Tennessee Court Rules - Amendments and Proposals

(2010)

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

Tennessee Supreme Court Rules

Rule 7
Governing Bachelor's and Law Degree requirements for eligibility for taking Bar Examination

• Order amending TSC Rule 7 § 2.01(c) waives undergraduate degree requirement under certain circumstances (March 15, 2010)

Rule 8
Regarding Rules of Professional Conduct

• Order setting Oral Argument
  
  
• Order of the Supreme Court soliciting public comment on proposed amendment to Supreme Court Rule 8, governing ethics rules applicable to Tennessee lawyers.
  • Petition of the TBA to amend Tennessee Supreme Court Rule 8 (May 13, 2009)
  • Petition Exhibit A - Clean draft
  • Petition Exhibit B - Comparison to current rule
  • Petition Exhibit C - TBA model rules comparison
• Comments on Proposed Amendment (Large file - 13 megabytes)
• Response of the TBA to public comments - filed February 18, 2010
• Response Exhibit A
• Response Exhibit B
• Response Exhibit C
• Response Exhibit D
  

Rule 9

• Order of the Supreme Court soliciting comments on proposed change to disciplinary actions against those who default on a repayment or service obligation related to student loan programs. Deadline for comments December 31, 2009.
• Order of the Supreme Court filed December 23, 2009 extending the comment period on proposed amendments to Rule 9 §34.
  • Comments on Proposed Amendments to SC Rule 9.
• Order of the Supreme Court suspending amendment to Rule 9, sec. 34 for further legislative and administrative action.  - Filed March 11, 2010
• Order of the Supreme Court on continued suspension of rulemaking on SC Rule 9, sec. 34 - Filed August 30, 2010

Rule 13

• Order of the Supreme Court soliciting comments on Proposed Amendments to SC Rule 13 - FIled May 5, 2010
  (Includes petition to amend Rule 13: Increasing Hourly Rate Paid Appointed Counsel of Indigent Defendants)
  • Comments on Proposed Amendments to SC Rule 13

Rule 13A

• Order of the Supreme Court establishing Rule 13A, allowing the AOC to establish a system for electronically submitting certain fee claims associated with the representation of indigent litigants and authorizes the Director of the Administrative Office of the Courts to establish a schedule of phased implementation of this electronic claims system. Effective May 1, 2010 through August 1, 2011 - Filed March 8, 2010

Rule 21
On Mentoring and its effect on Continuing Legal education credit

• Order of the Supreme Court soliciting comments on proposed new section, Rule 21 §4.07(d), on mentoring programs and continuing legal education credits. Filed May 17, 2010.
  • Comments on Proposed Amendment to SC Rule 21

Rule 33.11

• Order of the Supreme Court soliciting comments on proposed amendment to Rule 33.11(C) regarding reporting while engaged in TLAP program - Appendix . - Filed August 30, 2010.

Rule 50A

• Order of the Supreme Court soliciting comments on proposed new Supreme Court Rule 50A, filed February 10, 2010. Changes submitted by the Access To Justice Commission seek to establish an emeritus attorneys pro bono participation program. Comment deadiline April 12, 2010. Appendix includes proposed new Rule 50A.
• Order on Motions of TBA, BPR and Access to Justice Commission
  • Comments on Proposed Rule 50A

 

RULES OF EVIDENCE AND PROCEDURE

• Order filed September 28, 2009 soliciting written comments on proposed 2010 Amendments to Rules of Procedure and Evidence, including Appendix of proposed amendments (PDF)
  • Comments on Proposed Rules Changes
    

2010 Rules Package

Proposed Rule Changes (PDF) - The Court adopts the listed amendments effective July 1, 2010, subject to approval by resolutions of the General Assembly.

• Rules of Appellate Procedure - filed December 14, 2009.
• Rules of Civil Procedure - filed December 14, 2009.
  (includes section on Rule 26 of TRCivP)
  • Order withdrawing Rules 3 and 4 of Civil Procedure, filed February 1, 2010.
• Rules of Criminal Procedure - filed December 14, 2009.
• Rules of Evidence - filed December 14, 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
SR0178, passed the Senate on 2/17/2010
HR0238, passed the House on 2/22/2010

Tennessee Rules of Evidence
SR0181, passed the Senate on 2/17/2010
HR0236, passed the House on 2/22/2010

Tennessee Rules of Criminal Procedure
SR0179, passed the Senate on 2/17/2010
HR0235, passed the House on 2/22/2010

Tennessee Rules of Civil Procedure
SR0180, passed the Senate on 2/17/2010
HR0239, passed the House on 2/22/2010

Tennessee Rules of Civil Procedure relative to discovery of insurance
SR0177, did not pass the Senate - rule is not effective
HR0234, did not pass the House - rule is not effective



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