In the state of Tennessee, no
process server license is required. Any
pleading may be served by: any individual who is not associated with the
defendants party and is at least eighteen years of age. The process server
must be identified by name and address on the affidavit.
TABLE OF CONTENTS
RULE 4
PROCESS
Reserved.
RULE 4A
SERVICE
UPON DEFENDANT IN A FOREIGN COUNTRY
RULE 4B
SERVICE
UPON SECRETARY OF STATE AS AGENT FOR SERVICE OF APPEALS
RULE 5
SERVICE
AND FILING OF PLEADINGS AND OTHER PAPERS
RULE 5A FACSIMILE FILING OF PAPERS
Effect of
facsimile filing.
Facsimile
service charge.
Advisory
Commission Comment
RULE 6
TIME
Summons; Issuance; By Whom Served (1) Upon the
filing of the complaint the clerk of the court wherein the complaint is filed
shall forthwith issue the required summons and cause it, with necessary copies
of the complaint and summons, to be delivered for service to any person
authorized to serve process. This person shall serve the summons, and the
return indorsed thereon shall be proof of the time and manner of service. A
summons may be issued for service in any county against any defendant, and
separate or additional summonses may be issued against any defendant upon
request of plaintiff. Nothing in this rule shall affect existing laws with
respect to venue.
(2)A summons and complaint may be served by any person who is not a
party and is not less than 18 years of age. The process server must be
identified by name and address on the return.
(3) If a plaintiff or counsel for plaintiff (including third-party
plaintiffs) intentionally causes delay of prompt issuance of a summons or
prompt service of a summons, filing of the complaint (or third-party complaint)
is ineffective. [Amended by order filed December 10, 2003; effective July 1,
2004.]
Summons; Form The summons
shall be issued in the name of the State of Tennessee, be dated and signed by
the clerk, contain the name of the court and county, the title of the action,
and the file number. The summons shall be directed to the defendant, shall
state the time within which these rules require the defendant to appear and
defend, and shall notify the defendant that in case of his or her failure to do
so judgment by default will be rendered against that defendant for the relief
demanded in the complaint. The summons shall state the name and address of the
plaintiff's attorney, if any; otherwise, it shall state the plaintiff's
address.
Summons; Return (1) The person
serving the summons shall promptly make proof of service to the court and shall
identify the person served and shall describe the manner of serviceIf a summons
is not served within 90 days after its issuance, it shall be returned stating
the reasons for failure to serve. The plaintiff may obtain new summonses from
time to time, as provided in Rule 3, if any prior summons has been returned
unserved or if any prior summons has not been served within 90 days of
issuance.
(2)When process is served by mail, the original summons, endorsed as
below; an affidavit of the person making service setting forth the person's
compliance with the requirements of this rule; and, the return receipt shall be
sent to and filed by the clerk. The person making service shall endorse over
his or her signature on the original summons the date of mailing a certified
copy of the summons and a copy of the complaint to the defendant and the date
of receipt of return receipt from the defendant. If the return receipt is
signed by the defendant, or by person designated by Rule 4.04 or by statute,
service on the defendant shall be complete. If not, service by mail may be
attempted again or other methods authorized by these rules or by statute may be
used.
Service Upon Defendants within the
State The plaintiff shall furnish the person making the service with such
copies of the summons and complaint as are necessary. Service shall be made as
follows:
(1)Upon an individual other than an unmarried infant or an
incompetent person, by delivering a copy of the summons and of the complaint to
the individual personally, or if he or she evades or attempts to evade service,
by leaving copies thereof at the individual's dwelling house or usual place of
abode with some person of suitable age and discretion then residing therein,
whose name shall appear on the proof of service, or by delivering the copies to
an agent authorized by appointment or by law to receive service on behalf of
the individual served.
(2)Upon an unmarried infant or an incompetent person, by delivering a
copy of the summons and complaint to the person's residence guardian or
conservator if there is one known to the plaintiff; or if no guardian or
conservator is known, by delivering the copies to the individual's parent
having custody within this state; or if no such parent is within this state,
then by delivering the copies to the person within this state having control of
the individual. If none of the persons defined and enumerated above exist, the
court shall appoint a practicing attorney as guardian ad litem to whom the
copies shall be delivered. If any of the persons directed by this paragraph to
be served is a plaintiff, then the person who is not a plaintiff who stands
next in the order named above shall be served. In addition to the service
provided in this paragraph, service shall also be made on an unmarried infant
who is fourteen (14) years of age or more, and who is not otherwise
incompetent.
(3)Upon a partnership or unincorporated association (including a
limited liability company) which is named defendant under a common name, by
delivering a copy of the summons and of the complaint to a partner or managing
agent of the partnership or to an officer or managing agent of the association,
or to an agent authorized by appointment or by law to receive service on behalf
of the partnership or association.
(4)Upon a domestic corporation, or a foreign corporation doing
business in this state, by delivering a copy of the summons and of the
complaint to an officer or managing agent thereof, or to the chief agent in the
county wherein the action is brought, or by delivering the copies to any other
agent authorized by appointment or by law to receive service on behalf of the
corporation.
(5)Upon a nonresident individual who transacts business through an
office or agency in this state, or a resident individual who transacts business
through an office or agency in a county other than the county in which the
resident individual resides, in any action growing out of or connected with the
business of that office or agency, by delivering a copy of the summons and of
the complaint to the person in charge of the office or agency.
(6)Upon the state of Tennessee or any agency thereof, by delivering a
copy of the summons and of the complaint to the attorney general of the state
or to any assistant attorney general.
(7)Upon a county, by delivering a copy of the summons and of the
complaint to the chief executive officer of the county, or if absent from the
county, to the county attorney if there is one designated; if not, by delivering
the copies to the county court clerk.
(8)Upon a municipality, by delivering a copy of the summons and of
the complaint to the chief executive officer thereof, or to the city attorney.
(9)Upon any other governmental or any quasi-government entity, by
delivering a copy of the summons and of the complaint to any officer or
managing agent thereof.
(10) Service by mail of a summons and complaint upon a defendant may be
made by the plaintiff, the plaintiff's attorney or by any person authorized by
statute. After the complaint is filed, the clerk shall, upon request, furnish
the original summons, a certified copy thereof and a copy of the filed
complaint to the plaintiff, the plaintiff's attorney or other authorized person
for service by mail. Such person shall send, postage prepaid, a certified copy
of the summons and a copy of the complaint by registered return receipt or
certified return receipt mail to the defendant. If the defendant to be served
is an individual or entity covered by subparagraph (2), (3), (4), (5), (6),
(7), (8), or (9) of this rule, the return receipt mail shall be addressed to an
individual specified in the applicable subparagraph. The original summons shall
be used for return of service of process pursuant to Rule 4.03(2). Service by mail
shall not be the basis for the entry of a judgment by default unless the record
contains a return receipt showing personal acceptance by the defendant or by
persons designated by Rule 4.04 or statute. If service by mail is unsuccessful,
it may be tried again or other methods authorized by these rules or by statute
may be used. [Amended by order filed December 10, 2003; effective July 1,
2004.]
(11) When service of a summons, process, or notice is provided for or
permitted by registered or certified mail under the laws of Tennessee and the
addressee or the addressees agent refuses to accept delivery and it is so
stated in the return receipt of the United States Postal Service, the written
return receipt if returned and filed in the action shall be deemed an actual
and valid service of the summons, process, or notice. Service by mail is
complete upon mailing. For purposes of this paragraph, the United States Postal
Service notation that a properly addressed registered or certified letter is
unclaimed, or other similar notation, is sufficient evidence of the
defendants refusal to accept delivery. [Added by order filed December 10,
2003; effective July 1, 2004.]
Service Upon Defendant Outside This
State
(1) Whenever the law of this state authorizes service outside this state,
the service, when reasonably calculated to give actual notice, may be made:
(a)by any form of service authorized for service within this state
pursuant to Rule 4.04;
(b)in any manner prescribed by the law of the state in which service
is effected for an action in any of the courts of general jurisdiction in that
state;
(c)as directed by the court.
The provisions of this Rule (4.05) are inapplicable when service is
effected in a place not within any judicial district of the United States.
(2)Service of process pursuant to this Rule (4.05) shall include a
copy of the summons and of the complaint.
(3)Service by mail upon a corporation shall be addressed to an
officer or managing agent thereof, or to the chief agent in the county wherein
the action is brought, or by delivering the copies to any other agent
authorized by appointment or by law to receive service on behalf of the
corporation.
(4)Service by mail upon a partnership or unincorporated association
(including a limited liability company) that is named defendant under a common
name shall be addressed to a partner or managing agent of the partnership or to
an officer or managing agent of the association, or to an agent authorized by
appointment or by law to receive service on behalf of the partnership or
association.
(5)When service of summons, process, or notice is provided for or
permitted by registered or certified mail, under the laws of Tennessee, and the
addressee, or the addressee's agent, refuses to accept delivery, and it is so
stated in the return receipt of the United States Postal Service, the written
return receipt, if returned and filed in the action, shall be deemed an actual
and valid service of the summons, process, or notice. Service by mail is complete
upon mailing. For purposes of this paragraph, the United States Postal Service
notation that a properly addressed registered or certified letter is
unclaimed,or other similar notation, is sufficient evidence of the
defendant's refusal to accept delivery.
Reserved
Waiver of Service; Duty to Save Costs
of Service; Request to Waive
(1) A defendant who waives service
of a summons does not thereby waive any objection to the venue or to the
jurisdiction of the court over the person of the defendant.
(2)An individual, corporation, or association that is subject to
service and that receives notice of an action in the manner provided in this
paragraph has a duty to avoid unnecessary costs of serving the summons. To
avoid costs, the plaintiff may notify such a defendant of the commencement of
the action and request that the defendant waive service of a summons. The
notice and request
(a)shall be in writing and shall be
addressed directly to the defendant, if an individual, or else to an officer or
managing or general agent (or other agent authorized by appointment of law to
receive service of process) of a defendant subject to service;
(b)shall be dispatched through
first-class mail or other reliable means;
(c)shall be accompanied by a copy of
the complaint and shall identify the court in which it has been filed;
(d)shall inform the defendant of the
consequences of compliance and of a failure to comply with the request;
(e)shall set forth the date on which
the request is sent;
(f)shall allow the defendant a
reasonable time to return the waiver, which shall be at least 30 days from the
date on which the request is sent; and
(g)shall provide the defendant with an
extra copy of the notice and request, as well as a prepaid means of compliance
in writing.
If a defendant fails to comply with a request for waiver made by a
plaintiff, the court shall impose the costs subsequently incurred in effecting
service on the defendant unless good cause for the failure be shown.
(3)A defendant that, before being served with process, timely returns
a waiver so requested is not required to serve an answer to the complaint until
60 days after the date on which the request for waiver of service was sent.
(4)When the plaintiff files a waiver of service with the court, the
action shall proceed, except as provided in paragraph (3), as if a summons and
complaint had been served at the time of filing the waiver, and no proof of
service shall be required.
(5)The costs to be imposed on a defendant under paragraph (2) for
failure to comply with a request to waive service of a summons shall include
the costs subsequently incurred in effecting service together with the costs,
including a reasonable attorney's fee, of any motion required to collect the
costs of service.
Constructive Service. In cases where
constructive service of process is permissible under the statutes of this
state, such service shall be made in the manner prescribed by those statutes,
unless otherwise expressly provided in these rules.
Amendment. At any time in
its discretion and upon such terms as it deems just, the court may allow any
process or proof of service thereof to be amended, unless it clearly appears
that material prejudice would result to the substantial rights of the party
against whom the process issued.
[Added by order filed February 1, 1995, effective July 1, 1995; by order
effective July 1, 1997; and by order effective July 1, 1998. Amended by order
effective July 1, 2005.]
RULE
4A
SERVICE
UPON DEFENDANT IN A FOREIGN COUNTRY
Service upon (1) an individual from whom a waiver has not been
obtained and filed, other than an infant or an incompetent person, (2) a
corporation, or (3) a partnership or other unincorporated association
(including a limited liability company) may be effected in a place not within
any judicial district of the United States:
(1)by any internationally agreed means reasonably calculated to give
notice, such as those means authorized by the Hague Convention on the Service
Abroad of Judicial and Extrajudicial Documents; or
(2)if there is no internationally agreed means of service or the
applicable international agreement allows other means of service, provided that
service is reasonably calculated to give notice:
(A)in the manner prescribed by the law
of the foreign country for service in that country in an action in any of its
courts of general jurisdiction; or
(B)as directed by the foreign authority
in response to a letter rogatory or letter of request; or
(C)unless prohibited by the law of the
foreign country, by
(i)delivery to the individual
personally of a copy of the summons and the complaint; or
(ii)any form of mail requiring a signed
receipt, to be addressed and dispatched by the clerk of the court to the party
to be served; or
(3)in the case of a corporation, by service as provided in 4.04(4)
upon any corporation that has acted as the corporate defendant's agent in
relation to the matter that is the subject of the litigation or the stock of
which is wholly owned by the corporate defendant.
(4)by other means not prohibited by international agreement as may be
directed by the court. [Effective July 1, 1997.]
RULE
4B
SERVICE
UPON SECRETARY OF STATE AS AGENT FOR SERVICE OF APPEALS
(1) Whenever the law of this state permits service of any process,
notice, or demand, upon a defendant outside the territorial limits of this
state, the secretary of state may be served as the agent for that defendant.
Service shall be made by delivering to the secretary of state the original and
one copy of such process, notice, or demand, duly certified by the clerk of the
court in which the suit or action is pending or brought, together with the
proper fee. A statement that identifies the grounds for which service on the
secretary of state is applicable must be included.
(2)The secretary of state shall endorse the time of receipt upon the
original and copy and immediately shall promptly send, postage prepaid, the
certified copy by registered or certified return receipt mail to the defendant,
along with a written notice that service was so made. If the defendant to be
served is a corporation, the secretary of state shall send the copy, along with
a written notice that service of the original was made, addressed to such
corporation at its registered office or principal office as shown in the
records on the file in the secretary of state's office or as shown in the
official registry of the state or country in which such corporation is
incorporated. If none of the previously mentioned addresses is available to the
secretary of state, service may be made on any one (1) of the incorporator's at
the address set forth in the charter. The secretary of state may require the
plaintiff or the plaintiff's attorney to furnish the latter address.
(3)In case it shall appear, either before or after the lodging of
process as above provided that such nonresident is dead, then either original
or alias process may directed to the personal representative of such
nonresident deceased and shall be sent as herein provided to the court with
probate jurisdiction for the county and state of the residence of the deceased
at the time of the nonresident's death. No appearance need be made nor shall
judgment be taken against such personal representative until the lapse of sixty
(60) days from the date of mailing the process herein to such probate court.
The procedure for mailing such process and proof of service thereof shall be as
provided for service upon living persons.
(4)The fee paid by plaintiff, when fact of payment is endorsed on the
original process by the secretary of state, shall be taxed as plaintiff's cost,
to abide the judgment.
(5)Acceptance of such registered or certified mail by any member of
the addressee's family, over the age of sixteen (16) years and residing in the
same dwelling with him, shall constitute a sufficient delivery thereof to the
addressee.
(6)The refusal or failure of a defendant's agent, to accept delivery
of the registered or certified mail provided for in subpart (1), or the refusal
or failure to sign the return receipt, shall not affect the validity of such
service; and any such defendant refusing or failing to accept delivery of such
registered or certified mail shall be charged with knowledge of the contents of
any process, notice, or demand contained therein.
(7)When the registered or certified mail return is received by the
secretary of state or when a defendant refuses or fails to accept delivery of
the registered or certified mail and it is returned to the secretary of state,
the secretary of state shall forward the receipt or such refused or undelivered
mail to the clerk of the court which the suit or action is pending, together
with the original process, notice, or demand, a copy of the notice sent to the
defendant corporation and the secretary of state's affidavit setting forth his
or her compliance with this Rule. Upon receipt thereof, the clerk shall copy
the affidavit on the rule docket of the court and shall mark it, the receipt or
refused or undelivered mail, and the copy of notice as of the day received and
placed them in the file of the suit or action where the process and pleadings
are kept, and such receipt or refused or undelivered mail, affidavit, and copy
of notice shall be and become a part of the technical record in the suit or
action and thereupon service on the defendant shall be complete.
(8)The secretary of state shall keep a record of all processes,
notices, and demands served under this Rule, which record shall include the time
of such service and the secretary of state's action with reference thereto.
[Effective July 1, 1997; and amended by order effective July 1, 1998.]
RULE
5
SERVICE
AND FILING OF PLEADINGS AND OTHER PAPERS
Service When Required. Unless the court
otherwise orders, every order required by its terms to be served; every
pleading subsequent to the original complaint; every paper relating to
discovery required to be served on a party; every amendment; every written
motion other than one which may be heard ex parte; and, every written notice,
appearance, demand, offer of judgment, designation of record on appeal, and
similar papers shall be served upon each of the parties; but no service need be
made on parties adjudged in default for failure to appear, except that
pleadings asserting new or additional claims for relief against them shall be
served upon them in the manner provided for service of summons, or for
constructive service, in Rules 4, 4A, or 4B. [As amended by order entered
January 31, 1984, effective August 20, 1984; and by order entered January 26,
1999, effective July 1, 1999.]
Service How Made. Whenever under
these rules service is required or permitted to be made upon a party
represented by an attorney, the service shall be made upon the attorney unless
service upon the party is ordered by the court. Service upon the attorney or
upon a party shall be made by delivering to him or her a copy of the document
to be served, or by mailing it to such person's last known address, or if no
address is known, by leaving the copy with the clerk of the court. Delivery of
a copy within this rule means: handing it to the attorney or to the party; or
leaving it at such person's office with a clerk or other person in charge
thereof; or, if there is none in charge, leaving it in a conspicuous place
therein; or, if the office is closed or the person to be served has no office,
leaving it at the person's dwelling house or usual place of abode with some
person of suitable age and discretion then residing therein. Service by mail is
complete upon mailing. Items which may be filed by facsimile transmission
pursuant to Rule 5A may be served by facsimile transmission.
Service Proof of. Whenever any
pleading or other paper is served under 5.01 and 5.02, proof of the time and
manner of such service shall be filed before action is taken thereon by the
court or the parties. Proof may be by certificate of a member of the bar of the
court or by affidavit of the person who served the papers, or by any other
proof satisfactory to the court.
Service Numerous Defendants. In any action
in which there are unusually large numbers of defendants, the court, upon
motion or of its own initiative, may order that service of the pleadings of the
defendants and replies thereto need not be made as between the defendants and
that any cross-claim, counterclaim, or matter constituting an avoidance or
affirmative defense contained therein shall be deemed to be denied or avoided
by all other persons, and that the filing of any such pleading and service
thereof upon the plaintiff constitutes due notice of it to the parties. A copy
of every such order shall be served upon the parties in such manner and form as
the court directs.
Filing. All papers
after the complaint required to be served upon a party shall be filed with the
court either before service or within a reasonable time thereafter, but the
court may on motion of a party or on its own initiative order that depositions
upon oral examination; interrogatories; requests for documents; requests for
admission; and answers and responses thereto not be filed unless on order of
the court or for use in the proceeding. [As amended by order entered January
31, 1984, effective August 20, 1984.]
Filing with the Court Defined. The filing of
pleadings and other papers with the court as required by these rules shall be
made by filing them with the clerk of the court, except that the judge may
permit the papers to be filed with the judge, in which event he or she shall
note thereon the filing date and forthwith transmit them to the office of the
clerk. The clerk shall endorse upon every pleading and other papers filed with
the clerk in an action the date and hour of the filing. Recycled paper with the
highest feasible percentage postconsumer waste content is recommended and
encouraged for all papers filed with the court.
If papers required or permitted to be filed pursuant to the rules of
civil procedure are prepared by or on behalf of a pro se litigant incarcerated
in a correctinal facility and are not received by the clerk of the court until
after the time fixed for filing, filing shall be timely if the papers were
delivered to the appropriate individual at the correctional facility within the
time fixed for filing. This provision shall also apply to service of paper by
such litigants pursuant to the rules of civil procedure. Correctional
facilityshall include a prison, jail, county workhouse or similar institution
in which the pro se litigant is incarcerated. Should timeliness of filing or
service become an issue, the burden is on the pro se litigant to establish
compliance with this provision. [As amended by order entered May 25, 1993,
effective July 1, 1993; and by order effective July 1, 1997; as amended by
order entered January 28, 2000, effective July 1, 2000.]
RULE
5A
FACSIMILE
FILING OF PAPERS
Definitions
(1) "Facsimile filing" means the facsimile transmission of an
original document which is received in the original documents entirety by the
trial court clerk and filed by the clerk.
(2) "Facsimile machine" means a device capable of sending a
facsimile transmission using the international standard for scanning, coding,
and transmission established for Group 3 machines by the Consultative Committee
of International Telegraphy and Telephone of the International
Telecommunications Union in regular resolution. Any facsimile machine used to
send documents to a court must send at an initial transmission speed of no less
that 4800 baud and be able to generate a transmission record.
(3) Facsimile transmission" is the transmission of a document by a
system that encodes a document into electrical signals, transmits these
electrical signals over a telephone line, and reconstructs the signals to print
a duplicate of the original document at the receiving end.
(4) Sender is the person or entity sending the facsimile transmission to
the court.
(5) "Transmission record" means the document printed by the
sending facsimile machine stating the telephone number of the receiving
machine, the number of pages sent, the transmission time and date, and an
indication of any errors in transmission.
Filing procedures
(1) The trial court clerk shall accept papers for filing by facsimile
transmission as provided in this rule. The trial court clerk shall maintain a
dedicated telephone line for the clerks facsimile machine.
(2) Any document filed by facsimile transmission shall be accompanied by
the uniform cover sheet set forth in the comment to this rule stating: the
caption of the case; the trial court docket number; the title of the
transmitted document; the number of pages of the facsimile transmission
(including the cover sheet); the senders name, address, voice telephone
number, and facsimile telephone number; and the date of the facsimile
transmission. The cover sheet shall also contain clear and concise instructions
as to the filing of the transmitted document.
(3) The filing of the original document shall not be required after
facsimile filing. The sender shall retain the original document in the senders
possession or control during the pendency of the action and shall produce such
document upon request by the court or any party to the action. Upon failure to
produce such document, the court may strike the document filed by facsimile
transmission.
(4) The following documents shall not be filed in the trial court by
facsimile transmission:
(a) Any pleading or similar document for
which a filing fee and/or litigation tax must be paid (excluding the facsimile
service charge), including, without limitation, a complaint commencing a civil
action, an appeal from the general sessions court to the circuit court, and an
appeal to a trial court from an inferior tribunal, board or officer;
(b) A summons;
(c) A will or codicil to a will; a bond; or
any pleading or document requiring an official seal;
(d) A confidential document that the court
previously has ordered to be filed under seal;
(e) A notice of appeal.
(5) No facsimile filing shall exceed ten (10) pages in length, including
the cover sheet, unless authorized by the court; absent such authorization, a
facsimile transmission exceeding ten (10) pages, including the cover sheet,
shall not be filed by the clerk. A facsimile filing may not be split into
multiple facsimile transmissions to avoid this page limitation. All documents
filed by facsimile transmission shall comply with all applicable rules of
court, including, without limitation, rules governing the content and form of
pleadings and other papers; the signing of pleadings, motions and other papers;
and the service of all papers.
(6) The original document sent by facsimile transmission shall be on
letter-sized paper (8 by 11 inches). Originals on larger-sized paper may be
reduced prior to facsimile transmission if the reduction to 8 by 11 inch paper
renders a legible and complete copy of the original.
(7) The clerk is not required to notify the sender by return facsimile
transmission or voice telephone call that the facsimile document has been
received by the clerk or that the facsimile document has not been received in
its entirety. This provision shall not relieve the clerk of any notice
requirements imposed by law or by the court.
Effect
of facsimile filing
(1) A facsimile transmission received by the clerk after 4:30 p.m. but
before midnight, clerks local time, on a day the clerks office is open for
filing shall be deemed filed as of that business day. A facsimile transmission
received after midnight but before 8:00 a.m., clerks local time, on a business
day, or a facsimile transmission received by the clerk on a Saturday, Sunday,
legal holiday, or other day on which the clerks office for filing is closed,
shall be deemed filed on the preceding business day. Upon receiving a facsimile
transmission in its entirety, the clerk shall note the filing date on the
facsimile filing in the same manner as with original pleadings or other
documents filed by mail or in person. For purposes of this provision, received
by the clerk means the date and time the facsimile transmission is received by
the clerk as indicated by the date and time printed on the facsimile
transmission by the clerk's facsimile machine.
(2) A signature reproduced by facsimile transmission shall be treated as an
original signature.
(3) The sender bears the risk of using facsimile transmission to convey a
document to a court for filing, including, without limitation, malfunction of
facsimile equipment, whether the senders or the clerks equipment; electrical
power outages; incorrectly dialed telephone numbers; or receipt of a busy
signal from the clerks facsimile telephone number. In the event that a
facsimile transmission to the clerk is unsuccessful, the sender may file the
document by mail or in person; in such cases, the filing date shall be determined
as provided in Rules 5.06 and 6, Tenn. R. Civ. P. However, if a facsimile
transmission is not received in its entirety by the clerk because of a
transmission error, the sender may move acceptance nunc pro tunc by filing a
written motion with the court. The motion shall be accompanied by the senders
transmission record, the original document that was the subject of the
attempted transmission, and an affidavit of the sender detailing the facts
concerning the attempted transmission. The court, in its discretion, may order
filing of the original document nunc pro tunc.
Facsimile
service charge
The sender of the facsimile transmission shall pay to the trial court clerk
a service charge for each facsimile filing in the amount of five dollars
($5.00) plus one dollar ($1.00) per page of the facsimile filing (including the
cover sheet). Payment of the service charge, accompanied by a copy of the
facsimile filing cover sheet, shall be received by the trial court clerk not
later than ten (10) calendar days after the facsimile filing. The facsimile
service charge shall be paid by the sender as provided in this rule and shall
not be taxed as court costs, subject to the following exception. If the sender
is either a party who has been allowed to proceed on a paupers oath or an
attorney for such a party, timely payment of the facsimile service charge under
this rule is suspended, and the charges shall be taxed as court costs.
Advisory
Commission Comment
Rule 5A is adopted to provide for the filing of papers in the trial court
by facsimile transmission. Rule 5A.02(4), however, expressly provides that
certain documents (listed in that subparagraph) may not be filed via facsimile
transmission. In addition, the Commission points out that Rule 5A does not
authorize the service of documents by facsimile transmission. See Rule 5A.02(5)
(requiring, in pertinent part, compliance with all applicable rules of court
governing service of papers). Please refer to Rule 5, Tenn. R. Civ. P., for the
provisions in these Rules governing the service of pleadings and other papers
after the filing of the original complaint; amended Rule 5.02 permits service
by fax if filing by fax is permitted.
Rule 5A.02(1) requires the trial court clerk to maintain a dedicated
telephone line for the clerks facsimile machine. In those jurisdictions in
which it is not feasible for each clerk to maintain a dedicated telephone line
for facsimile filing, it is the Commissions intent that the respective clerks
may jointly maintain a dedicated telephone line for the use of the various
clerks. For example, the Circuit Court Clerk and the Clerk & Master in such
a jurisdiction may share a dedicated telephone line for facsimile filings in
their respective courts.
TENNESSEE
COURTS
UNIFORM FACSIMILE FILING COVER SHEET
TO (COURT CLERK): ____________________________________________________
WITH (COURT): ____________________________________________________
CLERKS FAX NUMBER: ____________________________________________________
CASE NAME: ____________________________________________________
DOCKET NUMBER: ____________________________________________________
TITLE OF DOCUMENT: ____________________________________________________
FROM (SENDER): ____________________________________________________
SENDERS ADDRESS: ____________________________________________________
____________________________________________________
SENDERS VOICE TELEPHONE NUMBER: ____________________________________
SENDERS FAX TELEPHONE NUMBER: ____________________________________
DATE: _______________ TOTAL PAGES, INCLUDING COVER PAGE: ___________
FILING INSTRUCTIONS/COMMENTS (attach additional sheet if necessary):
Unless
authorized by the Court, a facsimile transmission exceeding ten (10) pages,
including the cover page, shall not be filed by the clerk.
[Added by order filed december 10, 2003;effective July 1, 2004.]
RULE
6
TIME
Computation.
In computing any period of time prescribed or allowed by these rules, by
order of court, or by any applicable statute, the date of the act, event or
default after which the designated period of time begins to run is not to be
included.The last day of the period so computed shall be included unless it is
a Saturday, a Sunday, or a legal holiday, or, when the act to be done is the
filing of a paper in court, a day on which weather or other conditions have
made the office of the court clerk inaccessible, in which event the period runs
until the end of the next day which is not one of the aforementioned days. When
the period of time prescribed or allowed is less than eleven (11) days,
intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
[As amended by order entered January 21, 1988, effective August 1, 1988; and by
order entered January 26, 1999, effective July 1, 1999, and by order filed
December 10, 2003; effective July 1, 2004.]
Enlargement. When by statute or by these rules or by a
notice given thereunder or by order of court an act is required or allowed to
be done at or within a specified time, the court for cause shown may, at any
time in its discretion, (1) with or without motion or notice order the period
enlarged if request therefor is made before the expiration of the period
originally prescribed or as extended by a previous order, or (2) upon motion
made after the expiration of the specified period permit the act to be done,
where the failure to act was the result of excusable neglect, but it may not
extend the time for taking any action under Rules 50.02, 59.01, 59.03 or 59.04,
except to the extent and under the conditions stated in those rules. This
subsection shall not apply to the time provided in Tennessee Rule of Appellate
Procedure 4(a) for filing a notice of appeal, nor to the time provided in
Tennessee Rule of Appellate Procedure 24(b) & (c) for filing a transcript
or statement of evidence. [Effective July 1, 2001]
Unaffected by Expiration of Term Chambers
Orders
(1) The period of time provided for
the doing of any act or the taking of any proceeding is not affected or limited
by the continued existence or expiration of a term of court. The continued
existence or expiration of a term of court in no way affects the power of a
court to do any act or take any proceeding in any civil action which has been
pending before it.
(2)The judge or chancellor may make
or direct in chambers any order, rule, judgment or decree in any civil action,
except the conducting of a trial when a jury is required and of the hearing and
determination by final decree of any contested divorce case unless consented to
by the parties. [As amended July 1, 1979.]
For Motions Affidavits
(1) A written motion, other than
one which may be heard ex parte, and notice of the hearing thereof shall be
served not later than five (5) days before the time specified for the hearing,
unless a specific period is fixed by these rules or by order of the court. Such
an order may for cause shown be made on ex parte application.
(2)When a motion is supported by affidavit the affidavit shall be
served with the motion; except as otherwise provided in Rule 56.04 and Rule
59.03, opposing affidavits may be served not later than one (1) day before the
hearing, unless the court permits them to be served at some other time. [As
amended by order entered January 26, 1999, effective July 1, 1999 and by order
entered January 28, 2000, effective July 1, 2000.]
Additional Time after Service by Mail. Whenever a party has the right or
is required to do some act or take some proceedings within a prescribed period
after the service of a notice or other paper upon such party and the notice or
paper is served upon such party by mail three (3) days shall be added to the prescribed
period.
In
Tennessee, lobbyists and state officials are always active in transforming laws
concerning civil procedure. As a
result, state information offered on our website may have been amended
recently. For contemporary process
serving and civil statutes, visit the official Tennessee Judicial System Court
website: http://www.tsc.state.tn.us/
