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Rule 7.03 Demurrers, Pleas, etc., Abolished

Rule 7. Pleading Allowed; Form of Motions

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Rule Text

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

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

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

Old-fashioned legal terms like "demurrers," "pleas," and "exceptions" are no longer used in Tennessee civil courts. These were traditional ways lawyers used to challenge a document filed in a lawsuit, saying it didn't have enough information or wasn't legally valid.

Instead of using these old terms, Tennessee courts now handle these kinds of challenges through motions, like a motion to dismiss. If someone thinks the other side's court filing is missing something it legally needs, they raise that problem through the modern motion process instead of these outdated methods.

This change simply modernizes the language and procedure used in court. It doesn't take away anyone's right to challenge a weak or incomplete filing. It just means that right gets exercised in a more current, straightforward way.

Committee Notes

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.

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.

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Last updated: August 2026

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