Tenn. Comp. R. & Regs. 0310 — Claims Commission

Chapter 0310-01-01 Rules of Procedure

Tenn. Comp. R. & Regs. 0310-01-01-.01 APPLICABILITY OF TENNESSEE RULES OF CIVIL PROCEDURE AND

CORRELATION WITH T.C.A. § 9-8-403(a)(1). Proceedings before the Tennessee Claims Commission shall be conducted pursuant to the Tennessee Rules of Civil Procedure (TRCP) and subsequent amendments and interpretations where applicable except where specifically modified by these rules.

Modifications are:

(1) TRCP Rule 1 is not followed. The following language is substituted in its place:

(a) These rules shall govern the procedure in the Tennessee Claims Commission. These rules shall be construed to secure the just, speedy and inexpensive determination of every action. Where “judge” appears in TRCP or Rules of Evidence it shall include the Commissioners of the Claims Commission. Where “court” appears in TRCP or the Rules of Evidence, it shall include the Claims Commission.

(2) TRCP Rule 3 is not followed. The following language is substituted in its place:

Commencing a Claim and Procedure Claims before the Commission are commenced in the manner described in T.C.A. §§ 9-8-301 et seq. and 401 et seq. especially 402.

(a) Tax Claims – Commenced Claims for taxes paid under protest are commenced by filing an original complaint and two copies with the Clerk of the Tennessee Claims Commission.

(b) All Other Claims – Commenced All other actions are commenced by filing a written notice of claim (see T.C.A. § 9-8- 402 for requirements) with the Division of Claims and Risk Management.

(c) From the Division of Claims and Risk Management to the Claims Commission:

A claim proceeds from the Division of Claims and Risk Management to the Claims Commission after the time periods set out in T.C.A. § 9-8-402(c) by either transfer from the Division of Claims and Risk Management (no action required by claimant) or by filing with the Claims Commission (claimant is required to act) within the time limit set out in T.C.A. § 9-8-402(c).

(d) Procedure Before the Claims Commission:

1. Small Claims Proceedings on Affidavit:

All claimants on the small claims docket proceeding on affidavit must file a “Notice Of Appeal” under oath and notarized accompanied by any and all witness statements under oath and notarized which the claimant wishes considered by the Claims Commission. The Clerk of the Claims Commission will notify all parties or their counsel and the Attorney General’s office which Commissioner is assigned to hear the action. The state will file a dispositive motion or countervailing affidavits within sixty (60) days of the date of notification by the Clerk of the assignment of a Commissioner. The claimant then has fifteen (15) days from receipt of the state’s response to file any response. The state then has fifteen (15) days to file any reply.

2. CICA, Pro Se Small Docket and Pro Se Worker’s Compensation Criminal Injury Compensation Claims, pro se Worker’s Compensation claims and pro se small docket claims shall proceed on the “Notice of Appeal” as set out in (d)1. and/or the original claim form filed with the Division of Claims and Risk Management.

3. All Other Claims:

When the Division of Claims and Risk Management has transferred a claim to the Claims Commission or when a plaintiff files with the Claims Commission an appeal from a denied claim, then the clerk will notify all parties or their counsel and the Attorney General’s office which Commissioner is assigned to hear the action. Within thirty (30) days of the receipt of the notification of assignment of a Commissioner, the claimant shall file a complaint (which complies with TRCP 8 and 10). If such a complaint has already been filed with the Division of Claims and Risk Management, then this requirement is satisfied.

Committee Comment Excepting claims transferred by the Division of Claims and Risk Management when moving from the Division of Claims and Risk Management to the Tennessee Claims Commission per (c), the Division of Claims and Risk Management provides “Notice of Appeal” forms which may be used. These forms are not required, but are especially helpful for small claims (d)1. An easy procedure for a claim where a complaint complying with TRCP 8 and 10 was filed with the Division of Claims and Risk Management, is to use a “Notice of Appeal” form and attach a copy of the original complaint to it.

(3) TRCP Rule 4 – Committee Comment: The rule on summons is retained for use by the state when bringing in third parties, and the like. The summons is not used by original claimants.

(4) TRCP Rule 5.01 is followed in its entirety and the following language is also added:

Every pleading subsequent to the original complaint, every amendment, every written motion other than one which may be heard ex parte, every appearance, offer of judgment, designation of record on appeal and brief shall have a copy also served upon the Commission before whom the action is pending. Interrogatories, depositions, admissions and other documents involving discovery do not need to be served upon the Commissioner or filed with the Clerk of the Commission until it is necessary for the Commissioner to weigh it as evidence or make a ruling regarding a disputed matter of discovery.

(5) TRCP Rule 7.02 is followed in its entirety and the following language is also added:

(a) All written motions shall be decided by the Commission without oral argument unless otherwise ordered. If any attorney feels that oral argument is particularly desirable on a given motion, he may accompany the motion with a request for oral argument. If the motion is made orally when both attorneys are before the Commission in person or by phone and the issue is not resolved at that time then the motion shall be reduced to writing as soon as practicable (this does not apply to motions made when a court reporter is present).

(b) Every motion that may require the resolution of an issue of law shall be accompanied by a memorandum of law citing supporting authorities and, where allegations of fact are relied upon, affidavits in support.

(c) Each party opposing a motion shall serve and file a response no later than fifteen (15) days after service of the motion, except that in case of motions for summary judgment the time shall be thirty (30) days after service of the motion. Failure to file a response shall indicate that there is no opposition to the motion. Provided, however, the Commission may act on the motion prior to the times set forth. In such event, the affected party may file a motion to reconsider within fourteen (14) days, or thirty (30) days in a case of a motion for summary judgment after service of the order reflecting the action of the Commission. A previously prevailing party on a motion shall not respond to a motion to reconsider unless the Commission orders a response.

(6) TRCP Rule 10.01 is followed, but is modified by deleting the reference to county and instead indicating the grand division where the claim is pending. If a pleading is filed before the claim is assigned to a Commissioner, then the grand division in which the plaintiff resides may be used.

(7) TRCP Rule 33 is followed in its entirety and the following language is also added:

(a) When to File: Do not file the original written questions with the Clerk of the Tennessee Claims Commission until (a) after the answers have been secured, and/or (b) at least ten days prior to the hearing of a motion, pre-trial conference or trial wherein the questions and/or answers will be needed as evidence, a basis for a motion to compel, or the like.

(b) Number and Format of Interrogatories:

1. No party shall serve on any other party more than thirty single question interrogatories, including subparts, without leave of the Commission. Any motion seeking permission to serve more than thirty interrogatories shall set out the additional interrogatories the party wishes to serve. The motion shall be accompanied by a memorandum giving reasons establishing good cause for the service of additional interrogatories. If a party is served with more than thirty interrogatories without an order of the Commission, he or she shall respond only to the first thirty in the manner provided by the Tennessee Rules of Civil Procedure. The parties may agree otherwise without the Commissioner’s permission.

2. After each separate question and subquestion, a blank space shall be provided reasonably calculated to enable the answering party to have his or her answer typed in. The answering party shall verify the answers immediately following his or her answer to the last interrogatory.

(8) TRCP Rule 36 is followed in its entirety and the following language is also added:

(a) Number, Format and Filing of Requests for Admissions:

Requests for admissions are subject to the same limitations and requirements as are set out for interrogatories in Rule 0310-01-01-.01(7)(b) above.

(9) TRCP Rule 40 is not followed. The following language is substituted in its place:

When either party has completed discovery and has completed arrangements for the presentation of medical evidence (such as stipulations with opposing party for the presentation of certain records or completed depositions, etc.) then that party may ask for a trial date from the office of the Commissioner before whom the claim is pending. This may be done by motion or by letter which will be treated as a motion.

(10) TRCP Rule 41 is followed in its entirety and the following Committee Comment is added:

Brown v. State, 787 S.W. 2nd 567, holds that the saving statute, T.C.A. § 28-1-105, does not apply to the Claims Commission.

(11) TRCP Rule 43 is followed in its entirety and the following language is also added:

(a) Rules of Evidence 1. Unless any other rule of procedure before the Commission or statute is to the contrary, the Rules of Evidence applicable to the Courts of the State of Tennessee shall be applicable to actions before the Commission.

2. Notwithstanding (a), statements of doctors, all medical records and estimates of repair or damages by a person who does car repair (engine or body) work for a living or who works at a business which engages in engine or body repair are admissible without being sworn to so long as a copy of said document is sent to the opposing party and the Commissioner before whom the claim is pending at least fifteen (15) days prior to the hearing. This time limit may be waived or a continuance granted by the presiding Commissioner if justice requires. This subsection applies to the small claims docket, to Criminal Injury Compensation claims and all pro se claims only.

(12) TRCP Rule 45.05 is followed in its entirety and the following language is also added:

(a) If a personal attendance subpoena is not requested at least fifteen (15) days prior to the hearing, no continuance for failure to appear will be granted, unless justice requires otherwise.

(13) TRCP Rule 52.01 is followed, but is modified by the deletion of its first sentence and the following substituted in its place:

Pursuant to T.C.A. § 9-8-403(j), the Commissioners shall provide findings of facts and conclusions of law on the disposition of all claims on the regular docket and on the disposition of all claims for Criminal Injuries Compensation.

(14) TRCP Rule 59 is followed in its entirety and the following is also added:

(a) Motion for En Banc Hearing by Tennessee Claims Commission: A motion by any party for an En Banc Hearing before the Tennessee Claims Commission is regarded as a motion for new trial and shall have the same effect as a motion for new trial in this rule and all other rules of procedure.

History

• Authority: T.C.A. §§ 9-8-306, 9-8-401, 9-8-402, 9-8-403(j), and Rules 33, 43, and 59 of the Tennessee Rules of Civil Procedure.
• Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992. Amendments filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-01-.02 TRANSFER TO CHANCERY OR CIRCUIT COURT

An application for transfer to Circuit or Chancery Court with venue pursuant to T.C.A. § 9-8-404 shall be by motion.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992.

Tenn. Comp. R. & Regs. 0310-01-01-.03 EN BANC HEARINGS

(1) The Commission, upon motion by either party or upon its own, may decide to hear or otherwise consider any matter En Banc either before or after a decision has been rendered or a hearing conducted by an individual Commissioner. When this motion is made by a party after an Order resolving the claim has been entered by an individual Commissioner, the motion for En Banc Hearing has the same effect as a motion for new trial.

(2) The motion shall set out the reasons why an En Banc Hearing is requested.

(3) Opposing party shall file any desired response within thirty (30) days or within a different time set by the Commissioner to whom the claim is assigned.

(4) The full Commission will consider the motion and the opposing party’s response. Oral argument may be requested by the Commission. Upon a determination to grant a hearing En Banc after a decision by an individual Commissioner, the Commission will further advise all parties whether the review will be limited to (a) argument of legal issues, (b) argument in general, (c) whether additional evidence may be introduced, or (d) whether there will be complete re-trial of all issues.

(5) The standard of review used by the Commission is de novo with no presumption of correctness of the decision of the individual Commissioner.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992.

Tenn. Comp. R. & Regs. 0310-01-01-.04 APPICABILITY OF SUPREME COURT RULES

The Claims Commission and those who practice law before it is subject to the Tennessee Supreme Court Rules in the same manner as courts, where applicable.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992.

Tenn. Comp. R. & Regs. 0310-01-01-.05 SEVERABILITY CLAUSE

If any provision of these rules or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to that end the provisions of these rules are declared to be severable.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992.

Tenn. Comp. R. & Regs. 0310-01-01-.06 THROUGH 0310-01-01-.72 REPEALED

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rule filed April 9, 1986; effective May 9, 1986. Repeal and new rule filed May 29, 1992; effective August 29, 1992. Repeal filed May 29, 1992; effective August 29, 1992.

Tenn. Comp. R. & Regs. 0310-01-01-.73 PRIVACY

(1) Those filing documents of any kind with the Claims Commission shall refrain from including, or shall redact as follows where inclusion is necessary, the following personal identifiers from all documents filed publicly with the Clerk, including exhibits thereto, unless required by statute or otherwise ordered by the Claims Commission:

(a) If a social security number must be included in a document, only the last four (4) digits of that number shall be used.

(b) If an individual’s date of birth must be included in a document, only the year shall be used.

(c) If a financial account number is relevant, only the last four (4) digits of the number shall be used.

(2) In addition, E-filers should exercise caution when filing documents that contain the following:

(a) Personal identifying numbers, such as driver’s license numbers;

(b) Medical records;

(c) Employment history;

(d) Individual financial information; and (e) Proprietary or trade secret information.

(3) It is the sole responsibility of the filing party that all documents comply with this Rule requiring redaction of personal identifiers. The Clerk will not review each document for redaction.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rule filed May 10, 2019; effective August 8, 2019.

Chapter 0310-01-02 Electronic Filing

Tenn. Comp. R. & Regs. 0310-01-02-.01 PURPOSE

These rules implement voluntary electronic filing (“E-filing”) of documents in the Tennessee Claims Commission.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.02 DEFINITIONS

(1) “Claims Commission” or “Commission” means the Tennessee Claims Commission created pursuant to T.C.A. § 9-8-301.

(2) “Clerk” means the clerk of the Claims Commission.

(3) “Document” means a complaint, motion, request, exhibit, brief, memorandum of law, or other instrument in paper form or electronic form that is permitted to be filed in the Claims Commission.

(4) “E-file” or “E-filing” means the electronic transmission of a Document in a claim pending in the Claims Commission, using the E-filing System maintained by the Clerk.

(5) “E-filer” means a Registered User who submits a Document for E-filing through the E-filing System.

(6) “E-filing System” means a web-based system maintained by the Clerk for the purpose of providing a means for E-filers to transmit a Document to the Clerk for filing.

(7) “Electronic Signature” means a signature line beginning with an “s/” followed by the typewritten name of the signatory.

(8) “E-service” means the electronic transmission of an e-filed Document to a party or a party’s attorney through the E-filing System.

(9) “Portable Document Format” or “PDF” means the computer file format developed by Adobe Systems Incorporated for representing documents in a manner that is independent of the original application software, hardware, and operating system used to create those documents.

August, 2019 2 (10) “Registered User” means any person listed in Rule 0310-01-02-.04 who has properly registered with the Clerk to E-file a Document in the Claims Commission.

(11) “Terms-of-Use Agreement” means that agreement established by the Clerk that sets forth the parameters for use of the E-filing System by all Registered Users.

(12) “Transaction Receipt” means an e-mail confirmation that is transmitted to an E-filer after an E-filer has submitted a Document to the Clerk to be filed through the E-filing System. The Transaction Receipt displays the date and time the Document was submitted by the E-filer.

The Transaction Receipt may serve as the E-filer’s proof of filing.

(13) “TRCP” means the Tennessee Rules of Civil Procedure.

(14) “User Guide” means the Claims Commission’s written guide for using the E-filing System, which shall be posted as a PDF document on the Claims Commission’s website (https://treasury.tn.gov/Explore-Your-TN-Treasury/About-the-Treasury/Claims-Commission).

All E-filers should periodically check the Claims Commission’s website for updates to the User Guide.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.03 APPLICATION AND SCOPE OF THE RULES

These Rules apply to all new claims filed in the Claims Commission after such date as the web-based Efiling System becomes operational. Such determination shall be made by the State Treasurer in consultation with the Chair of the Claims Commission and posted on the Claims Commission’s website.

Except as may otherwise be provided in these Rules, any Document that can traditionally be filed with the Claims Commission may be E-filed in accordance with these Rules. Such E-filings shall constitute the official filing of the documents for purposes of the rules governing the Claims Commission. The Claims Commission may exclude certain Documents and/or certain types of cases from E-filing. Notice of these excluded documents and/or cases, if any, will be provided on the Claims Commission’s website.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.04 REGISTERED USERS

The following persons may E-file a Document upon completion of the registration requirements of these Rules:

(1) An attorney licensed to practice law in Tennessee.

(2) An attorney admitted or who seeks to be admitted pro hac vice.

(3) Any party acting pro se in a case pending in the Claims Commission who is otherwise authorized by law to file Documents with the Claims Commission.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.05 REGISTRATION

Any person listed in Rule 0310-01-02-.04 who desires to E-file documents in the Claims Commission shall register with the Clerk. Upon receipt of a properly executed Terms-of-Use Agreement, the E-filing System shall permit the Registered User to create a log-in identification and password to access the E-filing August, 2019 3 System. Each Registered User shall safeguard the Registered User’s log-in identification and password.

Any E-filing shall be presumed authorized by the Registered User whose log-in identification and password were used to transmit the E-filing. Except as expressly permitted in these Rules, a Document shall be E-filed using the log-in identification and password of the Registered User who signed the Document being filed. Registration on the E-filing System constitutes consent by the Registered User to receive electronic service of all documents and electronic notices issued by the Claims Commission or the Clerk.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.06 DUTY OF REGISTERED USER TO UPDATE CONTACT INFORMATION

Registered Users shall change their profile maintained in the E-filing System immediately upon any change in the Registered User’s name, law firm name, delivery address, telephone number, facsimile number, or e-mail address. E-service on an obsolete e-mail address shall constitute valid service on the Registered User.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.07 USER GUIDE

Registered Users will be provided access to an online User Guide to assist in E-filing.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.08 FILING AND SERVICE PROCEDURES

(1) Time and Effect of E-Filing.

(a) Filed upon Transmission. Subject to acceptance by the Clerk pursuant to Subparagraph (b), any Document electronically submitted for filing shall be considered filed with the Claims Commission when the transmission to the Claim Commission’s Efiling System is completed. Upon receipt of the transmitted Document, the E-filing System shall automatically e-mail a Transaction Receipt to the E-filer, stating that the transmission of the Document was completed and also stating the date and time of the Document’s receipt. The E-filer is responsible for verifying that the Clerk received and filed the Document transmitted. Absent confirmation of receipt, there is no presumption that the Claims Commission received and filed the Document. The Transaction Receipt shall serve as proof of filing.

(b) Review by Clerk. The Clerk may review the Document to determine if it conforms with the applicable filing requirements. If the Clerk rejects the Document for filing because it does not comply with the applicable filing requirements or because any required filing fee has not been paid, the rejected document shall not become part of the official Claims Commission record, and the E-filer will receive notification of the rejection. The notice must set forth the reason(s) the document was rejected for filing. In the event the Clerk rejects the submitted Document following review, the E-filer is allowed up to fortyeight (48) hours from the notice of rejection to re-file the Document to meet necessary filing requirements and deadlines. The filing shall relate back to the date of the initial filing. Notification that the Clerk has accepted the document for filing is not required.

(c) “Filed” Stamp. E-filed documents accepted for filing by the Clerk shall have a “filed” stamp affixed by the Clerk. The Clerk’s stamp of an E-filed Document must contain the August, 2019 4 following: “Electronically Filed/[Date and Time]”. This “electronically filed” stamp has the same force and effect as a manually affixed “filed” stamp of the Clerk.

(d) Time of Filing. Any Document E-filed by 11:59 p.m., Central Standard Time, shall be deemed to be filed on that date, so long as it is accepted by the Clerk upon review.

(e) Documents Filed by the Claims Commission. The Claims Commission may electronically transmit orders, opinions, judgments, and other Commission-issued documents through the E-filing System. When a document electronically transmitted by the Commission for filing by the Clerk requires the signature of a Commissioner, the Clerk, or authorized deputy clerk, the signature may be reflected at the end of the document by means of an Electronic Signature in the format: “s/ [Commissioner’s/Clerk’s/deputy clerk’s name],” followed by the appropriate title (i.e., “Commissioner,” “Clerk,” “Deputy Clerk”). Any order, opinion, judgment, or other Commission-issued document filed electronically without the handwritten signature of the Commissioner, Clerk, or authorized deputy clerk but containing an approved Electronic Signature has the same effect as if the Commissioner or Clerk had signed a paper copy of the filing.

(2) Format of Documents.

(a) All E-filed documents shall be formatted in accordance with the Terms-of-Use Agreement and the applicable rules, if any, of the Claims Commission governing formatting of paper-filed documents, except that any rules relating to the number of copies, or to the color or types of paper, shall not apply.

(b) All original Documents that are E-filed shall be prepared through direct conversion from the word processing file to Portable Document Format and not through scanning of the original paper document. Notwithstanding the foregoing sentence, all attachments and exhibits containing photocopies of documents may be scanned into Portable Document Format. E-filed PDF documents shall be text searchable, if possible.

(3) Payment of Filing Fees.

Unless excused by statute, statutorily permitted fees and taxes required to be paid at the time of filing of an E-filed Document must be paid prior to the E-filing, or with an approved form of electronic payment at the time of E-filing.

(4) Signatures.

(a) Registered User’s Signature. A Registered User’s use of the assigned log-in identification and password to E-file a Document serves as that user’s signature on that Document for all purposes. The identity of the E-filer must be reflected at the end of the Document by means of an Electronic Signature, followed by the Registered User’s name, address, telephone number, e-mail address, and number assigned by the Board of Professional Responsibility, if applicable.

(b) Multiple Signatures. An E-filer E-filing a Document requiring the signatures of multiple persons (including but not limited to stipulations) must list thereon the names of all other signatories and include their Electronic Signatures. By E-filing such a Document, the E-filer certifies that each of the other persons has expressly agreed to the form and substance of the Document, and that the E-filer has their permission to E-file the Document. In the alternative, the E-filer may submit a scanned Document containing all necessary signatures.

August, 2019 5 (c) Signatures Under Penalty of Perjury and Notarized Signatures. A Document required by law to be signed, verified, notarized, acknowledged, sworn to, or made under oath may be E-filed, provided that the declarant or notary public has signed a printed form of the Document. The printed Document bearing the original signatures must be scanned as a PDF in a format that accurately reproduces the original signatures and contents of the Document and electronically submitted for filing. The original Document shall be maintained by the E-filer, and shall be made available, upon reasonable notice, for inspection by another party, other counsel, the Clerk or the Claims Commission.

Parties or their attorneys shall retain originals until final disposition of the case and the expiration of all appeal opportunities.

(d) Effect of Signatures on E-Filed Documents. Any filing made under these Rules shall bind the signatory as if a paper Document were physically signed and filed. An E-filing therefore shall function as the signatory’s attestation to the truthfulness of an e-filed affidavit, declaration, or certification, or as a validly signed Document for any other

purpose under the TRCP or other rule of the Claims Commission.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.09 ELECTRONIC SERVICE

(1) Automatic Service by E-Filing System. Upon the acceptance by the Clerk of an E-filed Document, the E-filing System will automatically generate and send by e-mail a notice of filing along with the Document to all Registered Users on the case service list. This automatically generated notice shall constitute proper service of the E-filed Document on those Registered Users and shall have the same legal effect as service of a paper Document. Independent service, either by paper or otherwise, need not be made on any Registered User receiving E-service. Attorneys and self-represented parties who did not receive E-service must be served by the E-filer through the conventional means of service set forth in the TRCP.

(2) E-Service of Documents Filed by the Claims Commission. The Clerk’s E-service on a Registered User of a notice, order, opinion, or judgment filed by the Claims Commission shall constitute proper service and shall satisfy the notice and mailing requirements of the TRCP.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.

Tenn. Comp. R. & Regs. 0310-01-02-.10 EFFECT OF TECHNICAL FAILURE IN E-FILING

If the E-filing of a Document does not occur because of: (1) a technical error in the transmission of the Document to the Clerk, which was unknown to the sending party, (2) a failure to process the electronic Document when received by the Clerk, (3) rejection of the transmitted Document by the Clerk, or (4) other technical problems experienced by either the E-filer or the Clerk, the Claims Commission may, upon motion of the e-filing party, enter an order directing that the Document be filed nunc pro tunc to the date the document was first attempted to be filed electronically. If the Claims Commission directs the filing of the Document nunc pro tunc, the Claims Commission may also extend the date for filing any response to the delayed filing and may extend the period within which any other right, duty, or other act must be performed.

History

• Authority: T.C.A. § 9-8-306.
• Administrative History: Original rules filed May 10, 2019; effective August 8, 2019.