Rule 7.03. Demurrers, Pleas, etc., Abolished

Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used. Advisory Commission Comments.

7.01: Rule 7.01 adopts the federal practice of cutting off pleadings after complaint and answer, except that a reply or answer by plaintiff is allowed in cases of counterclaim and cross-claim, and a third-party answer is allowed where a third-party complaint is filed.

7.02: Because of the importance of motions in the procedures set out in these Rules, it is desirable that motions, other than those made at a hearing or trial and which may not have been anticipated in time to put them in writing, be made in writing. 7.03: Rule 7.03 is a corollary to the simplification of a pleading provided in Rule 7.01. The function of the demurrer, plea, etc., can be served by one of the pleadings allowed under Rule 7.01 or by motion.

Committee Notes

Advisory Commission Comment [2103].

The 2013 Advisory Commission Comment to Tenn. R. Civ. P. 3 provides guidance for determining whether a statutorily authorized “petition” is considered a “complaint” or a “motion” for purposes of the Rules of Civil Procedure.