Day on Torts
The Eastern Section of our Court of Appeals has ruled that Rule 5A(4)(c) of the Tennessee Rules of Civil Procedure means what it says and that a party cannot fax file an affidavit opposing a motion for summary judgment .
Rule 5A (4)(c) says that “The following documents shall not be filed in the trial court by facsimile transmission: . . . (c) A will or codicil to a will; a bond; or any pleading or document requiring an official seal . . . .” Affidavits require a seal.
A technicality? Certainly. The rule? Certainly. Are you ever going to take the chance of filing an affidavit by fax just to argue to the Tennessee Supreme Court that a trial judge should not follow the rule? Nope.
The case is Wilson v. Schwind, No. E2007-00305-COA-R3-CV (Tenn. Ct. App. 12/28/07). Read the opinion here.