Rule 9.01. Capacity

It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or to be sued in a representative capacity, he or she shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.

Click here for Advisory Commission Comments to Rules 9.01-9.07.

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Tennessee Rules of Civil Procedure (Modified for Use in the Tennessee Claims Commission) Copyright © 2021 by BirdDog Law, LLC (No copyright claimed as to government works.). All Rights Reserved.