Defendant's Right to Raise Claim — Hearing on Court's Own Motion

1. Law
2. Tennessee Code
3. Remedies and Special Proceedings
4. Abusive Civil Actions
5. Defendant's Right to Raise Claim — Hearing on Court's Own Motion

1. 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:
   1. In the answer to the civil action; or
   2. By motion made at any time during the civil action.
2. 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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