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← Tennessee Tennessee Rules of Civil Procedure

Part 1 — Scope of Rules; One Form of Action

1 Scope of Rules
2 One Form of Action

Part 2 — Commencement of Action

3 Commencement of Action D
3A.01 Enrollment of Foreign Judgments
3A.02 Notice of Filing
3A.03 Clerk's Duties
3A.04 Enrollment and Execution

Part 3 — Process

4A Service Upon Defendant in a Foreign Country
4B Service upon Secretary of State as Agent for Service of Process
4.01 Summons; Issuance; By Whom Served; Sanction for Delay D
4.02 Summons; Form
4.03 Summons; Return D
4.04 Service Upon Defendants within the State
4.05 Service Upon Defendant Outside This State
4.07 Waiver of Service; Duty to Save Costs of Service; Request to Waive D
4.08 Constructive Service
4.09 Amendment

Part 4 — Service and Filing of Pleadings and Other Papers

5A.01 Definitions
5A.02 Filing Procedures
5A.03 Effect of facsimile filing
5A.04 Facsimile Service Charge D
5B Electronic Filing, Signing, or Verification
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

Part 5 — Time

6.01 Computation
6.02 Enlargement
6.03 Unaffected by Expiration of Term — Chambers Orders
6.04 For Motions — Affidavits D
6.05 Additional Time after Service by Mail

Part 6 — Pleadings Allowed; Form of Motions

7.01 Pleadings
7.02 Motions and Other Papers
7.03 Demurrers, Pleas, etc., Abolished

Part 7 — 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

Part 8 — Pleading Special Matters

9A Petition for Termination of Parental Rights; Content of Petition
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

Part 9 — Form of Pleadings

10.01 Caption — Names of Parties
10.02 Paragraphs — Separate Statements
10.03 Exhibits
10.04 Adoption by Reference

Part 10 — Signing of Pleadings, Motions, and Other Papers

11.01 Signature
11.02 Representations to Court
11.03 Sanctions D
11.04 Inapplicability to Discovery

Part 11 — Defenses and Objections

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 D

Part 12 — 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

Part 13 — Third-Party Practice

14.01 When Defendant May Bring in Third Party D
14.02 When Plaintiff May Bring in Third Party

Part 14 — Amended and Supplemental Pleadings

15.01 Amendments
15.02 Amendments to Conform to the Evidence
15.03 Relation Back of Amendments D
15.04 Supplemental Pleadings

Part 15 — Pretrial Conferences; Scheduling; Management

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

Part 16 — Parties

17.01 Real Party in Interest
17.02 Capacity to Sue or Be Sued
17.03 Infants or Incompetent Persons
18.01 Joinder of Claims
18.02 Joinder of Remedies
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
20.01 Permissive Joinder
20.02 Separate Trials

Part 17 — Misjoinder and Nonjoinder of Parties

21 Misjoinder and Nonjoinder of Parties

Part 18 — Interpleader

22.01 Generally
22.02 Procedure

Part 19 — 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
23.06 Derivative Actions by Shareholders
23.07 Actions Relating to Unincorporated Associations
23.08 Disposition of Residual Funds

Part 20 — 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
24.05 Finality of Judgment

Part 21 — Substitution of Parties

25.01 Death D
25.02 Incompetency
25.03 Transfer of Interest
25.04 Public Officers - Death or Separation from Office

Part 22 — Depositions and Discovery

26.01 Discovery Methods
26.02 Discovery Scope and Limits D
26.03 Protective Orders
26.04 Sequence and Timing of Discovery
26.05 Supplementation of Responses
26.06 Discovery Conference D
26.07 Signing of Discovery Requests, Responses, and Objections
27.01 Before Action D
27.02 Pending Appeal
27.03 Perpetuation by Action
27.04 Filing and Recording
28.01 Within the United States
28.02 In Foreign Countries
28.03 Disqualification for Interest
29 Stipulations Regarding Discovery Procedure
30.01 When Depositions May Be Taken D
30.02 Notice of Examination: General Requirements; Special Notice; Non-Stenographic Recording; Production of Documents and Things; Deposition of Organization; Deposition by Telephone D
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 D
30.06 Disposition
30.07 Failure to Attend or to Serve Subpoena; Expenses
31.01 Serving Questions; Notice D
31.02 Officer to Take Responses and Prepare Record
31.03 Notice of Filing
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 D
33.01 Availability; Procedures for Use D
33.02 Scope; Use at Trial
33.03 Option to Produce Business Records
34A.01 Testing of Tangible Things
34A.02 Other Spoliation
34.01 Scope
34.02 Procedure D
34.03 Persons not Parties
35.01 Order for Examination
35.02 Report of Examining Physician
36.01 Request for Admission D
36.02 Effect of Admission
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

Part 23 — Trial

38.02 Demand
38.03 Demand — Cases Removed to Trial Court
38.04 Demand — Specification of Issues
38.05 Waiver
39.01 By Jury
39.02 By the Court
39.03 Advisory Jury

Part 24 — Setting Cases for Trial

40 Setting Cases for Trial

Part 25 — Dismissal of Actions; Consolidation

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
42.01 Consolidation
42.02 Separate Trials

Part 26 — Evidence

43A.01 Juror Notetaking
43A.02 Juror Notebooks
43A.03 Juror Questions of Witnesses
43.01 Evidence at Trials D
43.02 Evidence at Motion Hearings
43.03 Order of Expert Testimony
43.04 Matters Considered by Court

Part 27 — Proof of Official Record

44A Interim Commentary

Part 28 — 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 D
45.05 Subpoena for a Hearing or Trial — Personal Attendance
45.06 Contempt
45.07 Protection of Persons Subject to Subpoena D
45.08 Duties in Responding to Subpoena
45.09 Forms of Issuance of Subpoena D

Part 29 — Exceptions Unnecessary

46 Exceptions Unnecessary

Part 30 — Jurors

47.01 Examination of Jurors
47.02 Additional Jurors
47.03 Procedures for Exercising Peremptory Challenges
48 Juries of Less Than Twelve: Majority Verdict

Part 31 — Verdicts

49.01 Special Verdicts
49.02 General Verdict Accompanied by Answer to Interrogatories

Part 32 — Judgment as a Matter of Law

50.01 When Made — Effect
50.02 Reservation of Decision on Motion
50.03 Conditional Rulings on Grant of Motion D
50.04 Denial of Motion
50.05 Motion for New Trial Not Necessary after Directed Verdict

Part 33 — Instructions to Jury

51.01 Requests for Instructions
51.02 Objection — Failure to Object
51.03 Timing
51.04 Written Form

Part 34 — Findings by the Court

52.01 Findings Required
52.02 Amendment D

Part 35 — Masters

53.01 Appointment and Compensation
53.02 Powers
53.03 Proceedings
53.04 Report
53.05 Application to References to Clerks and Masters

Part 36 — Judgment

54.01 Definition — Form
54.02 Multiple Claims for Relief - Motion to Intervene
54.03 Demand for Judgment
54.04 Costs
55.01 Entry D
55.02 Setting Aside Default
55.03 Plaintiffs, Counterclaims, Cross-Claimants
55.04 Judgment Against the State of Tennessee D
56.01 For Claimant
56.02 For Defending Party
56.03 Specifying Material Facts D
56.04 Motion and Proceedings Thereon D
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

Part 37 — Declaratory Judgments

57 Declaratory Judgments

Part 38 — Entry of Judgment

58 Entry of Judgment

Part 39 — New Trials; Amendment of Judgments

59.01 Motions Included
59.02 Time for Motions
59.03 Time for Serving Affidavits D
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 D

Part 40 — Relief from Judgment or Order

60.01 Clerical Mistakes
60.02 Mistakes — Inadvertence — Excusable Neglect — Fraud, etc D

Part 42 — Stay of Proceedings to Enforce a Judgment

62.01 Initial Stay; Exceptions D
62.02 Additional Stay on Specified Timely Motions D
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

Part 43 — Inability of a Judge to Proceed

63 Inability of a Judge to Proceed

Part 44 — Seizure of Person or Property

64 Seizure of Person or Property

Part 45 — Injunctions

65A Form of Security; Proceedings Against Sureties D
65.01 Injunctive Relief
65.02 Requisites of Restraining Order or Injunction — Parties Bound
65.03 Restraining Order D
65.04 Temporary Injunction
65.05 Injunction Bond
65.06 Enforcement of Restraining Orders and Injunctions
65.07 Exceptions

Part 46 — Receivers

66 Receivers

Part 47 — 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

Part 48 — Offer of Judgment

68 Offer of Judgment D

Part 49 — Execution

69.01 Scope
69.02 Sequence
69.03 Discovery
69.04 Extension of Time D
69.05 Garnishment D
69.06 Execution on Personalty D
69.07 Execution on Realty D

Part 50 — Judgment for Specific Acts; Vesting Title

70 Judgment for Specific Acts; Vesting Title

Part 51 — Condemnation of Property

71 Condemnation of Property

Part 52 — Declarations Under Penalty of Perjury

72 Declarations Made Under Penalty of Perjury

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Tennessee Rules of Civil Procedure

Part 36 · Judgment

Rule 55.02. Setting Aside Default

Amended July 1, 2025 (current)

For good cause shown the court may set aside a judgment by default in accordance with Rule 60.02.

Source: Tenn. R. Civ. P. 55.02

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