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Can you be sued without being served? To lawfully file a lawsuit, the plaintiff must serve the defendant (you) with a Summons and a copy of the Petition or Complaint. If the defendant fails to render service of such documents, the case will be dropped or continued until the service of process has taken place.

§ 4.03. The person serving the summons shall promptly make proof of service to the court and shall identify the person served and shall describe the manner of service. If a summons is not served within thirty (30) days after its issuance, it shall be returned with the reasons for the failure to serve stated thereon.

Remember that the Tennessee Rules of Civil Procedure allow for the service of a summons and complaint by regular mail. Rule 4.07 provides as follows: (1) A defendant who waives service of a summons does not thereby waive any objection to the venue or to the jurisdiction of the court over the person of the defendant.

If you receive a Motion to Dismiss or a Motion for Summary Judgment, you must respond no later than five business days before the motion is set for a hearing. The judge will hold a hearing to dismiss or for summary judgment over the phone.

Rule 15.01 of the Tennessee Rules of Civil Procedure provides a party may amend its pleading “once as a matter of course at any time before a responsive pleading is served[.]” A motion to dismiss is not a responsive pleading and under Rule 15.01 the plaintiff has an absolute right to file an amended complaint. Grose v.

If you receive a Motion to Dismiss or a Motion for Summary Judgment, you must respond no later than five business days before the motion is set for a hearing.

(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought.

With the exception of emergency hearings, preliminary hearings, detention hearings, or for good cause shown, all subpoenas for the attendance of witnesses shall be served at least 5 calendar days prior to the hearing.

(1) With the exception of an emergency hearing, preliminary hearing, or detention hearing, if a party to be served with a summons is within this state and can be found, the summons shall be served upon the party personally at least 3 days before the hearing.