Tennessee Motion for Summary Judgment
Tennessee requires 30 days' notice before the hearing, but gives the nonmoving party only 5 days before the hearing to file opposing affidavits and respond to the movant's statement of facts, under Tennessee Rule of Civil Procedure 56 and the burden-shifting standard in Tenn. Code Ann. section 20-16-101.
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Introduction
In Tennessee, a party seeking to recover on a claim, counterclaim, or cross-claim, or to obtain a declaratory judgment, may move for summary judgment at any time after 30 days from the commencement of the action, or after the adverse party has served its own motion for summary judgment; a defending party may move for summary judgment at any time, with no waiting period (Tenn. R. Civ. P. 56.01, 56.02). Rule 56 itself sets no statewide filing or hearing cutoff before trial. The motion must be served at least 30 days before the date fixed for the hearing (Tenn. R. Civ. P. 56.04). The rule does not say calendar or court days, but Tenn. R. Civ. P. 6.01 counts every day, including intermediate Saturdays, Sundays, and legal holidays, for a period of 11 days or more, so the 30 days are functionally calendar days. The adverse party's window to respond is short: opposing affidavits, and a response to each fact set forth in the movant's statement, must be served and filed not later than 5 days before the hearing (Tenn. R. Civ. P. 56.03, 56.04). The rule does not say calendar or court days, and Tenn. R. Civ. P. 6.01 counts intermediate Saturdays, Sundays, and legal holidays only for periods of 11 days or more, so check Rule 6.01 before counting the 5 days. Rule 56 sets no separate statewide deadline for a reply brief; a movant may only respond, in the same manner and form, to new facts the nonmoving party has asserted (Tenn. R. Civ. P. 56.03). Judgment is rendered if the record shows there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law (Tenn. R. Civ. P. 56.04). For a movant who does not bear the burden of proof at trial, Tenn. Code Ann. section 20-16-101, effective July 1, 2011 and applicable to actions filed on or after that date, supplies the governing test: the movant prevails by either submitting affirmative evidence that negates an essential element of the nonmoving party's claim, or showing that the nonmoving party's evidence is insufficient to establish an essential element. This statute legislatively overruled Hannan v. Alltel Publishing Co., in which the Tennessee Supreme Court had rejected the federal Celotex standard and required more of a movant than section 20-16-101 now does; Rule 56's own timing and procedure provisions were left unchanged. Every motion for summary judgment must be accompanied by a separate concise statement of the material facts the movant contends are undisputed, with each fact in its own numbered paragraph and a specific citation to the record (Tenn. R. Civ. P. 56.03). The nonmoving party may respond fact by fact, agreeing, agreeing only for purposes of the motion, or disputing, and may also file its own statement of additional disputed facts (Tenn. R. Civ. P. 56.03). The trial court's order must state the legal grounds on which it grants or denies the motion (Tenn. R. Civ. P. 56.04). Partial summary judgment is not a separate motion or procedure in Tennessee: Rule 56.01 and 56.02 already allow a motion on all or any part of a claim, and Rule 56.04 confirms that judgment may be rendered on liability alone even if the amount of damages remains disputed. Both the movant and the party who was served need to track these dates, since the 5-day response window is short and easy to miss. Summary judgment is technical and is often lost on procedure rather than the merits, and a motion is not automatically granted just because the other side does not respond; the court must still find no genuine issue of material fact. Attorney review is available before filing or responding. This page covers a civil motion for summary judgment in Tennessee state trial court. It does not cover a motion to dismiss or a motion to set aside a default judgment, which DocDraft covers on separate pages, and it does not cover federal court, where a motion for summary judgment follows Federal Rule of Civil Procedure 56 instead of this state rule.
Key Things to Know
- 1
The movant must serve the motion at least 30 days before the hearing (functionally calendar days under Tenn. R. Civ. P. 6.01), but the nonmoving party's window is only 5 days before the hearing for opposing affidavits and a response to the movant's statement of facts, and Rule 56 sets no separate statewide reply deadline (Tenn. R. Civ. P. 56.03, 56.04).
- 2
If you were served with a Tennessee motion for summary judgment, your opposing affidavits and your response to each fact in the movant's statement are due not later than 5 days before the hearing date, so calculate it as soon as you are served (Tenn. R. Civ. P. 56.03, 56.04). The rule does not say calendar or court days, and Tenn. R. Civ. P. 6.01 counts intermediate Saturdays, Sundays, and legal holidays only for periods of 11 days or more, so check Rule 6.01 before counting the 5 days.
- 3
A Tennessee motion for summary judgment is not automatically granted just because the other side does not respond. The court must still find there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law (Tenn. R. Civ. P. 56.04).
- 4
Effective July 1, 2011, Tenn. Code Ann. section 20-16-101 legislatively overruled Hannan v. Alltel Publishing Co. and restored a Celotex-like burden-shifting test for a movant who does not bear the burden of proof at trial; the statute applies only to actions filed on or after that date, and Rule 56's own timing provisions were left unchanged.
- 5
Every motion must be accompanied by a separate concise statement of the material facts the movant contends are undisputed, with each fact in its own numbered paragraph and a specific citation to the record (Tenn. R. Civ. P. 56.03).
- 6
A claiming party may move for summary judgment any time after 30 days from the commencement of the action, or after the adverse party serves its own motion; a defending party may move at any time. Rule 56 itself sets no statewide filing or hearing cutoff before trial (Tenn. R. Civ. P. 56.01, 56.02).
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Partial summary judgment is not a separate motion in Tennessee: the ordinary motion already reaches all or part of a claim, including liability alone. This page does not cover a motion to dismiss, a motion to set aside a default judgment, or a federal court motion, which follows Federal Rule of Civil Procedure 56 instead.
Key decisions before you file
Before you file a Motion for Summary Judgment in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Motion for Summary Judgment guide walks through them.
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Tennessee Requirements for Motion for Summary Judgment
30-Day Notice Before the Hearing
The motion for summary judgment must be served at least 30 days before the date fixed for the hearing (Tenn. R. Civ. P. 56.04). The rule does not say calendar or court days, but Tenn. R. Civ. P. 6.01 counts every day, including intermediate Saturdays, Sundays, and legal holidays, for a period of 11 days or more, so the 30 days are functionally calendar days.
5-Day Deadline for Opposing Affidavits and Fact Responses
The adverse party must serve and file opposing affidavits, and a response to each fact set forth in the movant's statement of material facts, not later than 5 days before the hearing (Tenn. R. Civ. P. 56.03, 56.04). The rule does not say calendar or court days, and Tenn. R. Civ. P. 6.01 counts intermediate Saturdays, Sundays, and legal holidays only for periods of 11 days or more, so check Rule 6.01 before counting the 5 days.
No Statewide Reply Deadline
Rule 56 sets no separate statewide deadline for a general reply brief; a movant may respond, in the same manner and form, only to new facts the nonmoving party has asserted (Tenn. R. Civ. P. 56.03).
Earliest Filing: 30 Days After Commencement for a Claiming Party
A claiming party may move for summary judgment any time after 30 days from the commencement of the action, or after the adverse party serves its own motion for summary judgment; a defending party may move at any time (Tenn. R. Civ. P. 56.01, 56.02).
No Statewide Filing or Hearing Cutoff Before Trial
Rule 56 sets no statewide filing or hearing cutoff before trial (Tenn. R. Civ. P. 56.01, 56.02).
Burden-Shifting Standard Under Tenn. Code Ann. Section 20-16-101
Effective July 1, 2011 and applicable to actions filed on or after that date, a movant who does not bear the burden of proof at trial prevails by submitting affirmative evidence negating an essential element of the nonmoving party's claim, or by showing the nonmoving party's evidence is insufficient to establish an essential element.
Separate Concise Statement of Material Facts Required
Every motion for summary judgment must be accompanied by a separate concise statement of the material facts the movant contends are undisputed, with each fact in its own numbered paragraph supported by a specific citation to the record (Tenn. R. Civ. P. 56.03).
Written Order Must State the Legal Grounds
The trial court's order must state the legal grounds on which it grants or denies the motion for summary judgment (Tenn. R. Civ. P. 56.04).
Partial Summary Judgment Built Into the Ordinary Motion
Rule 56.01 and 56.02 already let a party move for summary judgment on all or any part of a claim, and Rule 56.04 confirms judgment may be rendered on liability alone even while the amount of damages remains disputed, without a separate motion or procedure.