TBA Law Blog


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Posted by: Kate Prince on Apr 2, 2020

The Tennessee Supreme Court has issued an order to clarify certain provisions of previous orders regarding the extension of deadlines. The prior orders applied generally to discovery deadlines, but did not apply to deadlines set forth in pre-trial scheduling orders entered pursuant to Rule 16. Trial courts may extend such deadlines in their discretion. See the order for full list of clarifications. The court today filed another order extending the use of electronic signatures as provided under Rule 5B of the Tennessee Rules of Civil Procedure and Rules 46 and 46A of the Rules of the Tennessee Supreme Court to any pleadings or documents to be filed or served by conventional means during the time that the state of emergency for the Judicial Branch remains in place.

Posted by: Berkley Schwarz on Apr 2, 2020

The TBA has organized a Remote Notary/Witness Task Force made up of attorneys from affected practice areas to discuss how attorneys can help their clients with wills and other legal documents that require witnesses or notarization, while also trying to protect the safety of their clients and themselves during the COVID-19 pandemic. The Task Force met today and discussed different options, including looking at actions other states have taken on this topic. Tennessee has a remote online notary statute, but because a will must be executed in the presence of two or more witnesses who must be physically present when the will is executed, the remote online notary statute doesn’t apply to wills.  

Posted by: Kate Prince on Apr 2, 2020

Gov. Bill Lee today issued an order for Tennesseans to stay home to help stop the spread of the COVID-19 virus, the Tennessean reports. The mandate was issued after data from the Tennessee Department of Transportation showed an uptick in traffic and after mounting pressure from state lawmakers, doctors and national media to do so. “COVID-19 is an imminent threat and we need you to understand that staying home isn’t an option,"  Lee said at today's conference. "It’s a requirement for the swift defeat of COVID-19 in Tennessee.” Lee had previously said such a mandate was unnecessary as it was “deeply important” to him to protect personal liberties. 

Posted by: Kate Prince on Apr 2, 2020
News Type: COVID-19 News, TBA CLE

The situation with COVID-19 is rapidly changing and many have questions related to labor and employment issues. “COVID-19 Rewrites the Rules of the Employment Road” is part of TBA CLE’s on-demand webcast series, Navigating the Pandemic. In this video, Donna Mikel and Doug Hamill discuss the Families First Act, paid leave rights and how traditional employment laws apply right now. It is available to view now, or you can tune-in on April 7 at noon CST for a scheduled webcast. If you still have questions about this topic, join Donna and Doug for a Zoom Q&A roundtable at noon CST the following day, April 8. Submit questions in advance here. Spots are limited to the first 50 registrants for this unique, interactive Zoom roundtable meeting. Complete the required RSVP here.  

Posted by: Kate Prince on Apr 2, 2020
News Type: COVID-19 News, Upcoming

The TBA and the Tennessee Lawyers Assistance Program will host a free online roundtable discussion on the impact the COVID-19 pandemic and quarantine is having on personal well-being. Licensed therapist and TLAP mental health clinician Lindsey O’Connell will provide an overview of the human stress response system and how to modulate this survival instinct to improve mental resilience and reduce the harmful consequences of overwhelming stress. A loosely moderated roundtable discussion will follow and participants will have the chance to ask questions related to mental and professional well-being. The program will be held on the Zoom video conferencing platform on April 7 at 2 p.m. A link to the meeting will be sent following online registration.  

Posted by: Stacey Shrader Joslin on Apr 1, 2020

U.S. Attorney Mike Dunavant, the federal prosecutor in western Tennessee, has named Assistant U.S. Attorney Tony Arvin as the office coordinator of all efforts to prosecute fraud related to the COVID-19 pandemic, WMC News 5 reports. Arvin, a veteran prosecutor and senior litigation counsel in the office, will focus solely on such cases with an emphasis on medical supply hoarding and scams related to offer stimulus checks, Dunavant said. A national hotline has been created to report suspected fraud. Individuals can call 866-720-5721 or e-mail disaster@leo.gov to report suspected abuse.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Updates from the legal community include new dates for TLAW’s Empowerment Conference (Aug. 20-21), the Memphis Bar Association’s Bench Bar Conference (Oct. 1-4), the 12th Judicial District Bar Dinner with Alberto Gonzalez (Nov. 6) and new procedures at the Madison County courthouse, Shelby County criminal courts and Knox County jail. New resources include a Q&A on the Paycheck Protection Act, an in-depth analysis of tax provisions in the CARES Act, a sample simple will, and wellness tips from TLAP. Get these and other resources from the TBA’s Pandemic Resource Center, which includes sections dedicated to legal resources, cancellations, postponements and closures, changes in procedures, health and wellness resources, and updates about TBA events.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Sumner County has begun releasing some inmates convicted of minor crimes in an effort to reduce the risk of a possible COVID-19 outbreak at the jail, the Portland Sun reports. There were 37 inmates nearing the end of their sentence who were released from the county jail “days or weeks” ahead of schedule the local sheriff said.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

Circuit Court judges in the Fourth Judicial District have signed a standing order that reduces to zero the bond required for nonviolent unsentenced individuals charged with a misdemeanor offense or those arrested for a felony technical violation of the rules of probation. The move is being taken to keep additional alleged offenders out of area jails and protect corrections officers, sheriffs’ deputies, law enforcement officers, healthcare workers and other professionals who regularly come in contact with inmates, the Citizen Tribune reports.

Posted by: Stacey Shrader Joslin on Apr 1, 2020

The Madison County Courthouse will be closed for two weeks starting today, the Jackson Sun reports. Those two weeks could be extended indefinitely as both county and city governments work to move all business online amid the COVID-19 outbreak. As part of the closure, any type of business that would normally take place at the courthouse will now be completed via phone call, online or mail. The Chancery Court, which is located in the courthouse, will remain open in a limited capacity. The Tennessee Supreme Court has suspended most in-court proceedings, with some exceptions for emergency situations, until at least April 30.


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