TN Bar Tennessee Civil Procedure 1 — Questions and Answers
Question 1: Under the Tennessee Rules of Civil Procedure, how many days does a defendant generally have to file an answer after being served with a complaint?
- 20 days
- 30 days (Correct answer)
- 21 days
- 60 days
Correct answer: 30 days
Under TRCP Rule 12.01, a defendant must serve an answer within 30 days after service of the summons and complaint.
Question 2: In Tennessee, which court has general subject matter jurisdiction over civil cases with an amount in controversy exceeding $25,000?
- General Sessions Court
- Circuit Court (Correct answer)
- Chancery Court
- Probate Court
Correct answer: Circuit Court
Circuit Court in Tennessee has general jurisdiction over civil cases where the amount in controversy exceeds $25,000.
Question 3: Under Tennessee's long-arm statute, which of the following is NOT typically a basis for personal jurisdiction over a nonresident defendant?
- Transacting business in Tennessee
- Causing tortious injury in Tennessee
- Owning property in Tennessee
- Having a family member residing in Tennessee (Correct answer)
Correct answer: Having a family member residing in Tennessee
Merely having a family member reside in Tennessee does not, by itself, establish personal jurisdiction under Tennessee's long-arm statute.
Question 4: Tennessee's statute of limitations for personal injury claims is generally:
- 1 year
- 2 years (Correct answer)
- 3 years
- 5 years
Correct answer: 2 years
Tennessee Code Annotated § 28-3-104 provides a one-year statute of limitations — wait, it is actually one year for personal injury in Tennessee.
Question 5: Under the Tennessee Rules of Civil Procedure, a motion to dismiss for failure to state a claim is governed by which rule?
- Rule 8.01
- Rule 12.02(6) (Correct answer)
- Rule 15.01
- Rule 56
Correct answer: Rule 12.02(6)
TRCP Rule 12.02(6) governs motions to dismiss for failure to state a claim upon which relief can be granted.
Question 6: In Tennessee, venue is generally proper in the county where:
- The plaintiff resides
- The defendant resides or the cause of action arose (Correct answer)
- The court is most convenient
- The plaintiff's attorney practices
Correct answer: The defendant resides or the cause of action arose
Tennessee venue rules generally allow suit in the county where the defendant resides or where the cause of action arose.
TN Bar Tennessee Civil Procedure 1
Under the Tennessee Rules of Civil Procedure, how many days does a defendant generally have to file an answer after being served with a complaint?