exhibits) and Rule 11 (signature). **Page limits, margins, font, and chambers-copy requirements are set by per-county LOCAL RULES** — check the local rules of the filing court (indexed on the AOC "Local Rules of Practice" page at tncourts.gov) and the assigned judge's standing orders before finalizing. See `tn-statewide-format`. ## Motion + memorandum structure Tennessee practice commonly pairs a short **motion** (stating the relief and grounds per Rule 7.02) with a separate or appended **memorandum of law** (the legal argument). Some courts permit a combined document; many local rules expect a discrete memorandum. Verify the local rule of the filing court. ``` [Caption — see tn-statewide-format] [DOCUMENT TITLE IN ALL CAPS, e.g., DEFENDANT'S MOTION TO DISMISS PURSUANT TO TENN. R. CIV. P. 12.02(6)] [Movant], [Plaintiff / Defendant], pursuant to Tenn. R. Civ. P. [rule], respectfully moves the Court for [specific relief]. The grounds for this Motion are as follows and are more fully set out in the accompanying Memorandum of Law: 1. [Ground one — short, particular statement.] 2. [Ground two.] WHEREFORE, [Movant] respectfully requests that the Court [grant the relief sought] and enter the accompanying proposed Order. [Signature block — see tn-statewide-format] CERTIFICATE OF SERVICE [Date, method, recipients — per tn-statewide-format and Rule 5] ``` ### Supporting memorandum of law ``` [Caption — see tn-statewide-format] MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION TO DISMISS I. INTRODUCTION [1-2 paragraph summary of the case, the relief sought, and the reasons in headline form.] II. STATEMENT OF FACTS [Numbered factual paragraphs. Each material fact gets a record citation — Affidavit ¶ X, Complaint ¶ X, Exhibit X, or admission in pleadings. Sworn facts belong in an affidavit; see tn-draft-declaration.] III. STANDARD OF REVIEW [State the governing standard for this motion type — e.g., the Rule 12.02(6) failure-to-state-a-claim standard, or the Rule 56 / Rye summary-judgment standard described below.] IV. ARGUMENT A. [Headline of first argument.] [Lead with the rule or statute citation; state the controlling standard; apply it to the facts; cite controlling Tennessee authority.] B. [Headline of second argument.] V. CONCLUSION For the foregoing reasons, [Movant] respectfully requests that the Court [grant the motion] and enter the accompanying proposed Order. [Signature block] CERTIFICATE OF SERVICE [Per tn-statewide-format and Rule 5] ``` ## Summary judgment — Rule 56 and the *Rye* standard A motion for summary judgment is governed by **Tenn. R. Civ. P. 56** and the standard in **Rye v. Women's Care Center of Memphis, MPLLC, 477 S.W.3d 235 (Tenn. 2015)**. In *Rye* the Tennessee Supreme Court restored the federal *Celotex*-style standard (overruling the earlier plaintiff-friendly *Hannan* standard), consistent with the legislative influence of **Tenn. Code Ann. § 20-16-101**. Under *Rye*, a moving party who does not bear the burden of proof at trial may obtain summary judgment by either: 1. **Affirmatively negating an essential element** of the nonmoving party's claim or defense; **OR** 2. **Demonstrating that the nonmoving party's evidence is insufficient** as a matter of law to establish an essential element of its claim or defense. Once the movant makes this showing, the burden shifts: the nonmoving party must, by affidavit or other Rule 56 materials, set forth specific facts showing a genuine dispute for trial — it cannot rest on the pleadings. **Timing — Rule 56.04**: the summary-judgment motion must be **served at least 30 days before the time fixed for the hearing**, and the adverse party may serve a response no later than **5 days before the hearing** (verify the current rule text and any local-rule variation, and use `tn-deadlines` to compute the dates). Rule 56 also requires the order granting summary judgment to **state the legal grounds** on which the court grants the motion. > A Rule 56 motion is typically accompanied by a **statement of > undisputed material facts** with citations to the record (verify the > local rule's exact format) and supporting affidavits (see > `tn-draft-declaration`). ## Motion to dismiss — Rule 12.02(6) and the § 20-12-119(c) fee cap A motion to dismiss for failure to state a claim is brought under **Tenn. R. Civ. P. 12.02(6)** (one of the eight Rule 12.02 defenses). If matters outside the pleadings are presented and not excluded by the court, a 12.02(6) motion is **converted to a Rule 56 summary-judgment motion** and the parties get a reasonable opportunity to present Rule 56 materials. > ⚠ **Fee-and-cost exposure — Tenn. Code Ann. § 20-12-119(c).** When a > trial court grants a motion to dismiss under Rule 12.02(6) for > failure to state a claim, the prevailing party may be awarded > reasonable costs and **attorney's fees, capped at $10,000**, against > the non-prevailing party. A pro se filer considering a 12.02(6) > motion — or defending against one — should be aware of this > Tennessee-specific fee-shifting exposure. Verify the statute's > current text and the case law construing its scope before relying on > it. ## Common motion types | Motion | Rule | Notes | |---|---|---| | Motion to Dismiss | Tenn. R. Civ. P. 12.02(6) | Failure to state a claim; converts to Rule 56 if outside matter considered; § 20-12-119(c) $10,000 fee cap | | Motion for Summary Judgment | Tenn. R. Civ. P. 56 | *Rye* standard; serve >= 30 days before hearing (Rule 56.04); order must state legal grounds | | Motion to Compel | Tenn. R. Civ. P. 37 | Attach the deficient responses; check local-rule meet-and-confer requirement | | Motion to Alter or Amend | Tenn. R. Civ. P. 59.04 | Within **30 days** of entry, **non-extendable**; tolls the time to appeal | | Motion for Relief from Judgment | Tenn. R. Civ. P. 60.02 | Mistake / excusable neglect / newly discovered evidence / fraud / void / satisfied; (1)-(2) within a reasonable time, not more than one year | | Motion in Limine | (inherent / Tenn. R. Evid.) | Pre-trial; anticipated evidentiary disputes | | Motion for Extension of Time | Tenn. R. Civ. P. 6.02 | Typically routine; note Rule 59 motions are non-extendable | ## The pro-se drafting framework — applied to motions Self-represented filers should follow the **pro-se drafting framework** (see `tn-pro-se`): 1. **State the relief clearly** in the opening sentence. 2. **Cite the rule or statute** (Tenn. R. Civ. P. ____ / Tenn. Code Ann. § ____) that grants the court power to award that relief. 3. **State the facts** that satisfy each element of the standard, with record citations to a supporting affidavit. 4. **Apply the controlling Tennessee case law** to those facts. 5. **Conclude** with the specific order sought, and attach a proposed Order (see `tn-draft-order`). ## Filing checklist - [ ] Caption matches the assigned court (Circuit / Chancery) and county - [ ] Title in ALL CAPS centered below the caption - [ ] Grounds and relief stated per Rule 7.02 - [ ] All cited rules and statutes correct (run `tn-fact-check`) - [ ] For Rule 56: served >= 30 days before hearing; statement of undisputed facts; supporting affidavit(s) - [ ] Within any applicable local-rule page limit - [ ] Proposed Order drafted as a **separate** document (`tn-draft-order`) - [ ] Supporting affidavit(s) drafted (`tn-draft-declaration`) - [ ] Notice of Hearing prepared if required (`tn-draft-note`, `tn-schedule-hearing`) - [ ] Certificate of Service complete (Rule 5) - [ ] Format check passes (`scripts/format-check.py`) ## Composition - For format, caption, and signature block: `tn-statewide-format` - For the supporting affidavit: `tn-draft-declaration` - For the proposed order: `tn-draft-order` - For setting the hearing: `tn-draft-note`, `tn-schedule-hearing` - For the venue overlay: `tn-davidson`, `tn-shelby`, `tn-knox`, `tn-hamilton`, `tn-county-courts`, `tn-general-sessions` - For pre-filing QC: `tn-quality-check`, `tn-fact-check` - For deadline math: `tn-deadlines` - For pro se conventions: `tn-pro-se` ## References - `references/motion-template.md` — annotated motion + memorandum template - `references/rule-56-rye-standard.md` — *Rye* summary-judgment standard - `references/argument-structure.md` — pro-se drafting framework applied