Rule 8.General Rules of Pleading
Last verified July 2, 2026
Full Text of Rule 8
Advisory Commission Comments
Advisory Commission Comments [1993].
"Comparative fault" is substituted for "contributory negligence" in light of McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). Note that the defendant must identify or describe other alleged tortfeasors who should share fault, or else the defendant normally would be barred from shifting blame to others at trial.
Advisory Commission Comments [1998].
Perez v. McConkey, 872 S.W.2d 897 (Tenn. 1994), transformed implied assumption of risk from an absolute defense to a criterion position within comparative fault analysis. Contractual express assumption remains as a complete defense to liability.
Advisory Commission Comments [2000].
The former defense of injury by fellow servant was abolished by Glass v. City of Chattanooga, 858 S.W.2d 312 (Tenn. 1993).
Advisory Commission Comments [2004].
Because of the prevalence of long arm statutes providing personal jurisdiction over nonresidents, the amendment deletes the requirement of a prima facie case when the nonresident defendant fails to deny an allegation in the complaint.
Advisory Commission Comments [2006].
The affirmative defenses of statute of repose and workers' compensation immunity are added to the list in Rule 8.03.
Plain-English Summary
Rule 8.01 requires a claim for relief — whether an original claim, a counterclaim, a cross-claim, or a third-party claim — to contain a short and plain statement showing the pleader is entitled to relief, plus a demand for judgment, and it permits alternative or inconsistent demands for relief. Tennessee courts have not settled on a single reading of how much detail that "short and plain statement" requires: some early decisions read the rule to demand specific supporting facts, while more recent Tennessee Supreme Court decisions describe pleading requirements as generally undemanding, closer to the federal notice-pleading standard Rule 8.01 was modeled on.
Rule 8.02 requires a party to admit or deny each averment in short, plain terms, and it allows a party who lacks enough knowledge to form a belief about the truth of an allegation to say so, which has the effect of a denial. Rule 8.03 lists affirmative defenses — among them accord and satisfaction, arbitration and award, comparative fault, and the statute of limitations — that a party must raise in a responsive pleading or risk losing the defense.
Rule 8.04 treats an allegation as denied when no responsive pleading is required or allowed, and treats an allegation as admitted when a responsive pleading is required but the allegation goes unanswered — except for a short list of situations, such as claims against a person under disability or a claim to terminate parental rights, where the allegation must still be proved regardless of whether it was denied. Rule 8.05 requires pleadings to be simple, concise, and direct, permits pleading in the alternative even when the alternatives are inconsistent, and requires a claim or defense based on a statute, ordinance, or regulation to identify it or state the facts of the violation. Rule 8.06 requires every pleading to be construed to do substantial justice.
Frequently Asked Questions
How much detail does a Tennessee complaint need?
Rule 8.01 requires only a short and plain statement showing entitlement to relief. Tennessee courts have gone back and forth on how demanding that standard is, but recent Tennessee Supreme Court decisions describe it as generally undemanding, closer to federal notice pleading than to a strict fact-pleading requirement.
What happens if I do not respond to an allegation in the complaint?
Under Rule 8.04, an allegation that calls for a response is treated as admitted if it goes unanswered, with a short list of exceptions — including allegations against a person under disability and allegations seeking to terminate parental rights — that must be proved regardless of whether they were denied.
What are affirmative defenses under Rule 8.03?
Defenses a party must raise in its own responsive pleading rather than deny outright, including accord and satisfaction, arbitration and award, comparative fault, and the statute of limitations, among others listed in the rule.
Advisory Commission Comments.
8.01: Rule 8.01 provides that a pleading that sets forth a claim for relief must contain a short and plain statement of the claim and a demand for judgment for the relief sought. The rule also authorizes demands for alternative or different types of relief.
8.02: Rule 8.02 provides for the filing of the answer, which sets forth defenses to each claim asserted and which admits or denies the averments upon which the adverse party relies. If the defendant intends to controvert every averment of the complaint, the defendant may do so by a general denial, but the signature of the defendant's attorney, as required by Rule 11, is the certificate of the attorney that there is good ground to support the pleading; general denials under these circumstances should be rare.
8.03: Rule 8.03 lists affirmative defenses which must be raised in a pleading to a preceding pleading. The rule provides that the party relying upon a matter constituting an avoidance or affirmative defense must set forth the facts constituting such defenses in short and plain terms, just as under Rule 8.02 the party must set forth express denials of claims asserted by the adverse party.
8.04: Rule 8.04 adopts the general principle that averments in a pleading to which a responsive pleading is required are admitted when not denied in the responsive pleading. Four special cases involving subject matter or persons which might make the general rule oppressive are excepted from the operation of the Rule.
8.05: Rule 8.05(1) sets out the requirements for stating a claim or defense based upon a statute, ordinance or regulation. Rule 8.05(2) allows the statement of all the claims or defenses a party has, and expressly permits inconsistent pleading.