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Rule 47 Motions

X. General Provisions

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Rule Text

(a) In General. A party applying to the court for an order shall do so by motion.

(b) Form of Motion. A motion–except one made during a trial or hearing–shall be in writing unless the court permits it to be made orally.

(1) with particularity the grounds on which it is made; and

(2) the relief or order sought.

(d) Affidavit. A motion may be supported by affidavit.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

If you want to ask the court to do something in a criminal case, you have to file a motion. A motion is just a formal request asking the judge for an order or a decision on something. Anytime someone wants the court to act, this is the proper way to make that request.

Most motions need to be in writing. The only time you can skip this is if the motion comes up during a trial or hearing, or if the judge gives permission to make the request out loud instead.

Whether written or spoken, the motion has to clearly explain two things: why you're asking for this (the specific reasons or legal grounds) and exactly what you want the court to do about it. You can't just say the other side did something wrong. You need to spell out the details and state the outcome you're asking for.

Finally, you're allowed to back up your motion with an affidavit. This is a written statement, signed under oath, that supports the facts behind your request. It's not required, but it can help show the court why your motion should be granted.

Committee Notes

Advisory Commission Comments.

The lack of particularity in criminal motions, especially those filed pretrial, has been a source of complaint by appellate courts which have imposed a practical requirement of some specificity. See State v. Davidson, 606 S.W.2d 293 (Tenn. Crim. App. 1980). Rule 47(c)(1) therefore adds the word "particularity" to the required content of any motion. This is essentially the requirement of motions in civil practice. See Rule 7.02(1), Tenn. R. Civ. P.

Advisory Commission Comments [2012].

Effective July 1, 2012, the Supreme Court adopted Tenn. Sup. Ct. R. 10B, governing motions seeking disqualification or recusal of a judge. Section 1 of Rule 10B provides a procedural framework for determining when the judge of a court of record should not preside over the case. In summary, Section 1 provides for the filing of a motion for disqualification or recusal and also provides for the judge’s prompt ruling on the motion. Section 2 of Rule 10B governs appeals from the denial of such motions, and it provides that such appeals may be effected either by filing an interlocutory appeal as of right authorized by the rule or by raising the disqualification or recusal issue in an appeal as of right at the conclusion of the case. Under Section 2.01, those two methods of appeal are “the exclusive methods for seeking appellate review of any issue concerning the trial court’s ruling on a motion filed pursuant to this Rule.” (Emphasis added.) As a result, “neither Tenn. R. App. P. 9 nor Tenn. R. App. P. 10 may be used to seek an interlocutory or extraordinary appeal by permission concerning the judge’s ruling on such a motion.” Tenn. Sup. Ct. R. 10B, Explanatory Comment to Section 2.

Attorneys or self-represented litigants should consult Tenn. Sup. Ct. R. 10B concerning the procedure for filing motions seeking the disqualification or recusal of a judge and for appealing from a denial of such a motion.