Rule Changes

The Tennessee Supreme Court has adopted several changes to the rules of civil procedure, evidence and appellate procedure.  By orders dated earlier this month, the Court adopted the recommendations of the Rules Commission about the changes that were necessary.

The changes now go to the General Assembly for its review, where they can be passed or defeated but not amended.  Of course, the Court can always withdraw one or more rules if passage of the entire package is threatened by a rule change the Legislature does not like.

Here are the relevant orders.

The major changes:

TRCP 23.08 – provides for the disposition of residual funds after a class action case.

TRCP 34.03 – provides for the production of documents and things and inspection of property of non-parties.

TRCP 52.01 – provides that a trial judge must make findings of fact and conclusions of law in a non-jury case.

TRCP 65.03 – provides that ordinarily there must be notice to adverse party before getting a TRO.

TRE 703 – provides that data relied upon by experts that is otherwise inadmissible cannot be disclosed to jury absent a TRE 403-type weighing by the judge.

TRE 803(26) – provides for the admissibility, as substantive proof, of certain prior inconsistent statements.

In addition, there is a whole new set of e-discovery rules.