Tennessee Civil Procedure Flashcards

Under Tennessee Rule of Civil Procedure 56, summary judgment is appropriate when:

Answer: There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law

Summary judgment is granted under TRCP 56 when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Tennessee's comparative fault system for personal injury is best described as:

Answer: Modified comparative fault with a 50% bar

Tennessee follows a modified comparative fault system where a plaintiff is barred from recovery if their fault is 50% or greater (McIntyre v. Balentine).

Under TRCP Rule 15, a party may amend its pleading as a matter of course within how many days after service of the pleading?

Answer: 21 days

Under TRCP Rule 15.01, a party may amend a pleading once as a matter of course within 21 days after serving it.

In Tennessee, the discovery rule tolls the statute of limitations until the plaintiff:

Answer: Knows or should know of the injury and its cause

Tennessee's discovery rule tolls the limitations period until the plaintiff knows or reasonably should know of the injury and its cause.

A Tennessee Circuit Court judgment may be appealed to which court?

Answer: Tennessee Court of Appeals

Appeals from Tennessee Circuit Court civil judgments go to the Tennessee Court of Appeals as an intermediate appellate court.

Under Tennessee's savings statute (T.C.A. § 28-1-105), if an action is dismissed without prejudice, the plaintiff generally has how long to refile?

Answer: 1 year

Tennessee's savings statute gives a plaintiff one year to refile after a non-merits dismissal, even if the original statute of limitations has expired.