Rules of Civil Procedure | Tennessee Administrative Office of the Courts

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