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Rule 2 One Form of Action

Rule 2. One Form of Action

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Rule Text

All actions in law or equity shall be known as “civil actions.”

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Tennessee used to have separate types of lawsuits, with different rules depending on whether you were suing in "law" or in "equity." This rule gets rid of that old split. Now, no matter what kind of legal problem you have or what kind of relief you want, you file the same type of case: a "civil action."

This matters because it makes things simpler for anyone going to court. You don't have to figure out which old category your case fits into or follow different sets of procedures based on that label. One set of rules applies to civil cases, which cuts down on confusion and technical mistakes that used to trip people up before their case even got started.

Committee Notes

Advisory Commission Comments.

Prior to the adoption of these Rules, Tennessee practice spoke of “civil actions at law”(T.C.A. §20-201) [since repealed] and of “suits”in chancery (T.C.A. §21-102) [since repealed]. Rule 2 simplifies the terminology of applying a single term to all civil actions.

Advisory Commission Comment [2013].

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.