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Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter
Comin' Through The Rye: A Requiem For The Tennessee Summary Judgment Standard, Matthew Lyon, Judy M. Cornett, T. Mitchell Panter
Matthew Lyon
What must a defendant do to be granted summary judgment in
Tennessee? This question has given rise to a long, hotly contested
battle over the proper role of summary judgment and, ultimately,
who should bear the burden of producing evidence and when. The
evolution of Tennessee’s summary judgment standard—from the
adoption of the Tennessee Rules of Civil Procedure in 1971 to the
Tennessee Supreme Court’s most recent interpretation of Rule 56 in
2015—is a story of competing visions of the benefits and burdens
associated with civil litigation. How much time should an aggrieved
party have to marshal evidence in support …