Rule 18.01 – Joinder of Claims

by | 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....

Rule 17.03 – Infants or Incompetent Persons

by | 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...

Rule 17.02 – Capacity to Sue or Be Sued

by | 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,...

Rule 17.01 – Real Party in Interest

by | 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...

Rule 59 – Effective Date

by | May 14, 2021 | Criminal Procedure, Tennessee

These rules take effect ninety (90) days subsequent to their approval by the General Assembly and the Governor. They govern all criminal proceedings thereafter commenced, and so far as just and practicable, all proceedings then pending.Tenn. R. Crim. P. 59Advisory...