Tennessee Code Annotated
Tenn. Code Ann. § 16-3-402 (2026)
Other courts - General rules of practice
✓ current as of May 2026
The supreme court has the power to prescribe by general rules the forms of process, writs, pleadings and motions, and the practice and procedure in all of the courts of this state in all civil and criminal suits, actions and proceedings.
Acts 1965, ch. 227, § 1; 1975, ch. 376, § 1; T.C.A., § 16-112.
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1981–2026 · leading case: Fields v. State, 40 S.W.3d 450 (Tenn. 2001).
Fields v. State, 40 S.W.3d 450 (Tenn. 2001). “See Tenn. Code Ann. §§ 16-3-402 , -406; see also Tenn.”
State v. Hall, 958 S.W.2d 679 (Tenn. 1997). “In addressing the defendant's claim, the court noted that the supreme court has the authority to enact rules for our courts, T.C.A. § 16-3-402, and that the rules are approved by resolution of the General Assembly.”
State v. Best, 614 S.W.2d 791 (Tenn. 1981). “T.C.A. § 16-3-402. Such rules, as well as amendments and modifications thereof from time-to-time, take effect after the Supreme Court reports the rule to the General Assembly and both houses thereof have adopted a resolution of approval.”
In Re NHC-Nashville Fire Litig., 293 S.W.3d 547 (Tenn. Ct. App. 2008). “” The Tennessee legislature has given the Supreme Court “the power to prescribe by general rules the forms of process, writs, pleadings and motions, and the practice and procedure in all of the courts of this state.”
State v. Jerry Huskins, 989 S.W.2d 735 (Tenn. Crim. App. 1998). “” Tenn.Code Ann. § 16-3-402 (1994). “Each of the other courts of this state [courts other than the supreme court] may adopt additional or supplementary rules of practice and procedure not inconsistent with or in conflict with the rules prescribed by the supreme court.”
Rhonda Willeford v. Timothy P. Klepper, M. D. (Tenn. 2020). “” Tenn. Code Ann. § 16-3-402 (2009). However, “[t]he rules prescribed by the supreme court pursuant to § 16-3-402 shall not abridge, enlarge or modify any substantive right, and shall be consistent with the constitutions of the United States and Tennessee.”
In re: M.E.A. by: Elizabeth Joy Argo Exum v. Kimberly Darlene Moody (Tenn. Ct. App. 2004). “Rules of Juvenile Procedure, along with the Rules of Criminal Procedure, Rules of Civil Procedure, and Rules of Appellate Procedure, are promulgated by the joint action of the legislature and the Supreme Court, T.”
Connie Reguli v. Sharon Guffee (Tenn. Ct. App. 2016). “Tenn. Code Ann. § 16-3-402 (2009); State v.”
Windell Middleton v. City of Millington, Tennessee (Tenn. Ct. App. 2018). “” Tenn. Code Ann. § 16-3-402 . Once adopted and “[a]fter the rules have become effective, all laws in conflict with the rules shall be of no further force or effect.”
Dan McCaleb v. Michelle Long (6th Cir. 2025). “Tenn. Code Ann. § 16-3-402 . The Tennessee General Assembly created the Commission to “advise the supreme court from time to time respecting the rules of practice and procedure.”
State of Tennessee v. Tyrome Cameron Ferguson (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 16-3-402 . These rules take effect only upon the Chief Justice’s reporting them to the General Assembly and their approval by both the House of Representatives and the Senate.”
Herbert S. Moncier v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. Ct. App. 2013). “4 Tenn. Code Ann. § 16-3-401 . 5 Tenn. Code Ann.”
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