Butler Snow LLP: Tennessee’s Proposed Amendments to Rule 26 Mandate Broad Initial Disclosures

Extract from Butler Snow LLP’s article “Tennessee’s Proposed Amendments to Rule 26 Mandate Broad Initial Disclosures”

In contrast to Federal Rule of Civil Procedure 26(a)(1), the Tennessee Rules of Civil Procedure do not require initial disclosures—but that could be changing soon.  On August 13, 2019, the Tennessee Supreme Court issued an order soliciting written comments regarding amendments to Tennessee Rule of Civil Procedure 26 proposed by the Advisory Commission on the Rules of Practice & Procedure.  While the proposed amendments recommend a number of changes pertaining to discovery, one of the most drastic proposals mandates initial disclosures in discovery that surpass the scope of the corresponding federal rule to encompass information relevant to the claims or defenses of any party.

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