by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Certiorari to Trial Court. A defendant who seeks and is denied pre-trial diversion pursuant to T.C.A. ยง 40-15-105 may petition for a writ of certiorari to the trial court for an abuse of prosecutorial discretion.(b) Appeal.(1)Interlocutory Appeal. If the trial...
by admin | May 14, 2021 | Civil Procedure, Tennessee
A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.Tenn. R. Civ. P. 13.03
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a) Definition of an Appeal. An “appeal” refers to direct appellate review available as a matter of right, appeals in the nature of writs of error, and all other direct appeals in criminal cases(b) When an Appeal Lies. The defendant or the state may appeal...
by admin | May 14, 2021 | Civil Procedure, Tennessee
A pleading may state as a counterclaim any claim against an opposing party, whether or not arising out of the transaction or occurrence that is the subject matter of the opposing party’s claim.Tenn. R. Civ. P. 13.02
by admin | May 14, 2021 | Civil Procedure, Tennessee
A pleading shall state as a counterclaim any claim, other than a tort claim, which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing...
by admin | May 14, 2021 | Criminal Procedure, Tennessee
(a)(1) Either the defendant or the state may seek to correct an illegal sentence by filing a motion to correct an illegal sentence in the trial court in which the judgment of conviction was entered. Except for a motion filed by the state pursuant to subdivision (d) of...
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