Tennessee Rules of Civil Procedure

Rule 1. Scope of Rules

Rule 2. One Form of Action

Rule 3. Commencement of Action

Rule 4. Process

4.01 - Summons; issuance; by whom served

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

Rule 4A. Service Upon Defendant in a Foreign Country

Rule 4B. Service Upon Secretary of State as Agent for Service of Appeals

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 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. Pleadings 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

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 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 trial - 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 conferences

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. 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

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

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. 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. Testing of Tangible Things

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 - Expenses on 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

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. 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. (Reserved)

Rule 44A. Interim Commentary

Rule 45. Subpoena

45.01 - For attendance of witnesses - form - issuance

45.02 - For production of documentary evidence

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 - Requirement of trial, hearing or deposition

Rule 46. Exceptions Unnecessary

Rule 47. Jurors

47.01 - Examination of jurors

47.02 - Additional jurors

47.03 - Procedures for exercising peremptory challenges

Rule 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

49.03 - Right to require general verdict

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 upon request

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 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. Declaratory Judgments

Rule 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

Rule 60. Relief from Judgments or Orders

60.01 - Clerical mistakes

60.02 - Mistakes - inadvertence - excusable neglect - fraud, etc

Rule 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. Inability of a Judge to Proceed

Rule 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. Form of Security; Proceedings Against Sureties

Rule 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. 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. Judgment for Specific Acts; Vesting Title

Rule 71. Condemnation of Property