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
59.07 Motion for New Trial – Grounds
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