(a) If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant:

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Terms Used In Tennessee Code 29-41-103

  • Abusive civil action: means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable:
    (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law. See Tennessee Code 29-41-101
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Civil action: means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure. See Tennessee Code 29-41-101
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(1) In the answer to the civil action; or
(2) By motion made at any time during the civil action.
(b) The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action.
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