A lawyer called me the other day and asked me if a lawyer’s communications with his or her private investigator are privileged under Tennessee law. The answer is "yes," as provided in T.C.A. § 24-1-209: Communication between an attorney and a private detective or investigator hired by such attorney, while acting…
Effective July 1, 2010 a party to a litigation may serve papers in Adobe PDF format via electronic mail to the attorney’s email address. The process is a little more cumbersome than it need be, but it is a step-forward toward increasing the efficiency of law practice and reducing cost.…
The judges in Shelby County have adopted new local rules of court. Here is a copy.
Yesterday I discussed a portion of the opinion S.C. Johnson and Son, Inc. v. Morris, Appeal No. 2008AP1647 (Wis. Ct. App. Div. II Dec. 2, 2009) concerning the assertion of the Fifth Amendment in civil litigation. I wanted to bring to your attention a footnote (Footnote 1) that addressed the failure…
The Ohio Court of Appeals has ruled that a trial judge committed error by ordering production of a personal injury plaintiff’s medical records without first doing an in camera review to determine if the records should have been turned over to the defendant. The opinion is interesting to Tennessee lawyers…
What do you do when a party to a lawsuit intentionally refuses to follow the rules? One judge in Washington State knew what to do: the judge struck the defendant’s answer, entered judgment for $8,000,000, and awarded attorneys’ fees. Last week the Washington Supreme Court had upheld the award. The…
Winning pre-trial motions means that you have to get relevant data before the Court in the right way. Following the right procedure is not only the way you win motions you should win but is also the way you create a record for a possible appeal. Rule 43.04 of…
Rule 7.02 of the Tennessee Rules of Civil Procedure governs motions. It is important for what it does not say. Here is the text of the rule: (1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be…
There are numerous differences in the state rules of civil procedure and the federal rules of civil procedure. For example, Tennessee Rule 8.03 is different than F.R.C.P. Rule 8(c) because it requires a defendant who pleads an affirmative defense to set forth facts that form the basis of the defense.…
The Tennessee Supreme Court has asked for public comment on proposed changes to the rules of procedure and evidence. The Order asking for public comment can be viewed here. I serve on the Court’s Advisory Commission on the Rules of Practice and Procedure and I am happy to report…