TN Bar Tennessee Civil Procedure 3

Question 1

Under Tennessee law, class actions are governed by:

Accepted Answer

TRCP Rule 23

Answer

T.C.A. § 23-1-101

Answer

Federal Rule 23 as incorporated

Answer

Tennessee Consumer Protection Act exclusively

Question 2

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

Accepted Answer

Parties, claims, and a final judgment on the merits

Answer

Parties only

Answer

Claims only

Answer

Parties and attorneys

Question 3

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

Accepted Answer

Make initial disclosures without awaiting a discovery request

Answer

File all evidence with the court before trial

Answer

Obtain court permission before any deposition

Answer

Limit discovery to interrogatories and document requests

Question 4

The Tennessee Rules of Civil Procedure require that pleadings contain:

Accepted Answer

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

Answer

A detailed recitation of all evidence

Answer

Verified affidavits supporting each allegation

Answer

Specific dollar amounts for all claimed damages

Question 5

Interlocutory appeals in Tennessee civil cases are generally governed by:

Accepted Answer

Both TRAP Rule 9 and Rule 10

Answer

TRAP Rule 9 (permissive interlocutory appeals)

Answer

TRCP Rule 54

Answer

T.C.A. § 27-1-125

Question 6

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

Accepted Answer

Good cause shown

Answer

Any mistake by defendant's counsel

Answer

Agreement of the parties

Answer

Filing of a notice of appeal