Tennessee Administrative Office of the Courts

Rules of Civil Procedure

RULE 1. SCOPE OF RULES
1: Scope of Rules.
RULE 2. ONE FORM OF ACTION
2: One Form of Action.
RULE 3. COMMENCEMENT OF ACTION
3: Commencement of Action.
RULE 4. PROCESS
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.
RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
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.
RULE 5A. FACSIMILE FILING OF PAPERS
5A.01: Definitions.
5A.02: Filing Procedures.
5A.03: Effect of Facsimile Filing.
5A.04: Facsimile Service Charge.
RULE 5B. ELECTRONIC FILING, SIGNING, OR VERIFICATION
5B: Electronic Filing, Signing, or Verification
RULE 6. TIME
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.
RULE 7. PLEADING ALLOWED; FORM OF MOTIONS
7.01: Pleadings.
7.02: Motions and Other Papers.
7.03: Demurrers, Pleas, etc., Abolished.
RULE 8. GENERAL RULES OF PLEADING
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.
RULE 9. PLEADING SPECIAL MATTERS
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.
RULE 9A. PETITION FOR TERMINATION OF PARENTAL RIGHTS; CONTENT OF PETITION
9A: Petition for Termination of Parental Rights; Content of Petition.
RULE 10. FORM OF PLEADINGS
10.01: Caption — Names of Parties.
10.02: Paragraphs — Separate Statements.
10.03: Exhibits.
10.04: Adoption by Reference.
RULE 11. SIGNING OF PLEADINGS, MOTIONS, AND OTHER PAPERS; REPRESENTATIONS TO COURT; SANCTIONS
11.01: Signature.
11.02: Representations to Court.
11.03: Sanctions.
11.04: Inapplicability to Discovery.
RULE 12. DEFENSES AND OBJECTIONS: WHEN AND HOW PRESENTED: BY PLEADING OR MOTION: MOTION FOR JUDGMENT ON PLEADINGS
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.
RULE. 13 COUNTERCLAIM AND CROSS-CLAIM
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.
RULE 14. THIRD-PARTY PRACTICE
14.01: When Defendant May Bring in Third Party.
14.02: When Plaintiff May Bring in Third Party.
RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS
15.01: Amendments.
15.02: Amendments to Conform to the Evidence.
15.03: Relation Back of Amendments.
15.04: Supplemental Pleadings.
RULE 16. SCHEDULING AND PLANNING, PRETRIAL, AND FINAL PRETRIAL CONFERENCES AND ORDERS
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.
RULE 17. PARTIES PLAINTIFF AND DEFENDANT; CAPACITY
17.01: Real Party in Interest.
17.02: Capacity to Sue or Be Sued.
17.03: Infants or Incompetent Persons.
RULE 18. JOINDER OF CLAIMS AND REMEDIES
18.01: Joinder of Claims.
18.02: Joinder of Remedies.
RULE 19. JOINDER OF PERSONS NEEDED FOR JUST ADJUDICATION
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.
RULE 20. PERMISSIVE JOINDER OF PARTIES
20.01: Permissive Joinder.
20.02: Separate Trials.
RULE 21.
21: Misjoinder and Nonjoinder of Parties.
RULE 22. INTERPLEADER
22.01: Generally.
22.02: Procedure.
RULE 23. CLASS ACTIONS
23.01: Prerequisites to a Class Action.
23.02: Class Actions Maintainable.
RULE 23. CLASS ACTIONS
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.
RULE 24. INTERVENTION
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.
RULE 25. SUBSTITUTION OF PARTIES
25.01: Death.
25.02: Incompetency.
25.03: Transfer of Interest.
25.04: Public Officers - Death or Separation from Office.
RULE 26. GENERAL PROVISIONS GOVERNING DISCOVERY
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.
RULE 27. DEPOSITIONS BEFORE ACTION OR PENDING APPEAL
27.01: Before Action.
27.02: Pending Appeal.
27.03: Perpetuation by Action.
27.04: Filing and Recording.
RULE 28. PERSONS BEFORE WHOM DEPOSITIONS MAY BE TAKEN
28.01: Within the United States.
28.02: In Foreign Countries.
28.03: Disqualification for Interest.
RULE 29.
29: Stipulations Regarding Discovery Procedure.
RULE 30. DEPOSITIONS UPON ORAL EXAMINATION
30.01: When Depositions May Be Taken.
30.02: Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone.
30.03: Examination and Cross-Examination; Record of Examination; Oath; Objections.
30.04: Motion to Terminate or Limit Examination.
30.05: Submission to Witness; Changes; Signing.
30.06: Disposition.
30.07: Failure to Attend or to Serve Subpoena; Expenses.
RULE 31. DEPOSITIONS UPON WRITTEN QUESTIONS
31.01: Serving Questions; Notice.
31.02: Officer to Take Responses and Prepare Record.
31.03: Notice of Filing.
RULE 32. USE OF DEPOSITIONS IN COURT PROCEEDINGS
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.
RULE 33. INTERROGATORIES TO PARTIES
33.01: Availability; Procedures for Use.
33.02: Scope; Use at Trial.
33.03: Option to Produce Business Records.
RULE 34. PRODUCTION OF DOCUMENTS AND THINGS AND ENTRY UPON LAND FOR INSPECTION AND OTHER PURPOSES
34.01: Scope.
34.02: Procedure.
34.03: Persons not Parties.
RULE 34A. SPOLIATION OF EVIDENCE
34A.01: Testing of Tangible Things.
34A.02: Other Spoliation.
RULE 35. PHYSICAL AND MENTAL EXAMINATION OF PERSONS
35.01: Order for Examination.
35.02: Report of Examining Physician.
RULE 36. REQUESTS FOR ADMISSION
36.01: Request for Admission.
36.02: Effect of Admission.
RULE 37. FAILURE TO MAKE OR COOPERATE IN DISCOVERY: SANCTIONS
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.
RULE 38. JURY TRIAL OF RIGHT
38.01: Right Preserved.
38.02: Demand.
38.03: Demand — Cases Removed to Trial Court.
38.04: Demand — Specification of Issues.
38.05: Waiver.
RULE 39. TRIAL BY JURY OR BY THE COURT
39.01: By Jury.
39.02: By the Court.
39.03: Advisory Jury.
RULE 40.
40: Setting Cases for Trial.
RULE 41. DISMISSAL OF ACTIONS
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.
RULE 42. CONSOLIDATION: SEPARATE TRIALS
42.01: Consolidation.
42.02: Separate Trials.
RULE 43. EVIDENCE
43.01: Evidence at Trials.
43.02: Evidence at Motion Hearings.
43.03: Order of Expert Testimony.
43.04: Matters Considered by Court.
RULE 43A. JUROR INFORMATION
43A.01: Juror Notetaking.
43A.02: Juror Notebooks.
43A.03: Juror Questions of Witnesses.
RULE 44.
44: (Reserved).
RULE 44A.
44A: Interim Commentary.
RULE 45. SUBPOENA
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.
RULE 46.
46: Exceptions Unnecessary.
RULE 47. JURORS
47.01: Examination of Jurors.
47.02: Additional Jurors.
47.03: Procedures for Exercising Peremptory Challenges.
RULE 48.
48: Juries of Less Than Twelve: Majority Verdict.
RULE 49. SPECIAL VERDICTS AND INTERROGATORIES
49.01: Special Verdicts.
49.02: General Verdict Accompanied by Answer to Interrogatories.
RULE 50. MOTION FOR A DIRECTED VERDICT
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.
RULE 51. INSTRUCTIONS TO JURY: OBJECTION
51.01: Requests for Instructions.
51.02: Objection — Failure to Object.
51.03: Timing.
51.04: Written Form.
RULE 52. FINDINGS BY THE COURT
52.01: Findings Required.
52.02: Amendment.
RULE 53. MASTERS
53.01: Appointment and Compensation.
53.02: Powers.
53.03: Proceedings.
53.04: Report.
53.05: Application to References to Clerks and Masters.
RULE 54. JUDGMENTS AND COSTS
54.01: Definition — Form.
54.02: Multiple Claims for Relief.
54.03: Demand for Judgment.
54.04: Costs.
RULE 55. DEFAULT
55.01: Entry.
55.02: Setting Aside Default.
55.03: Plaintiffs, Counterclaims, Cross-Claimants.
55.04: Judgment Against the State of Tennessee.
RULE 56. SUMMARY JUDGMENT
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.
RULE 57.
57: Declaratory Judgments.
RULE 58.
58: Entry of Judgment.
RULE 59. NEW TRIALS AND ALTERATION OR AMENDMENT OF JUDGMENTS
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.
RULE 60. RELIEF FROM JUDGMENTS OR ORDERS
60.01: Clerical Mistakes.
RULE 60. RELIEF FROM JUDGMENTS OR ORDERS
60.02: Mistakes — Inadvertence — Excusable Neglect — Fraud, etc.
RULE 61.
61: (Reserved).
RULE 62. STAY OF PROCEEDINGS TO ENFORCE A JUDGMENT
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.
RULE 63.
63: Inability of a Judge to Proceed.
RULE 64.
64: Seizure of Person or Property.
RULE 65. INJUNCTIONS
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.
RULE 65A.
65A: Form of Security; Proceedings Against Sureties.
RULE 66.
66: Receivers.
RULE 67. DEPOSIT IN COURT
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.
RULE 68.
68: Offer of Judgment.
RULE 69. EXECUTION ON JUDGMENTS
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.
RULE 70.
70: Judgment for Specific Acts; Vesting Title.
RULE 71.
71: Condemnation of Property.
RULE 72.
72: Declarations Made Under Penalty of Perjury