TN Bar Tennessee Civil Procedure 2 — Questions and Answers
Question 1: Under Tennessee Rule of Civil Procedure 56, summary judgment is appropriate when:
- The plaintiff requests it
- There is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law (Correct answer)
- The case is purely legal in nature
- Both parties consent to it
Correct 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.
Question 2: Tennessee's comparative fault system for personal injury is best described as:
- Pure contributory negligence
- Pure comparative fault
- Modified comparative fault with a 50% bar (Correct answer)
- Modified comparative fault with a 51% bar
Correct 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).
Question 3: Under TRCP Rule 15, a party may amend its pleading as a matter of course within how many days after service of the pleading?
- 15 days
- 21 days (Correct answer)
- 30 days
- 60 days
Correct 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.
Question 4: In Tennessee, the discovery rule tolls the statute of limitations until the plaintiff:
- Is actually harmed
- Knows or should know of the injury and its cause (Correct answer)
- Retains an attorney
- Files a complaint
Correct 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.
Question 5: A Tennessee Circuit Court judgment may be appealed to which court?
- Tennessee Supreme Court
- Tennessee Court of Appeals (Correct answer)
- Tennessee Court of Criminal Appeals
- Federal District Court
Correct answer: Tennessee Court of Appeals
Appeals from Tennessee Circuit Court civil judgments go to the Tennessee Court of Appeals as an intermediate appellate court.
Question 6: 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?
- 6 months
- 1 year (Correct answer)
- 2 years
- The original limitations period restarts
Correct 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.
TN Bar Tennessee Civil Procedure 2
Under Tennessee Rule of Civil Procedure 56, summary judgment is appropriate when: