Changes to the Rules -- and a Change We Can Believe In
As I've previously written (download), kudos are due the Tennessee Supreme Court for adopting amendments to the Tennessee Supreme Court applicable to electronic discovery. But, amid all the discussion about the E-Discovery amendments, it’s easy to overlook another change that’s particularly important for plaintiffs.
Tennessee Civil Rule 55 was amended to address what happens when you file a motion for default after obtaining service by publication. Prior to the amendment, a plaintiff could obtain service by publication and file a motion for default. BUT, the plaintiff then needed to serve the motion for default by publication. What a waste. The amendment now appropriately recognizes that the motion for default need not be served by publication and that, in fact, no service is necessary. Another round of applause for the Drafters.
Now, I (with all respect) suggest the Drafters should consider another revision – a revision to permit service of pleadings by email. The Federal Rules permit service by electronic mail when the other lawyer consents in writing.
This would be an important revision to the Tennessee Rules. As it currently stands, if you serve a motion by mail and email as a courtesy, your opponent is entitled to the three extra days to file his response. (I know you are wondering how I know this; perhaps because I was relying on service by email to limit the amount of time to respond?…. )
An amendment to allow service by email would conform the Rules to the reality of practice in 2009 – that’s change we can believe in!
