Advisory Commission Comments to Rules 19.01-19.04

Advisory Commission Comments

Advisory Commission Comment [2000]

The original version of 19.01 contained the following language. “This rule shall be construed to allow joint tortfeasors and obligors on obligations that are joint and several to be sued either jointly or severally.” The Supreme Court’s adoption of comparative fault, where tort liability is several rather than joint, makes the sentence incorrect in part. Samuelson v. McMurtry, 962 S.W.2d 473 (Tenn. 1998), requires that comparative tortfeasors be joined in a single lawsuit.

Advisory Commission Comment [2005]

The first sentence of Rule 19.01 is changed to refer to “service of process” rather than “jurisdiction” to make clear that personal rather than subject matter jurisdiction is intended.

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