Amendments To Rules of Evidence, Civil Procedure and Appellate Procedure

The General Assembly has ratified changes to the Tennessee Rules of Evidence, Civil Procedure, and Appellate Procedure.

Here is the Order setting forth the rules changes for the TRE, TRCP, and TRAP.

The most significant change for tort law practitioners is the change to TRCP 59.07.  This language will be added to the end of the current language:  "A new trial may be granted to all or any of the parties and on all or part of the issues in an action in which there has been a trial by jury for any of the reasons for which new trials have heretofore been granted."   The new comment provides that "[m]otion for new trial grounds have been governed by case law. A helpful list can be found
in Professor Larry A. Pivnick’s treatise, Tennessee Circuit Court Practice §28:1 (Thomson West)."

The rule changes are effective July 1, 2008.