Tennessee Civil Procedure Flashcards

Under Tennessee law, class actions are governed by:

Answer: TRCP Rule 23

Tennessee class actions are governed by TRCP Rule 23, which closely tracks the federal class action rule.

In Tennessee, the doctrine of res judicata bars relitigation when there is identity of:

Answer: Parties, claims, and a final judgment on the merits

Tennessee res judicata requires identity of parties, identity of claims, and a final judgment on the merits in the prior action.

Under TRCP Rule 26, parties in Tennessee civil litigation must generally:

Answer: Make initial disclosures without awaiting a discovery request

Tennessee Rule 26 requires parties to make initial disclosures of witnesses, documents, and damages computations without waiting for formal discovery requests.

The Tennessee Rules of Civil Procedure require that pleadings contain:

Answer: A short and plain statement of the claim showing the pleader is entitled to relief

TRCP Rule 8.01 requires only a short and plain statement of the claim showing the pleader is entitled to relief, consistent with notice pleading.

Interlocutory appeals in Tennessee civil cases are generally governed by:

Answer: Both TRAP Rule 9 and Rule 10

Tennessee allows interlocutory appeals under both TRAP Rule 9 (permissive) and Rule 10 (extraordinary appeals), covering different circumstances.

In Tennessee, a default judgment may be set aside under TRCP Rule 55.02 upon showing of:

Answer: Good cause shown

TRCP Rule 55.02 allows a court to set aside a default judgment for good cause shown, considering factors like culpability, prejudice, and meritorious defense.