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.