TN Bar Tennessee Civil Procedure

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?

Accepted Answer

30 days

Answer

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?

Accepted Answer

Circuit Court

Answer

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?

Accepted Answer

Having a family member residing in Tennessee

Answer

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:

Accepted Answer

2 years

Answer

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?

Accepted Answer

Rule 12.02(6)

Answer

TRCP Rule 12.02(6) governs motions to dismiss for failure to state a claim upon which relief can be granted.

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