“Motions to compel have been called both ‘the usual remedy’ and a ‘predicate’ to seeking stiffer penalties for non-production.” (Kuehne Nagel v. Preston, No. M1998-00983-COA-R3-CV, at *1 n.4 [Tenn. Ct. App. June 27, 2002] citing 1 Laurence A. Pivnick, Tennessee Circuit Court Practice § 18-12 [2002].)
“Motions to compel should be made in the court where the action is pending and can be used to obtain relief against a recalcitrant litigant who fails to answer an interrogatory question or refuses to produce a requested document.” (Id., citing Tenn. R. Civ. P. 37.01(2).)
The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(Tenn. R. Civ. P. 7.02.)
“Tennessee Rule of Civil Procedure 26.02 allows for the discovery of ‘any matter, not privileged, which is relevant to the subject matter involved in the pending action.... It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.’” (Patton v. Pearson, No. M2022-00708-COA-R3-CV, at *10 [Tenn. Ct. App. June 5, 2023] quoting Tenn. R. Civ. P. 26.02(1).)
Note that “[t]he local rules of the circuit courts for Knox County state:‘All Motions to compel discovery will be accompanied by a proposed Order which will be ... entered ten (10) calendar days after filing unless the adverse party requests in writing a hearing prior to the expiration of the ten day period.’” (Walls v. Conner, No. E2007-01917-COA-R3-CV, at *6 [Tenn. Ct. App. Oct. 27, 2008].)
“For an order compelling a discovery response to be valid under Rule 26.02, the matters sought must be:
(Patton v. Pearson, No. M2022-00708-COA-R3-CV, at *10 [Tenn. Ct. App. June 5, 2023] citing West v. Schofield, 460 S.W.3d 113, at 121 [Tenn. 2015].)
“Relevancy has been quite broadly construed to include ‘any matter that bears on, or that reasonably could lead to other matters that could bear on any of the case’s issues.’” (State ex rel. Flowers v. Tennessee Trucking Ass’n Self Ins. Grp. Tr., 209 S.W.3d 602, 615 [Tenn. Ct. App. 2006] citing Price v. Mercury Supply Co., 682 S.W.2d 924, 935 [Tenn. Ct. App. 1984].) “Evidence is relevant if there is ‘some probative value as to the subject matter involved in the pending action.’” West, supra, 460 S.W.3d at 125.)
“The applicable standard of review for pretrial discovery decisions is abuse of discretion.” (West v. Schofield, 460 S.W.3d 113, 120 [Tenn. 2015] citing Benton v. Snyder, 825 S.W.2d 409, 416 [Tenn.1992].) “An abuse of discretion occurs when the trial court applies incorrect legal standards, reaches an illogical conclusion, bases its decision on a clearly erroneous assessment of the evidence, or employs reasoning that causes an injustice to the complaining party.” (West, id., citing State v. Banks, 271 S.W.3d 90, 116 [Tenn.2008].)
“Trial courts have discretionary authority to determine whether the request for an examination is reasonable, due to the many and varied situations in which it can arise.” (Hubbard v. Sherman-Dixie Concr., No. E2010-02219-WC-R3-WC, at *5 [Tenn. Oct. 18, 2011] citing Tibbals Flooring Co. v. Marcum, 404 S.W.2d 498, 500 [Tenn. 1966].)
“The ‘requests’ that are important for the purpose of this appeal are the six interrogatories and one document request. They are ‘calculated to lead to the discovery of admissible evidence’ and appear imminently reasonable.” (Gong v. Poynter, No. M2009-00811-COA-R3-CV, at *7 [Tenn. Ct. App. Jan. 28, 2010] citing Tenn. R. Civ. P. 26.02(1).) “The motion that is important for purposes of this appeal is the motion to compel. In holding that the trial court did not abuse its discretion in dismissing the case, we also meant that the trial court did not abuse its discretion in granting the motion to compel.” (Id.)
“Where such a motion [to compel discovery] is granted, the courts may require the party who necessitated the motion to pay the prevailing side's reasonable expenses in pursuing the motion.” (Kuehne Nagel v. Preston, No. M1998-00983-COA-R3-CV, at *1 n.4 [Tenn. Ct. App. June 27, 2002] citing Tenn. R. Civ. P. 37.01(4); American Steinwinter Investor Group v. American Steinwinter, Inc., 964 S.W.2d 569, 573-74 [Tenn.Ct.App. 1997].)
May 03, 2024
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
May 03, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
D - Complaint for Damages
Torts
General Torts
Apr 10, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
BC - Breach of Contract
Commercial
Breach of Contract
Mar 27, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Mar 12, 2024
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Mar 07, 2024
BONDS - Bonds
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Mar 06, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
RF - Real Estate Matter
Probate
Estate Administration
Feb 29, 2024
BONDS - Bonds
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Feb 22, 2024
BONDS - Bonds
Shelby County
Shelby County, TN
BC - Breach of Contract
Commercial
Breach of Contract
Feb 15, 2024
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Feb 12, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
DV - Divorce
Family
Divorce,Separation
Feb 12, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
DV - Divorce
Family
Divorce,Separation
Feb 09, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
BC - Breach of Contract
Commercial
Breach of Contract
Feb 08, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
RF - Real Estate Matter
Probate
Estate Administration
Feb 07, 2024
BONDS - Bonds
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Feb 06, 2024
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
JR - Pet/Judicial Review
Jan 26, 2024
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
AB - Arbitration
Arbitration
General Arbitration
Jan 12, 2024
INITIAL - Initial case filing
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Jan 08, 2024
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Dec 27, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Dec 22, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Dec 20, 2023
INITIAL - Initial case filing
Shelby County
Shelby County, TN
MC - Miscellaneous (T)
Dec 13, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Dec 03, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
CE - Writ of Certiorari
Dec 01, 2023
ATISSUE - CASE AT ISSUE
Shelby County
Shelby County, TN
CL - CERTIORARI - LOWER CT APL
Nov 30, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Nov 21, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
AG - APPEAL FR GENERAL SESSIONS CT
Nov 14, 2023
BONDS - Bonds
Shelby County
Shelby County, TN
QT - Pet/Quiet Title/Remove Cloud
Property
Quiet Title
Nov 07, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
Nov 01, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Oct 30, 2023
BONDS - Bonds
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Oct 27, 2023
Dismissal
Shelby County
Shelby County, TN
EJ - Pet/Enroll Foreign Judgment
Creditor
Judgment Enforcement
Oct 10, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Oct 04, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Oct 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Sep 27, 2023
BONDS - Bonds
Shelby County
Shelby County, TN
QT - Pet/Quiet Title/Remove Cloud
Property
Quiet Title
Sep 15, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Sep 05, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Sep 05, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Sep 05, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 25, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
I - Interpleader
Aug 25, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Aug 15, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Aug 09, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Aug 08, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Aug 04, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Jul 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jul 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 27, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
IR - Pet/Injunctive Relief
Jul 26, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Jul 26, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 25, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Jul 20, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 18, 2023
Appealed
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jul 14, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 12, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jul 11, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jun 29, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Jun 20, 2023
Dismissal
Shelby County
Shelby County, TN
Jun 16, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jun 09, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
TT - TORT
Jun 06, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
BC - Breach of Contract
Commercial
Breach of Contract
Jun 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
May 31, 2023
Dismissal
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
May 26, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
May 22, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
May 16, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
May 05, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
May 03, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
May 03, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
May 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
MP - HEALTHCARE LIABILITY
May 02, 2023
ATISSUE - CASE AT ISSUE
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Apr 27, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
QT - Pet/Quiet Title/Remove Cloud
Property
Quiet Title
Apr 20, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Apr 10, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Mar 30, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Mar 30, 2023
ATISSUE - CASE AT ISSUE
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Mar 24, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
PI - PERSONAL INJURY
Torts
Personal Injury
Mar 22, 2023
Dismissal
Shelby County
Shelby County, TN
Mar 20, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
D - Complaint for Damages
Torts
General Torts
Mar 19, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
D - Complaint for Damages
Torts
General Torts
Mar 16, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Mar 07, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Mar 06, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Mar 02, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Mar 01, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Feb 28, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Feb 27, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Feb 17, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Feb 16, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
Feb 13, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
BC - Breach of Contract
Commercial
Breach of Contract
Feb 07, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DJ - Comp/Declaratory Judgment
Feb 06, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jan 31, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
Jan 26, 2023
GSA - GENERAL SESSIONS APPEAL
Shelby County
Shelby County, TN
BC - BREACH OF CONTRACT
Commercial
Breach of Contract
Jan 25, 2023
ATISSUE - CASE AT ISSUE
Shelby County
Shelby County, TN
DV - DIVORCE
Family
Divorce,Separation
Jan 25, 2023
ATISSUE - CASE AT ISSUE
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
Jan 17, 2023
EXECUTIONS - Service executions
Shelby County
Shelby County, TN
DC - Divorces with Children
Family
Divorce,Separation
Jan 17, 2023
INITIATE - INITIAL FILING
Shelby County
Shelby County, TN
DC - DIVORCE WITH CHILDREN
Family
Divorce,Separation
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