Tennessee Code Annotated
Tenn. Code Ann. § 4-5-308 (2024)
Filing pleadings, briefs, motions, etc. - Service
✓ Justia copy: laws through about 2024 (2025 and 2026 sessions missing)
- (a) The administrative judge or hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file pleadings, motions, objections and offers of settlement.
- (b) The administrative judge or hearing officer, at appropriate stages of the proceedings, may give all parties full opportunity to file briefs, proposed findings of fact and conclusions of law, and proposed initial or final orders.
- (c) A party shall serve copies of any filed item on all parties, by mail or any other means prescribed by agency rule.
Acts 1982, ch. 874, § 46.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1985–2023 · leading case: Yokley v. State Bd. of Educ., 305 S.W.3d 523 (Tenn. Ct. App. 2009).
Yokley v. State Bd. of Educ., 305 S.W.3d 523 (Tenn. Ct. App. 2009). “In addition, the Uniform Administrative Procedures Act directs the ALJ to permit the parties to submit motions at appropriate stages in the proceedings, T.C.A. § 4-5-308(a) (2005), 2 and the Department of State rules allow parties in a contested case to seek “relief in the form…”
Robert B. Elliott v. Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-307(a), to file pleadings, motions, briefs, and proposed findings of fact and conclusions of law, Tenn.Code Ann. § 4-5-308(a) & (b), to request the administrative judge to issue subpoenas, Tenn.”
Vicki Baumgartner v. Tennessee Consol. Ret. Sys., No. M2017-01715-COA-R3-CV (Tenn. Ct. App. Oct. 3, 2018). “Shoffner, 2014 WL 7432123 , at *4 (citing Tenn. Code Ann. § 4-5-308 (a); Yokley v. State Bd.”
Jeremy R. Durham v. Tennessee Registry of Election Fin., 666 S.W.3d 459 (Tenn. Ct. App. 2022). “Durham argues that, by ignoring his “responsive pleading,” TREF violated Tennessee Code Annotated section 4-5-308(a), which provides: “The administrative judge or hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file…”
Tipton v. Henderson Cnty. Sheriff's Dep't, No. 1:22-cv-01162 (W.D. Tenn. May 26, 2023). “) On September 8, 2022, Tipton filed a motion: (1) for “a protective order against Henderson County Jail and Correctional Officer Corey 628 pursuant to T.C.A. §§ 4-5-308, 4-5-311, 39-13- 101(a)(1), and 39-13-101(a)(2)”; and (2) “to file charges.”
William Laurence Hardy v. State of Tennessee, No. M2009-00619-COA-R3-CV (Tenn. Ct. App. Jan. 19, 2010). “M2008-00679-COA- R3-CV, at *3 (citing Tenn. Code Ann. §4-5-308 (a)(2005)). Further, the Tennessee Department of State rules allow parties to seek relief through motions.”
Eleonora Kogan. v. Tennessee Bd. of Dentistry, No. M2003-00291-COA-R3-CV, 2003 WL 23093863 (Tenn. Ct. App. Dec. 30, 2003). “03 and Tennessee Code Annotated section 4-5-308 apply to everything occurring after the initial notice of hearing/notice of charges and specifically allow for service of such documents to be made by regular mail.”
C. Eddie Shoffner v. Tenneseee Consol. Ret. Sys., No. M2014-00070-COA-R3-CV (Tenn. Ct. App. Dec. 29, 2014). “See Tenn. Code Ann. § 4-5-308 (a); Yokley v. State Bd.”
Tenn. Code Ann. § 4-5-308(a): 3 cases
Yokley v. State Bd. of Educ., 305 S.W.3d 523 (Tenn. Ct. App. 2009). “In addition, the Uniform Administrative Procedures Act directs the ALJ to permit the parties to submit motions at appropriate stages in the proceedings, T.C.A. § 4-5-308(a) (2005), 2 and the Department of State rules allow parties in a contested case to seek “relief in the form…”
Robert B. Elliott v. Univ. of Tennessee, 766 F.2d 982 (6th Cir. 1985). “§ 4-5-307(a), to file pleadings, motions, briefs, and proposed findings of fact and conclusions of law, Tenn.Code Ann. § 4-5-308(a) & (b), to request the administrative judge to issue subpoenas, Tenn.”
Jeremy R. Durham v. Tennessee Registry of Election Fin., 666 S.W.3d 459 (Tenn. Ct. App. 2022). “Durham argues that, by ignoring his “responsive pleading,” TREF violated Tennessee Code Annotated section 4-5-308(a), which provides: “The administrative judge or hearing officer, at appropriate stages of the proceedings, shall give all parties full opportunity to file…”
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