Comment Period Coming to End for Proposed Amendments to Tennessee Rules of Civil Procedure

Every year the Advisory Commission on the Rules of Practice and Procedure presents recommendations to the Tennessee Supreme Court for amendments the Rules of Procedure and Tennessee Rules of Evidence.  The Court is soliciting written comments on the proposed amendments through November 30, 2009.  The significant proposed amendments to the Tennessee Rules of Civil Procedure are as follows:

 

Rule 4.01 – the filing of a complaint is ineffective if plaintiff’s counsel intentionally delays issuance of the summons or service for more than thirty (30) days

Rule 5.02 – permits service on attorney via e-mail if document is in Adobe PDF format.  The sender must mail, fax or hand-deliver a seperate notice that advises that the document served has been transmitted electronically.

Rule 5(b) – permits courts to adopt local rule allowing electronic filing.

Rule 26.02 – permits discovery of liability insurance.  

Rule 41.02(2) – requires findings of fact and conclusions of law in the event trial court dismisses an action pursuant to Rule 41.02.

Dan Berexa
Nashville, Tennessee