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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  J.D. degree, 15 years practice
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in Tennessee do the rules of rules of practice apply to general sessions court or general

Customer Question

in Tennessee do the rules of rules of practice apply to general sessions court or general sessions court appeals
Submitted: 2 years ago.
Category: Criminal Law
Expert:  dkennedy replied 2 years ago.

dkennedy :

Hello,

dkennedy :
dkennedy :

I would like to help you with this. Are you referring to the Rules of Crim. Procedure?


 

Customer:

No, this is a civil matter. I was the plaintiff, representing myself, and had a judgement ruled in my favor and the defendant, through his attorney, has appealed which goes to the circuit court. I know that the rules of giving answer to a claim and discovery do not apply in gen. sessions but was not sure if there were different rules once it is appealed, which takes it to circuit court.

Expert:  dkennedy replied 2 years ago.
Yes, the rules are totally different. In an appeal, there are no hearings or new evidence. No discovery, etc. The appellate court just reviews what happened in the lower court. However the briefs that have to be written, etc. are governed by a very specific set of rules. Here is the URL to those rules.

http://www.tncourts.gov/courts/court-rules/rules-appellate-procedure


Customer: replied 2 years ago.
I stopped by the court today and they explained that when a case is appealed from gen sessions it is as if the case has not been heard at all and everything starts over except for the claim and counterclaim remain the same. There is a hearing to determine timeline for discovery etc. That may be due to the fact that they have asked for a jury trial
Expert:  dkennedy replied 2 years ago.
Yes, I made a mistake. I was going on the rules of appeals, when I overlooked that you said an appeal from a general session, which in most states would be like a small claims court. It does go into a circuit court and heard by the trial court. The same rules of practice (civil procedure) apply. Please accept my apology for the mistake. If the circuit court is appealed, only then would the appellate rules apply.
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6003
Experience: J.D. degree, 15 years practice
dkennedy and 9 other Criminal Law Specialists are ready to help you
Expert:  dkennedy replied 2 years ago.
I want to thank you for the good rating, considering I did make an error at first. I just tried to answer too quickly. But I appreciate your understanding and I value you so much as one of my best customers!!

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