Introduction
How To Use This Book
Recommendation for Nonlawyers
Proposed Rule Changes Adopted By General Assembly
Citation to Case That Discusses Impact of Decisions of Federal Courts on Similar Rules
Rule Change Proposed for 2023
Rule 1. Scope of Rules
Rule 2. One Form of Action
Rule 3. Commencement of Action
Rule 3A. Enforcement of Foreign Judgments
Rule 3A.01. Enrollment of Foreign Judgment
Rule 3A.02. Notice of Filing
Rule 3A.03. Clerk's Duties
Rule 3A.04. Enrollment and Execution
Advisory Commission Comments to Rules 3A.01 - 3A.04
Rule 4. Process
Rule 4.01. Summons; Issuance; By Whom Served; Sanction for Delay
Rule 4.02. Summons; Form
Rule 4.03. Summons; Return
Rule 4.04. Service Upon Defendants Within the State
Rule 4.05. Service Upon Defendant Outside This State
Rule 4.06. Reserved
Rule 4.07. Waiver of Service; Duty to Save Costs of Service; Request to Waive
Rule 4.08. Constructive Service
Rule 4.09. Amendment
Advisory Commission Comments to Rules 4.01-4.09
Rule 4A. Service Upon Defendant in a Foreign Country
Rule 4B. Service Upon Secretary of State as Agent for Service of Process
Rule 5. Service and Filing of Pleadings and Other Papers
Rule 5.01. Service — When Required
Rule 5.02. Service — How Made
Rule 5.03. Service — Proof of
Rule 5.04. Service — Numerous Defendants
Rule 5.05. Filing
Rule 5.06. Filing with the Court Defined
Advisory Commission Comments to Rules 5.01-5.06
Rule 5A. Facsimile Filing of Papers
Rule 5A.01. Definitions
Rule 5A.02. Filing Procedures
Rule 5A.03. Effect of Facsimile Filing
Rule 5A.04. Facsimile Service Charge
Advisory Commission Comments to Rules 5A.01-5A.04
Rule 5B. Electronic Filing, Signing, or Verification
Rule 6. Time
Rule 6.01. Computation
Rule 6.02. Enlargement
Rule 6.03. Unaffected by Expiration of Term — Chambers Orders
Rule 6.04. For Motions — Affidavits
Rule 6.05. Additional Time after Service by Mail
Advisory Commission Comments to Rules 6.01-6.05
Rule 7. Pleading Allowed; Form of Motions
Rule 7.01. Pleadings
Rule 7.02. Motions and Other Papers
Rule 7.03. Demurrers, Pleas, etc., Abolished
Advisory Commission Comments to Rules 7.01-7.03
Rule 8. General Rules of Pleading
Rule 8.01. Claims for Relief
Rule 8.02. Defenses — Form of Denials
Rule 8.03. Affirmative Defenses
Rule 8.04. Effect of Failure to Deny
Rule 8.05. Pleading to Be Concise and Direct — Statutes, Ordinances and Regulations — Consistency
Rule 8.06. Construction of Pleadings
Advisory Commission Comments to Rules 8.01-8.06
Rule 9. Pleading Special Matters
Rule 9.01. Capacity
Rule 9.02. Fraud, Mistake, Condition of the Mind
Rule 9.03. Conditions Precedent
Rule 9.04. Official Document or Act
Rule 9.05. Judgment
Rule 9.06. Time and Place
Rule 9.07. Special Damage
Advisory Commission Comments to Rules 9.01-9.07
Rule 9A. Petition for Termination of Parental Rights; Content of Petition
Rule 10. Form of Pleadings
Rule 10.01. Caption — Names of Parties
Rule 10.02. Paragraphs — Separate Statements
Rule 10.03. Exhibits
Rule 10.04. Adoption by Reference
Advisory Commission Comments to Rules 10.01-10.04
Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions
Rule 11.01. Signature
Rule 11.02. Representations to Court
Rule 11.03. Sanctions
Rule 11.04. Inapplicability to Discovery
Advisory Commission Comments to Rules 11.01-11.04
Rule 12. Defenses and Objections. When and How Presented. By Pleading or Motion. Motion for Judgment on Pleadings
Rule 12.01. When Presented
Rule 12.02. How Presented
Rule 12.03. Motion for Judgment on the Pleadings
Rule 12.04. Preliminary Hearings
Rule 12.05. Motion for More Definite Statement
Rule 12.06. Motion to Strike
Rule 12.07. Consolidation of Defenses
Rule 12.08. Waiver of Defenses
Advisory Commission Comments to Rules 12.01-12.08
Rule 13. Counterclaim and Cross-Claim
Rule 13.01. Compulsory Counterclaims
Rule 13.02. Permissive Counterclaim
Rule 13.03. Counterclaim Exceeding Opposing Claim
Rule 13.04. Counterclaim against the State of Tennessee
Rule 13.05. Counterclaim Maturing or Acquired After Pleading
Rule 13.06. Omitted Counterclaim
Rule 13.07. Cross-Claim Against Co-Party
Rule 13.08. Additional Parties May Be Brought In
Rule 13.09. Separate Trials — Separate Judgments
Advisory Commission Comments to Rules 13.01-13.09
Rule 14. Third-Party Practice
Rule 14.01. When Defendant May Bring in Third Party
Rule 14.02. When Plaintiff May Bring in Third Party
Advisory Commission Comments to Rules 14.01-14.02
Rule 15. Amended and Supplemental Pleadings
Rule 15.01. Amendments
Rule 15.02. Amendments to Conform to the Evidence
Rule 15.03. Relation Back of Amendments
Rule 15.04. Supplemental Pleadings
Advisory Commission Comments to Rules 15.01-15.04
Rule 16. Scheduling and Planning, Pretrial, and Final Pretrial Conferences and Orders
Rule 16.01. Scheduling and Planning Conferences and Orders
Rule 16.02. Pretrial Conferences; Objectives
Rule 16.03. Subjects to Be Discussed at Pretrial Conference
Rule 16.04. Final Pretrial Conference
Rule 16.05. Pretrial Order
Rule 16.06. Sanctions
Advisory Commission Comments to Rules 16.01-16.06
Rule 17. Parties Plaintiff and Defendant; Capacity
Rule 17.01. Real Party in Interest
Rule 17.02. Capacity to Sue or Be Sued
Rule 17.03. Infants or Incompetent Persons
Advisory Commission Comments to Rules 17.01-17.03
Rule 18. Joinder of Claims and Remedies
Rule 18.01. Joinder of Claims
Rule 18.02. Joinder of Remedies
Advisory Commission Comments to Rules 18.01-18.02
Rule 19. Joinder of Persons Needed for Just Adjudication
Rule 19.01. Persons to Be Joined if Feasible
Rule 19.02. Determination by Court Whenever Joinder Not Feasible
Rule 19.03. Pleading Reasons for Nonjoinder
Rule 19.04. Exception of Class Actions
Advisory Commission Comments to Rules 19.01-19.04
Rule 20. Permissive Joinder of Parties
Rule 20.01. Permissive Joinder
Rule 20.02. Separate Trials
Advisory Commission Comments to Rules 20.01-20.02
Rule 21. Misjoinder and Nonjoinder of Parties
Rule 22. Interpleader
Rule 22.01. Generally
Rule 22.02. Procedure
Advisory Commission Comments to Rules 22.01-22.02
Rule 23. Class Actions
Rule 23.01. Prerequisites to a Class Action
Rule 23.02. Class Actions Maintainable
Rule 23.03. Determination by Order Whether Class Action to be Maintained — Notice, Judgment — Actions Conducted
Rule 23.04. Orders in Conduct of Actions
Rule 23.05. Dismissal or Compromise
Rule 23.06. Derivative Actions by Shareholders
Rule 23.07. Actions Relating to Unincorporated Associations
Rule 23.08. Disposition of Residual Funds
Advisory Commission Comments to Rules 23.01-23.08
Rule 24. Intervention
Rule 24.01. Intervention as of Right
Rule 24.02. Permissive Intervention
Rule 24.03. Procedure
Rule 24.04. Notice to Attorney General When Statute, Rule or Regulation Is Questioned
Rule 24.05. Finality of Judgment
Advisory Commission Comments to Rules 24.01-24.05
Rule 25. Substitution of Parties
Rule 25.01. Death
Rule 25.02. Incompetency
Rule 25.03. Transfer of Interest
Rule 25.04. Public Officers - Death or Separation from Office
Advisory Commission Comments to Rules 25.01-25.04
Rule 26. General Provisions Governing Discovery
Rule 26.01. Discovery Methods
Rule 26.02. Discovery Scope and Limits
Rule 26.03. Protective Orders
Rule 26.04. Sequence and Timing of Discovery
Rule 26.05. Supplementation of Responses
Rule 26.06. Discovery Conference
Rule 26.07. Signing of Discovery Requests, Responses, and Objections
Advisory Commission Comments to Rules 26.01-26.07
Rule 27. Depositions Before Action or Pending Appeal
Rule 27.01. Before Action
Rule 27.02. Pending Appeal
Rule 27.03. Perpetuation by Action
Rule 27.04. Filing and Recording
Advisory Commission Comments to Rules 27.01-27.04
Rule 28. Persons Before Whom Depositions May Be Taken
Rule 28.01. Within the United States
Rule 28.02. In Foreign Countries
Rule 28.03. Disqualification for Interest
Advisory Commission Comments to Rules 28.01-28.03
Rule 29. Stipulations Regarding Discovery Procedure
Rule 30. Depositions Upon Oral Examination
Rule 30.01. When Depositions May Be Taken
Rule 30.02. Notice of Examination. General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone
Rule 30.03. Examination and Cross-Examination; Record of Examination; Oath; Objections
Rule 30.04. Motion to Terminate or Limit Examination
Rule 30.05. Submission to Witness; Changes; Signing
Rule 30.06. Disposition
Rule 30.07. Failure to Attend or to Serve Subpoena; Expenses
Advisory Commission Comments to Rules 30.01-30.07
Rule 31. Depositions Upon Written Questions
Rule 31.01. Serving Questions; Notice
Rule 31.02. Officer to Take Responses and Prepare Record
Rule 31.03. Notice of Filing
Advisory Commission Comments to Rules 31.01-31.03
Rule 32. Use of Depositions in Court Proceedings
Rule 32.01. Use of Depositions
Rule 32.02. Objections to Admissibility
Rule 32.03. Effect of Taking or Using Depositions
Rule 32.04. Effect of Errors and Irregularities in Depositions
Advisory Commission Comments to Rules 32.01-32.04
Rule 33. Interrogatories to Parties
Rule 33.01. Availability; Procedures for Use
Rule 33.02. Scope; Use at Trial
Rule 33.03. Option to Produce Business Records
Advisory Commission Comments to Rules 33.01-33.03
Rule 34. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
Rule 34.01. Scope
Rule 34.02. Procedure
Rule 34.03. Persons not Parties
Advisory Commission Comments to Rules 34.01-34.03
Rule 34A. Spoliation of Evidence
Rule 34A.01. Testing of Tangible Things
Rule 34A.02. Other Spoliation
Advisory Commission Comments to Rules 34A.01-34A.02
Rule 35. Physical and Mental Examination of Persons
Rule 35.01. Order for Examination
Rule 35.02. Report of Examining Physician
Advisory Commission Comments to Rules 35.01-35.02
Rule 36. Requests for Admission
Rule 36.01. Request for Admission
Rule 36.02. Effect of Admission
Advisory Commission Comments to Rules 36.01-36.02
Rule 37. Failure to Make or Cooperate in Discovery. Sanctions
Rule 37.01. Motion for Order Compelling Discovery
Rule 37.02. Failure to Comply with Order
Rule 37.03. Failure to Supplement or Amend Responses or Failure to Admit
Rule 37.04. Failure of Party to Attend at Own Deposition or Serve Answers to Interrogatories or Respond to Requests for Inspection
Rule 37.05. Failure to Participate in the Framing of a Discovery Plan
Rule 37.06. Electronically Stored Information
Advisory Commission Comments to Rules 37.01-37.06
Rule 38. Jury Trial of Right
Rule 38.01. Right Preserved
Rule 38.02. Demand
Rule 38.03. Demand — Cases Removed to Trial Court
Rule 38.04. Demand — Specification of Issues
Rule 38.05. Waiver
Advisory Commission Comments to Rules 38.01-38.05
Rule 39. Trial by Jury or by the Court
Rule 39.01. By Jury
Rule 39.02. By the Court
Rule 39.03. Advisory Jury
Advisory Commission Comments to Rules 39.01-39.03
Rule 40. Setting Cases for Trial
Rule 41. Dismissal of Actions
Rule 41.01. Voluntary Dismissal — Effect Thereof
Rule 41.02. Involuntary Dismissal — Effect Thereof
Rule 41.03. Dismissal of Counterclaim, Cross-Claim or Third-Party Claim
Rule 41.04. Costs of Previously Dismissed Action
Advisory Commission Comments to Rules 41.01-41.04
Rule 42. Consolidation. Separate Trials
Rule 42.01. Consolidation
Rule 42.02. Separate Trials
Advisory Commission Comments to Rules 42.01-42.02
Rule 43. Evidence
Rule 43.01. Evidence at Trials
Rule 43.02. Evidence at Motion Hearings
Rule 43.03. Order of Expert Testimony
Rule 43.04. Matters Considered by Court
Advisory Commission Comments to Rules 43.01-43.04
Rule 43A. Juror Information
Rule 43A.01. Juror Notetaking
Rule 43A.02. Juror Notebooks
Rule 43A.03. Juror Questions of Witnesses
Advisory Commission Comments to Rules 43A.01-43A.03
Rule 44.
Rule 44. (Reserved)
Rule 44A.
Rule 44A. Interim Commentary
Rule 45. Subpoena
Rule 45.01. For Attendance of Witnesses — Form — Issuance
Rule 45.02. For Production of Documents and Things or Inspection of Premises
Rule 45.03. Service
Rule 45.04. Subpoena for Taking Depositions — Place of Deposition
Rule 45.05. Subpoena for a Hearing or Trial — Personal Attendance
Rule 45.06. Contempt
Rule 45.07. Protection of Persons Subject to Subpoena
Rule 45.08. Duties in Responding to Subpoena
Rule 45.09 Form of Issuance of Subpoena [Effective July 1, 2022]
Advisory Commission Comments to Rules 45.01-45.09
Rule 46. Exceptions Unnecessary
Rule 47. Jurors
Rule 47.01. Examination of Jurors
Rule 47.02. Additional Jurors
Rule 47.03. Procedures for Exercising Peremptory Challenges
Advisory Commission Comments to Rules 47.01-47.03
Rule 48. Juries of Less Than Twelve. Majority Verdict
Rule 49. Special Verdicts and Interrogatories
Rule 49.01. Special Verdicts
Rule 49.02. General Verdict Accompanied by Answer to Interrogatories
Rule 50. Motion for a Directed Verdict
Rule 50.01. When Made — Effect
Rule 50.02. Reservation of Decision on Motion
Rule 50.03. Conditional Rulings on Grant of Motion
Rule 50.04. Denial of Motion
Rule 50.05. Motion for New Trial Not Necessary after Directed Verdict
Advisory Commission Comments to Rules 50.01-50.05
Rule 51. Instructions to Jury. Objection
Rule 51.01. Requests for Instructions
Rule 51.02. Objection — Failure to Object
Rule 51.03. Timing
Rule 51.04. Written Form
Advisory Commission Comments to Rules 51.01-51.04
Rule 52. Findings by the Court
Rule 52.01. Findings Required
Rule 52.02. Amendment
Advisory Commission Comments to Rules 52.01-52.02
Rule 53. Masters
Rule 53.01. Appointment and Compensation
Rule 53.02. Powers
Rule 53.03. Proceedings
Rule 53.04. Report
Rule 53.05. Application to References to Clerks and Masters
Rule 54. Judgments and Costs
Rule 54.01. Definition — Form
Rule 54.02. Multiple Claims for Relief - Motion to Intervene
Rule 54.03. Demand for Judgment
Rule 54.04. Costs
Advisory Commission Comments to Rules 54.01-54.04
Rule 55. Default
Rule 55.01. Entry
Rule 55.02. Setting Aside Default
Rule 55.03. Plaintiffs, Counterclaims, Cross-Claimants
Rule 55.04. Judgment Against the State of Tennessee
Advisory Commission Comments to Rules 55.01-55.04
Rule 56. Summary Judgment
Rule 56.01. For Claimant
Rule 56.02. For Defending Party
Rule 56.03. Specifying Material Facts
Rule 56.04. Motion and Proceedings Thereon
Rule 56.05. Case Not Fully Adjudicated on Motion
Rule 56.06. Form of Affidavits — Further Testimony — Defense Required
Rule 56.07. When Affidavits Are Unavailable
Rule 56.08. Affidavits Made in Bad Faith
Advisory Commission Comments to Rules 56.01-56.08
Rule 57.
Rule 57. Declaratory Judgments
Rule 58.
Rule 58. Entry of Judgment
Rule 59. New Trials and Alteration or Amendment of Judgments
Rule 59.01. Motions Included
Rule 59.02. Time for Motions
Rule 59.03. Time for Serving Affidavits
Rule 59.04. Motion to Alter or Amend a Judgment
Rule 59.05. On Initiative of Court
Rule 59.06. New Trial Where Verdict Is Against the Weight of the Evidence
Rule 59.07. Motion for New Trial – Grounds
Advisory Commission Comments to Rules 59.01-59.07
Rule 60. Relief from Judgments or Orders
Rule 60.01. Clerical Mistakes
Rule 60.02. Mistakes — Inadvertence — Excusable Neglect — Fraud, etc.
Advisory Commission Comments to Rules 60.01-60.02
Rule 61.
Rule 61. (Reserved)
Rule 62. Stay of Proceedings to Enforce a Judgment
Rule 62.01. Initial Stay; Exceptions
Rule 62.02. Additional Stay on Specified Timely Motions
Rule 62.03. Relief Pending Appeal
Rule 62.04. Stay on Appeal
Rule 62.05. Bond for Stay
Rule 62.06. Stay in Favor of the State or Agency Thereof
Rule 62.07. Power of Trial Court Not Limited
Rule 62.08. Power of Appellate Court Not Limited
Rule 62.09. Entry, Enforcement or Stay of Judgment as to Multiple Claims or Multiple Parties
Advisory Commission Comments to Rules 62.01-62.09
Rule 63.
Rule 63. Inability of a Judge to Proceed
Rule 64.
Rule 64. Seizure of Person or Property
Rule 65. Injunctions
Rule 65.01. Injunctive Relief
Rule 65.02. Requisites of Restraining Order or Injunction — Parties Bound
Rule 65.03. Restraining Order
Rule 65.04. Temporary Injunction
Rule 65.05. Injunction Bond
Rule 65.06. Enforcement of Restraining Orders and Injunctions
Rule 65.07. Exceptions
Advisory Commission Comments to Rules 65.01-65.07
Rule 65A.
Rule 65A. Form of Security; Proceedings Against Sureties
Rule 66.
Rule 66. Receivers
Rule 67. Deposit in Court
Rule 67.01. In an Action
Rule 67.02. Court May Order Deposit or Seizure of Property
Rule 67.03. Money Paid into Court
Rule 67.04. Post-Judgment Interest
Advisory Commission Comments to Rules 67.01-67.04
Rule 68.
Rule 68. Offer of Judgment
Rule 69. Execution on Judgments
Rule 69.01. Scope
Rule 69.02. Sequence
Rule 69.03. Discovery
Rule 69.04. Extension of Time
Rule 69.05. Garnishment
Rule 69.06. Execution on Personalty
Rule 69.07. Execution on Realty
Advisory Commission Comments to Rules 69.01-69.07
Rule 70.
Rule 70. Judgment for Specific Acts; Vesting Title
Rule 71.
Rule 71. Condemnation of Property
Rule 72.
Rule 72. Declarations Made Under Penalty of Perjury
Appendix
Tennessee Rules of Civil Procedure 2023-2024 Copyright © 2021 by BirdDog Law, LLC (No copyright claimed as to government works.). All Rights Reserved.
