Q: If an order or judgment doesn’t comply with TN civil procedures rule 58, can it be enforced? Is it final?Is it effective
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A: It will be enforced unless a timely motion is made to that Court.
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If an order or judgment in Tennessee does not comply with Rule 58 of the Tennessee Rules of Civil Procedure, it is generally not considered final, enforceable, or effective. Rule 58 requires that a judgment must be properly signed by the judge and entered by the court clerk with notice given to all parties. Without this process, the judgment lacks the necessary formalities to be recognized as valid.
You should know that an unenforceable judgment can create confusion and delays, especially if you are trying to appeal or take further legal steps. This non-compliance could give you grounds to challenge the judgment or order, potentially getting it voided or corrected by the court.
It’s important to check the specific details of the judgment and how Rule 58 applies to your case. If you believe the rule has not been followed, you might want to consider filing a motion to clarify or amend the judgment or consult someone knowledgeable to discuss your options for challenging its validity.
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