Advisory Commission Comments to Rules 42.01-42.02

Advisory Commission Comments

42.01: Prior to the adoption of these Rules, statutes permitted consolidation of suits in certain types of cases, including suits involving (a) mechanics’ and materialmen’s liens, Tenn. Code Ann. § 66-11-132, (b) delinquent taxes, Tenn. Code Ann. § 66-5-2409, [Editor’s Note:  no such statute exists/ the Editor believes the Commission intended to refer to  Tenn. Code Ann. §67-5-2409; and (c) municipal annexation, Tenn. Code Ann. § 6-51-103. The Committee felt that the consolidation of actions or the hearing of them jointly should be encouraged in order to avoid unnecessary delay and expense and the duplication of effort.

42.02: This Rule allows the court, for convenience or to avoid prejudice, to order a separate trial of any one or more claims, cross-claims, counterclaims or third-party claims.

Advisory Commission Comment [1997]

Former constitutional concerns about a “right” to have a general jury verdict on all issues no longer exist in light of Ennix v. Clay, 703 S.W.2d 137 (Tenn. 1986).


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