by admin | May 14, 2021 | Civil Procedure, Tennessee
A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third party claim, may join, either as independent or as alternate claims, as many claims, legal or equitable, in contract or tort, as the party has against an opposing party.Tenn....
by admin | May 14, 2021 | Civil Procedure, Tennessee
Whenever an infant or incompetent person has a representative, such as a general guardian, conservator, or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly...
by admin | May 14, 2021 | Civil Procedure, Tennessee
(1) The capacity of any party to sue or be sued shall be determined by the law of this state.(2) Any partnership or other unincorporated association may sue and be sued in the name which it has assumed or by which it is known. Tenn. R. Civ. P. 17.02As amended July 1,...
by admin | May 14, 2021 | Civil Procedure, Tennessee
Every action shall be prosecuted in the name of the real party in interest; but an executor, administrator, guardian, bailee, trustee of an express trust, a party to whose rights another is subrogated, a party with whom or in whose name a contract has been made for...
by admin | May 14, 2021 | Civil Procedure, Tennessee
If a party or party’s attorney fails to obey a scheduling or pretrial order, or if no appearance is made on behalf of a party at a scheduling or pretrial conference, or if a party or party’s attorney is substantially unprepared to participate in the...
by admin | May 14, 2021 | Civil Procedure, Tennessee
After any conference held pursuant to this rule, an order shall be entered reciting the action taken. This order shall control the subsequent course of the action unless modified by a subsequent order. The order following a final pretrial conference shall be modified...
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