Tennessee § 28-1-114 - Counterclaim or third party complaint.

§ 28-1-114. Counterclaim or third party complaint.

A counterclaim or third party complaint or cross-claim is not barred by the applicable statute of limitations or any statutory limitation of time, however characterized, if it was not barred at the time the claims asserted in the complaint were interposed. If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third party complaint is filed as a civil action as permitted by this subsection (b) and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third party complaint within the time allowed for the filing of a responsive pleading only if the original action is reinstituted pursuant to § 28-1-105. Any counterclaim, cross-claim, or third party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third party complaint pursuant to this section in circuit or chancery court according to the provisions of § 28-1-105, shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court. Acts 1978, ch. 758, § 1; T.C.A., § 28-116; Acts 1983, ch. 365, § 1; 1984, ch. 520, §§ 2, 4; 1985, ch. 344, § 2. Compiler's Notes. Acts 1984, ch. 964, § 1 provided that the 1984 amendment not apply to any nonsuit or notice of dismissal filed prior to April 13, 1984, and that the law in effect on the date of the nonsuit or notice of dismissal was filed shall govern any such suit. The legislative intent was that the 1984 amendment not be applied retroactively to any nonsuit or notice of dismissal filed prior to April 13, 1984, and that notwithstanding the 1984 amendment or Tenn. R. Civ. P. 41.01 or any construction to the contrary, nonsuit taken prior to April 13, 1984, shall also terminate any counterclaim filed in a civil suit. Cross-References. Limitation of actions, contracts for sale, § 47-2-725 . Limitation of actions, personal tort actions, § 28-3-104 . Limitation of actions, Uniform Contribution Among Tort-Feasors Act, § 29-11-104 . Monetary jurisdiction of general sessions court, § 16-15-501 . Statute of limitations in contracts for sale, § 47-2-725 . Textbooks. Tennessee Forms (Robinson, Ramsey and Harwell), No. 1-13.01. Law Reviews. Counterclaims, Amendments, Relation-back and the Statute of Limitations, 9 Mem. St. U.L. Rev. 441. Selected Tennessee Legislation of 1983 (N. L. Resener, J. A. Whitson, K. J. Miller), 50 Tenn. L. Rev. 785 (1983). Survey of Civil Procedure in Tennessee — 1977, IV. Pretrial Procedure (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 308. The Nonparty Tortfeasor (June F. Entman), 23 Mem. St. U.L. Rev. 105 (1992).