New TN Rules of Civil Procedure 2022

On December 14, 2021, the Tennessee Supreme Court issued an order amending the Tennessee Rules of Civil Procedure, particularly with respect to electronic signatures.

Electronic filing was first allowed by the Tennessee courts in 2010, when the Court adopted Rule 5B, which allowed trial courts to adopt e-filing by local rule.  In 2020, this rule was extended to allow for service to be accomplished electronically.  The new rule amendments make clear that electronic signatures are now permitted, and that all trial courts are required to accept documents signed electronically.

Under the new amendment of Rule 5B, the electronic signature may be in the form of s/___________ (typed out), a graphic representation of an electronic signature, a digital graphic representation of the signature as signed by the person, or a combination of those methods.  The Advisory Commission noted that the new rule included, but was not limited to, signatures completed in DocSign and Adobe signing programs.

The amendment also adds language to Rule 11 making clear that the signature required by that rule may be an electronic signature.

The high court also added a new section to Rule 45, which governs subpoenas.  Under the new section, numbered 45.09, the clerk of court is empowered to issue subpoenas in either paper or electronic form.  The rule clarifies that an electronic signature on the subpoena is treated as an original signature.  The due date for payment of the subpoena fee, with the exception of pauper cases, is set by the new rule as ten days after issuance of the electronic subpoena.

In its comments to the Court, the Knoxville Bar Association had expressed its concern that the authorization of electronic subpoenas might open the door to abuses by parties requesting numerous electronic subpoenas in bad faith, although it conceded that Rule 45.07 would  serve as a deterrent in many cases.  Notwithstanding this objection, the court adopted the rule in substantially the same form as originally proposed.

Finally, the court clarified Rule 58 to make clear that the effective date of all court orders is the filing date, unless some other rule provides to the contrary.  The prior version of the rule could have been read to mean that this rule applied only to entries of judgment or other orders of final disposition.

The amended rules will take effect on July 1, 2022, subject to approval by resolution of the General Assembly.