New Rules Adopted by General Assembly

Posted on March 17, 2009 by John Day
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The Tennessee General Assembly has passed resolutions approving the rule changes proposed by the Tennessee Supreme Court.  The rule changes will be effective July 1, 2009.

Here is a brief summary:

  • Civil Procedure:  There are changes to 11 different rules or comments on rules  - Rule 1, 8, 12, 23, 34, 45, 51, 52, 55, 60 and 65.  Two of the most significant changes are (a) non-parties can be ordered to make property available for an inspection; (b) judges must state findings of fact and conclusions of law in non-jury trials.
  • Electronic Discovery:  A significant number of rules have been amended to incorporate specific rules concerning electronic discovery.  The new rules represent a substantial change in Tennessee law.
  • Evidence:  There are changes to 404, 703, 803 and 804.  The changes to Rule 703 and 803 are of particular importance to tort practitioners.
  • Appellate Procedure:  There are changes to Rule 13 (comment only) and 36; a new rule concerning mediation during an appeal is adopted as Rule 34.

The links will take you to the Order setting forth the rule changes.  I will discuss some of the more important changes in more detail during the coming weeks. 

 

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