Rule 1. Scope of Rules
(1) TRCP Rule 1 is not followed. The following language is substituted in its place:
(a) These rules shall govern the procedure in the Tennessee Claims Commission. These rules shall be construed to secure the just, speedy and inexpensive determination of every action. Where “judge” appears in TRCP or Rules of Evidence it shall include the Commissioners of the Claims Commission. Where “court” appears in TRCP or the Rules of Evidence, it shall include the Claims Commission.
Editor’s Note: The text of original Tenn. R. Civ. Pro. is set forth below so that the reader can readily see the changes adopted by the Claims Commission.
Subject to exceptions as are stated in particular rules, the Rules of Civil Procedure shall govern procedure in the circuit or chancery courts in all civil actions, whether at law or in equity, and in all other courts while exercising the civil jurisdiction of the circuit or chancery courts. These rules shall be construed to secure the just, speedy, and inexpensive determination of every action.
The Rules of Civil Procedure shall not apply to general sessions courts except as follows.
(1) The rules shall apply to general sessions courts exercising civil jurisdiction of the circuit or chancery courts;
(2) The rules shall apply after appeal or transfer of a general sessions civil lawsuit to circuit court; and
(3) Rule of Civil Procedure 69 governing execution on judgments shall apply to civil judgments obtained in general sessions courts.
[Amended by order entered January 6, 2005, effective July 1, 2005.]
Advisory Commission Comments
This rule makes it clear that these Rules establish identical procedures for circuit and chancery courts and for those other courts of record which have been established by special or private acts of the General Assembly and which have jurisdiction similar to that of the circuit or chancery court, or of both. The Rules are not applicable to general sessions courts in the exercise of jurisdiction conferred by general statutes, but if a particular general sessions court exercises, under authority of a special or private act of the General Assembly, special jurisdiction similar to that of the circuit or chancery court, then these Rules do apply to that court in the exercise of that special jurisdiction.
Advisory Commission Comment [2005]
The amendment makes Rule 69 applicable to execution on judgments obtained in a general sessions court.
Advisory Commission Comment [2009]
A modified Rule 60 procedure to obtain relief from a general sessions court judgment is available by statute, T.C.A. § 16-15-727.
