Tenn. R. App. P. 22
Advisory Commission Comments.
Subdivision (d). This subdivision permits a single judge to grant or deny any requested relief that under these rules may be sought by motion. It is, however, expressly provided that a single judge may not dismiss or otherwise finally dispose of an appeal or other proceeding. Final disposition of an appeal means the termination of an appeal, whether by decision, dismissal, or otherwise. Nothing in this subdivision authorizes a single judge of an appellate court to grant relief that must be sought by some procedure other than by a motion. Some rules require preparation of an application or petition. Since relief under those rules may not properly be sought by motion, a single judge may not grant the requested relief. It would, therefore, be inappropriate for a single judge to grant a request for permission to appeal, since permission is requested by the filing of an application, not by a motion. On the other hand, a single appellate judge may grant a stay or injunction under Rule 7 pending disposition of an application for permission to appeal by the full court. In all cases, the disposition of a motion by a single judge is subject to review by the entire court.
Advisory Commission Comment [1995].
Paragraph (b) allows expeditious disposition of purely procedural motions by the court or the clerk, without awaiting a response. In instances where justice miscarries, a lawyer could apply to the court for retroactive remedy. Paragraph (c) authorizes the court, in its discretion, to grant a hearing on a motion.
Advisory Commission Comment [1997].
Filing rather than service of a motion triggers the response time. The time for opposing a motion is extended from 5 to 10 days.
Advisory Commission Comment [2012].
Paragraphs (b) and (c) are amended to supply a subtitle for each paragraph.