Often client ask, "how long will this take?"
I reply, "it depends on how much you want to fight."
The amount of time taken to progress through a lawsuit will seem endless. Here is an outline of some typical events and timeframes. Keep in mind these can vary from county-to-county; judge-to-judge. Getting cooperation from the opposing counsel and the parties to the litigation will make a big difference on the process.
Many of these time frames can be delayed by either side's lack of cooperation, the changing of attorneys, or the interruption of many emergency requests during the proceedings.
Day 1
Filing of original complaint, in this case including a special requested temporary restraining order (TRO)
Day 4
Judge signs TRO
Day 6
Complaint is sent out to Sheriff's office to be served
Day 10
Complaint is served on opposing party
Day 15
Hearing is held on TRO
Day 40 to Day 70
Opposing party is supposed to file an answer with the Court within this 30 period after service. Often this time frames extends an additional 30 days.
Day 70 to Day 80
Both parties serve discovery requests upon the other party. They are supposed to respond with 30 days. Frequently this time frame is extended to 60 or 90 days.
Day 160
Counsel begins planning depositions on the opposing parties. Each counsel makes some considerations about the other witnesses they will want to depose or call to Court.
Day 180 to Day 270
Depositions of parties, collection of other relevant documents. Interviewing witnesses. Meetings with expert witnesses
Day 270 to Day 300
Offering of documents, testimony, and other sources of information to expert witnesses
Day 300 to Day 330
Planning expert testimony
Day 330 to 390
Depositions of experts
Day 390 to Day 400
Motions are filed to set case for final hearing
Day 440 to Day 480
Final hearing set
Day 480 to Day 500
Final order prepared and submitted to other attorney or court
Day 500 to Day 520
Final order signed by the judge
Day 520 to Day 550
Either party may file a motion to amend the Court's ruling
Day 550 to Day 570
Motion hearing on amending Court's ruling
Day 570 to Day 590
Order submitted on Court's ruling on motion
Day 590 to Day 600
Court enters order
Day 600 to Day 630
Either party may file a Notice of Appeal to the Court of Appeals
Day 630 to Day 720
The party filing the appeal has 90 days to file the transcript with the Court
Day 720 to Day 750
The Clerk of the Court files the record with the Court of Appeals
Day 750 to Day 780
The party filing the appeal have 30 days to file a written argument with the Court of Appeals
Day 780 to Day 810
The other party has thirty days to respond in writing
Day 810 to Day 825
The partying filing the appeal has 15 days to file another written argument
Day 825 to Day 855
The Court of Appeals takes about 30 days to get the case on the docket
Day 855 to Day 945
The Court of Appeals set the case about four months out
Day 945
Attorney's make an oral argument before the Court of Appeals
Day 1095
The Court of appeals takes about five months to enter a ruling
Day 1095
Either party can file a request for reconsideration by the Court of Appeals
Day 1185
Either party has 90 days to ask the Supreme Court of Tennessee to hear the case
Day 1200
The other party has 15 days to say why the Supreme Court should not hear the case
Day 1220
The Supreme Court makes a decision on whether or not to hear the case.
- (if it decides not to hear the case)
Day 1280
The Court of Appeals will issue a Mandate (or order) regarding the ruling made by the Court of Appeals.
- (if it decides to hear the case)
Day 1250 The party appealing to the Supreme Court has 30 days to file a written argument. (the case takes the course similar to that starting at day 810 only now with the Supreme Court)
Day 1310
The trial Court will act on the ruling of the Court of Appeals when the prevailing party moves the Court to do so.
Disclaimer: Of course, many of these time frames can be delayed by either side's lack of cooperation, the changing of attorneys, or the interruption of many emergency requests during the proceedings.
