DocDraft Logo

Tennessee Motion to Dismiss

In Tennessee you move to dismiss under Tenn. R. Civ. P. 12.02 within the 30-day answer window.

Introduction

In Tennessee the pre-answer challenge to a complaint is a motion to dismiss under Tenn. R. Civ. P. 12.02, the rule that mirrors the federal Rule 12(b) menu of defenses but uses Tennessee's distinctive decimal numbering. The rule is cited as 12.02, and the failure-to-state-a-claim ground is 12.02(6), not 12(b)(6). At the pleader's option, seven enumerated defenses may be raised by written motion instead of in the answer: lack of subject-matter jurisdiction, lack of personal jurisdiction, improper venue, insufficiency of process, insufficiency of service of process, failure to state a claim upon which relief can be granted, and failure to join a party under Rule 19. The motion shares the answer window: a defendant serves an answer within 30 days after service of the summons and complaint under Rule 12.01, and the motion is made before pleading in place of the answer for now. If the court denies the motion or postpones its disposition until trial on the merits, the responsive pleading is served within 15 days after notice of the court's action under Rule 12.01. Missing the 30-day window risks a default. You file in whichever general-jurisdiction trial court holds the case, Circuit Court (law) or Chancery Court (equity). DocDraft drafts a Tennessee-formatted motion to dismiss from your facts, with attorney review available before you file.

0/5000

Key Things to Know

  1. 1

    Tennessee's pre-answer challenge to a complaint is a motion to dismiss under Tenn. R. Civ. P. 12.02. Tennessee uses decimal rule numbering, so the rule is cited as 12.02 and the failure-to-state-a-claim ground is 12.02(6), not 12(b)(6). Every defense must be asserted in the responsive pleading, except that the listed defenses may, at the pleader's option, be made by motion in writing.

  2. 2

    Rule 12.02 lists seven enumerated grounds: (1) lack of jurisdiction over the subject matter, (2) lack of jurisdiction over the person, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, and (7) failure to join a party under Rule 19. The grounds track the federal 12(b) list but carry decimal cites.

  3. 3

    The motion shares the answer window: a defendant serves an answer within 30 days after service of the summons and complaint under Tenn. R. Civ. P. 12.01. A Rule 12 motion is made before pleading and replaces the answer for now, tolling the 30-day clock while it is pending.

  4. 4

    If the court denies the motion or postpones its disposition until trial on the merits, the responsive pleading is served within 15 days after notice of the court's action, under Tenn. R. Civ. P. 12.01. The clock resets to 15 days rather than the original 30.

  5. 5

    Tennessee's statewide Rules of Civil Procedure impose no uniform meet-and-confer precondition to filing a Rule 12.02 motion. Local rules of individual judicial districts may add conference or consultation requirements for certain motions, so confirm the local rules of the trial court before filing.

  6. 6

    The most common ground is failure to state a claim upon which relief can be granted, which is subsection 12.02(6). It tracks federal Rule 12(b)(6). If matters outside the pleading are presented and not excluded by the court, a 12.02(6) motion is treated as one for summary judgment under Rule 56.

  7. 7

    You file in the trial court where the suit is pending: Circuit Court or Chancery Court. Tennessee's distinctive feature is this dual structure, with Circuit Court as a court of law and Chancery Court as a court of equity, both general-jurisdiction trial courts. The Rules of Civil Procedure apply in both but generally not in General Sessions Court.

Key Decisions

Choosing the Grounds for Dismissal

Timing and Strategy

Filing and Serving the Motion

Customize your Motion to Dismiss Template with DocDraft

STATE OF TENNESSEE

IN THE [CIRCUIT / CHANCERY] COURT FOR [COUNTY] COUNTY No. [CASE NUMBER]

[PLAINTIFF NAME], Plaintiff,

 v.

[DEFENDANT NAME], Defendant.

MOTION TO DISMISS

[Tenn. R. Civ. P. 12.02]

NOW COMES Defendant [DEFENDANT NAME], appearing [by counsel / pro se], and pursuant to Rule 12.02 of the Tennessee Rules of Civil Procedure, moves the Court to dismiss the Complaint filed by Plaintiff [PLAINTIFF NAME]. This motion is made before pleading and in place of an answer for now. Under Rule 7.02, this motion is made in writing and states with particularity the grounds set forth below and the relief sought.

GROUNDS FOR DISMISSAL

Defendant moves to dismiss the Complaint, and each claim for relief therein, on the following ground(s) under Tenn. R. Civ. P. 12.02:

  1. Failure to state a claim upon which relief can be granted. (Tenn. R. Civ. P. 12.02(6).)

[Add any additional applicable grounds from Rule 12.02: (1) lack of jurisdiction over the subject matter; (2) lack of jurisdiction over the person; (3) improper venue; (4) insufficiency of process; (5) insufficiency of service of process; (7) failure to join a party under Rule 19.]

MEMORANDUM IN SUPPORT

I. INTRODUCTION This motion challenges the legal sufficiency of the Complaint. On a Rule 12.02(6) motion, the well-pleaded allegations of the Complaint are taken as true, and the question is whether those allegations state a claim upon which relief can be granted. If matters outside the pleading are presented and not excluded by the Court, the motion is treated as one for summary judgment under Rule 56.

II. STATEMENT OF FACTS [Summarize the allegations of the Complaint as relevant to the grounds raised.]

III. ARGUMENT [State the legal basis for each ground. Argue why the Complaint fails to state a claim upon which relief can be granted and/or why any other Rule 12.02 ground applies.]

IV. CONCLUSION For the foregoing reasons, Defendant respectfully requests that the Court grant this Motion to Dismiss.

WHEREFORE, Defendant respectfully prays that the Court:

  1. Dismiss the Complaint, and each claim for relief therein;
  2. Grant such other and further relief as the Court deems just and proper.

This the [DAY] day of [MONTH], [YEAR].

[ATTORNEY OR SELF-REPRESENTED PARTY NAME] [Tenn. BPR No., if applicable] [Address] [Telephone] [Email] Attorney for Defendant / Defendant, pro se

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing MOTION TO DISMISS on the party or parties listed below by [method of service] on the date set forth below.

[PLAINTIFF / PLAINTIFF'S COUNSEL NAME AND ADDRESS]

This the [DAY] day of [MONTH], [YEAR].

[NAME OF PERSON SERVING]

[A supporting memorandum, page limits, and any proposed-order practice for a Rule 12.02 motion are set by the local rules of the judicial district and vary by court. The statewide Rules of Civil Procedure do not impose a uniform supporting-memorandum requirement or page limit. Check the local rules of your Circuit or Chancery Court.]

Tennessee Requirements for Motion to Dismiss

Answer or move within 30 days of service

A defendant serves an answer within 30 days after service of the summons and complaint, under Tenn. R. Civ. P. 12.01. A Rule 12 motion is made before pleading and replaces the answer for now, tolling the 30-day clock while it is pending.

Note the reset to 15 days if the motion is denied

If the court denies the motion or postpones its disposition until trial on the merits, the responsive pleading is served within 15 days after notice of the court's action, under Tenn. R. Civ. P. 12.01.

Identify the grounds under Rule 12.02

Select grounds from the seven enumerated in Tenn. R. Civ. P. 12.02: (1) lack of subject-matter jurisdiction, (2) lack of personal jurisdiction, (3) improper venue, (4) insufficiency of process, (5) insufficiency of service of process, (6) failure to state a claim upon which relief can be granted, and (7) failure to join a party under Rule 19. Tennessee uses decimal numbering, so cite grounds as 12.02(6), not 12(b)(6).

Raise failure to state a claim under Rule 12.02(6)

The failure-to-state-a-claim ground is subsection 12.02(6) and tracks federal Rule 12(b)(6). If matters outside the pleading are presented and not excluded by the court, a 12.02(6) motion is treated as one for summary judgment under Rule 56.

Put the motion in writing and state the grounds with particularity

Under Tenn. R. Civ. P. 7.02, the motion must be in writing, state with particularity the grounds, and set forth the relief or order sought. The statewide Rules of Civil Procedure do not impose a uniform supporting-memorandum requirement or page limit for a motion to dismiss.

Confirm any local briefing, page-limit, and conference requirements

Supporting-memorandum requirements, page limits, and any pre-motion conference or consultation requirements are set by the local rules of the individual judicial district. There is no statewide meet-and-confer precondition for a Rule 12.02 motion, so confirm the local rules of your trial court before filing.

File in the correct general-jurisdiction trial court

File in the trial court where the suit is pending, either Circuit Court (a court of law) or Chancery Court (a court of equity). Tennessee's two general-jurisdiction trial courts have largely concurrent civil jurisdiction. The Rules of Civil Procedure apply in both but generally not in General Sessions Court.

Serve the motion and confirm local proposed-order practice

Serve the motion to dismiss on the plaintiff or plaintiff's counsel. No statewide Rule of Civil Procedure requires a proposed order to accompany a Rule 12.02 motion, but proposed-order submission is commonly required by the local rules of the judicial district, so confirm the local rules of your Circuit or Chancery Court.

Frequently Asked Questions

In Tennessee you file a motion to dismiss under Tenn. R. Civ. P. 12.02. The motion is made before pleading and raises one or more of seven enumerated defenses at the pleader's option instead of asserting them in the answer. The motion must be in writing and state its grounds. You file it in the trial court where the suit is pending, either Circuit Court or Chancery Court.

A defendant serves an answer within 30 days after service of the summons and complaint, under Tenn. R. Civ. P. 12.01. A Rule 12 motion is made before pleading and replaces the answer for now. If the court denies the motion or postpones its disposition until trial on the merits, the responsive pleading is served within 15 days after notice of the court's action.

Tennessee uses decimal rule numbering, so the dismissal motion is brought under Tenn. R. Civ. P. 12.02 and the failure-to-state-a-claim ground is cited as 12.02(6), not 12(b)(6). The rule lists seven grounds: lack of subject-matter or personal jurisdiction, improper venue, insufficiency of process and of service of process, failure to state a claim, and failure to join a party under Rule 19. A 12.02(6) motion using outside matters converts to summary judgment.

Tennessee's Rules of Civil Procedure do not impose a statewide meet-and-confer requirement as a precondition to filing a Rule 12.02 motion to dismiss. Local rules of individual judicial districts may impose conference or consultation requirements for certain motions, so confirm the local rules of your trial court before filing.

If the court denies the motion or postpones its disposition until trial on the merits, the responsive pleading is served within 15 days after notice of the court's action, under Tenn. R. Civ. P. 12.01. The answer clock resets to 15 days from notice of the ruling rather than the original 30-day window.

You file in the trial court where the suit is pending. Tennessee has two general-jurisdiction trial courts with largely concurrent civil jurisdiction: Circuit Court, a court of law, and Chancery Court, a court of equity. The Rules of Civil Procedure apply in both Circuit and Chancery Court but generally not in General Sessions Court.