Rule 5.01. Service — When Required


TRCP Rule 5.01 is followed in its entirety and the following language is also added:

Every pleading subsequent to the original complaint, every amendment, every written motion other than one which may be heard ex parte, every appearance, offer of judgment, designation of record on appeal and brief shall have a copy also served upon the Commission before whom the action is pending. Interrogatories, depositions, admissions and other documents involving discovery do not need to be served upon the Commissioner or filed with the Clerk of the Commission until it is necessary for the Commissioner to weigh it as evidence or make a ruling regarding a disputed matter of discovery.

Editor’s Note:  The text of original Tenn. R. Civ. Pro. 5.1 is set forth below so that the reader can readily see the changes adopted by the Claims Commission.

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.]

Click here for Advisory Commission Comments to Rules 5.01-5.06.


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