Section 2 - Procedure for Initiating the Empaneling of a Special Three-Judge Trial Court

As amended through November 4, 2024
Section 2 - Procedure for Initiating the Empaneling of a Special Three-Judge Trial Court
(a) The person or entity filing the complaint, amended complaint, counter-claim, or third-party complaint shall immediately thereafter file a notice that the action satisfies the criteria for a three-judge panel described in Section 1.
(b) The notice must:
(1) list all parties and, if available, counsel and complete contact information for counsel, including email addresses;
(2) state the cause number and style of the case, the trial court in which it is pending, and, if available, the name of the judge to whom it is assigned;
(3) summarize the dispute, describe the constitutional claims asserted against the state or a state official, department, or agency, and summarize the declaratory or injunctive relief sought; and
(4) attach a copy of the complaint, amended complaint, counter-claim, or third-party complaint.
(c) Service of the notice shall comply with Rule 5 of the Tennessee Rules of Civil Procedure applicable to service of the pleading with which the notice is filed.
(d) The clerk of the trial court in which the action and notice are filed shall expeditiously forward the notice to the presiding judge of the judicial district. The presiding judge has discretion to permit or direct any party to the action to file a response to the notice.
(e) If a plaintiff does not file a notice, a defendant as defined in Section 1 may request the empaneling of a special three-judge panel by providing notice consistent with the provisions of this rule within thirty (30) days of the date of service of the complaint, amended complaint, counter-claim, or third-party complaint. Multiple notices need not be filed in a single action.
(f) For matters pending before July 1, 2021, notice compliant with the provisions of subsection (b) must be filed by July 30, 2021.
(g) The filing of a notice under this rule stays all proceedings in the trial court until the Supreme Court appoints a three-judge panel as provided in Section 3.
Adopted by Order filed and effective 7/1/2021; amended by Order filed and effective 9/2/2021.