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Full-Text Articles in Civil Procedure
Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon
Conformity And The Rules Of Civil Procedure: Lessons From Tennessee, Matthew Lyon
Matthew Lyon
Pennsylvania's judges and lawyers are considering whether to
make changes to their complicated system of conflicting local civil
rules, which has its vestiges in the scheme that existed prior to the
adoption of the 1968 Pennsylvania Constitution and its complete
revisions to Article V.1 At the heart of this debate is the question of
whether conformity between the rules of civil procedure at the
different levels of our federalist system—local, state, and federal—
is desirable. In deciding whether a change is necessary to the local
rules in the commonwealth, decision makers in the Keystone State
should seek guidance from other …
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 …