Rule 40 – SETTING CASES FOR TRIAL

by | May 14, 2021 | Civil Procedure, Tennessee

The courts shall provide by rule for the setting of cases for trial (a) without request of the parties but upon notice to the parties, or (b) upon request of a party and notice to other parties. Precedence shall be given to actions entitled thereto by any statute of...

Rule 39.03 – Advisory Jury

by | May 14, 2021 | Civil Procedure, Tennessee

Nothing in this rule shall impair the right of a court to empanel an advisory jury as that right existed prior to the adoption of these rules.Tenn. R. Civ. P. 39.03Advisory Commission Comments.39.01: Tennessee statutes governing trials by jury in chancery courts...

Rule 39.02 – By the Court

by | May 14, 2021 | Civil Procedure, Tennessee

Issues not demanded for trial by jury as provided in Rule 38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury as to any issue with respect to which demand might have been made of right, the court in its discretion upon motion...

Rule 39.01 – By Jury

by | May 14, 2021 | Civil Procedure, Tennessee

When trial by jury has been demanded as provided in Rule 38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless (a) the parties or their attorneys of record, by written stipulation filed with...

Rule 38.05 – Waiver

by | May 14, 2021 | Civil Procedure, Tennessee

The failure of a party to make demand as required by this rule constitutes a waiver by the party of trial by jury. A demand for trial by jury as herein provided may not be withdrawn without the consent of all parties as to whom issues have been joined.Tenn. R. Civ. P....