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Rule 8.04 – Effect of Failure to Deny

May 14, 2021 | Civil Procedure, Tennessee

Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. Averments in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading, except that the following allegations must be proved:

(1) Those against a person under any disability;
(2) Those against executors or administrators;
(3) Those necessary to sustain an action for divorce or annulment;
(4) Those against persons whose names and residences are unknown, where there has been no attachment of property.
(5) Those against persons whose parental rights are sought to be terminated.

Tenn. R. Civ. P. 8.04

Advisory Commission Comments [2009].

Even without denial of averments in an answer, allegations in a complaint must be proved in actions to terminate parental rights.