Rule 13.01 – Compulsory Counterclaims

by | May 14, 2021 | Civil Procedure, Tennessee

A pleading shall state as a counterclaim any claim, other than a tort claim, which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing...

Rule 12.08 – Waiver of Defenses

by | May 14, 2021 | Civil Procedure, Tennessee

Waiver of Defenses – A party waives all defenses and objections which the party does not present either by motion as hereinbefore provided, or, if the party has made no motion, in the party’s answer or reply, or any amendments thereto, (provided, however,...

Rule 12.07 – Consolidation of Defenses

by | May 14, 2021 | Civil Procedure, Tennessee

A party who makes a motion under this rule may join it with the other motions herein provided for and then available to the party. If a party makes a motion under this rule and does not include therein all defenses and objections then available to the party which this...

Rule 12.06 – Motion to Strike

by | May 14, 2021 | Civil Procedure, Tennessee

Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within thirty (30) days after the service of the pleading upon him or upon the court’s own initiative at any time,...

Rule 12.04 – Preliminary Hearings

by | May 14, 2021 | Civil Procedure, Tennessee

On application of any party, the defenses specifically enumerated (1) through (8) in 12.02, whether made in a pleading or by motion, and the motion for judgment mentioned in 12.03 shall be heard and determined before trial unless the court orders that the hearing and...