--- name: tn-pro-se description: > Use when drafting Tennessee court documents for a self-represented (pro se) litigant. Covers pro-se drafting framework (substantial-compliance-with-form standard; no substantive advocacy from bench); Tenn. R. Civ. P. 4/5 service mechanics; signature-block convention (pro se filers OMIT the attorney BPR number, add "Pro Se / Self-Represented"); practical differences between formal Circuit / Chancery forums (written motions, affidavits, memoranda, proposed orders; 30-day answer) vs. informal General Sessions forum (no formal pleadings; testimony at hearing; 10-day de novo appeal to Circuit); Tennessee self-help resources (tncourts.gov self-help center; AOC-approved forms where they exist). Composes with `tn-statewide-format`, `tn-draft- motion`, `tn-general-sessions`. version: 0.1.1 --- # Pro Se Drafting for Tennessee > **NOT LEGAL ADVICE.** This skill helps unrepresented parties prepare > paper and procedure. It does not substitute for advice from a > licensed Tennessee attorney. Verify against current rules and local > practice before filing. Use this skill in addition to `tn-statewide-format` whenever the filer is unrepresented. Tennessee courts use the terms "pro se" and "self-represented" interchangeably. ## The pro-se drafting framework — adapted for Tennessee Tennessee courts construe pro se filings with a measure of leniency on form, but the court will **not act as the filer's lawyer** — it will not supply missing elements of a claim or defense, reframe an argument, or develop the record. The practical two-track takeaway: 1. **Substantial compliance with form.** Minor formatting slips are tolerated so long as the substantive components are present — caption, claim or defense, supporting facts, signature, and any required sworn support. 2. **No substantive advocacy from the bench.** The filer must clearly **name the relief sought**, **cite the rule or statute** that authorizes it, **state facts** supporting each element, and **sign** the document. Apply this framework to every pro se filing: 1. State the relief clearly in the opening sentence. 2. Cite the rule or statute (Tenn. R. Civ. P. ____ / Tenn. Code Ann. § ____). 3. State the facts that satisfy each element, with record support from a sworn affidavit where facts must be proven (see `tn-draft-declaration`). 4. Apply the controlling Tennessee case law. 5. Conclude with the specific order sought. ## Signature block — pro se omits the BPR number Tennessee-licensed attorneys must sign every pleading, motion, or other paper under **Tenn. R. Civ. P. 11** and include their **Tennessee Board of Professional Responsibility (BPR) number**. A **pro se filer omits the BPR number** — that field is for licensed attorneys only — and adds a clear self-represented designation on the last line. ``` Respectfully submitted this ___ day of __________, 20__. ____________________________ Jane Q. Doe [Street address] [City, TN ZIP] Phone: (###) ###-#### Email: jane@example.com Pro Se / Self-Represented Defendant ``` Use **"Pro Se"** or **"Self-Represented"** on the last line, paired with the filer's role ("Pro Se Plaintiff", "Self-Represented Defendant", etc.). Do **not** write "N/A" in place of a BPR number — simply omit the field. By signing under Rule 11, the filer certifies that the paper is not presented for an improper purpose, that the legal contentions are warranted, and that the factual contentions have evidentiary support. Rule 11 sanctions apply to pro se filers, not just attorneys. ## Service — Tenn. R. Civ. P. 4 and Rule 5 - **Rule 4** governs service of the original **summons and complaint**. A pro se plaintiff cannot personally serve their own defendant — use the sheriff, a private process server, or, where authorized, service by mail through the clerk. The summons must generally be issued and returned within the time set by Rule 4 (confirm the current 90-day issuance/return window). - **Rule 5** governs service of **subsequent papers** (motions, notices, responses). Serve every filed paper on every other party. Methods include hand delivery, U.S. Mail to the last-known address, and — where the court and the parties permit — electronic service. When serving by mail, add **3 days** to any responsive deadline under Tenn. R. Civ. P. 6.05 (use `tn-deadlines`). A **Certificate of Service** is required on every filed paper. See `tn-statewide-format` for the certificate template. ## Circuit / Chancery vs. General Sessions — pick the right forum Tennessee's trial courts differ sharply in formality, and a pro se litigant should understand which forum the case is in: | | Circuit / Chancery | General Sessions | |---|---|---| | Formality | Formal; Tenn. R. Civ. P. govern | Informal; Rules of Civil Procedure generally do **not** apply | | Jurisdiction | General jurisdiction (Chancery = equity); divorce in both | Limited — civil cap **$25,000** (Tenn. Code Ann. § 16-15-501); **unlimited** for forcible entry & detainer (eviction) | | Pleadings | Written complaint, answer, motions, memoranda | A civil warrant (a short form); no formal written pleadings required | | Discovery | Full discovery as of right (Rules 26–37) | **No formal discovery as of right** | | Sworn support | Notarized affidavits common (`tn-draft-declaration`) | Testimony at the hearing; affidavits less central | | Appeal | To the Court of Appeals | **De novo to Circuit within 10 days** of judgment (Tenn. Code Ann. § 27-5-108) | **Practical guidance for pro se filers:** - **General Sessions** is the more accessible forum for small civil disputes and evictions — it is designed for quick, informal hearings. You generally appear and tell your side to the judge rather than filing briefs. See `tn-general-sessions`. - If you **lose in General Sessions**, you have only **10 days** from entry of judgment to perfect a **de novo appeal to Circuit Court**, where the case is tried again under full civil rules (Tenn. Code Ann. § 27-5-108). This is a hard, uniform statewide deadline — calendar it immediately. See `tn-post-judgment`. - In **Circuit or Chancery**, the formal rules apply: an **answer is due 30 days** after service (Tenn. R. Civ. P. 12.01), motions must state their grounds and relief (Rule 7.02), and many filings need a supporting affidavit and a proposed order. ## Self-help resources - **Tennessee Courts self-help center** at **tncourts.gov** — the Administrative Office of the Courts (AOC) publishes self-help information and a set of **AOC-approved forms** for certain matters (verify which forms exist for your case type and county — coverage is not comprehensive across all matters). - **Local rules** for the filing court are indexed on the AOC "Local Rules of Practice" page at tncourts.gov — read them before filing, because page limits, hearing-date procedures, and chambers-copy requirements are set locally (see `tn-statewide-format`). - **County court clerks** (Circuit Court Clerk, Clerk & Master for Chancery, General Sessions Clerk) can explain filing mechanics and fees but cannot give legal advice. - **Notarization**: Tennessee's default sworn support is a **notarized affidavit** (see `tn-draft-declaration`); notaries are available at banks, clerk's offices, and shipping stores. ## Common pro se pitfalls in Tennessee 1. **Missing the 10-day General Sessions appeal window** — de novo appeal to Circuit must be perfected within 10 days of entry (Tenn. Code Ann. § 27-5-108). Late = lost. 2. **Treating Circuit / Chancery like General Sessions** — the formal forums require written motions, memoranda, affidavits, and proposed orders. Showing up to "tell your story" is not how a motion is decided there. 3. **Forgetting the 30-day answer deadline** — Tenn. R. Civ. P. 12.01 gives 30 days after service to answer in Circuit / Chancery; default can follow a missed deadline. See `tn-first-30-days`. 4. **Filing an unsworn statement where a notarized affidavit is needed** — do not assume an unsworn declaration is accepted; default to a notarized affidavit and verify (`tn-draft-declaration`). 5. **Counting deadlines wrong** — Tenn. R. Civ. P. 6.01 excludes the triggering day, includes the last day (rolling forward off a Saturday, Sunday, or legal holiday), and Rule 6.05 adds 3 days for mail service. Tennessee's § 15-1-101 holidays include Good Friday and Columbus Day. Use `tn-deadlines`. 6. **Writing "N/A" for the BPR number** — pro se filers omit the field entirely and add "Pro Se / Self-Represented" instead. ## Composition - For statewide format and the signature block: `tn-statewide-format` - For the General Sessions forum: `tn-general-sessions` - For drafting motions: `tn-draft-motion` - For affidavits: `tn-draft-declaration` - For the Notice of Hearing: `tn-draft-note` - For proposed orders: `tn-draft-order` - For the answer and first responses: `tn-first-30-days` - For consumer-debt defense as pro se: `tn-consumer-debt` - For family-law matters as pro se: `tn-family-law`, `tn-family-court` - For deadline math: `tn-deadlines` - For the venue overlay: `tn-davidson`, `tn-shelby`, `tn-knox`, `tn-hamilton`, `tn-county-courts` ## References - `references/pro-se-drafting-framework.md` — Tennessee pro se construction conventions - `references/circuit-chancery-vs-sessions.md` — choosing and navigating the forum - `references/signature-block.md` — pro se vs. attorney (BPR) signature conventions - `references/self-help-resources.md` — tncourts.gov self-help center and AOC-approved forms directory