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No judgment by default shall be entered against the state of Tennessee or any officer or agency thereof unless the claimant establishes his claim or right to relief by evidence satisfactory to the court.

i. Text of Rule 12.01: A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her.

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.

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.

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.

§ 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.

Default judgment—overview the defendant must have been properly served with the claim. the defendant must not have responded to the claim, whether by acknowledgment of service or defence, and. the relevant time period for responding must have expired.

An entry of default is the first step to obtaining a default judgment against a party, and allows you to proceed in the action without further notice or input from the opposing party. An entry of default can come in two forms, an entry by the clerk or an entry by the judge.