Yes, you read the title of this post correctly. Rule 12 motions to dismiss are not responsive pleadings for purposes of Rule 15 amendments to complaints (of course, we are talking about the Tennessee Rules of Civil Procedure here).
Why is this important? It's important because a lot of lawyers (myself included, until recently) think that you can't file an amended complaint without the other side's permission or leave of the court if a motion to dismiss is pending (Rule 15 allows an amended complaint to be filed any time before a repsonsive pleading is filed). This is simply not the case. Adams v. Carter Cnty. Mem'l Hosp., 548 S.W.2d 307, 309 (Tenn. 1977) (noting that a motion is not a responsive pleading); Vincent v. CNA Ins. Co., No. M2001-02213-COA-R9-CV, 2002 WL 31863290, at *5 n.4 (Tenn. Ct. App. 2002) (same).
Why is this important? It's important because a lot of lawyers (myself included, until recently) think that you can't file an amended complaint without the other side's permission or leave of the court if a motion to dismiss is pending (Rule 15 allows an amended complaint to be filed any time before a repsonsive pleading is filed). This is simply not the case. Adams v. Carter Cnty. Mem'l Hosp., 548 S.W.2d 307, 309 (Tenn. 1977) (noting that a motion is not a responsive pleading); Vincent v. CNA Ins. Co., No. M2001-02213-COA-R9-CV, 2002 WL 31863290, at *5 n.4 (Tenn. Ct. App. 2002) (same).
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