Proposed Rule Changes
The Tennessee Supreme Court has requested comment on the proposed changes to the Rules of Procedure and Evidence. Among the proposed changes is the following interesting proposed amendment to Rule 15.01 of the Tennessee Rules of Civil Procedure:
[Insert between the existing second and third sentences:]
"For amendments adding defendants pursuant to Tenn. Code Ann. §20-1-119, however, written consent of the adverse party or leave of court is not required."
T.C.A. 20-1-119 is the statute which allows a plaintiff to sue a non-party in response to a comparative fault allegation notwithstanding any statutes of limitation.
To review all the proposed changes visit the AOC website.
I am more concerned about the amendment to the "Bearman" rule which states that depositions of treating physician's can not be used at trial, other than to impeach. Since physicians have a statory right to decline to appear at trial, the proposed rule change would make it impossible for a plaintiff to present medical proof. This should be strongly opposed