Tennessee Motion for Relief From a Judgment

Q: How long do I have to file a motion to vacate a judgment in Tennessee?

Tenn. R. Civ. P. 60.02 says the motion shall be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise or excusable neglect and (2) fraud, misrepresentation or other misconduct, not more than one year after the judgment, order or proceeding was entered or taken. Void judgments under 60.02(3) are treated differently, as the next answer explains.

Q: Is there a deadline to challenge a void judgment in Tennessee?

The 2017 Advisory Commission Comment to Rule 60.02 quotes Turner v. Turner, 473 S.W.3d 257, 260 (Tenn. 2015): the reasonable time filing requirement of Rule 60.02 does not apply to petitions seeking relief from void judgments under Rule 60.02(3). But Turner also holds that relief from a void judgment should nevertheless be denied if the party seeking relief, after having had actual notice of the judgment, manifested an intention to treat the judgment as valid, and granting relief would impair another person's substantial interest of reliance on the judgment. The court still decides whether the judgment is void, so speak with a Tennessee lawyer and do not delay without reason.

Q: What are the grounds to vacate a judgment in Tennessee?

Rule 60.02 lists five: mistake, inadvertence, surprise or excusable neglect; fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; a void judgment; a judgment satisfied, released, discharged, based on a prior judgment reversed or otherwise vacated, or no longer equitable; and any other reason justifying relief. The court decides whether your facts fit.

Q: Does filing a motion to vacate stop collection of a Tennessee judgment?

Do not assume it does. Rule 60.02 says the motion does not affect the finality of a judgment or suspend its operation. The court may enter an order suspending the operation of the judgment upon such terms as to bond and notice as seem proper pending the hearing of the motion. Ask for that order in writing and be ready to post a bond.

Q: How do I vacate a Tennessee general sessions judgment?

The 2009 Advisory Commission Comment to Rule 60 says a modified Rule 60 procedure to obtain relief from a general sessions court judgment is available by statute, T.C.A. 16-15-727. Ask the general sessions court clerk for the deadline and filing steps under that statute before relying on the Rule 60.02 time limits.

Q: Can I file a separate lawsuit to set aside a Tennessee judgment?

Rule 60.02 says it does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order or proceeding, or to set aside a judgment for fraud upon the court. It also abolishes writs of error coram nobis, bills of review and bills in the nature of a bill of review. Speak with a Tennessee lawyer before choosing that route.

Q: How do I set aside a Tennessee default judgment?

Tenn. R. Civ. P. 55.02 says that for good cause shown the court may set aside a judgment by default in accordance with Rule 60.02. The default-specific steps are covered on the Tennessee set-aside-default page.

Q: Is there an official Tennessee form for a Rule 60.02 motion?

Ask the clerk of the court that entered the judgment whether a form, filing fee or local rule applies. Whatever format you use, name the Rule 60.02 reason, the date the judgment was entered and the supporting facts, and serve the other parties.

Rule 60.02: a reasonable time, and up to 1 year for mistake or fraud. Void judgments differ.

Find out where you stand in Tennessee

What kind of judgment do you want vacated?

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Introduction

Tennessee Rule 60.02: a reasonable time, and at most 1 year for mistake or fraud. Void judgments have no reasonable-time limit, but relief is denied if, after actual notice, you treated one as valid and relief would impair another's substantial reliance.

Key Things to Know

1
Tennessee's tool is a motion for relief under Tenn. R. Civ. P. 60.02: on motion and upon such terms as are just, the court may relieve a party from a final judgment, order or proceeding for the listed reasons. The court decides whether a reason is shown.
2
Rule 60.02 lists five reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (3) the judgment is void; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that a judgment should have prospective application; and (5) any other reason justifying relief from the operation of the judgment.
3
The motion must be made within a reasonable time, and for reasons (1) mistake, inadvertence, surprise or excusable neglect and (2) fraud, misrepresentation, or other misconduct of an adverse party, not more than one year after the judgment, order or proceeding was entered or taken. Reasons (4) and (5) are held to the reasonable-time standard.
4
Void judgments differ. The 2017 Advisory Commission Comment quotes Turner v. Turner, 473 S.W.3d 257, 260 (Tenn. 2015): the reasonable time filing requirement of Rule 60.02 does not apply to petitions seeking relief from void judgments under Rule 60.02(3). But Turner also holds that relief from a void judgment should nevertheless be denied if the party seeking relief, after having had actual notice of the judgment, manifested an intention to treat the judgment as valid, and granting relief would impair another person's substantial interest of reliance on the judgment.
5
A Rule 60.02 motion does not affect the finality of a judgment or suspend its operation, so filing does not by itself stop enforcement. The court may enter an order suspending the operation of the judgment upon such terms as to bond and notice as seem proper pending the hearing. Ask for that order in writing.
6
General sessions court: the 2009 Advisory Commission Comment says a modified Rule 60 procedure to obtain relief from a general sessions court judgment is available by statute, T.C.A. 16-15-727. Ask the general sessions clerk for that statute's deadline, and do not assume the Rule 60.02 limits carry over.
7
Rule 60.02 does not limit an independent action to relieve a party from a judgment or setting aside a judgment for fraud upon the court, and it abolishes writs of error coram nobis and bills of review. Under Tenn. R. Civ. P. 55.02, a default judgment may be set aside for good cause in accordance with Rule 60.02; also see /legal-document/set-aside-default/tennessee.

Key decisions before you file

Before you file a Motion to Vacate in Tennessee, a few decisions shape the document: which option to choose and what each one means. The Motion to Vacate guide walks through them.

Open the Motion to Vacate guide

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IN THE [CIRCUIT OR CHANCERY] COURT FOR [COUNTY NAME] COUNTY, TENNESSEE

[PLAINTIFF NAME], Plaintiff, v. No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

MOTION FOR RELIEF FROM JUDGMENT (Tenn. R. Civ. P. 60.02)

[MOVANT NAME], the [PLAINTIFF OR DEFENDANT], moves the Court under Rule 60.02 of the Tennessee Rules of Civil Procedure to relieve the movant from the final judgment, order or proceeding described below, upon such terms as are just, and states:

THE JUDGMENT On [DATE JUDGMENT ENTERED], the Court entered [JUDGMENT OR ORDER] against the movant in favor of [OPPOSING PARTY NAME] for $[AMOUNT] or granting [OTHER RELIEF ORDERED]. The movant received notice of it on [DATE OF NOTICE OR SERVICE].
GROUNDS [IF GROUND (1): Rule 60.02(1), mistake, inadvertence, surprise or excusable neglect: [FACTS].] [IF GROUND (2): Rule 60.02(2), fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party: [FACTS].] [IF GROUND (3): Rule 60.02(3), the judgment is void because [FACTS].] [IF GROUND (4): Rule 60.02(4), the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that a judgment should have prospective application: [FACTS].] [IF GROUND (5): Rule 60.02(5), any other reason justifying relief from the operation of the judgment: [FACTS].]
TIMELINESS [IF GROUND (1) OR (2): This motion is made within a reasonable time and not more than one year after the judgment, order or proceeding was entered or taken on [DATE JUDGMENT ENTERED].] [IF GROUND (3): The movant seeks relief from a void judgment under Rule 60.02(3). As quoted in the 2017 Advisory Commission Comment, the reasonable time filing requirement of Rule 60.02 does not apply to petitions seeking relief from void judgments under Rule 60.02(3). Turner v. Turner, 473 S.W.3d 257, 260 (Tenn. 2015). Turner also holds that relief should nevertheless be denied if the party seeking relief, after having had actual notice of the judgment, manifested an intention to treat the judgment as valid, and granting relief would impair another person's substantial interest of reliance on the judgment. Those circumstances do not both exist here because [FACTS ON NOTICE, CONDUCT AFTER NOTICE, AND ANY RELIANCE BY OTHERS].] [IF GROUND (4) OR (5): This motion is made within a reasonable time because [REASONS FOR TIMING].]
SUSPENSION PENDING HEARING [IF APPLICABLE: The movant asks the Court to enter an order suspending the operation of the judgment, upon such terms as to bond and notice as seem proper, pending the hearing of this motion. The movant offers [BOND OR SECURITY OFFERED].]

WHEREFORE, the movant asks the Court to: (a) relieve the movant from the judgment entered on [DATE JUDGMENT ENTERED]; (b) [IF APPLICABLE: suspend the operation of the judgment pending the hearing]; (c) set this motion for hearing on notice to all parties; and (d) grant such other relief as is just.

Respectfully submitted,

[MOVANT SIGNATURE] [MOVANT PRINTED NAME] [MOVANT ADDRESS] [MOVANT PHONE AND EMAIL] [IF APPLICABLE: BAR NUMBER] [DATE SIGNED]

CERTIFICATE OF SERVICE I certify that on [DATE OF SERVICE] I served a copy of this motion on [NAME OF EACH PARTY OR ATTORNEY SERVED] by [METHOD OF SERVICE] at [ADDRESS OR EMAIL USED].

[MOVANT SIGNATURE]

Tennessee Requirements for Motion to Vacate

Rule 60.02 Motion
Tenn. R. Civ. P. 60.02: on motion and upon such terms as are just, the court may relieve a party or the party's legal representative from a final judgment, order or proceeding for the listed reasons.
Five Listed Reasons
Rule 60.02(1)-(5): mistake, inadvertence, surprise or excusable neglect; fraud (intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; void judgment; satisfied, released, discharged, prior judgment reversed or otherwise vacated, or no longer equitable; any other reason justifying relief.
One-Year Limit for (1) and (2)
Rule 60.02: within a reasonable time, and for reasons (1) mistake or excusable neglect and (2) fraud or other misconduct of an adverse party, not more than one year after the judgment, order or proceeding was entered or taken.
Void Judgments
2017 Advisory Commission Comment, quoting Turner v. Turner, 473 S.W.3d 257, 260 (Tenn. 2015): the reasonable time filing requirement does not apply to petitions seeking relief from void judgments under Rule 60.02(3). Relief should nevertheless be denied if the party, after actual notice, manifested an intention to treat the judgment as valid and granting relief would impair another person's substantial interest of reliance on the judgment.
Suspension on Bond and Notice
Rule 60.02: the motion does not affect finality or suspend operation, but the court may enter an order suspending the operation of the judgment upon terms as to bond and notice pending the hearing.
General Sessions Procedure
2009 Advisory Commission Comment: a modified Rule 60 procedure for relief from a general sessions court judgment is available by statute, T.C.A. 16-15-727.
Independent Action and Defaults
Rule 60.02 does not limit an independent action or setting aside for fraud upon the court; coram nobis and bills of review are abolished. Rule 55.02: a default judgment may be set aside for good cause in accordance with Rule 60.02.
Reason and Timeliness Statement
Name the Rule 60.02 reason relied on, the facts supporting it, the date the judgment was entered, and why the motion is within a reasonable time and, for mistake or fraud (reasons (1)-(2)), within one year, or attacks a void judgment.

Frequently Asked Questions

How long do I have to file a motion to vacate a judgment in Tennessee?

Is there a deadline to challenge a void judgment in Tennessee?

What are the grounds to vacate a judgment in Tennessee?

Does filing a motion to vacate stop collection of a Tennessee judgment?

How do I vacate a Tennessee general sessions judgment?

Can I file a separate lawsuit to set aside a Tennessee judgment?

How do I set aside a Tennessee default judgment?

Is there an official Tennessee form for a Rule 60.02 motion?

Find out where you stand in Tennessee

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Vacate Template with DocDraft

Tennessee Requirements for Motion to Vacate

Rule 60.02 Motion

Five Listed Reasons

One-Year Limit for (1) and (2)

Void Judgments

Suspension on Bond and Notice

General Sessions Procedure

Independent Action and Defaults

Reason and Timeliness Statement

Frequently Asked Questions