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RULE 72: DECLARATIONS MADE UNDER PENALTY OF PERJURY

July 25, 2011

The execution of or any proceedings to enforce a judgment shall also be stayed pending and for 30 days after entry of any of the following orders made upon timely motion: (1) granting or denying a motion under Rule 50.02 for judgment in accordance with a motion for a directed verdict; (2) granting or denying a motion under Rule 52.02 to amend or make additional findings of fact, whether or not an alteration of the judgment would be required if the motion is granted; (3) granting or denying a motion under Rule 59.04 to alter or amend the judgment; and (4) denying a motion under Rule 59.07 for a new trial.

[As added by order filed December 21, 2010, effective July 1, 2011.]

Advisory Commission Comments [2011]. Rule 72 is intended to make the practice pursuant to the Tennessee Rules of Civil Procedure consistent with the practice in the federal courts in accordance with 28 U.S.C. § 1746. The Commission notes it is frequently difficult and expensive to procure notarization of an affidavit in a timely manner, particularly when testimony is required from a non-party witness who does not have ready access to a notary public. The Commission further notes that in 2010 the Tennessee General Assembly enacted the “Uniform Unsworn Foreign Declarations Act,” which provides in part, “Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this part has the same effect as a sworn declaration.” 2010Tenn. Pub. Acts, ch. 904, § 1.

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