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Rule 22 Motions

E. Practice on Appeal

(a) Content of Motion; Response. Unless another form is elsewhere prescribed by these rules, an application for an order, unless made during a hearing, shall be made by filing a written motion for such order or relief with proof of service on all other parties. The motion shall contain or be accompanied by any matter required by the specific provisions of these rules governing such a motion and the papers, if any, on which it is based. The motion shall state the grounds on which it is based, the order or other relief requested, and any legal argument necessary to support the motion. A separate brief or memorandum of law supporting a motion need not be filed. If a motion is based on factual matters not appearing of record, the motion shall be accompanied by an affidavit, an unsworn declaration made under penalty of perjury and in the form specified in Tenn. R. Civ. P. 72, or other supporting evidence. Any affidavit or declaration must contain only factual information, not legal argument. Any showing in opposition to a motion, other than a procedural motion, shall be served and filed within 10 days after the motion is filed. The court may shorten or extend the time for responding to any motion.

(b) Motions for Procedural Orders. Notwithstanding the provisions of (a) of this Rule 22 as to motions generally, motion for procedural orders, including any motion under Rule 21(b), may be acted upon at any time, without awaiting a response. The motion shall contain a statement concerning efforts to contact adverse counsel and shall reflect whether there is opposition to the motion. Any party adversely affected by such action may by application to the court request consideration, vacation or modification of such action. Pursuant to rule or order of the courts, motions for specified types of procedural orders may be disposed of by the clerk.

(c) Disposition of Motions. On request of a party or on its own motion, the appellate court may place any motion on the calendar for hearing or the court may otherwise dispose of the motion as it may determine. When a motion has been placed on the calendar for hearing, the clerk shall notify each party of the date and the time designated for the hearing. Pursuant to rule or order of the court, motions for specified types of procedural orders may be disposed of by the clerk.

(d) Power of Single Judge to Entertain Motions. A single judge of the appellate court may entertain and may grant or deny any request for relief that under these rules may be sought by motion, except that a single judge may not dismiss or otherwise finally dispose of an appeal or other proceeding. The action of a single judge may be reviewed by the court.

(e) Form of Motions; Number of Copies. All papers relating to motions shall comply with the form prescribed in Rule 30. Two copies of the motion shall be filed, but the court may require that additional copies be furnished.

Amendment history: [As amended by order filed February 1, 1995, effective July 1, 1995; by order effective July 1, 1997; and by order filed January 13, 2012, effective July 1, 2012; by order filed June 30, 2025, effective July 1, 2025.]