Personal Injury Law

New Rules Adopted by General Assembly

By John A. Day

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. 

Full post as published by Day on Torts on March 17, 2009 (boomark / email).