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After filing and serving the opposing party with a complaint, the Tennessee Rules of Civil Procedure provide the defendant with 30 days to respond with an answer. In some instances, the defendant may file a Motion to Dismiss before filing an answer to the Complaint. If the defendant files a Motion to Dismiss, we will have the opportunity to file a response and request the judge to hear oral arguments on the issue.

An affirmative defense is simply a reason that the defendant believes it should not be liable for all or some of the alleged damages. Besides simply denying the allegations in the complaint, affirmative defenses provides the court with the reasons that the party believes that it is excused from being liable for a breach of contract claim.

A Motion for Summary Judgment is a motion asking the court to rule on an issue or the entirety of the case without the case going to a jury. The party requesting the judge to grant them summary judgment must prove that even assuming that all the facts that the non-moving party, or the party that did not file the motion, has stated are true in the case, there is no conceivable way in law for that party to prevail.