Tenn. R. Juv. P. 305
Advisory Commission Comments.
This rule permits parties to utilize the discovery rules found in the Tennessee Rules of Civil Procedure if: (1) an attempt to conduct informal discovery fails; or (2) if the party has obtained permission in a court order. A party may utilize subdivision (c) of this rule only when informal discovery is not possible or practical, e.g., the party may need to depose a non-party witness prior to trial. When attempts at informal discovery fail or are at an impasse, the parties should then presume that they are participating in formal discovery.
In order to reduce the cost of depositions, attorneys and parties should note that Rule 30.02 of the Tennessee Rules of Civil Procedure allows for non-stenographic recording and for telephone depositions. Likewise, Rule 26.03 of the Tennessee Rules of Civil Procedure permits the court to issue a protective order
when a party seeks to limit discovery in order to avoid undue burden or expense, as well as for other reasons.
The Commission recognizes that formal discovery could potentially lengthen the time it takes to set and conclude dependent and neglect proceedings. Courts, attorneys, and parties should note that subdivision (d) permits a court ordered deadline for the completion of discovery. The Tennessee Rules of Civil Procedure allow the court to shorten deadlines for responding to discovery requests. Courts are encouraged to conduct scheduling conferences and issue scheduling orders as permitted under Rule 111.