TN Bar Practice Questions - Tennessee Bar Examination Exam

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A plaintiff in Tennessee files a negligence suit but fails to have a summons issued for over one year after filing the complaint, and process is never served. Under Tennessee Rule of Civil Procedure 3, what is the consequence for the statute of limitations?

The plaintiff cannot rely on the original filing to toll the statute and the action may be time-barred The filing permanently tolls the statute regardless of service Service is irrelevant in Tennessee The defendant must prove prejudice to assert the statute of limitations

Correct Answer:

The plaintiff cannot rely on the original filing to toll the statute and the action may be time-barred

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