One of the battles in the preparation of scheduling orders is the deadlines for disclosure of expert witnesses. The defense always wants the plaintiff to go first, and wants an additional 30 or 60 or even 90 days to disclose its experts. Sometimes, the defense wants to depose the plaintiff’s experts before…
Did you that our appellate courts had forms to help guide you through the appellate court process? This page at the Administrative Office of the Courts website has various forms relevant at different stages of the appellate process, inlcuding a sample brief cover page, a motion for extension of time,…
This is a brief in response to a defendant’s motion in limine to exclude the expert witness testimony of an economist. The economist was disclosed in a wrongful death case arising out of the drowning of a three-year-old boy. The economist is expected to testify about the present value of…
A pre-trial brief takes a lot of effort, but it can really set the stage for success before you walk into the courtroom – particularly in a bench trial. Preparing for trial is exhausting enough, so it’s tempting to put the pre-trial brief on the backburner. Don’t. Give the court…
Requests for Admissions under Tenn. R. Civ. P. 36 must be responded to within 30 days. If your opponent fails to respond to a request for admission, technically the facts are deemed admitted. To rely on the admission, however, Tennessee Dept. of Human Servs. v. Barbee, 714 S.W.2d 263 (Tenn.…
Here is a complaint for filing suit in a car wreck case against a John Doe driver. The complaint references Tenn. Code Ann. sec. 56-7-1201(e), which outlines the requirements for recovering from uninsured motorist coverage. Also look to sec. 56-7-1206, which describes how to serve process on a John Doe…
While investigating a potential case, you may find that a possible defendant has a piece of evidence you want. This is a letter requesting the potential defendant preserve the evidence and make it available for inspection. If the defendant refuses to let you view the evidence – or outright destroys…
Wrongful death cases are a unique breed, and the damages recoverable in a wrongful death case deserve special attention. Through the Tennessee Supreme Court’s holding in Jordan v. Baptist Three Rivers Hospital, 984 S.W.2d 593 (Tenn. 1999), the jury is allowed to consider the human losses suffered by the victim’s…
In some cases, a personal injury plaintiff will have medical records that merit extra protection against needless disclosure. A prime example: psychological counseling records. This simple agreed protective order can allow the defendants to discover the plaintiff’s mental health records, consult with experts in evaluating the records, and use the…
FRCP 26 disclosures are due so early in litigation, it only makes sense to have a form ready. This is a fill-in-the-blank form for a personal injury plaintiff’s FRCP 26 disclosures. Download file