Tennessee Fraud Court Rules

Summary

Fraud on the court in tennessee is addressed under rule 60.02, allowing relief from judgments due to fraud or misconduct. Rule 9.03 requires fraud to be pled with particularity, detailing specific actions, dates, and individuals involved. Your case involves dual tracking and non-judicial foreclosure, highlighting the need for precise legal strategy. Consider consulting a local attorney for guidance.

Full Conversation

What rule address fraud
In Tennessee, fraud on the court is addressed under Rule *.* of the Tennessee Rules of Civil Procedure. It allows for relief from a final judgment, order, or proceeding due to:
- Mistake, inadvertence, surprise, or excusable neglect
- Newly discovered evidence
- Fraud, misrepresentation, or other misconduct
- The judgment being void
- The judgment being satisfied or discharged
Is there a particular aspect of fraud on the court you're dealing with?
What is the difference in *.* and *.*
Sure, let me explain the difference between Rule *.* and Rule *.* of the Tennessee Rules of Civil Procedure:
- Rule *.*: This rule provides relief from a final judgment, order, or proceeding for reasons such as mistake, newly discovered evidence, fraud, etc.
- Rule *.*: This rule deals with the pleading requirements for fraud, mistake, or condition of the mind. It requires that circumstances constituting fraud or mistake be stated with particularity.
Is there a specific aspect of these rules you're dealing with?
What does particularity mean and how to achieve it in the pleading
Case Rating: *
Particularity in pleading refers to the need for a party to state the specific details and circumstances that constitute fraud or mistake. To achieve particularity in the pleading, you should:
- Clearly outline the specific fraudulent actions or misrepresentations.
- Provide dates, times, and locations of the fraudulent actions.
- Identify the individuals involved.
- Describe how the actions were deceptive or false.
Do you have a specific case or example in mind where you need to apply these rules?
Yes. My case deals with dual tracking. Plaintiff filed an enforcement action in Chancery court. Defendant filed a complaint againt hoa for the illegal fine amounts and disputes the balance due to the fines being added and a payment being held. While the case is pending to be heard for a debt resolution, the Plaintiff have thier counsel proceed with a non-judicial foreclosure by removing the amounts that are disputed and provided the court with an altered ledger balance that shows the Plaintiff is delinquent in hoa dues. But that balance is also in dispute because a payment is being withheld.
Case Rating: *
It appears that your situation involves complex legal issues regarding dual tracking, fraud, and non-judicial foreclosure. Would you like to be connected to local lawyers who can better assist you with your case?
Can you provide a bit more information about the issue?