Rule 9.01 – Capacity

by | May 14, 2021 | Civil Procedure, Tennessee

It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue...

Rule 8.06 – Construction of Pleadings

by | May 14, 2021 | Civil Procedure, Tennessee

All pleadings shall be so construed as to do substantial justice.Tenn. R. Civ. P. 8.06Advisory Commission Comments.8.01: Rule 8.01 provides that a pleading that sets forth a claim for relief must contain a short and plain statement of the claim and a demand for...

Rule 8.04 – Effect of Failure to Deny

by | 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...

Rule 8.03 – Affirmative Defenses

by | May 14, 2021 | Civil Procedure, Tennessee

In pleading to a preceding pleading, a party shall set forth affirmatively facts in short and plain terms relied upon to constitute accord and satisfaction, arbitration and award, express assumption of risk, comparative fault (including the identity or description of...

Rule 8.02 – Defenses – Form of Denials

by | May 14, 2021 | Civil Procedure, Tennessee

A party shall state in short and plain terms his or her defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an...