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