RULE 7. PLEADING ALLOWED; FORM OF MOTIONS
Rule 7.03: Demurrers, Pleas, etc., Abolished.
Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
Advisory Commission Comments.
7.01: Rule 7.01 adopts the federal practice of cutting off pleadings after complaint and answer, except that a reply or answer by plaintiff is allowed in cases of counterclaim and cross-claim, and a third-party answer is allowed where a third-party complaint is filed.
7.02: Because of the importance of motions in the procedures set out in these Rules, it is desirable that motions, other than those made at a hearing or trial and which may not have been anticipated in time to put them in writing, be made in writing.
7.03: Rule 7.03 is a corollary to the simplification of a pleading provided in Rule 7.01. The function of the demurrer, plea, etc., can be served by one of the pleadings allowed under Rule 7.01 or by motion.
Advisory Commission Comment .
The 2013 Advisory Commission Comment to Tenn. R. Civ. P. 3 provides guidance for determining whether a statutorily authorized “petition” is considered a “complaint” or a “motion” for purposes of the Rules of Civil Procedure.Back to Top