Rules of Civil Procedure | Tennessee Administrative Office of the Courts

2023 RULES PACKAGE - Resolutions - Rules of Civil Procedure ADM2023-01198

2025 Rules package- Resolutions - Rules of Civil Procedure ADM2024-01134

Tennessee Rules of Civil Procedure ADM2023-01208

RULE 1. SCOPE OF RULES

Rule 1: Scope of Rules.

RULE 2. ONE FORM OF ACTION

Rule 2: One Form of Action.

RULE 3. COMMENCEMENT OF ACTION

Rule 3: Commencement of Action.

RULE 3A. ENFORCEMENT OF FOREIGN JUDGMENTS

Rule 3A.01: Enrollment of Foreign Judgments.

Rule 3A.02: Notice of Filing.

Rule 3A.03: Clerk's Duties.

Rule 3A.04: Enrollment and Execution.

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.

RULE 4A. SERVICE UPON DEFENDANT IN A FOREIGN COUNTY.

Rule 4A: Service Upon Defendant in a Foreign Country.

RULE 4B. SERVICE UPON SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS

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.

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.

RULE 5B. ELECTRONIC FILING, SIGNING, OR VERIFICATION

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.

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.

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.

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.

RULE 9A. PETITION FOR TERMINATION OF PARENTAL RIGHTS; CONTENT OF PETITION

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.

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.

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.

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.

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.

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.

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.

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.

RULE 18. JOINDER OF CLAIMS AND REMEDIES

Rule 18.01: Joinder of Claims.

Rule 18.02: Joinder of Remedies.

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.

RULE 20. PERMISSIVE JOINDER OF PARTIES

Rule 20.01: Permissive Joinder.

Rule 20.02: Separate Trials.

RULE 21.

Rule 21: Misjoinder and Nonjoinder of Parties.

RULE 22. INTERPLEADER

Rule 22.01: Generally.

Rule 22.02: Procedure.

RULE 23. CLASS ACTIONS

Rule 23.01: Prerequisites to a Class Action.

Rule 23.02: Class Actions Maintainable.

RULE 23. CLASS ACTIONS

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.

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.

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.

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.

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.

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.

RULE 29.

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.

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.

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.

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.

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.

RULE 34A. SPOLIATION OF EVIDENCE

Rule 34A.01: Testing of Tangible Things.

Rule 34A.02: Other Spoliation.

RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS

Rule 35.01: Order for Examination.

Rule 35.02: Report of Examining Physician.

RULE 36. REQUESTS FOR ADMISSION

Rule 36.01: Request for Admission.

Rule 36.02: Effect of Admission.

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.

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.

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.

RULE 40.

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.

RULE 42. CONSOLIDATION: SEPARATE TRIALS

Rule 42.01: Consolidation.

Rule 42.02: Separate Trials.

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.

RULE 43A. JUROR INFORMATION

Rule 43A.01: Juror Notetaking.

Rule 43A.02: Juror Notebooks.

Rule 43A.03: Juror Questions of Witnesses.

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: Forms of Issuance of Subpoena

RULE 46.

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.

RULE 48.

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.

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.

RULE 52. FINDINGS BY THE COURT

Rule 52.01: Findings Required.

Rule 52.02: Amendment.

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.

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.

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.

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.

RULE 60. RELIEF FROM JUDGMENTS OR ORDERS

Rule 60.01: Clerical Mistakes.

RULE 60. RELIEF FROM JUDGMENTS OR ORDERS

Rule 60.02: Mistakes — Inadvertence — Excusable Neglect — Fraud, etc.

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.

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.

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.

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.

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