Section 0800-02-21-.18 - MOTIONS(1) Except as otherwise provided in these rules, any party may file a dispositive motion in accordance with the Tennessee Rules of Civil Procedure.(a) The moving party must provide any non-moving, self-represented party with a copy of the rule or statute on which the dispositive motion is based and must state any deadline and/or requirement to respond.(b) The Court of Workers' Compensation Claims will not entertain a motion for summary judgment until after a judge issues a scheduling order.(c) It is the responsibility of the moving party or their attorney to contact the judge's staff to obtain a hearing date for the dispositive motion. The motion shall not be heard until thirty (30) days after its filing date. The moving party shall write the date on the motion in bold print as follows: THIS MOTION WILL BE HEARD ON ____, 20 ___, AT ____A.M./P.M. Failure to obtain a hearing in a timely manner may be construed as an abandonment of the motion.(d) If a dispositive motion is opposed, a written response to the motion must be filed and served on all parties or their counsel no later than five (5) business days before the motion hearing. The response must state with particularity the grounds for opposition. If no opposition is filed, the dispositive motion will be considered unopposed. The judge may without the need for an affidavit from the non-moving party grant additional, reasonable time for the non-moving party to respond, obtain affidavits, engage in discovery, or take depositions.(2) Any party may file a non-dispositive motion in accordance with the Tennessee Rules of Civil Procedure. (a) All non-dispositive motions will be decided on the written materials unless the judge determines a hearing is appropriate.(b) If a non-dispositive motion is opposed, a written response to the non-dispositive motion must be filed and served on all parties or their counsel on or before five (5) business days after the filing of the non-dispositive motion. The response must state with particularity the grounds for the opposition. If no opposition is filed, the motion will be considered unopposed.(3) Additional Parties. (a) At any time after a petition for benefit determination has been filed AND a docket number has been assigned, any party to the petition for benefit determination that determines it is necessary to add an additional party, including the Subsequent Injury Fund, must file a motion to add the additional party citing the reasons in support of adding the additional party and certifying a copy of the motion is served on all parties, including the party to be added, to that party's authorized representative.(b) If the motion is granted by the court, the case will be remanded to mediation.(4) Any party seeking disqualification or recusal of a judge must do so by timely filing a written motion. The motion must be supported by an affidavit under oath or a T.R.C.P. Rule 72 declaration on personal knowledge and by other appropriate materials. The motion must state with specificity all factual and legal grounds supporting disqualification of the judge and must affirmatively state that it is not being presented for improper purpose, such as to harass or to cause unnecessary delay or increase in the cost of litigation. The motions must be timely filed so as not to delay an expedited hearing and/or compensation hearing. While the motion is pending, the judge will make no further orders and take no further action on the case, except for good cause stated in the order in which the action is taken.(5) The judge will prepare and issue an order reflecting the decision unless otherwise ordered. All parties or their counsel must sign an agreed order before submitting the order to the judge for approval. An attorney must not sign a self-represented litigant's name "by permission."Tenn. Comp. R. & Regs. 0800-02-21-.18
Original rule filed April 1, 2014; effective June 30, 2014. Amendments filed September 1, 2016; effective November 30, 2016. Repeal and new rules filed May 3, 2019; effective August 1, 2019. Amendments filed November 10, 2021; effective February 8, 2022. Amendments filed September 22, 2023; effective 12/21/2023.Authority: T.C.A. §§ 4-3-1409, 50-6-101, 50-6-217, 50-6-233, 50-6-236, 50-6-237, 50-6-238, and 50-6-239; and Public Chapter 289 (2013), Sections 73, 82, and 106.