Amy Elizabeth Luker v. Terry Eugene Luker
Citations
- 578 S.W.3d 450
Syllabus
Amy Elizabeth Luker (\Petitioner\), asserting she was raped, obtained an ex parte order of protection against her husband Terry Eugene Luker (\Respondent\) in the Chancery Court for Williamson County (\the Trial Court\). Respondent asked for time to conduct discovery before the hearing on whether to extend the order of protection. The Trial Court permitted Respondent to subpoena certain records but otherwise ruled he had no right to conduct discovery under the Tennessee Rules of Civil Procedure. After a hearing, the Trial Court ruled in favor of Petitioner and extended the order of protection. Respondent appeals, arguing principally that the Trial Court erred in blocking discovery and in excluding Respondent's proposed witnesses. We affirm the Trial Court in its decision regarding the witnesses. However, we hold that the Trial Court erred in determining categorically that Respondent had no right to conduct discovery. We vacate and remand for a new hearing. On remand, the parties shall state specifically what discovery if any they want and the Trial Court is to exercise its discretion in deciding what limited discovery to allow and the time frame. The ex parte order of protection shall remain in effect in the interim. We affirm, in part, and vacate, in part, the judgment of the Trial Court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- reviewing in part on appeal a trial court’s order that explicitly “extend[ed] the order of protection for a period of one (1) year from the date of final hearing”
Source: CourtListener parenthetical corpus (CC0).
Judges: Chief Judge D. Michael Swiney
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