Tennessee Court Rules - Amendments and Proposals

(2009)

This page shows orders and petitions relating to proposed changes to the Rules of Court and Rules of Evidence and Procedure, along with comments from interested parties. Where the Orders and Comments can be related to one set of Rules, they will be listed under the appropriate title. If the Orders or Comments cover a variety of Rules within a set, they will be listed directly under either RULES OF COURT or RULES OF EVIDENCE AND PROCEDURE.

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Tennessee Supreme Court Rules

Rule 5
Regarding Research Assistants

• Order soliciting public comments on proposed Rule 5 amendment (Access To Justice) and appendix containing proposed amendment.
• Order amending Tenn. Sup. Ct R. 5, allowing licensed attorneys employed as research assistants in the Tennessee appellate courts to provide certain pro bono legal services.
  

Rule 6
Regarding Admission of Attorneys to the Practice of Law in Tennessee

• Order filed October 2, 2009 - Due to the General Assembly's recent amendment of Tennessee Code Annotated, Section 23-1-108, the Court hereby amends Tenn. Sup. Ct. R. 6 by adding a new paragraph (5) to the existing text of the rule.
  
  
• Order (filed October 5, 2009) soliciting comments on Tenn. Sup. Ct. R. 6 and Tenn. Sup. Ct. R. 7, Art. VIII, wherein the Court is considering amendments to delete the current requirement that applicants for admission state their intent to practice law in this state.
  
  
• Comment of the TBA, Filed November 5, 2009, regarding proposed changes to TSCR 6 & 7, on the removal of restriction to admission to the bar in Tennessee.
  • Order Filed December 10, 2009 of the Supreme Court Amending Rule 6 and 7, regarding the admission of attorneys in Tennessee.

Rule 7
Regarding Licensing of Attorneys

• Order in re: Supreme Court Rule 7, § 7.01, soliciting comments on the proposed rule change
  • Comments on the proposed rule change
• Order dated May 29, 2009 amending Rule 7, § 7.01
• Order filed June 12, 2009 setting effective date for amendment
  
  
• Order in re: Supreme Court Rule 7, § 10.03, soliciting comments on the proposed rule change
  • Comments on proposed rule change
• Order amending TSCR 7, § 10.03, filed May 18, 2009
  
  
• Order in re: Supreme Court Rule 7, soliciting comments on Article X - Proposed new Section 10.01
  
  • Comments on proposed rule change
• Order amending TSC Rules 7, 8, 9, 25, 47 filed October 23, 2009, rules governing multijurisdictional practice of law.
  
  
• Order in re: Supreme Court Rule 7, proposed section 10.05, soliciting comment on the proposed addition
  • Comments on the proposed rule change
• Order filed September 3, 2009 adopting new TSC Rule 7 § 10.05

Rule 8
Regarding Rules of Professional Conduct

• Petition of TBA to amend Supreme Court Rules 8 (RPC 1.15) and Rule 43, governing IOLTA participation and interest.
• Order soliciting comments on the proposed rule changes.
• Comments on Rule 8 / Rule 43 Changes (IOLTA) (LARGE file, about 11.5 megabytes)
• Order Amending Supreme Court Rules 8 (RPC 1.15) and Rule 43, governing IOLTA participation and interest. Includes text of new Rule(s).

 

• Order soliciting comments on proposed changes to SC Rule 8, §5.5, 6.1 and new § 6.5, regarding increased Pro Bono assistance. Includes TBA petition for these changes
• Comments on above-mentioned sections of SC Rule 8
  
• Order amending Tenn. Sup. Ct. R. 8, RPC 6.1, adopting new RPC 6.5, and taking under advisement RPC 5.5, with Appendix
  
• Order closing TBA's Pro Bono Services Petition proceeding, filed October 23, 2009

 

• Petition of TBA to amend Supreme Court Rules 8 (§ 5.5 & § 8.5), 9 (§ 32), and 25 (§ 20)
• Order in re: Supreme Court Rules 8 (§ 5.5 & § 8.5) , 9 (§ 32), and 25 (§ 20), soliciting comments on proposed amendments
• Notice re: TBA's filing of MJP background materials
  
• Comments on proposed rule changes
• Final Order Granting TBA petition and adopting MJP amendments - filed October 23, 2009
  

Rule 9
Regarding Disciplinary Enforcement

• Order of the Supreme Court soliciting comment on proposed amendment to TSC Rule 9, in re: voluntary reporting of pro bono activities.
  • Comments on proposed amendment to Rule 9 - voluntary reporting of pro bono activities
• Order of the Supreme Court filed November 2, 2009, adopting new section 20.11 to TSC Rule 9.
  

 

• Petition of the Tennessee Bar Association (TBA) asking the Court to amend Supreme Court Rule 9, section 18.7, to amend Supreme Court Rule 8 by adopting Rule of Professional Conduct 5.8, and to amend Supreme Court Rule 9 by adopting a new section 19.9.
  • Exhibit A - Formal Board of Professional Responsibility (BPR) Ethics Opinion 83-F-50
  • Exhibit B - Comment of the TBA
  • Exhibit C - Survey of States regarding Employment of Attorneys in Disciplinary Status.
  • Exhibit D - Proposed Amendment to TSCR 8, Adding New Rule 5.8
  • Exhibit E - Draft Amendment to TSCR 9, on Disciplinary Enforcement
• Objection of BPR to the Petition
• Order of the Tennessee Supreme Court Denying Proposed Amendments to Rule 9 §§ 18.7 and 19.9 and Rule 8 § 5.8

 

• Order increasing BPR Registration fee effective January 2, 2009

 

• Order proposing amendment to SC Rule 9 to promote compliance with TCA §§ 67-4-1701 -- 1710 and soliciting publi comments on the proposed change
  • Comments on Order amending TSC Rule 9
• Order adopting new Section 32 of TSC Rule 9, providing for the enforcement of disciplinary measures related to compliance with § 67-4-1701 - 1710 (Privilege Tax Applicable to Persons Licensed to Practice Law), filed September 11, 2009; to become effective January 1, 2010
  

Rule 10
Regarding Code of Judicial Conduct

• Order of the Supreme Court soliciting comment on proposed commentary on TSC Rule 10, in re: authorizing ex parte communications by a Judge in a therapeutic or problem-solving court.
  • Comments on proposed Rule 10, Canon 3(B)7(e)
  • Order on Request by TBA for more time in comment period, filed October 26, 2009
    

Rule 21
Regarding Mandatory Continuing Legal Education

• Petition of TBA to amend Supreme Court Rule 21 § 4.07(c)
• Order Soliciting comment on the proposed rule change
  • Comments on proposed rule change
• Order amending Tenn. Sup. Ct. R. 21 § 4.07(c)
  

Rule 27
Regarding the Judicial Performance Evaluation Program

• Order of the Supreme Court soliciting public comment on proposed amendment to Supreme Court Rule 27 and appendix containing proposed amendment.
• Comments on TSC Rule 27.
• Order filed October 8, 2009 amending Rule 27 to conform with amended statutes in T.C.A. Title 17 Part 4.
  

Rule 28
Regarding Tennessee Rules of Post-Conviction Procedure

• Order amending Supreme Court Rule 28, §8 (D)(1)
  

Rule 31
Regarding Alternative Dispute Resolution

• Order of the Supreme Court filed August 25, 2009, soliciting comments regarding proposed Rule 31 (ADRC) rule amendments.
• Comments on Proposed Amendments
• Order filed December 17 adopting amendments to TSC Rule 31,§§ 3(b), 9, and 11.

 

• Order soliciting public comments on ADRC-proposed changes and amendments to Rule 31, §2(b) - Definition of Baccalaureate and graduate degrees
• Order soliciting public comments on ADRC-proposed changes and amendments to Rule 31, §17 - increase time of listing as Rule 31 mediator based on application date.
• Order amending Rule 31, §§ 2(b) and 17

 

• Order soliciting public comments on ADRC-proposed changes and amendments to Rule 31, §17(h) and §17(i) - providing mechanism for court clerks and part-time judicial officers to be listed as Rule 31 mediators under certain circumstances,
  
  
  • Comments on Rule 31 changes and amendments
    

Rule 40A
Regarding Appointment of Guardians Ad Litem in Custody Proceedings

• Order establishing TSC Rule 40A - GAL Representation in Custody Proceedings
  
• Press release - Supreme Court Adopts Provisional Rule for Guardian ad Litem in Parenting Cases
  
• Order Denying Davidson County Juvenile Court Exemption from Rule 40A
• Comments on Rule 40A
  

Rule 48
Regarding Assuming Jurisdiction Over Undecided Cases

• Order of the Supreme Court adopting new TSC Rule 48, authorizing the Supreme Court to assume jurisdiction over an undecided case in certain circumstances. Includes text of the rule.

Rule 51
Regarding Procedures in Workers' Compensation Appeals

• Order filed October 8, 2009 establishing Rule 51. Augments provisions of the Statute §50-6-225(e) and the Rules of Appellate Procedure.

RULES OF EVIDENCE AND PROCEDURE

• Order Soliciting Written Comments on Proposed 2009 Amendments to Rules of Procedure and Evidence Including Appendix A (PDF)
  
  
• Order soliciting written comments on proposed 2010 Amendments to Rules of Procedure and Evidence, including Appendix of proposed amendments (PDF)

Rules of Civil Procedure

Order - Requesting Public Comment on Proposed Amendments and Changes to TRCP Rules Governing Discovery of Electronically Stored Information (the "e-discovery" amendments)

Comments on Proposed Amendments and Changes to TRCP Rules Governing Discovery of Electronically Stored Information ("e-discovery")

Comments - Proposed Amendment to Rule 51.04 (Written Jury Instructions)

Comments - Proposed Amendment to Rule 45.04 (Place of Deposition)

Rules of Criminal Procedure

Order Withdrawing Proposed Amendment to Rule 5, Rules of Criminal Procedure (Feb. 24, 2009)

RULES OF COURT

2009 Rules Package

Proposed Rule Changes (PDF) - The Court adopts the listed amendments effective July 1, 2009, subject to approval by resolutions of the General Assembly.

• Rules of Appellate Procedure - filed January 8, 2009
• Rules of Civil Procedure - filed January 8, 2009
• Rules of Civil Procedure (E-Discovery Amendments) - filed January 8, 2009
• Rules of Criminal Procedure - filed January 8, 2009
• Rules of Evidence - filed January 8, 2009
• Rules of Juvenile Procedure - filed January 8, 2009
• The Rules Package Resolutions have been filed in both houses of the General Assembly, and have now passed out of both the House and Senate Judiciary Committees. The list of resolution numbers and the date of the votes are as follows:

Tennessee Rules of Appellate Procedure
SR0015, passed the Senate on 03/09/2009
HR0019, passed the House on 03/19/2009

Tennessee Rules of Evidence
SR0020, passed the Senate on 03/09/2009
HR0017, passed the House on 03/19/2009

Tennessee Rules of Juvenile Procedure
SR0018, passed the Senate on 03/09/2009
HR0016, passed the House on 03/19/2009

Tennessee Rules of Criminal Procedure
SR0017, passed the Senate on 03/09/2009
HR0014, passed the House on 03/19/2009

Tennessee Rules of Civil Procedure
SR0016, passed the Senate on 03/09/2009
HR0015, passed the House on 03/19/2009

Tennessee Rules of Civil Procedure relative to electronic discovery
SR0019, passed the Senate on 03/09/2009
HR0018, passed the House on 03/23/2009

Petitions and Orders regarding amendments and rules changes, with Orders and comments from the bench, bar and public are listed below.

If you have any questions or comments, please contact the webmaster.