Responding to a Tennessee complaint: 30 days, and five days' notice before any default
Tennessee procedure · Last verified August 17, 2026
Tennessee gives a defendant 30 days to answer, and then does something few states do: it requires the plaintiff to give written notice before taking a default, regardless of whether the defendant ever appeared in the case.
That single provision is the most important thing a Tennessee defendant can know.
The deadline
Tenn. R. Civ. P. 12.01:
A defendant shall serve an answer within thirty (30) days after the service of the summons and complaint upon him. A party served with a pleading stating a cross-claim against such party shall serve an answer thereto within thirty (30) days after the service upon him or her. The plaintiff shall serve a reply to a counterclaim in the answer within thirty (30) days after service of the answer, or, if a reply is ordered by the court, within thirty (30) days after service of the order, unless the order otherwise directs.
Thirty days throughout — answer, cross-claim answer, and reply. Tennessee does not use different periods for different pleadings, which makes the calendar simpler than in most states.
A motion changes the clock: "The service of a motion permitted under this rule alters these periods of time," as Rule 12.01 provides.
So a Rule 12 motion filed before the answer suspends the 30 days, and the rule supplies the replacement period once the court rules.
Five days' notice before default
Tenn. R. Civ. P. 55.01:
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, judgment by default may be entered as follows: The party entitled to a judgment by default shall apply to the court. Except for cases where service was properly made by publication, all parties against whom a default judgment is sought shall be served with a written notice of the application at least five days before the hearing on the application, regardless of whether the party has made an appearance in the action.
Three features, and the third is the unusual one.
Application to the court, not to the clerk. Tennessee has no clerk's default judgment route of the kind Federal Rule 55(b)(1) provides for a sum certain.
Five days' written notice of the application, before the hearing.
And "regardless of whether the party has made an appearance." That phrase is doing deliberate work. In federal court, Rule 55(b)(2)'s seven-day notice goes only to a party who has appeared; a defendant who never appeared gets nothing. Tennessee gives notice to everyone.
The one exception: cases where service was properly made by publication. A defendant served by publication is not entitled to the five days — which makes sense, since the whole premise of publication service is that the defendant could not be found.
What this means practically
You will usually get a warning. A Tennessee defendant who missed the 30 days should expect a notice, and that notice is the moment to act — before the hearing, not after judgment.
Check the service method. If you were served by publication, the notice requirement does not apply, and the first you may learn of the judgment is when it is enforced.
And the five days is a floor. Nothing prevents a court from requiring more, and the hearing is a hearing — you can appear and be heard on the application itself.
Fixing a missed deadline
Tennessee follows the two-tier structure common to most states derived from the federal model: relief from an entry of default is more readily available than relief from a default judgment, and the further along the case has gone, the more you must show.
Two things to have ready:
A reason. Why the answer was not filed, framed against the excusable-neglect family of standards.
And a defence. Courts generally want to see that setting the default aside would lead somewhere — that there is something to litigate.
How Tennessee compares
| Tennessee | Georgia | North Carolina | Federal | |
|---|---|---|---|---|
| Answer deadline | 30 days | 30 days | 30 days | 21 days |
| Same period for cross-claims and replies | yes, 30 throughout | — | — | 21 days |
| Default entered by | the court, on application | clerk | clerk | clerk |
| Notice before default | 5 days, to everyone | — | — | 7 days, only if the party appeared |
| Exception to the notice | service by publication | — | — | — |
| Motion suspends the answer clock | yes | yes | yes | yes |
Tennessee and Alaska are the two jurisdictions on this site that give notice to a defendant who never appeared. Alaska's Rule 55(a)(1) requires the default application to be served on everyone and makes the clerk wait seven days; Tennessee requires five days' notice of the judgment application. Both are far more protective than the federal rule.
A short checklist
- Calendar 30 days from service. The same number applies to answers, cross-claim answers and replies.
- A Rule 12 motion suspends the clock — you need not answer first.
- Watch for a default notice. Unless you were served by publication, you are entitled to five days' written notice of the application, appearance or not.
- Appear at the hearing. The application is heard, and that is your opportunity.
- If you were served by publication, expect no notice — and check whether the publication service was properly made.
- If a default has been entered, move promptly, with both a reason for the delay and a defence on the merits.
Where these rules live
- Tenn. R. Civ. P. 4 — Process
- Tenn. R. Civ. P. 5 — Service and filing of pleadings and other papers
- Tenn. R. Civ. P. 6 — Time
- Tenn. R. Civ. P. 8 — General rules of pleading
- Tenn. R. Civ. P. 12 — Defenses and objections
- Tenn. R. Civ. P. 15 — Amended and supplemental pleadings
- Tenn. R. Civ. P. 55 — Default
- Tenn. R. Civ. P. 60 — Relief from judgments or orders
This page explains what the rules say. It isn't legal advice, and the standard for setting aside a default is developed in case law this site doesn't cover.