Tenn. Code Ann. § 29-16-127 — TN Code / Title 29 / Chapter 16 / Section 29-16-127
Transferred
Status: repealed

Renumbered as T.C.A. s 29-16-201by 2014 Tenn. Acts, ch. 927,s 2, eff. 5/16/2014. Acts 2001, ch. 276, § 1.
Renumbered as T.C.A. s 29-16-201by 2014 Tenn. Acts, ch. 927,s 2, eff. 5/16/2014.
Acts 2001, ch. 276, § 1.
Tenn. Code Ann. § 29-7-114 — TN Code / Title 29 / Chapter 7 / Section 29-7-114
Default by garnishee - Conditional judgment
Status: in_force

If, when duly summoned, the garnishee fail to appear and answer the garnishment, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaintiff's demand, and a conditional judgment shall be entered up against the garnishee accordingly. Code 1858, § 3486 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5246; Code 1932, § 9437; T.C.A. (orig. ed.), § 23-714.
If, when duly summoned, the garnishee fail to appear and answer the garnishment, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaintiff's demand, and a conditional judgment shall be entered up against the garnishee accordingly.
Code 1858, § 3486 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5246; Code 1932, § 9437; T.C.A. (orig. ed.), § 23-714.
Tenn. Code Ann. § 29-34-604 — TN Code / Title 29 / Chapter 34 / Section 29-34-604
Discovery
Status: in_force

(a) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents. (b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant. Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
(a) Trust claims materials and trust governance documents are presumed to be relevant and authentic and are admissible in evidence. No claims of privilege apply to any trust claims materials or trust governance documents.
(b) A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information and materials sought by a defendant.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-12-107 — TN Code / Title 29 / Chapter 12 / Section 29-12-107
Corporate property
Status: in_force

The creditors of a corporation may also, without first having obtained a judgment at law, file a bill in the court of chancery, to attach the property of the corporation, and subject the same, by sale or otherwise, to the satisfaction of their debts, when the corporate franchises are not used, or have been granted to others in whole or in part. Code 1858, § 4294 (deriv. Acts 1851-1852, ch. 172, § 1); Shan., §6103; Code 1932, § 10364; T.C.A. (orig. ed.), § 23-1007.
The creditors of a corporation may also, without first having obtained a judgment at law, file a bill in the court of chancery, to attach the property of the corporation, and subject the same, by sale or otherwise, to the satisfaction of their debts, when the corporate franchises are not used, or have been granted to others in whole or in part.
Code 1858, § 4294 (deriv. Acts 1851-1852, ch. 172, § 1); Shan., §6103; Code 1932, § 10364; T.C.A. (orig. ed.), § 23-1007.
Tenn. Code Ann. § 29-27-310 — TN Code / Title 29 / Chapter 27 / Section 29-27-310
Open-market sale, sealed bids, or auction
Status: in_force

(a) If the court orders a sale of heirs property, then the court shall determine the method of sale that is most economically advantageous and in the best interest of the cotenants as a group. The method of sale may be an open-market sale, a sale by sealed bids, or an auction. (b) If the court orders an open-market sale and the parties, no later than ten (10) days after the entry of the order, agree on a special commissioner or a real estate broker licensed in this state to offer the property for sale, then, upon motion, the court shall appoint the special commissioner or broker and establish a reasonable commission. If the parties do not agree on a special commissioner or broker, then, upon motion, the court shall appoint a disinterested special commissioner or real estate broker licensed in this state to offer the property for sale and establish a reasonable commission. The special commissioner or broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court. (c) If the special commissioner or broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (1) The special commissioner or broker shall comply with the reporting requirements in § 29-27-311 ; and (2) The sale may be completed in accordance with state law other than this part. (d) If the special commissioner or broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, then the court, after a hearing, may: (1) Approve the highest outstanding offer, if any; (2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or (3) Order that the property be sold by sealed bids or at an auction. (e) If the court orders a sale by sealed bids or at an auction, then the court shall set terms and conditions of the sale. If the court orders an auction, then the auction must comply with part 2 of this chapter. (f) If a purchaser is entitled to a share of the proceeds of the sale, then the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) If the court orders a sale of heirs property, then the court shall determine the method of sale that is most economically advantageous and in the best interest of the cotenants as a group. The method of sale may be an open-market sale, a sale by sealed bids, or an auction.
(b) If the court orders an open-market sale and the parties, no later than ten (10) days after the entry of the order, agree on a special commissioner or a real estate broker licensed in this state to offer the property for sale, then, upon motion, the court shall appoint the special commissioner or broker and establish a reasonable commission. If the parties do not agree on a special commissioner or broker, then, upon motion, the court shall appoint a disinterested special commissioner or real estate broker licensed in this state to offer the property for sale and establish a reasonable commission. The special commissioner or broker shall offer the property for sale in a commercially reasonable manner at a price no lower than the determination of value and on the terms and conditions established by the court.
(c) If the special commissioner or broker appointed under subsection (b) obtains within a reasonable time an offer to purchase the property for at least the determination of value: (1) The special commissioner or broker shall comply with the reporting requirements in § 29-27-311 ; and (2) The sale may be completed in accordance with state law other than this part.
(1) The special commissioner or broker shall comply with the reporting requirements in § 29-27-311 ; and
(2) The sale may be completed in accordance with state law other than this part.
(d) If the special commissioner or broker appointed under subsection (b) does not obtain within a reasonable time an offer to purchase the property for at least the determination of value, then the court, after a hearing, may: (1) Approve the highest outstanding offer, if any; (2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or (3) Order that the property be sold by sealed bids or at an auction.
(1) Approve the highest outstanding offer, if any;
(2) Redetermine the value of the property and order that the property continue to be offered for an additional time; or
(3) Order that the property be sold by sealed bids or at an auction.
(e) If the court orders a sale by sealed bids or at an auction, then the court shall set terms and conditions of the sale. If the court orders an auction, then the auction must comply with part 2 of this chapter.
(f) If a purchaser is entitled to a share of the proceeds of the sale, then the purchaser is entitled to a credit against the price in an amount equal to the purchaser's share of the proceeds.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-26-103 — TN Code / Title 29 / Chapter 26 / Section 29-26-103
Use of results of survey, inspection or investigation of health care provider conducted by state or federal department or agency
Status: in_force

(a) Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited in the statement of deficiencies on the basis of the survey, inspection, or investigation, all proposed or implemented plans of correction submitted by the health care provider, and statements of or records of interviews with employees or independent contractors of the health care provider, shall not be: (1) Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or (2) Used in an advertisement, unless the advertisement includes all of the following: (A) The date the survey, inspection, or investigation was conducted; (B) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and (C) A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency. (b) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used in an administrative proceeding, a state civil or criminal proceeding, or a federal civil or criminal proceeding initiated by a state or federal department or agency, or an appeal of any such proceeding. (c) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used to impeach a witness in a health care liability action. Added by 2015 Tenn. Acts, ch. 399,s 1, eff. 5/8/2015.
(a) Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited in the statement of deficiencies on the basis of the survey, inspection, or investigation, all proposed or implemented plans of correction submitted by the health care provider, and statements of or records of interviews with employees or independent contractors of the health care provider, shall not be: (1) Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or (2) Used in an advertisement, unless the advertisement includes all of the following: (A) The date the survey, inspection, or investigation was conducted; (B) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and (C) A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.
(1) Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or
(2) Used in an advertisement, unless the advertisement includes all of the following: (A) The date the survey, inspection, or investigation was conducted; (B) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and (C) A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.
(A) The date the survey, inspection, or investigation was conducted;
(B) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and
(C) A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.
(b) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used in an administrative proceeding, a state civil or criminal proceeding, or a federal civil or criminal proceeding initiated by a state or federal department or agency, or an appeal of any such proceeding.
(c) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used to impeach a witness in a health care liability action.
Added by 2015 Tenn. Acts, ch. 399,s 1, eff. 5/8/2015.
Tenn. Code Ann. § 29-15-105 — TN Code / Title 29 / Chapter 15 / Section 29-15-105
Joinder of counts and parties
Status: in_force

(a) The declaration may contain several counts, and several parties may be named as plaintiffs, jointly in one (1) count and separately in others, but not without the consent of the party in person, or by a duly authorized agent, unless the party in person be tenant in common with the party commencing the suit. (b) If the name of a person be used as a plaintiff contrary to this provision, the suit shall be dismissed at the cost of the plaintiff, on motion of the defendant and the proof of want of authority. Code 1858, § 3236 (deriv. Acts 1825, ch. 63, §§ 1, 2; 1851-1852, ch. 152, § 2); Shan., § 4977; Code 1932, § 9125; T.C.A. (orig. ed.), § 23-1306.
(a) The declaration may contain several counts, and several parties may be named as plaintiffs, jointly in one (1) count and separately in others, but not without the consent of the party in person, or by a duly authorized agent, unless the party in person be tenant in common with the party commencing the suit.
(b) If the name of a person be used as a plaintiff contrary to this provision, the suit shall be dismissed at the cost of the plaintiff, on motion of the defendant and the proof of want of authority.
Code 1858, § 3236 (deriv. Acts 1825, ch. 63, §§ 1, 2; 1851-1852, ch. 152, § 2); Shan., § 4977; Code 1932, § 9125; T.C.A. (orig. ed.), § 23-1306.
Tenn. Code Ann. § 29-5-309 — TN Code / Title 29 / Chapter 5 / Section 29-5-309
Provisional remedies
Status: in_force

(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon a motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent, and under the same conditions, as if the controversy were the subject of a civil action. (b) After an arbitrator is appointed and is authorized and able to act: (1) The arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the extent permitted by the agreement to arbitrate or by the rules of an arbitration organization provided in the agreement; and (2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. The provisional remedy is limited to remedies calculated to preserve the parties' status quo pending appointment of and action by the arbitrator. (c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b). Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Before an arbitrator is appointed and is authorized and able to act, the court, upon a motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent, and under the same conditions, as if the controversy were the subject of a civil action.
(b) After an arbitrator is appointed and is authorized and able to act: (1) The arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the extent permitted by the agreement to arbitrate or by the rules of an arbitration organization provided in the agreement; and (2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. The provisional remedy is limited to remedies calculated to preserve the parties' status quo pending appointment of and action by the arbitrator.
(1) The arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the extent permitted by the agreement to arbitrate or by the rules of an arbitration organization provided in the agreement; and
(2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. The provisional remedy is limited to remedies calculated to preserve the parties' status quo pending appointment of and action by the arbitrator.
(c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b).
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-13-108 — TN Code / Title 29 / Chapter 13 / Section 29-13-108
Claims for compensation - Procedure
Status: in_force

(a) A claim for compensation must be filed not later than two (2) years after the occurrence of the crime upon which the claim is based, two (2) years after the death of the victim, or two (2) years after any mental or physical manifestation or injury is diagnosed as a result of an act committed against a minor that would constitute a criminal offense under §§ 39-13-502 - 39-13-505, § 39-13-522 , § 39-15-302 , § 39-17-902 , or §§ 39-17-1003 - 39-17-1005, or an attempt, conspiracy, or solicitation to commit such offenses; provided, that upon good cause shown, the time period for filing such claim may be extended either before or after the expiration of the filing period. A claim cannot be filed until the crime upon which the claim is based has been reported by the victim, or a member of the victim's family, to the proper authorities within fifteen (15) days after the occurrence of such crime unless, for good cause shown, it is found that the delay was justified. Good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is: (1) Physically unable; (2) A victim of sexual assault; (3) A victim of domestic abuse; or (4) A victim of human trafficking. (b) Each claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name of the victim and that of the claimant, if different than that of the victim, the address of the victim and/or claimant, the county wherein the crime is alleged to have occurred, the name, if known, of the alleged offender, a brief statement of the alleged crime, the date and time the alleged crime was reported to law enforcement, the nature of compensation claimed and the race, sex, national origin and disability, if any, of the victim, and any other information required by the board of claims in order to satisfy federal regulations issued under the Victims of Crime Act of 1984. (c) Within ten (10) days after receipt of the claim, the division shall notify the district attorney general. If a prosecution is pending or imminent for an offense arising out of the crime upon which the claim is based, the division or commission, whichever is applicable, shall suspend all action on the claim upon application of the district attorney general. In such event, the district attorney general shall notify the division or commission, whichever is applicable, within ten (10) days after completion of any such prosecution. Proceedings may further be suspended in the interest of justice if a civil action arising from such offense is pending or imminent. The division or commission, whichever is applicable, shall notify the claimant of any suspension under this subsection (c). A district attorney general who fails to supply the division with the report required in subsection (d) within one hundred eighty (180) days of the division's receipt of the claim shall be deemed to have waived the right to apply for a suspension under this section, unless good cause is shown for such failure. (d) Unless the claim is suspended under subsection (c), the division shall investigate every claim for compensation and shall make every effort to honor or deny each claim within ninety (90) days of receipt of the claim. In investigating the claim, the division shall request from the appropriate district attorney general a report which shall present any information the district attorney general may have in support of or in opposition to the claim. If the claim is denied, the division shall so notify the claimant and inform the claimant of the reasons therefor and of such claimant's right to file the claim with the claims commission within ninety (90) days of the date of the denial notice. If the claim is honored, the division shall so notify the claimant and inform the claimant of the conditions of the settlement offer and of such claimant's right to file the claim with the claims commission within ninety (90) days of the date of the settlement notice if the conditions of the settlement offer are unacceptable. If the division fails to honor or deny the claim within the ninety-day settlement period, the division shall so notify the claimant and shall automatically transfer the claim to the administrative clerk of the commission; however, if the division has not received the report of appropriate district attorney general within the ninety-day settlement period, the division may, in its discretion, suspend action on the claim for an additional period not exceeding ninety (90) days. The division shall notify the claimant of any such suspension. Unless the claim is suspended under subsection (c), the division is authorized to transfer any claim filed under this chapter to the commission prior to the expiration of the ninety-day settlement period. The appropriate district attorney general shall be notified of the action of the division on each claim. (e) (1) Upon filing or transferring a claim for compensation to the commission, the claim shall be considered, determined and subject to appeal in the manner set forth in § 9-8-403 . If a claimant consents to having the claimant's claim proceed upon affidavits filed with the commission without a hearing, the state shall be deemed to have waived a hearing on the claim unless the district attorney general requests a hearing within sixty (60) days after the claim is filed with, or transferred to, the claims commission. The district attorney general shall investigate the claim prior to the opening of formal commission proceedings and shall present any information such district attorney general may have in support of or in opposition to the claim. The report of the district attorney general and any police or offense reports attached thereto shall be sufficient compliance therewith; provided, such reports are accompanied by an affidavit of the district attorney general or law enforcement officer, where applicable, verifying the contents of the reports. Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and report of the district attorney general and the affidavit and report of the law enforcement officer shall be made a part of the record before the commission to the same extent as though the district attorney general or the appropriate law enforcement officer had been present and testified to the matters stated therein. The matters stated in such reports shall be presumed true in the absence of a preponderance of the evidence to the contrary. The personal attendance of the district attorney general and the law enforcement officer may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the district attorney general or law enforcement officer. Where personal attendance is required, the claimant shall serve the appropriate district attorney general and the appropriate law enforcement officer with a subpoena at least fourteen (14) days prior to the hearing which shall contain a clause which reads: "The procedure authorized pursuant to § 29-13-108(e) will not be deemed sufficient compliance with this subpoena." Notwithstanding any other law to the contrary, if the district attorney general attends the proceeding, the district attorney general may present into evidence any police or offense reports and any other reports generated through the district attorney general's investigation of the claim. (2) The claimant may present evidence and testimony on such claimant's own behalf, or the claimant may retain counsel. Any hearing held by the commission pursuant to this chapter which involves a claim based upon a sexually oriented offense shall, upon request of the claimant or counsel, be held in chambers unless good cause exists to the contrary. With the consent of the commission, the district attorney general may stipulate the circumstances of the claimant's victimization in lieu of direct testimony by the claimant. (f) Upon filing or transferring a claim for compensation to the commission, the division shall attach to the claim all documentation presented by the claimant in support of the claim, evidence received or considered, proposed findings, staff recommendations, memoranda, investigative reports and data submitted to the division. The documents shall be accompanied by an affidavit of an employee of the division, stating in substance that the affiant is a duly authorized custodian of the documents and has authority to certify the documents, and that the documents are true copies of all documents described in this subsection (f). Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and the documents submitted to the commission by the division shall constitute a part of the record of the commission and shall be considered in adjudicative proceedings under this part, including judicial review thereof. (g) Notwithstanding any other law to the contrary, if the division denies a claim on the basis that the claimant does not meet the eligibility requirements for compensation under this part and the claimant appeals the denial to the commission, or if the division transfers the claim to the commission as a result of its inability to honor or deny the claim within the ninety-day settlement period, the commission shall consider the claim for the sole purpose of determining whether the claimant meets such eligibility requirements. Such eligibility requirements may include a determination as to whether the claimant has shown good cause for failing to file the claim within the two-year period as prescribed in subsection (a). Such eligibility requirements may include a determination as to whether the claimant has shown good cause for failing to file the claim. If the commission determines the claimant meets the eligibility requirements to receive compensation under this part, the commission shall enter an appropriate order reflecting such determination and remand the claim to the division of claims and risk management for the purpose of determining the amount of compensation to which the claimant is entitled and the manner in which such compensation shall be paid pursuant to § 29-13-111 . Such order shall include the findings of fact enumerated in § 29-13-109(b)(2)(A)-(H) and (L) -(O). (h) Notwithstanding § 9-8-406 or any provision of this part to the contrary, the department of treasury may, at its sole discretion, submit a report to the commission which explains the department's action on the claim. Any such report shall be filed within the time allowed for the filing of a responsive brief by a party. The department shall serve copies of the report upon the claimant and the district attorney general. Any such report shall be considered by the commission without oral argument by the department. (i) The commission shall attach to its decision all documentation presented in support of a claim for which compensation is awarded, as well as an executed subrogation agreement. The administrative clerk of the commission shall, within five (5) days of receipt of the order, notify the claimant in writing of the decision and forward to the division a certified copy of the decision. (j) The commission may, at any time, on its own motion or on the application of the claimant, vary any award for the payment of compensation made under this chapter in such manner as the commission deems appropriate, whether as to the terms of the order or by increasing the amount of the award, or otherwise. Amended by 2024 Tenn. Acts, ch. 904,s 4, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 359, s 3, eff. 5/5/2023. Amended by 2021 Tenn. Acts, ch. 413, s 3, eff. 1/1/2022. Amended by 2017 Tenn. Acts, ch. 182, s 1, eff. 4/27/2017. Acts 1976, ch. 736, § 8; T.C.A., §§ 23-3508, 23-35-108; modified; Acts 1985, ch. 278, § 13; 1985, ch. 478, § 24; 1986, ch. 911, § 3; 1988, ch. 776, § 7; 1989, ch. 129, §§ 11-13; 1993, ch. 494, §§ 5-7, 19; 1996, ch. 675, § 14; 1998, ch. 785, §§ 20 - 26; 2000, ch. 573, § 3; 2003 , ch. 188, § 1; 2007 , ch. 211, § 3; 2011 , ch. 47, § 20.
(a) A claim for compensation must be filed not later than two (2) years after the occurrence of the crime upon which the claim is based, two (2) years after the death of the victim, or two (2) years after any mental or physical manifestation or injury is diagnosed as a result of an act committed against a minor that would constitute a criminal offense under §§ 39-13-502 - 39-13-505, § 39-13-522 , § 39-15-302 , § 39-17-902 , or §§ 39-17-1003 - 39-17-1005, or an attempt, conspiracy, or solicitation to commit such offenses; provided, that upon good cause shown, the time period for filing such claim may be extended either before or after the expiration of the filing period. A claim cannot be filed until the crime upon which the claim is based has been reported by the victim, or a member of the victim's family, to the proper authorities within fifteen (15) days after the occurrence of such crime unless, for good cause shown, it is found that the delay was justified. Good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is: (1) Physically unable; (2) A victim of sexual assault; (3) A victim of domestic abuse; or (4) A victim of human trafficking.
(1) Physically unable;
(2) A victim of sexual assault;
(3) A victim of domestic abuse; or
(4) A victim of human trafficking.
(b) Each claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name of the victim and that of the claimant, if different than that of the victim, the address of the victim and/or claimant, the county wherein the crime is alleged to have occurred, the name, if known, of the alleged offender, a brief statement of the alleged crime, the date and time the alleged crime was reported to law enforcement, the nature of compensation claimed and the race, sex, national origin and disability, if any, of the victim, and any other information required by the board of claims in order to satisfy federal regulations issued under the Victims of Crime Act of 1984.
(c) Within ten (10) days after receipt of the claim, the division shall notify the district attorney general. If a prosecution is pending or imminent for an offense arising out of the crime upon which the claim is based, the division or commission, whichever is applicable, shall suspend all action on the claim upon application of the district attorney general. In such event, the district attorney general shall notify the division or commission, whichever is applicable, within ten (10) days after completion of any such prosecution. Proceedings may further be suspended in the interest of justice if a civil action arising from such offense is pending or imminent. The division or commission, whichever is applicable, shall notify the claimant of any suspension under this subsection (c). A district attorney general who fails to supply the division with the report required in subsection (d) within one hundred eighty (180) days of the division's receipt of the claim shall be deemed to have waived the right to apply for a suspension under this section, unless good cause is shown for such failure.
(d) Unless the claim is suspended under subsection (c), the division shall investigate every claim for compensation and shall make every effort to honor or deny each claim within ninety (90) days of receipt of the claim. In investigating the claim, the division shall request from the appropriate district attorney general a report which shall present any information the district attorney general may have in support of or in opposition to the claim. If the claim is denied, the division shall so notify the claimant and inform the claimant of the reasons therefor and of such claimant's right to file the claim with the claims commission within ninety (90) days of the date of the denial notice. If the claim is honored, the division shall so notify the claimant and inform the claimant of the conditions of the settlement offer and of such claimant's right to file the claim with the claims commission within ninety (90) days of the date of the settlement notice if the conditions of the settlement offer are unacceptable. If the division fails to honor or deny the claim within the ninety-day settlement period, the division shall so notify the claimant and shall automatically transfer the claim to the administrative clerk of the commission; however, if the division has not received the report of appropriate district attorney general within the ninety-day settlement period, the division may, in its discretion, suspend action on the claim for an additional period not exceeding ninety (90) days. The division shall notify the claimant of any such suspension. Unless the claim is suspended under subsection (c), the division is authorized to transfer any claim filed under this chapter to the commission prior to the expiration of the ninety-day settlement period. The appropriate district attorney general shall be notified of the action of the division on each claim.
(e) (1) Upon filing or transferring a claim for compensation to the commission, the claim shall be considered, determined and subject to appeal in the manner set forth in § 9-8-403 . If a claimant consents to having the claimant's claim proceed upon affidavits filed with the commission without a hearing, the state shall be deemed to have waived a hearing on the claim unless the district attorney general requests a hearing within sixty (60) days after the claim is filed with, or transferred to, the claims commission. The district attorney general shall investigate the claim prior to the opening of formal commission proceedings and shall present any information such district attorney general may have in support of or in opposition to the claim. The report of the district attorney general and any police or offense reports attached thereto shall be sufficient compliance therewith; provided, such reports are accompanied by an affidavit of the district attorney general or law enforcement officer, where applicable, verifying the contents of the reports. Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and report of the district attorney general and the affidavit and report of the law enforcement officer shall be made a part of the record before the commission to the same extent as though the district attorney general or the appropriate law enforcement officer had been present and testified to the matters stated therein. The matters stated in such reports shall be presumed true in the absence of a preponderance of the evidence to the contrary. The personal attendance of the district attorney general and the law enforcement officer may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the district attorney general or law enforcement officer. Where personal attendance is required, the claimant shall serve the appropriate district attorney general and the appropriate law enforcement officer with a subpoena at least fourteen (14) days prior to the hearing which shall contain a clause which reads: "The procedure authorized pursuant to § 29-13-108(e) will not be deemed sufficient compliance with this subpoena." Notwithstanding any other law to the contrary, if the district attorney general attends the proceeding, the district attorney general may present into evidence any police or offense reports and any other reports generated through the district attorney general's investigation of the claim. (2) The claimant may present evidence and testimony on such claimant's own behalf, or the claimant may retain counsel. Any hearing held by the commission pursuant to this chapter which involves a claim based upon a sexually oriented offense shall, upon request of the claimant or counsel, be held in chambers unless good cause exists to the contrary. With the consent of the commission, the district attorney general may stipulate the circumstances of the claimant's victimization in lieu of direct testimony by the claimant.
(1) Upon filing or transferring a claim for compensation to the commission, the claim shall be considered, determined and subject to appeal in the manner set forth in § 9-8-403 . If a claimant consents to having the claimant's claim proceed upon affidavits filed with the commission without a hearing, the state shall be deemed to have waived a hearing on the claim unless the district attorney general requests a hearing within sixty (60) days after the claim is filed with, or transferred to, the claims commission. The district attorney general shall investigate the claim prior to the opening of formal commission proceedings and shall present any information such district attorney general may have in support of or in opposition to the claim. The report of the district attorney general and any police or offense reports attached thereto shall be sufficient compliance therewith; provided, such reports are accompanied by an affidavit of the district attorney general or law enforcement officer, where applicable, verifying the contents of the reports. Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and report of the district attorney general and the affidavit and report of the law enforcement officer shall be made a part of the record before the commission to the same extent as though the district attorney general or the appropriate law enforcement officer had been present and testified to the matters stated therein. The matters stated in such reports shall be presumed true in the absence of a preponderance of the evidence to the contrary. The personal attendance of the district attorney general and the law enforcement officer may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the district attorney general or law enforcement officer. Where personal attendance is required, the claimant shall serve the appropriate district attorney general and the appropriate law enforcement officer with a subpoena at least fourteen (14) days prior to the hearing which shall contain a clause which reads: "The procedure authorized pursuant to § 29-13-108(e) will not be deemed sufficient compliance with this subpoena." Notwithstanding any other law to the contrary, if the district attorney general attends the proceeding, the district attorney general may present into evidence any police or offense reports and any other reports generated through the district attorney general's investigation of the claim.
(2) The claimant may present evidence and testimony on such claimant's own behalf, or the claimant may retain counsel. Any hearing held by the commission pursuant to this chapter which involves a claim based upon a sexually oriented offense shall, upon request of the claimant or counsel, be held in chambers unless good cause exists to the contrary. With the consent of the commission, the district attorney general may stipulate the circumstances of the claimant's victimization in lieu of direct testimony by the claimant.
(f) Upon filing or transferring a claim for compensation to the commission, the division shall attach to the claim all documentation presented by the claimant in support of the claim, evidence received or considered, proposed findings, staff recommendations, memoranda, investigative reports and data submitted to the division. The documents shall be accompanied by an affidavit of an employee of the division, stating in substance that the affiant is a duly authorized custodian of the documents and has authority to certify the documents, and that the documents are true copies of all documents described in this subsection (f). Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and the documents submitted to the commission by the division shall constitute a part of the record of the commission and shall be considered in adjudicative proceedings under this part, including judicial review thereof.
(g) Notwithstanding any other law to the contrary, if the division denies a claim on the basis that the claimant does not meet the eligibility requirements for compensation under this part and the claimant appeals the denial to the commission, or if the division transfers the claim to the commission as a result of its inability to honor or deny the claim within the ninety-day settlement period, the commission shall consider the claim for the sole purpose of determining whether the claimant meets such eligibility requirements. Such eligibility requirements may include a determination as to whether the claimant has shown good cause for failing to file the claim within the two-year period as prescribed in subsection (a). Such eligibility requirements may include a determination as to whether the claimant has shown good cause for failing to file the claim. If the commission determines the claimant meets the eligibility requirements to receive compensation under this part, the commission shall enter an appropriate order reflecting such determination and remand the claim to the division of claims and risk management for the purpose of determining the amount of compensation to which the claimant is entitled and the manner in which such compensation shall be paid pursuant to § 29-13-111 . Such order shall include the findings of fact enumerated in § 29-13-109(b)(2)(A)-(H) and (L) -(O).
(h) Notwithstanding § 9-8-406 or any provision of this part to the contrary, the department of treasury may, at its sole discretion, submit a report to the commission which explains the department's action on the claim. Any such report shall be filed within the time allowed for the filing of a responsive brief by a party. The department shall serve copies of the report upon the claimant and the district attorney general. Any such report shall be considered by the commission without oral argument by the department.
(i) The commission shall attach to its decision all documentation presented in support of a claim for which compensation is awarded, as well as an executed subrogation agreement. The administrative clerk of the commission shall, within five (5) days of receipt of the order, notify the claimant in writing of the decision and forward to the division a certified copy of the decision.
(j) The commission may, at any time, on its own motion or on the application of the claimant, vary any award for the payment of compensation made under this chapter in such manner as the commission deems appropriate, whether as to the terms of the order or by increasing the amount of the award, or otherwise.
Amended by 2024 Tenn. Acts, ch. 904,s 4, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 359, s 3, eff. 5/5/2023.
Amended by 2021 Tenn. Acts, ch. 413, s 3, eff. 1/1/2022.
Amended by 2017 Tenn. Acts, ch. 182, s 1, eff. 4/27/2017.
Acts 1976, ch. 736, § 8; T.C.A., §§ 23-3508, 23-35-108; modified; Acts 1985, ch. 278, § 13; 1985, ch. 478, § 24; 1986, ch. 911, § 3; 1988, ch. 776, § 7; 1989, ch. 129, §§ 11-13; 1993, ch. 494, §§ 5-7, 19; 1996, ch. 675, § 14; 1998, ch. 785, §§ 20 - 26; 2000, ch. 573, § 3; 2003 , ch. 188, § 1; 2007 , ch. 211, § 3; 2011 , ch. 47, § 20.
Tenn. Code Ann. § 29-21-121 — TN Code / Title 29 / Chapter 21 / Section 29-21-121
Subpoena of witnesses
Status: in_force

(a) Subpoena for witnesses in all proceedings under this chapter may be issued by the court or judge granting the writ, or before whom the same is returnable, or by any general sessions judge. (b) Witnesses thus summoned are subject to the same penalties and entitled to the same privileges and fees as other witnesses. (c) Upon failure of the witness to attend, the fact shall be noted by the officer before whom the subpoena is returned, on the back thereof, and transmitted to the clerk of the circuit court of the county, who shall issue scire facias, as in other cases. Code 1858, §§ 3756-3758 (deriv. Acts 1823, ch. 15, §§ 1, 2); Shan., §§ 5536-5538; Code 1932, §§9706-9708; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1829.
(a) Subpoena for witnesses in all proceedings under this chapter may be issued by the court or judge granting the writ, or before whom the same is returnable, or by any general sessions judge.
(b) Witnesses thus summoned are subject to the same penalties and entitled to the same privileges and fees as other witnesses.
(c) Upon failure of the witness to attend, the fact shall be noted by the officer before whom the subpoena is returned, on the back thereof, and transmitted to the clerk of the circuit court of the county, who shall issue scire facias, as in other cases.
Code 1858, §§ 3756-3758 (deriv. Acts 1823, ch. 15, §§ 1, 2); Shan., §§ 5536-5538; Code 1932, §§9706-9708; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1829.
Tenn. Code Ann. § 29-41-101 — TN Code / Title 29 / Chapter 41 / Section 29-41-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "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; (B) Allegations and other factual contentions made in the civil action are without the existence of evidentiary support; or (C) Issue or issues that are the basis of the civil action have previously been filed in one (1) or more other courts or jurisdictions by the same, and the actions have been litigated and disposed of unfavorably to the plaintiff; (2) "Abusive civil action plaintiff" means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter; (3) "Civil action" means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure; (4) "Civil action defendant" means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter; (5) "Civil action party relationship" means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories: (A) Adults who are current or former spouses; (B) Adults who live together or who have lived together; (C) Adults who are dating or who have dated or who have or had a sexual relationship. As used in this subdivision (5)(C), "dating" and "dated" do not include fraternization between two (2) individuals in a business or social context; (D) Adults related by blood or adoption; (E) Adults who are related or were formerly related by marriage; or (F) Adult children of a person in a relationship that is described in subdivisions (5)(A)-(E); and (6) "Harass or maliciously injure" means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to: (A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless: (i) Punitive damages are requested and appropriate; or (ii) A change in the circumstances of the parties provides a good faith basis to seek a change to a financial award, support, or distribution of resources; (B) Prevent or interfere with the ability of the civil action defendant to raise a child or children for whom the civil action defendant has legal custody in the manner the civil action defendant deems appropriate unless the civil action plaintiff has a lawful right to interfere and a good faith basis for doing so; (C) Force, coerce, or attempt to force or coerce the civil action defendant to agree to or make adverse concessions concerning financial, custodial, support, or other issues when the issues in question have been previously litigated and decided in favor of the civil action defendant; (D) Force, coerce, or attempt to force or coerce the civil action defendant to alter, engage in, or refrain from engaging in conduct when the conduct is lawful and is conduct in which the civil action defendant has the right to engage; (E) Impair, or attempt to impair the health or well-being of the civil action defendant or a dependent of the civil action defendant; (F) Prevent, interfere, or adversely impact the ability of the civil action defendant to pursue or maintain a livelihood or lifestyle at the same or better standard as the civil action defendant enjoyed prior to the filing of the action primarily for the purpose of harassing or maliciously injuring the civil action defendant; or (G) Impair, diminish, or tarnish the civil action defendant's reputation in the community or alienate the civil action defendant's friends, colleagues, attorneys, or professional associates by subjecting parties without knowledge of or not reasonably relevant to the civil action to unreasonably or unnecessarily complex, lengthy, or intrusive interrogatories or depositions. Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
As used in this chapter:
(1) "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; (B) Allegations and other factual contentions made in the civil action are without the existence of evidentiary support; or (C) Issue or issues that are the basis of the civil action have previously been filed in one (1) or more other courts or jurisdictions by the same, and the actions have been litigated and disposed of unfavorably to the plaintiff;
(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;
(B) Allegations and other factual contentions made in the civil action are without the existence of evidentiary support; or
(C) Issue or issues that are the basis of the civil action have previously been filed in one (1) or more other courts or jurisdictions by the same, and the actions have been litigated and disposed of unfavorably to the plaintiff;
(2) "Abusive civil action plaintiff" means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter;
(3) "Civil action" means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure;
(4) "Civil action defendant" means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter;
(5) "Civil action party relationship" means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories: (A) Adults who are current or former spouses; (B) Adults who live together or who have lived together; (C) Adults who are dating or who have dated or who have or had a sexual relationship. As used in this subdivision (5)(C), "dating" and "dated" do not include fraternization between two (2) individuals in a business or social context; (D) Adults related by blood or adoption; (E) Adults who are related or were formerly related by marriage; or (F) Adult children of a person in a relationship that is described in subdivisions (5)(A)-(E); and
(A) Adults who are current or former spouses;
(B) Adults who live together or who have lived together;
(C) Adults who are dating or who have dated or who have or had a sexual relationship. As used in this subdivision (5)(C), "dating" and "dated" do not include fraternization between two (2) individuals in a business or social context;
(D) Adults related by blood or adoption;
(E) Adults who are related or were formerly related by marriage; or
(F) Adult children of a person in a relationship that is described in subdivisions (5)(A)-(E); and
(6) "Harass or maliciously injure" means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to: (A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless: (i) Punitive damages are requested and appropriate; or (ii) A change in the circumstances of the parties provides a good faith basis to seek a change to a financial award, support, or distribution of resources; (B) Prevent or interfere with the ability of the civil action defendant to raise a child or children for whom the civil action defendant has legal custody in the manner the civil action defendant deems appropriate unless the civil action plaintiff has a lawful right to interfere and a good faith basis for doing so; (C) Force, coerce, or attempt to force or coerce the civil action defendant to agree to or make adverse concessions concerning financial, custodial, support, or other issues when the issues in question have been previously litigated and decided in favor of the civil action defendant; (D) Force, coerce, or attempt to force or coerce the civil action defendant to alter, engage in, or refrain from engaging in conduct when the conduct is lawful and is conduct in which the civil action defendant has the right to engage; (E) Impair, or attempt to impair the health or well-being of the civil action defendant or a dependent of the civil action defendant; (F) Prevent, interfere, or adversely impact the ability of the civil action defendant to pursue or maintain a livelihood or lifestyle at the same or better standard as the civil action defendant enjoyed prior to the filing of the action primarily for the purpose of harassing or maliciously injuring the civil action defendant; or (G) Impair, diminish, or tarnish the civil action defendant's reputation in the community or alienate the civil action defendant's friends, colleagues, attorneys, or professional associates by subjecting parties without knowledge of or not reasonably relevant to the civil action to unreasonably or unnecessarily complex, lengthy, or intrusive interrogatories or depositions.
(A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless: (i) Punitive damages are requested and appropriate; or (ii) A change in the circumstances of the parties provides a good faith basis to seek a change to a financial award, support, or distribution of resources;
(i) Punitive damages are requested and appropriate; or
(ii) A change in the circumstances of the parties provides a good faith basis to seek a change to a financial award, support, or distribution of resources;
(B) Prevent or interfere with the ability of the civil action defendant to raise a child or children for whom the civil action defendant has legal custody in the manner the civil action defendant deems appropriate unless the civil action plaintiff has a lawful right to interfere and a good faith basis for doing so;
(C) Force, coerce, or attempt to force or coerce the civil action defendant to agree to or make adverse concessions concerning financial, custodial, support, or other issues when the issues in question have been previously litigated and decided in favor of the civil action defendant;
(D) Force, coerce, or attempt to force or coerce the civil action defendant to alter, engage in, or refrain from engaging in conduct when the conduct is lawful and is conduct in which the civil action defendant has the right to engage;
(E) Impair, or attempt to impair the health or well-being of the civil action defendant or a dependent of the civil action defendant;
(F) Prevent, interfere, or adversely impact the ability of the civil action defendant to pursue or maintain a livelihood or lifestyle at the same or better standard as the civil action defendant enjoyed prior to the filing of the action primarily for the purpose of harassing or maliciously injuring the civil action defendant; or
(G) Impair, diminish, or tarnish the civil action defendant's reputation in the community or alienate the civil action defendant's friends, colleagues, attorneys, or professional associates by subjecting parties without knowledge of or not reasonably relevant to the civil action to unreasonably or unnecessarily complex, lengthy, or intrusive interrogatories or depositions.
Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-20-206 — TN Code / Title 29 / Chapter 20 / Section 29-20-206
Construction of chapter as to liability - Effect of removal of immunity
Status: in_force

Nothing contained in this chapter, unless specifically provided, shall be construed as an admission or denial of liability or responsibility insofar as governmental entities are concerned. Wherein immunity from suit is removed by this chapter, consent to be sued is granted and liability of the governmental entity shall be determined as if the governmental entity were a private person. Acts 1973, ch. 345, § 4; T.C.A., § 23-3312.
Nothing contained in this chapter, unless specifically provided, shall be construed as an admission or denial of liability or responsibility insofar as governmental entities are concerned. Wherein immunity from suit is removed by this chapter, consent to be sued is granted and liability of the governmental entity shall be determined as if the governmental entity were a private person.
Acts 1973, ch. 345, § 4; T.C.A., § 23-3312.
Tenn. Code Ann. § 29-40-112 — TN Code / Title 29 / Chapter 40 / Section 29-40-112
Powers and duties of receiver
Status: in_force

(a) Except as limited by court order or the law of this state, other than this chapter, a receiver may: (1) Collect, control, manage, conserve, and protect receivership property; (2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business; (3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property; (4) Assert a right, claim, cause of action, or defense of the owner that relates to receivership property; (5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers, and performance of the receiver's duties; (6) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership; (7) Engage a professional as provided in § 29-40-115 ; (8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and (9) Exercise any power conferred by court order, this chapter, or a law of this state other than this chapter. (b) With court approval, a receiver may: (1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business; (2) Make improvements to receivership property; (3) Use or transfer receivership property other than in the ordinary course of business as provided in § 29-40-116 ; (4) Adopt or reject an executory contract of the owner as provided in § 29-40-117 ; (5) Pay compensation to the receiver as provided in § 29-40-121 , and to each professional engaged by the receiver as provided in § 29-40-115 ; (6) Recommend allowance or disallowance of a claim of a creditor as provided in § 29-40-120 ; and (7) Make a distribution of receivership property as provided in § 29-40-120 . (c) A receiver shall: (1) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property; (2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property; (3) File with the county clerk of the county where the real property is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description; (4) Disclose to the court any fact arising during the receivership that would disqualify the receiver under § 29-40-107 ; and (5) Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter. (d) The powers and duties of a receiver may be expanded, modified, or limited by court order. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Except as limited by court order or the law of this state, other than this chapter, a receiver may: (1) Collect, control, manage, conserve, and protect receivership property; (2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business; (3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property; (4) Assert a right, claim, cause of action, or defense of the owner that relates to receivership property; (5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers, and performance of the receiver's duties; (6) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership; (7) Engage a professional as provided in § 29-40-115 ; (8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and (9) Exercise any power conferred by court order, this chapter, or a law of this state other than this chapter.
(1) Collect, control, manage, conserve, and protect receivership property;
(2) Operate a business constituting receivership property, including preservation, use, sale, lease, license, exchange, collection, or disposition of the property in the ordinary course of business;
(3) In the ordinary course of business, incur unsecured debt and pay expenses incidental to the receiver's preservation, use, sale, lease, license, exchange, collection, or disposition of receivership property;
(4) Assert a right, claim, cause of action, or defense of the owner that relates to receivership property;
(5) Seek and obtain instruction from the court concerning receivership property, exercise of the receiver's powers, and performance of the receiver's duties;
(6) On subpoena, compel a person to submit to examination under oath, or to produce and permit inspection and copying of designated records or tangible things, with respect to receivership property or any other matter that may affect administration of the receivership;
(7) Engage a professional as provided in § 29-40-115 ;
(8) Apply to a court of another state for appointment as ancillary receiver with respect to receivership property located in that state; and
(9) Exercise any power conferred by court order, this chapter, or a law of this state other than this chapter.
(b) With court approval, a receiver may: (1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business; (2) Make improvements to receivership property; (3) Use or transfer receivership property other than in the ordinary course of business as provided in § 29-40-116 ; (4) Adopt or reject an executory contract of the owner as provided in § 29-40-117 ; (5) Pay compensation to the receiver as provided in § 29-40-121 , and to each professional engaged by the receiver as provided in § 29-40-115 ; (6) Recommend allowance or disallowance of a claim of a creditor as provided in § 29-40-120 ; and (7) Make a distribution of receivership property as provided in § 29-40-120 .
(1) Incur debt for the use or benefit of receivership property other than in the ordinary course of business;
(2) Make improvements to receivership property;
(3) Use or transfer receivership property other than in the ordinary course of business as provided in § 29-40-116 ;
(4) Adopt or reject an executory contract of the owner as provided in § 29-40-117 ;
(5) Pay compensation to the receiver as provided in § 29-40-121 , and to each professional engaged by the receiver as provided in § 29-40-115 ;
(6) Recommend allowance or disallowance of a claim of a creditor as provided in § 29-40-120 ; and
(7) Make a distribution of receivership property as provided in § 29-40-120 .
(c) A receiver shall: (1) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property; (2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property; (3) File with the county clerk of the county where the real property is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description; (4) Disclose to the court any fact arising during the receivership that would disqualify the receiver under § 29-40-107 ; and (5) Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter.
(1) Prepare and retain appropriate business records, including a record of each receipt, disbursement, and disposition of receivership property;
(2) Account for receivership property, including the proceeds of a sale, lease, license, exchange, collection, or other disposition of the property;
(3) File with the county clerk of the county where the real property is located a copy of the order appointing the receiver and, if a legal description of the real property is not included in the order, the legal description;
(4) Disclose to the court any fact arising during the receivership that would disqualify the receiver under § 29-40-107 ; and
(5) Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter.
(d) The powers and duties of a receiver may be expanded, modified, or limited by court order.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-34-602 — TN Code / Title 29 / Chapter 34 / Section 29-34-602
Part definitions
Status: in_force

As used in this part: (1) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR 1910 at the time the asbestos action is filed; (2) "Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. "Asbestos action" does not include a claim for compensatory benefits pursuant to workers' compensation law or for veterans' benefits; (3) "Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. § 524(g) or 11 U.S.C. § 1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos; (4) "Plaintiff" means a person asserting an asbestos action, a decedent if the action is brought through or on behalf of an estate, or a parent or guardian if the action is brought through or on behalf of a minor or an incompetent person; (5) "Trust claims materials" means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and if the asbestos trust claim has settled, all documents relating to the settlement of the asbestos trust claim; (6) "Trust governance documents" means all documents that relate to eligibility and payment levels for an asbestos trust, including claims payment matrices, trust distribution procedures, or plans for reorganization; (7) "Veterans' benefits" means a program for benefits in connection with military service administered by the veterans' administration under title 38 of the United States Code; and (8) "Workers' compensation" means a program administered by the United States or a state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. "Workers' compensation" includes the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. §§ 901 et seq.), and Federal Employees' Compensation Act (5 U.S.C. chapter 81). "Workers' compensation" does not include the Federal Employers' Liability Act of April 22, 1908 (4 5 U.S.C. §§ 51 et seq.). Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
As used in this part:
(1) "Asbestos" means chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, and any of these minerals that have been chemically treated or altered, including all minerals defined as asbestos in 29 CFR 1910 at the time the asbestos action is filed;
(2) "Asbestos action" means a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. "Asbestos action" does not include a claim for compensatory benefits pursuant to workers' compensation law or for veterans' benefits;
(3) "Asbestos trust" means a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. § 524(g) or 11 U.S.C. § 1121(a) or other applicable provision of law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos;
(4) "Plaintiff" means a person asserting an asbestos action, a decedent if the action is brought through or on behalf of an estate, or a parent or guardian if the action is brought through or on behalf of a minor or an incompetent person;
(5) "Trust claims materials" means a final executed proof of claim and all other documents and information related to a claim against an asbestos trust, including claims forms and supplementary materials, affidavits, depositions and trial testimony, work history, medical and health records, documents reflecting the status of a claim against an asbestos trust, and if the asbestos trust claim has settled, all documents relating to the settlement of the asbestos trust claim;
(6) "Trust governance documents" means all documents that relate to eligibility and payment levels for an asbestos trust, including claims payment matrices, trust distribution procedures, or plans for reorganization;
(7) "Veterans' benefits" means a program for benefits in connection with military service administered by the veterans' administration under title 38 of the United States Code; and
(8) "Workers' compensation" means a program administered by the United States or a state to provide benefits, funded by a responsible employer or its insurance carrier, for occupational diseases or injuries or for disability or death caused by occupational diseases or injuries. "Workers' compensation" includes the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. §§ 901 et seq.), and Federal Employees' Compensation Act (5 U.S.C. chapter 81). "Workers' compensation" does not include the Federal Employers' Liability Act of April 22, 1908 (4 5 U.S.C. §§ 51 et seq.).
Added by 2016 Tenn. Acts, ch. 635, s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-20-111 — TN Code / Title 29 / Chapter 20 / Section 29-20-111
No employee liability for attempts to maintain order in judicial proceedings
Status: in_force

Notwithstanding any provision of this chapter or any other law to the contrary, no claim may be brought, or any judgment entered against an employee of local government, who is acting in good faith and within the scope of employment, arising from the employee's negligent act or omission in attempting to control another person's disorderly conduct or violent behavior that delays or disrupts, or threatens to delay or disrupt, a courtroom proceeding or that jeopardizes the safety of a judge, judicial employee, attorney, litigant, witness, or spectator who is present for a judicial proceeding. Acts 2002, ch. 839, § 1.
Notwithstanding any provision of this chapter or any other law to the contrary, no claim may be brought, or any judgment entered against an employee of local government, who is acting in good faith and within the scope of employment, arising from the employee's negligent act or omission in attempting to control another person's disorderly conduct or violent behavior that delays or disrupts, or threatens to delay or disrupt, a courtroom proceeding or that jeopardizes the safety of a judge, judicial employee, attorney, litigant, witness, or spectator who is present for a judicial proceeding.
Acts 2002, ch. 839, § 1.
Tenn. Code Ann. § 29-18-117 — TN Code / Title 29 / Chapter 18 / Section 29-18-117
Time of trial
Status: in_force

The officer serving the warrant shall notify the defendant of the time and place of trial, the time not to be less than six (6) days from the date of service. Code 1858, § 3352 (deriv. Acts 1841-1842, ch. 186, § 2); Shan., §5101; Code 1932, § 9255; T.C.A. (orig. ed.), § 23-1617.
The officer serving the warrant shall notify the defendant of the time and place of trial, the time not to be less than six (6) days from the date of service.
Code 1858, § 3352 (deriv. Acts 1841-1842, ch. 186, § 2); Shan., §5101; Code 1932, § 9255; T.C.A. (orig. ed.), § 23-1617.
Tenn. Code Ann. § 29-18-134 — TN Code / Title 29 / Chapter 18 / Section 29-18-134
Trespass action
Status: in_force

The judgment in a case of forcible entry and detainer shall be no bar to an action against the defendant for trespass. Code 1858, § 3372 (deriv. Acts 1821, ch. 14, § 19); Shan., § 5122; Code 1932, § 9277; T.C.A. (orig. ed.), § 23-1636.
The judgment in a case of forcible entry and detainer shall be no bar to an action against the defendant for trespass.
Code 1858, § 3372 (deriv. Acts 1821, ch. 14, § 19); Shan., § 5122; Code 1932, § 9277; T.C.A. (orig. ed.), § 23-1636.
Tenn. Code Ann. § 29-38-106 — TN Code / Title 29 / Chapter 38 / Section 29-38-106
Persons allowed to bring an action for damages - Persons against whom damages may be sought - What damages may be sought
Status: in_force

(a) One (1) or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) An individual who was exposed to an illegal drug in utero; (3) An employer of the individual drug user; (4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user, or that otherwise expended money on behalf of the individual drug user; or (5) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user. (b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; (2) A person who knowingly participated in the illegal drug market, if: (A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use. (c) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use; (2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug; (3) Exemplary damages; (4) Reasonable attorney fees; and (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. Acts 2005, ch. 377, § 6.
(a) One (1) or more of the following persons may bring an action for damages caused by an individual's use of an illegal drug: (1) A parent, legal guardian, child, spouse, or sibling of the individual drug user; (2) An individual who was exposed to an illegal drug in utero; (3) An employer of the individual drug user; (4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user, or that otherwise expended money on behalf of the individual drug user; or (5) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
(1) A parent, legal guardian, child, spouse, or sibling of the individual drug user;
(2) An individual who was exposed to an illegal drug in utero;
(3) An employer of the individual drug user;
(4) A medical facility, insurer, governmental entity, employer, or other entity that funds a drug treatment program or employee assistance program for the individual drug user, or that otherwise expended money on behalf of the individual drug user; or
(5) A person injured as a result of the willful, reckless, or negligent actions of an individual drug user.
(b) A person entitled to bring an action under this section may seek damages from one (1) or more of the following: (1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user; (2) A person who knowingly participated in the illegal drug market, if: (A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.
(1) A person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the individual drug user;
(2) A person who knowingly participated in the illegal drug market, if: (A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant; (B) The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and (C) The defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.
(A) The place of illegal drug activity by the individual drug user is within the illegal drug market target community of the defendant;
(B) The defendant's participation in the illegal drug market was connected with the same type of illegal drug used by the individual drug user; and
(C) The defendant participated in the illegal drug market at any time during the individual drug user's period of illegal drug use.
(c) A person entitled to bring an action under this section may recover all of the following damages: (1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use; (2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug; (3) Exemplary damages; (4) Reasonable attorney fees; and (5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
(1) Economic damages, including, but not limited to, the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the illegal drug use;
(2) Noneconomic damages, including, but not limited to, physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary losses proximately caused by an individual's use of an illegal drug;
(3) Exemplary damages;
(4) Reasonable attorney fees; and
(5) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Acts 2005, ch. 377, § 6.
Tenn. Code Ann. § 29-16-102 — TN Code / Title 29 / Chapter 16 / Section 29-16-102
Incorporation of chapter into other laws
Status: in_force

(a) This chapter shall be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of such condemnation. (b) The making of compensation for such a taking, as therein set forth, shall also be so implied. Code 1932, § 3133; T.C.A. (orig. ed.), § 23-1402.
(a) This chapter shall be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of such condemnation.
(b) The making of compensation for such a taking, as therein set forth, shall also be so implied.
Code 1932, § 3133; T.C.A. (orig. ed.), § 23-1402.
Tenn. Code Ann. § 29-34-304 — TN Code / Title 29 / Chapter 34 / Section 29-34-304
Prima facie showing of impairment or disease required - Compliance with standards in determining impairment - Exhumation not authorized
Status: in_force

(a) No person shall bring or maintain a civil action alleging a silica or mixed dust disease claim based on a nonmalignant condition in the absence of a prima facie showing that, in the opinion of a competent medical authority, the exposed person has a physical impairment, and that the person's exposure to silica or mixed dust is a substantial contributing factor to the physical impairment. The prima facie showing shall include: (1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (a), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life; (2) Evidence verifying that there has been a sufficient latency period in the context of the chronic, accelerated, or acute forms of the silicosis or mixed dust disease; (3) A diagnosis by a competent medical authority, based on the detailed medical history, a medical examination, and pulmonary function testing, that both of the following apply to the exposed person: (A) The exposed person has a permanent respiratory impairment rating of at least Class 2, as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment; and (B) The exposed person has silicosis or mixed dust disease based at a minimum on radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease; and (4) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's impairment. A diagnosis that states that the medical findings and impairment are consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (a)(4). (b) No person shall bring or maintain a civil action alleging that silica or mixed dust caused that person to contract lung cancer in the absence of a prima facie showing that, in the opinion of a competent medical authority, the person has a primary lung cancer, and that the person's exposure to silica or mixed dust is a substantial contributing factor to the lung cancer. The prima facie showing shall include: (1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (b), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life; (2) Evidence sufficient to demonstrate that at least ten (10) years have elapsed from the date of the exposed person's first exposure to silica or mixed dust until the date of diagnosis of the exposed person's primary lung cancer; (3) Radiological or pathological evidence of silicosis or of mixed dust disease; (4) Evidence of the exposed person's substantial occupational exposure to silica or mixed dust; and (5) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's lung cancer. A diagnosis that states that the cancer is consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (b)(5). (c) No person shall bring or maintain a civil action alleging a silica or mixed dust disease claim based on the wrongful death of an exposed person in the absence of a prima facie showing that, in the opinion of a competent medical authority, the death of the exposed person was the result of a physical impairment, and that the person's exposure to silica or mixed dust was a substantial contributing factor to the physical impairment causing the person's death. The prima facie showing shall include: (1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (c), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life; (2) Evidence sufficient to demonstrate that at least ten (10) years have elapsed from the date of the exposed person's first exposure to silica or mixed dust until the date of diagnosis of the exposed person's primary lung cancer or, if the death is not alleged to be cancer-related, evidence verifying that there has been a sufficient latency period in the context of the chronic, accelerated, or acute forms of the silicosis or mixed dust disease; (3) Radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease; (4) Evidence of the exposed person's substantial occupational exposure to silica or mixed dust; and (5) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's death. A diagnosis that states that the medical findings, impairment, or lung cancer are consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (c)(5). (d) Evidence relating to any physical impairment under this part, including pulmonary function testing and diffusing studies, shall comply with the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment incorporated in the AMA guides to the evaluation of permanent impairment and the official statements of the American Thoracic Society regarding lung function testing, including general considerations for lung function testing, standardization of spirometry, standardization of the measurement of lung volumes, standardization of the single-breath determination of carbon monoxide uptake in the lung, and interpretative strategies for lung testing in effect at the time of the performance of any examination or test on the exposed person required under this part. (e) Nothing in this part shall be interpreted as authorizing the exhumation of bodies. Acts 2006, ch. 728, § 5.
(a) No person shall bring or maintain a civil action alleging a silica or mixed dust disease claim based on a nonmalignant condition in the absence of a prima facie showing that, in the opinion of a competent medical authority, the exposed person has a physical impairment, and that the person's exposure to silica or mixed dust is a substantial contributing factor to the physical impairment. The prima facie showing shall include: (1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (a), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life; (2) Evidence verifying that there has been a sufficient latency period in the context of the chronic, accelerated, or acute forms of the silicosis or mixed dust disease; (3) A diagnosis by a competent medical authority, based on the detailed medical history, a medical examination, and pulmonary function testing, that both of the following apply to the exposed person: (A) The exposed person has a permanent respiratory impairment rating of at least Class 2, as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment; and (B) The exposed person has silicosis or mixed dust disease based at a minimum on radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease; and (4) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's impairment. A diagnosis that states that the medical findings and impairment are consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (a)(4).
(1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (a), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life;
(2) Evidence verifying that there has been a sufficient latency period in the context of the chronic, accelerated, or acute forms of the silicosis or mixed dust disease;
(3) A diagnosis by a competent medical authority, based on the detailed medical history, a medical examination, and pulmonary function testing, that both of the following apply to the exposed person: (A) The exposed person has a permanent respiratory impairment rating of at least Class 2, as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment; and (B) The exposed person has silicosis or mixed dust disease based at a minimum on radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease; and
(A) The exposed person has a permanent respiratory impairment rating of at least Class 2, as defined by and evaluated pursuant to the AMA guides to the evaluation of permanent impairment; and
(B) The exposed person has silicosis or mixed dust disease based at a minimum on radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease; and
(4) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's impairment. A diagnosis that states that the medical findings and impairment are consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (a)(4).
(b) No person shall bring or maintain a civil action alleging that silica or mixed dust caused that person to contract lung cancer in the absence of a prima facie showing that, in the opinion of a competent medical authority, the person has a primary lung cancer, and that the person's exposure to silica or mixed dust is a substantial contributing factor to the lung cancer. The prima facie showing shall include: (1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (b), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life; (2) Evidence sufficient to demonstrate that at least ten (10) years have elapsed from the date of the exposed person's first exposure to silica or mixed dust until the date of diagnosis of the exposed person's primary lung cancer; (3) Radiological or pathological evidence of silicosis or of mixed dust disease; (4) Evidence of the exposed person's substantial occupational exposure to silica or mixed dust; and (5) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's lung cancer. A diagnosis that states that the cancer is consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (b)(5).
(1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (b), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life;
(2) Evidence sufficient to demonstrate that at least ten (10) years have elapsed from the date of the exposed person's first exposure to silica or mixed dust until the date of diagnosis of the exposed person's primary lung cancer;
(3) Radiological or pathological evidence of silicosis or of mixed dust disease;
(4) Evidence of the exposed person's substantial occupational exposure to silica or mixed dust; and
(5) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's lung cancer. A diagnosis that states that the cancer is consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (b)(5).
(c) No person shall bring or maintain a civil action alleging a silica or mixed dust disease claim based on the wrongful death of an exposed person in the absence of a prima facie showing that, in the opinion of a competent medical authority, the death of the exposed person was the result of a physical impairment, and that the person's exposure to silica or mixed dust was a substantial contributing factor to the physical impairment causing the person's death. The prima facie showing shall include: (1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (c), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life; (2) Evidence sufficient to demonstrate that at least ten (10) years have elapsed from the date of the exposed person's first exposure to silica or mixed dust until the date of diagnosis of the exposed person's primary lung cancer or, if the death is not alleged to be cancer-related, evidence verifying that there has been a sufficient latency period in the context of the chronic, accelerated, or acute forms of the silicosis or mixed dust disease; (3) Radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease; (4) Evidence of the exposed person's substantial occupational exposure to silica or mixed dust; and (5) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's death. A diagnosis that states that the medical findings, impairment, or lung cancer are consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (c)(5).
(1) Evidence that a competent medical authority has taken from the exposed person a detailed medical history, which includes, to the extent necessary to render the opinion referred to in this subsection (c), the occupational and exposure history of the exposed person. If the exposed person is deceased, the occupational and exposure history of the exposed person shall be taken from the person or persons who are most knowledgeable about these areas of the exposed person's life;
(2) Evidence sufficient to demonstrate that at least ten (10) years have elapsed from the date of the exposed person's first exposure to silica or mixed dust until the date of diagnosis of the exposed person's primary lung cancer or, if the death is not alleged to be cancer-related, evidence verifying that there has been a sufficient latency period in the context of the chronic, accelerated, or acute forms of the silicosis or mixed dust disease;
(3) Radiological or pathological evidence of silicosis or radiological or pathological evidence of mixed dust disease;
(4) Evidence of the exposed person's substantial occupational exposure to silica or mixed dust; and
(5) Verification that the competent medical authority has concluded that exposure to silica or mixed dust was a substantial contributing factor to the exposed person's death. A diagnosis that states that the medical findings, impairment, or lung cancer are consistent with or compatible with silica or mixed dust exposure does not meet the requirements of this subdivision (c)(5).
(d) Evidence relating to any physical impairment under this part, including pulmonary function testing and diffusing studies, shall comply with the technical recommendations for examinations, testing procedures, quality assurance, quality control, and equipment incorporated in the AMA guides to the evaluation of permanent impairment and the official statements of the American Thoracic Society regarding lung function testing, including general considerations for lung function testing, standardization of spirometry, standardization of the measurement of lung volumes, standardization of the single-breath determination of carbon monoxide uptake in the lung, and interpretative strategies for lung testing in effect at the time of the performance of any examination or test on the exposed person required under this part.
(e) Nothing in this part shall be interpreted as authorizing the exhumation of bodies.
Acts 2006, ch. 728, § 5.
Tenn. Code Ann. § 29-18-135 — TN Code / Title 29 / Chapter 18 / Section 29-18-135
Limited alternative remedy to remove unauthorized persons from residential real property
Status: in_force

(a) As used in this section, "immediate family member" means a spouse, parent, sibling, or child. (b) The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity. (c) Notwithstanding this chapter to the contrary, a property owner, or the property owner's authorized agent, may request from the sheriff of the county in which the property is located the immediate removal of any person unlawfully occupying a residential dwelling pursuant to this section if the following conditions are met: (1) The requesting person is the property owner or authorized agent of the property owner; (2) The real property that is being occupied includes a residential dwelling; (3) An unauthorized person has unlawfully entered and remains or continues to reside on the property owner's property; (4) The real property was not open to members of the public at the time the unauthorized person entered; (5) The property owner has directed the unauthorized person to leave the property; (6) The unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner; (7) The unauthorized person is not an immediate family member of the property owner; and (8) There is no pending litigation related to the real property between the property owner and any known unauthorized person. (d) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner, or the property owner's authorized agent, must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property to the sheriff of the county in which the real property is located. The submitted complaint must be substantially in the following form: COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY I, ____________________, the owner or authorized agent of the owner of the real property located at ____________________, declare under the penalty of perjury that (initial each box): 1. ____________________ I am the owner of the real property or the authorized agent of the owner of the real property. 2. ____________________ I purchased the property on ____________________. 3. ____________________ The real property is a residential dwelling. 4. ____________________ An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property. 5. ____________________ The real property was not open to members of the public at the time the unauthorized person or persons entered. 6. ____________________ I have directed the unauthorized person or persons to leave the real property, but they have not done so. 7. ____________________ The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent. 8. ____________________ The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud. 9. ____________________ The unauthorized person or persons are not immediate family members of the property owner. 10. ____________________ There is no litigation related to the real property pending between the property owner and any person sought to be removed. 11. ____________________ I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees. 12. ____________________ I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property. 13. ____________________ A copy of my valid government-issued identification is attached, or I am an agent of the property owner and documents evidencing my authority to act on the property owner's behalf are attached. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN TENNESSEE CODE ANNOTATED, SECTION 39-16-702 . ____________________ (Signature of Property Owner or Agent of Owner) (e) (1) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property, or the authorized agent of the owner, and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. (2) The sheriff shall attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause. (f) (1) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under § 29-15-114 . (2) After the sheriff serves the notice to immediately vacate, the property owner, or authorized agent, may request that the sheriff stand by to keep the peace while the property owner, or agent of the owner, changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. (3) The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property resulting from actions taken pursuant to this section. (4) The property owner, or the property owner's authorized agent, is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property resulting from actions taken pursuant to this section unless the removal was wrongful. (g) (1) A person may bring a civil cause of action for wrongful removal under this section. The court shall expedite the hearing on such a civil cause of action. (2) A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees. (h) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes. (i) (1) If any conflict exists between title 66, chapter 7, and this section, then this section controls. (2) If any conflict exists between the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28, and this section, then this section controls. Added by 2024 Tenn. Acts, ch. 1009,s 1, eff. 7/1/2024.
(a) As used in this section, "immediate family member" means a spouse, parent, sibling, or child.
(b) The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.
(c) Notwithstanding this chapter to the contrary, a property owner, or the property owner's authorized agent, may request from the sheriff of the county in which the property is located the immediate removal of any person unlawfully occupying a residential dwelling pursuant to this section if the following conditions are met: (1) The requesting person is the property owner or authorized agent of the property owner; (2) The real property that is being occupied includes a residential dwelling; (3) An unauthorized person has unlawfully entered and remains or continues to reside on the property owner's property; (4) The real property was not open to members of the public at the time the unauthorized person entered; (5) The property owner has directed the unauthorized person to leave the property; (6) The unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner; (7) The unauthorized person is not an immediate family member of the property owner; and (8) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
(1) The requesting person is the property owner or authorized agent of the property owner;
(2) The real property that is being occupied includes a residential dwelling;
(3) An unauthorized person has unlawfully entered and remains or continues to reside on the property owner's property;
(4) The real property was not open to members of the public at the time the unauthorized person entered;
(5) The property owner has directed the unauthorized person to leave the property;
(6) The unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner;
(7) The unauthorized person is not an immediate family member of the property owner; and
(8) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
(d) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner, or the property owner's authorized agent, must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property to the sheriff of the county in which the real property is located. The submitted complaint must be substantially in the following form: COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY I, ____________________, the owner or authorized agent of the owner of the real property located at ____________________, declare under the penalty of perjury that (initial each box): 1. ____________________ I am the owner of the real property or the authorized agent of the owner of the real property. 2. ____________________ I purchased the property on ____________________. 3. ____________________ The real property is a residential dwelling. 4. ____________________ An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property. 5. ____________________ The real property was not open to members of the public at the time the unauthorized person or persons entered. 6. ____________________ I have directed the unauthorized person or persons to leave the real property, but they have not done so. 7. ____________________ The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent. 8. ____________________ The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud. 9. ____________________ The unauthorized person or persons are not immediate family members of the property owner. 10. ____________________ There is no litigation related to the real property pending between the property owner and any person sought to be removed. 11. ____________________ I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees. 12. ____________________ I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property. 13. ____________________ A copy of my valid government-issued identification is attached, or I am an agent of the property owner and documents evidencing my authority to act on the property owner's behalf are attached. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN TENNESSEE CODE ANNOTATED, SECTION 39-16-702 . ____________________ (Signature of Property Owner or Agent of Owner)
COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING
RESIDENTIAL REAL PROPERTY
I, ____________________, the owner or authorized agent of the owner of the real property located at ____________________, declare under the penalty of perjury that (initial each box):
1. ____________________ I am the owner of the real property or the authorized agent of the owner of the real property.
2. ____________________ I purchased the property on ____________________.
3. ____________________ The real property is a residential dwelling.
4. ____________________ An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.
5. ____________________ The real property was not open to members of the public at the time the unauthorized person or persons entered.
6. ____________________ I have directed the unauthorized person or persons to leave the real property, but they have not done so.
7. ____________________ The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.
8. ____________________ The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.
9. ____________________ The unauthorized person or persons are not immediate family members of the property owner.
10. ____________________ There is no litigation related to the real property pending between the property owner and any person sought to be removed.
11. ____________________ I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.
12. ____________________ I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property.
13. ____________________ A copy of my valid government-issued identification is attached, or I am an agent of the property owner and documents evidencing my authority to act on the property owner's behalf are attached. I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN TENNESSEE CODE ANNOTATED, SECTION 39-16-702 . ____________________ (Signature of Property Owner or Agent of Owner)
I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN TENNESSEE CODE ANNOTATED, SECTION 39-16-702 .
____________________ (Signature of Property Owner or Agent of Owner)
(e) (1) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property, or the authorized agent of the owner, and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling. (2) The sheriff shall attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.
(1) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property, or the authorized agent of the owner, and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling.
(2) The sheriff shall attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.
(f) (1) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under § 29-15-114 . (2) After the sheriff serves the notice to immediately vacate, the property owner, or authorized agent, may request that the sheriff stand by to keep the peace while the property owner, or agent of the owner, changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff. (3) The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property resulting from actions taken pursuant to this section. (4) The property owner, or the property owner's authorized agent, is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property resulting from actions taken pursuant to this section unless the removal was wrongful.
(1) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under § 29-15-114 .
(2) After the sheriff serves the notice to immediately vacate, the property owner, or authorized agent, may request that the sheriff stand by to keep the peace while the property owner, or agent of the owner, changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff.
(3) The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property resulting from actions taken pursuant to this section.
(4) The property owner, or the property owner's authorized agent, is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property resulting from actions taken pursuant to this section unless the removal was wrongful.
(g) (1) A person may bring a civil cause of action for wrongful removal under this section. The court shall expedite the hearing on such a civil cause of action. (2) A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.
(1) A person may bring a civil cause of action for wrongful removal under this section. The court shall expedite the hearing on such a civil cause of action.
(2) A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.
(h) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.
(i) (1) If any conflict exists between title 66, chapter 7, and this section, then this section controls. (2) If any conflict exists between the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28, and this section, then this section controls.
(1) If any conflict exists between title 66, chapter 7, and this section, then this section controls.
(2) If any conflict exists between the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28, and this section, then this section controls.
Added by 2024 Tenn. Acts, ch. 1009,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 29-20-306 — TN Code / Title 29 / Chapter 20 / Section 29-20-306
Bond for costs or pauper's oath
Status: in_force

At the time of filing the action the plaintiff shall file a bond for costs or pauper's oath required by chapter 18 of this title. Acts 1973, ch. 345, § 19; T.C.A., § 23-3318.
At the time of filing the action the plaintiff shall file a bond for costs or pauper's oath required by chapter 18 of this title.
Acts 1973, ch. 345, § 19; T.C.A., § 23-3318.
Tenn. Code Ann. § 29-34-308 — TN Code / Title 29 / Chapter 34 / Section 29-34-308
Claims arising in Tennessee - Severance of actions - Venue
Status: in_force

(a) No civil action alleging a silica claim or mixed dust disease claim may be filed in the courts of Tennessee after July 1, 2006, unless the plaintiff was a resident of Tennessee at the time the claim arose or the plaintiff's claim arose in Tennessee. For purposes of this part, a claim arises in Tennessee if the plaintiff was located in Tennessee at the time the plaintiff alleges to have been exposed to silica or mixed dust. (b) To comply with this section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a court shall consider each claim individually and shall sever from the action the claims that are subject to this part. (c) A civil action under this part may be filed only in the venue where the plaintiff resides, or was exposed to silica, mixed dust, or both, that was a substantial contributing factor to the physical impairment on which plaintiff's claim is based. If a plaintiff alleges that the plaintiff was exposed to silica, mixed dust, or both, in more than one (1) venue, the court shall determine, upon motion of any defendant found outside the venue in which the tort action is pending, which venue is the most appropriate forum for the claim, considering the relative amounts and lengths of the plaintiff's exposure to silica or mixed dust in each venue. Acts 2006, ch. 728, § 9.
(a) No civil action alleging a silica claim or mixed dust disease claim may be filed in the courts of Tennessee after July 1, 2006, unless the plaintiff was a resident of Tennessee at the time the claim arose or the plaintiff's claim arose in Tennessee. For purposes of this part, a claim arises in Tennessee if the plaintiff was located in Tennessee at the time the plaintiff alleges to have been exposed to silica or mixed dust.
(b) To comply with this section in relation to an action that involves both claims that arose in this state and claims that arose outside this state, a court shall consider each claim individually and shall sever from the action the claims that are subject to this part.
(c) A civil action under this part may be filed only in the venue where the plaintiff resides, or was exposed to silica, mixed dust, or both, that was a substantial contributing factor to the physical impairment on which plaintiff's claim is based. If a plaintiff alleges that the plaintiff was exposed to silica, mixed dust, or both, in more than one (1) venue, the court shall determine, upon motion of any defendant found outside the venue in which the tort action is pending, which venue is the most appropriate forum for the claim, considering the relative amounts and lengths of the plaintiff's exposure to silica or mixed dust in each venue.
Acts 2006, ch. 728, § 9.
Tenn. Code Ann. § 29-34-212 — TN Code / Title 29 / Chapter 34 / Section 29-34-212
No cause of action for wrongful birth or wrongful life
Status: in_force

(a) There is no cause of action for wrongful birth on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born. (b) There is no cause of action for wrongful life on behalf of any person based on a claim that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted. (c) For the purposes of this section, a person is deemed to be conceived at the moment of fertilization, as that term is defined in § 39-15-213 . Added by 2021 Tenn. Acts, ch. 379, s 1, eff. 5/11/2021.
(a) There is no cause of action for wrongful birth on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born.
(b) There is no cause of action for wrongful life on behalf of any person based on a claim that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted.
(c) For the purposes of this section, a person is deemed to be conceived at the moment of fertilization, as that term is defined in § 39-15-213 .
Added by 2021 Tenn. Acts, ch. 379, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 29-6-106 — TN Code / Title 29 / Chapter 6 / Section 29-6-106
Tort actions
Status: in_force

(a) In all actions for torts, brought in any court having jurisdiction thereof, where the defendant is a nonresident of this state, or falls within any of the provisions of § 29-6-101 authorizing attachment to issue, it shall be lawful for the plaintiff to commence such suit by attachment in the same manner as suits are commenced upon contracts by existing laws. (b) The plaintiff or plaintiff's agent or attorney shall first make affidavit before the judge or clerk issuing the attachment that the damages sued for are justly due the plaintiff, as affiant believes, but that the true amount of such damages are not ascertained, and that one (1) or more of the causes exist for the issuance of the attachment. (c) The plaintiff, plaintiff's agent or attorney, shall give bond with one or more approved securities in double the supposed amount of the damages claimed, unless otherwise fixed, payable to defendant, and conditioned as now provided by law in attachment cases. (d) It is the duty of the judge or clerk, before whom the affidavit is made and bond given, to issue the attachment, returnable as in other attachment cases upon contracts. Acts 1865-1866, ch. 22, §§ 1, 2; Shan., §§5211a1, 5211a2; mod. Code 1932, §§ 9397, 9398; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-606.
(a) In all actions for torts, brought in any court having jurisdiction thereof, where the defendant is a nonresident of this state, or falls within any of the provisions of § 29-6-101 authorizing attachment to issue, it shall be lawful for the plaintiff to commence such suit by attachment in the same manner as suits are commenced upon contracts by existing laws.
(b) The plaintiff or plaintiff's agent or attorney shall first make affidavit before the judge or clerk issuing the attachment that the damages sued for are justly due the plaintiff, as affiant believes, but that the true amount of such damages are not ascertained, and that one (1) or more of the causes exist for the issuance of the attachment.
(c) The plaintiff, plaintiff's agent or attorney, shall give bond with one or more approved securities in double the supposed amount of the damages claimed, unless otherwise fixed, payable to defendant, and conditioned as now provided by law in attachment cases.
(d) It is the duty of the judge or clerk, before whom the affidavit is made and bond given, to issue the attachment, returnable as in other attachment cases upon contracts.
Acts 1865-1866, ch. 22, §§ 1, 2; Shan., §§5211a1, 5211a2; mod. Code 1932, §§ 9397, 9398; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-606.
Tenn. Code Ann. § 29-27-201 — TN Code / Title 29 / Chapter 27 / Section 29-27-201
Sale for division authorized
Status: in_force

Any person entitled to a partition of premises, under part 1 of this chapter, is equally entitled to have such premises sold for division, in the following cases: (1) If the premises are so situated that partition thereof cannot be made; or (2) Where the premises are of such description that it would be manifestly for the advantage of the parties that the same should be sold instead of partitioned. Code 1858, § 3293 (deriv. Acts 1827, ch. 54, § 1; 1829, ch. 35, § 1; 1853-1854, ch. 48, § 1); Shan., § 5042; Code 1932, § 9197; T.C.A. (orig. ed.), § 23-2128.
Any person entitled to a partition of premises, under part 1 of this chapter, is equally entitled to have such premises sold for division, in the following cases:
(1) If the premises are so situated that partition thereof cannot be made; or
(2) Where the premises are of such description that it would be manifestly for the advantage of the parties that the same should be sold instead of partitioned.
Code 1858, § 3293 (deriv. Acts 1827, ch. 54, § 1; 1829, ch. 35, § 1; 1853-1854, ch. 48, § 1); Shan., § 5042; Code 1932, § 9197; T.C.A. (orig. ed.), § 23-2128.
Tenn. Code Ann. § 29-21-123 — TN Code / Title 29 / Chapter 21 / Section 29-21-123
Effect of irregular commitment
Status: in_force

Although the commitment of the person detained may have been irregular, still, if the court or judge is satisfied, from the examination, that the person ought to be held to bail, or committed, either for the offense charged, or any other, the order shall be made accordingly. Code 1858, § 3752; Shan., § 5532; Code 1932, § 9702; T.C.A. (orig. ed.), § 23-1832.
Although the commitment of the person detained may have been irregular, still, if the court or judge is satisfied, from the examination, that the person ought to be held to bail, or committed, either for the offense charged, or any other, the order shall be made accordingly.
Code 1858, § 3752; Shan., § 5532; Code 1932, § 9702; T.C.A. (orig. ed.), § 23-1832.
Tenn. Code Ann. § 29-5-326 — TN Code / Title 29 / Chapter 5 / Section 29-5-326
Judgment on award - Attorney's fees, and litigation expenses
Status: in_force

(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as other judgments in a civil action. (b) A court may allow reasonable costs of the motion and subsequent judicial proceedings. (c) On application of a prevailing party to a contested judicial proceeding under § 29-5-323 , § 29-5-324 , or § 29-5-325 , the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as other judgments in a civil action.
(b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
(c) On application of a prevailing party to a contested judicial proceeding under § 29-5-323 , § 29-5-324 , or § 29-5-325 , the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-5-329 — TN Code / Title 29 / Chapter 5 / Section 29-5-329
Appeals
Status: in_force

(a) An appeal may be taken from: (1) An order denying a motion to compel arbitration; (2) An order granting a motion to stay arbitration; (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A final judgment entered pursuant to this part. (b) An appeal under this section must be taken as from an order or a judgment in a civil action. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) An appeal may be taken from: (1) An order denying a motion to compel arbitration; (2) An order granting a motion to stay arbitration; (3) An order confirming or denying confirmation of an award; (4) An order modifying or correcting an award; (5) An order vacating an award without directing a rehearing; or (6) A final judgment entered pursuant to this part.
(1) An order denying a motion to compel arbitration;
(2) An order granting a motion to stay arbitration;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A final judgment entered pursuant to this part.
(b) An appeal under this section must be taken as from an order or a judgment in a civil action.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-40-113 — TN Code / Title 29 / Chapter 40 / Section 29-40-113
Duties of owner
Status: in_force

(a) An owner shall: (1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; (2) Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control; (3) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody, or control; (4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and (5) Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter. (b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner. (c) If a person knowingly fails to perform a duty imposed by this section, the court may: (1) Award the receiver actual damages caused by the person's failure, reasonable attorney's fees, and costs; and (2) Sanction the failure as civil contempt. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) An owner shall: (1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties; (2) Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control; (3) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody, or control; (4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and (5) Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter.
(1) Assist and cooperate with the receiver in the administration of the receivership and the discharge of the receiver's duties;
(2) Preserve and turn over to the receiver all receivership property in the owner's possession, custody, or control;
(3) Identify all records and other information relating to the receivership property, including a password, authorization, or other information needed to obtain or maintain access to or control of the receivership property, and make available to the receiver the records and information in the owner's possession, custody, or control;
(4) On subpoena, submit to examination under oath by the receiver concerning the acts, conduct, property, liabilities, and financial condition of the owner or any matter relating to the receivership property or the receivership; and
(5) Perform any duty imposed by court order, this chapter, or the law of this state, other than this chapter.
(b) If an owner is a person other than an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the owner.
(c) If a person knowingly fails to perform a duty imposed by this section, the court may: (1) Award the receiver actual damages caused by the person's failure, reasonable attorney's fees, and costs; and (2) Sanction the failure as civil contempt.
(1) Award the receiver actual damages caused by the person's failure, reasonable attorney's fees, and costs; and
(2) Sanction the failure as civil contempt.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-5-110 — TN Code / Title 29 / Chapter 5 / Section 29-5-110
Umpire
Status: in_force

(a) Where, and only where, the submission expressly so provides may an umpire be appointed by the arbitrators; the same to be done by them in writing. (b) The umpire shall sit with the original arbitrators upon the hearing; if testimony has been taken before the umpire's appointment, the matter must be reheard unless a rehearing is waived in the original submission or by subsequent written consent of the parties. (c) One (1) or more points in dispute may be referred to an umpire. Code 1932, § 9363; T.C.A. (orig. ed.), § 23-510.
(a) Where, and only where, the submission expressly so provides may an umpire be appointed by the arbitrators; the same to be done by them in writing.
(b) The umpire shall sit with the original arbitrators upon the hearing; if testimony has been taken before the umpire's appointment, the matter must be reheard unless a rehearing is waived in the original submission or by subsequent written consent of the parties.
(c) One (1) or more points in dispute may be referred to an umpire.
Code 1932, § 9363; T.C.A. (orig. ed.), § 23-510.
Tenn. Code Ann. § 29-8-103 — TN Code / Title 29 / Chapter 8 / Section 29-8-103
Clerk's fees
Status: in_force

The clerk's fee for services in proceedings under this chapter shall be the same as for like services in other cases, to be paid by the party petitioning. Code 1858, § 3647 (deriv. Acts 1827, ch. 16, § 3; 1851-1852, ch. 338, §1); Shan., § 5413; Code 1932, § 9572; impl. am. Acts 1949, ch. 127, § 9; C. Supp. 1950, § 9572; Acts 1951, ch. 202, § 38; modified; impl. am. Acts 1957, ch. 59, § 1; impl. am. Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-803.
The clerk's fee for services in proceedings under this chapter shall be the same as for like services in other cases, to be paid by the party petitioning.
Code 1858, § 3647 (deriv. Acts 1827, ch. 16, § 3; 1851-1852, ch. 338, §1); Shan., § 5413; Code 1932, § 9572; impl. am. Acts 1949, ch. 127, § 9; C. Supp. 1950, § 9572; Acts 1951, ch. 202, § 38; modified; impl. am. Acts 1957, ch. 59, § 1; impl. am. Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-803.
Tenn. Code Ann. § 29-5-320 — TN Code / Title 29 / Chapter 5 / Section 29-5-320
Award
Status: in_force

(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding. (b) An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend, or the parties to the arbitration proceeding may agree in a record, to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives an objection that an award was not timely made, unless the party gives notice of the objection to the arbitrator before receiving notice of the award. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
(b) An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend, or the parties to the arbitration proceeding may agree in a record, to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives an objection that an award was not timely made, unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-20-107 — TN Code / Title 29 / Chapter 20 / Section 29-20-107
Definition of government employee for tort liability purposes
Status: in_force

(a) Any person who is not an elected or appointed official or a member of a board, agency or commission shall not be considered an employee of a governmental entity for purposes of this chapter unless the court specifically finds that all of the following elements exist: (1) The governmental entity itself selected and engaged the person in question to perform services; (2) The governmental entity itself is liable for the payment of compensation for the performance of such services and the person receives all of such person's compensation directly from the payroll department of the governmental entity in question; (3) The person receives the same benefits as all other employees of the governmental entity in question including retirement benefits and the eligibility to participate in insurance programs; (4) The person acts under the control and direction of the governmental entity not only as to the result to be accomplished but as to the means and details by which the result is accomplished; and (5) The person is entitled to the same job protection system and rules, such as civil service or grievance procedures, as are other persons employed by the governmental entity in question. (b) A governmental entity's reservation of the right to approve employment or terminate employment by any contract, agreement or other means or such entity's ability to control or direct a person not otherwise in the regular employ of such entity shall not operate to make a person an employee of such entity for the purpose of the immunity granted by this chapter unless such person otherwise qualifies as an employee according to this section. (c) No governmental entity may extend the immunity granted by this chapter to independent contractors or other persons or entities by contract, agreement or other means, nor shall the doctrine of borrowed servants operate to make any person a governmental entity employee for the purpose of immunity who does not otherwise meet all of the elements set out in this section. (d) A regular member of a voluntary or auxiliary firefighting, police or emergency assistance organization of a governmental entity shall be considered to be an employee of that governmental entity for purposes of this chapter without regard to the elements set forth in subsection (a). (e) Persons who are employed in part-time, seasonal, or probationary positions by a governmental entity shall not be disqualified by subdivision (a)(3) or (a)(5) from the immunity granted by this chapter if they receive the same benefits or are subject to the same job protection system and rules as other persons employed by that government in comparable part-time, seasonal, or probationary positions. (f) Agreements between governmental entities entered into pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, or as otherwise duly authorized by law, may confer or determine the status of an employee for purposes of this chapter on persons without regard to the elements set forth in subsection (a). Such agreements may provide, but are not, limited to, agreements that an employee of a governmental entity, including, but not limited to, police officers shall be assigned to another governmental entity to serve a particular purpose. The agreement may provide which of the governmental entities shall be liable for the acts of such person who shall continue to be considered as an employee for purposes of this chapter. (g) (1) (A) Notwithstanding any provision of this chapter to the contrary, non-governmental independent contractors or other persons or entities that contract with or enter into any agreements with the regional transportation authority, as defined and created in title 64, chapter 8, for the provision of commuter rail transit services, facilities, or functions upon a rail line or rail line right-of-way owned and maintained by a governmental entity shall be granted limited tort exposure under this chapter. This grant of limited tort exposure shall be provided only when the non-governmental independent contractors or other persons or entities are providing by contract or agreement the rail transit services, facilities, or functions that title 64, chapter 8 authorizes the regional transportation authority to perform. (B) In performing or providing such rail transit services, facilities, or functions, the non-governmental independent contractors or other persons or entities are deemed to be the functional equivalent of the regional transportation authority. They are performing or providing these rail transit services, facilities, or functions in the stead of the regional transportation authority and by such are fulfilling a public purpose that is authorized to be performed by the regional transportation authority. The regional transportation authority shall enter into such contracts or agreements because it has been determined by the board of the regional transportation authority to be more cost effective to contract or enter into an agreement for the rail transit services, facilities, or functions. When the regional transportation authority's independent contractor or other person or entity that provides these rail transit services, facilities, or functions is deemed to be the functional equivalent of the regional transportation authority as provided for in this subsection (g), then the regional transportation authority's contracting party or party to the agreement shall have limited tort exposure as long as the regional transportation authority's contracting party or party to the agreement was performing rail transit services, facilities or functions within the scope of work and during the normal course of work of the contract or agreement when the accident occurred. The regional transportation authority's contracting party or party to the agreement will not be afforded any limits to its tort exposure for gross negligence in the performance of the contract or agreement. (C) For any rail transit accident, occurrence, or act, the limits of tort exposure for the regional transportation authority's contracting party or party to the agreement shall be two million dollars ($2,000,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and thirty million dollars ($30,000,000) for bodily injury or death of all persons in any one (1) accident, occurrence, or act arising or that occurred during that time frame. No tort liability limits shall be granted to the non-governmental contractor or other persons or entities that contract with or enter into any agreement with the regional transportation authority for injury to or destruction of property in any accident, occurrence, or act. The regional transportation authority shall maintain, or cause to be maintained, a self insurance retention fund in a minimum amount of one million dollars ($1,000,000) up to an amount not to exceed two million dollars ($2,000,000), which shall be utilized as a first fund source for any payment of a tort claim arising from any rail transit accident, occurrence or act that results in bodily injury or death to one (1) or more persons. (2) The limits of liability prescribed under subdivision (g)(1) shall not apply to any for-profit owners of rail lines or rail line rights-of-way. As a matter of public policy, the general assembly declares and deems the operation of the regional transportation authority's commuter rail train to be a public purpose, a public and governmental function and a matter of public necessity. (h) (1) A governmental entity or local board of education shall not extend the immunity granted by this chapter to independent school bus owners and operators or other persons or entities by contract, agreement, or other means in performing or providing school-related transportation services to a local board of education. (2) The contract or agreement between a local board of education and independent school bus owners and operators must require sufficient limits for tort liability exposures related to performing or providing school-related transportation services to the local board of education by the owners and operators as evidenced by a certificate of insurance from the owners and operators that has the local board of education listed as an additional insured. Amended by 2024 Tenn. Acts, ch. 809,s 1, eff. 4/29/2024. Amended by 2013 Tenn. Acts, ch. 96, s 1, eff. 4/11/2013. Acts 1981, ch. 527, § 1; 1984, ch. 889, §§ 2, 3; 1985, ch. 55, § 1; 2008 , ch. 918, § 1; 2012 , ch. 835, §§ 3, 4.
(a) Any person who is not an elected or appointed official or a member of a board, agency or commission shall not be considered an employee of a governmental entity for purposes of this chapter unless the court specifically finds that all of the following elements exist: (1) The governmental entity itself selected and engaged the person in question to perform services; (2) The governmental entity itself is liable for the payment of compensation for the performance of such services and the person receives all of such person's compensation directly from the payroll department of the governmental entity in question; (3) The person receives the same benefits as all other employees of the governmental entity in question including retirement benefits and the eligibility to participate in insurance programs; (4) The person acts under the control and direction of the governmental entity not only as to the result to be accomplished but as to the means and details by which the result is accomplished; and (5) The person is entitled to the same job protection system and rules, such as civil service or grievance procedures, as are other persons employed by the governmental entity in question.
(1) The governmental entity itself selected and engaged the person in question to perform services;
(2) The governmental entity itself is liable for the payment of compensation for the performance of such services and the person receives all of such person's compensation directly from the payroll department of the governmental entity in question;
(3) The person receives the same benefits as all other employees of the governmental entity in question including retirement benefits and the eligibility to participate in insurance programs;
(4) The person acts under the control and direction of the governmental entity not only as to the result to be accomplished but as to the means and details by which the result is accomplished; and
(5) The person is entitled to the same job protection system and rules, such as civil service or grievance procedures, as are other persons employed by the governmental entity in question.
(b) A governmental entity's reservation of the right to approve employment or terminate employment by any contract, agreement or other means or such entity's ability to control or direct a person not otherwise in the regular employ of such entity shall not operate to make a person an employee of such entity for the purpose of the immunity granted by this chapter unless such person otherwise qualifies as an employee according to this section.
(c) No governmental entity may extend the immunity granted by this chapter to independent contractors or other persons or entities by contract, agreement or other means, nor shall the doctrine of borrowed servants operate to make any person a governmental entity employee for the purpose of immunity who does not otherwise meet all of the elements set out in this section.
(d) A regular member of a voluntary or auxiliary firefighting, police or emergency assistance organization of a governmental entity shall be considered to be an employee of that governmental entity for purposes of this chapter without regard to the elements set forth in subsection (a).
(e) Persons who are employed in part-time, seasonal, or probationary positions by a governmental entity shall not be disqualified by subdivision (a)(3) or (a)(5) from the immunity granted by this chapter if they receive the same benefits or are subject to the same job protection system and rules as other persons employed by that government in comparable part-time, seasonal, or probationary positions.
(f) Agreements between governmental entities entered into pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, or as otherwise duly authorized by law, may confer or determine the status of an employee for purposes of this chapter on persons without regard to the elements set forth in subsection (a). Such agreements may provide, but are not, limited to, agreements that an employee of a governmental entity, including, but not limited to, police officers shall be assigned to another governmental entity to serve a particular purpose. The agreement may provide which of the governmental entities shall be liable for the acts of such person who shall continue to be considered as an employee for purposes of this chapter.
(g) (1) (A) Notwithstanding any provision of this chapter to the contrary, non-governmental independent contractors or other persons or entities that contract with or enter into any agreements with the regional transportation authority, as defined and created in title 64, chapter 8, for the provision of commuter rail transit services, facilities, or functions upon a rail line or rail line right-of-way owned and maintained by a governmental entity shall be granted limited tort exposure under this chapter. This grant of limited tort exposure shall be provided only when the non-governmental independent contractors or other persons or entities are providing by contract or agreement the rail transit services, facilities, or functions that title 64, chapter 8 authorizes the regional transportation authority to perform. (B) In performing or providing such rail transit services, facilities, or functions, the non-governmental independent contractors or other persons or entities are deemed to be the functional equivalent of the regional transportation authority. They are performing or providing these rail transit services, facilities, or functions in the stead of the regional transportation authority and by such are fulfilling a public purpose that is authorized to be performed by the regional transportation authority. The regional transportation authority shall enter into such contracts or agreements because it has been determined by the board of the regional transportation authority to be more cost effective to contract or enter into an agreement for the rail transit services, facilities, or functions. When the regional transportation authority's independent contractor or other person or entity that provides these rail transit services, facilities, or functions is deemed to be the functional equivalent of the regional transportation authority as provided for in this subsection (g), then the regional transportation authority's contracting party or party to the agreement shall have limited tort exposure as long as the regional transportation authority's contracting party or party to the agreement was performing rail transit services, facilities or functions within the scope of work and during the normal course of work of the contract or agreement when the accident occurred. The regional transportation authority's contracting party or party to the agreement will not be afforded any limits to its tort exposure for gross negligence in the performance of the contract or agreement. (C) For any rail transit accident, occurrence, or act, the limits of tort exposure for the regional transportation authority's contracting party or party to the agreement shall be two million dollars ($2,000,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and thirty million dollars ($30,000,000) for bodily injury or death of all persons in any one (1) accident, occurrence, or act arising or that occurred during that time frame. No tort liability limits shall be granted to the non-governmental contractor or other persons or entities that contract with or enter into any agreement with the regional transportation authority for injury to or destruction of property in any accident, occurrence, or act. The regional transportation authority shall maintain, or cause to be maintained, a self insurance retention fund in a minimum amount of one million dollars ($1,000,000) up to an amount not to exceed two million dollars ($2,000,000), which shall be utilized as a first fund source for any payment of a tort claim arising from any rail transit accident, occurrence or act that results in bodily injury or death to one (1) or more persons. (2) The limits of liability prescribed under subdivision (g)(1) shall not apply to any for-profit owners of rail lines or rail line rights-of-way. As a matter of public policy, the general assembly declares and deems the operation of the regional transportation authority's commuter rail train to be a public purpose, a public and governmental function and a matter of public necessity.
(1) (A) Notwithstanding any provision of this chapter to the contrary, non-governmental independent contractors or other persons or entities that contract with or enter into any agreements with the regional transportation authority, as defined and created in title 64, chapter 8, for the provision of commuter rail transit services, facilities, or functions upon a rail line or rail line right-of-way owned and maintained by a governmental entity shall be granted limited tort exposure under this chapter. This grant of limited tort exposure shall be provided only when the non-governmental independent contractors or other persons or entities are providing by contract or agreement the rail transit services, facilities, or functions that title 64, chapter 8 authorizes the regional transportation authority to perform. (B) In performing or providing such rail transit services, facilities, or functions, the non-governmental independent contractors or other persons or entities are deemed to be the functional equivalent of the regional transportation authority. They are performing or providing these rail transit services, facilities, or functions in the stead of the regional transportation authority and by such are fulfilling a public purpose that is authorized to be performed by the regional transportation authority. The regional transportation authority shall enter into such contracts or agreements because it has been determined by the board of the regional transportation authority to be more cost effective to contract or enter into an agreement for the rail transit services, facilities, or functions. When the regional transportation authority's independent contractor or other person or entity that provides these rail transit services, facilities, or functions is deemed to be the functional equivalent of the regional transportation authority as provided for in this subsection (g), then the regional transportation authority's contracting party or party to the agreement shall have limited tort exposure as long as the regional transportation authority's contracting party or party to the agreement was performing rail transit services, facilities or functions within the scope of work and during the normal course of work of the contract or agreement when the accident occurred. The regional transportation authority's contracting party or party to the agreement will not be afforded any limits to its tort exposure for gross negligence in the performance of the contract or agreement. (C) For any rail transit accident, occurrence, or act, the limits of tort exposure for the regional transportation authority's contracting party or party to the agreement shall be two million dollars ($2,000,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and thirty million dollars ($30,000,000) for bodily injury or death of all persons in any one (1) accident, occurrence, or act arising or that occurred during that time frame. No tort liability limits shall be granted to the non-governmental contractor or other persons or entities that contract with or enter into any agreement with the regional transportation authority for injury to or destruction of property in any accident, occurrence, or act. The regional transportation authority shall maintain, or cause to be maintained, a self insurance retention fund in a minimum amount of one million dollars ($1,000,000) up to an amount not to exceed two million dollars ($2,000,000), which shall be utilized as a first fund source for any payment of a tort claim arising from any rail transit accident, occurrence or act that results in bodily injury or death to one (1) or more persons.
(A) Notwithstanding any provision of this chapter to the contrary, non-governmental independent contractors or other persons or entities that contract with or enter into any agreements with the regional transportation authority, as defined and created in title 64, chapter 8, for the provision of commuter rail transit services, facilities, or functions upon a rail line or rail line right-of-way owned and maintained by a governmental entity shall be granted limited tort exposure under this chapter. This grant of limited tort exposure shall be provided only when the non-governmental independent contractors or other persons or entities are providing by contract or agreement the rail transit services, facilities, or functions that title 64, chapter 8 authorizes the regional transportation authority to perform.
(B) In performing or providing such rail transit services, facilities, or functions, the non-governmental independent contractors or other persons or entities are deemed to be the functional equivalent of the regional transportation authority. They are performing or providing these rail transit services, facilities, or functions in the stead of the regional transportation authority and by such are fulfilling a public purpose that is authorized to be performed by the regional transportation authority. The regional transportation authority shall enter into such contracts or agreements because it has been determined by the board of the regional transportation authority to be more cost effective to contract or enter into an agreement for the rail transit services, facilities, or functions. When the regional transportation authority's independent contractor or other person or entity that provides these rail transit services, facilities, or functions is deemed to be the functional equivalent of the regional transportation authority as provided for in this subsection (g), then the regional transportation authority's contracting party or party to the agreement shall have limited tort exposure as long as the regional transportation authority's contracting party or party to the agreement was performing rail transit services, facilities or functions within the scope of work and during the normal course of work of the contract or agreement when the accident occurred. The regional transportation authority's contracting party or party to the agreement will not be afforded any limits to its tort exposure for gross negligence in the performance of the contract or agreement.
(C) For any rail transit accident, occurrence, or act, the limits of tort exposure for the regional transportation authority's contracting party or party to the agreement shall be two million dollars ($2,000,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and thirty million dollars ($30,000,000) for bodily injury or death of all persons in any one (1) accident, occurrence, or act arising or that occurred during that time frame. No tort liability limits shall be granted to the non-governmental contractor or other persons or entities that contract with or enter into any agreement with the regional transportation authority for injury to or destruction of property in any accident, occurrence, or act. The regional transportation authority shall maintain, or cause to be maintained, a self insurance retention fund in a minimum amount of one million dollars ($1,000,000) up to an amount not to exceed two million dollars ($2,000,000), which shall be utilized as a first fund source for any payment of a tort claim arising from any rail transit accident, occurrence or act that results in bodily injury or death to one (1) or more persons.
(2) The limits of liability prescribed under subdivision (g)(1) shall not apply to any for-profit owners of rail lines or rail line rights-of-way. As a matter of public policy, the general assembly declares and deems the operation of the regional transportation authority's commuter rail train to be a public purpose, a public and governmental function and a matter of public necessity.
(h) (1) A governmental entity or local board of education shall not extend the immunity granted by this chapter to independent school bus owners and operators or other persons or entities by contract, agreement, or other means in performing or providing school-related transportation services to a local board of education. (2) The contract or agreement between a local board of education and independent school bus owners and operators must require sufficient limits for tort liability exposures related to performing or providing school-related transportation services to the local board of education by the owners and operators as evidenced by a certificate of insurance from the owners and operators that has the local board of education listed as an additional insured.
(1) A governmental entity or local board of education shall not extend the immunity granted by this chapter to independent school bus owners and operators or other persons or entities by contract, agreement, or other means in performing or providing school-related transportation services to a local board of education.
(2) The contract or agreement between a local board of education and independent school bus owners and operators must require sufficient limits for tort liability exposures related to performing or providing school-related transportation services to the local board of education by the owners and operators as evidenced by a certificate of insurance from the owners and operators that has the local board of education listed as an additional insured.
Amended by 2024 Tenn. Acts, ch. 809,s 1, eff. 4/29/2024.
Amended by 2013 Tenn. Acts, ch. 96, s 1, eff. 4/11/2013.
Acts 1981, ch. 527, § 1; 1984, ch. 889, §§ 2, 3; 1985, ch. 55, § 1; 2008 , ch. 918, § 1; 2012 , ch. 835, §§ 3, 4.
Tenn. Code Ann. § 29-28-101 — TN Code / Title 29 / Chapter 28 / Section 29-28-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Products Liability Act of 1978." Acts 1978, ch. 703, § 1; T.C.A., § 23-3701.
This chapter shall be known and may be cited as the "Tennessee Products Liability Act of 1978."
Acts 1978, ch. 703, § 1; T.C.A., § 23-3701.
Tenn. Code Ann. § 29-34-307 — TN Code / Title 29 / Chapter 34 / Section 29-34-307
Claims against premises owner - Presumptions
Status: in_force

The following shall apply to all civil actions for silica or mixed dust disease claims brought against a premises owner to recover damages or other relief for exposure to silica or mixed dust on the premises owner's property: (1) A premises owner is not liable for any injury to any individual resulting from silica or mixed dust exposure, unless that individual's alleged exposure occurred while the individual was on the premises owner's property; (2) If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, it is presumed that products containing silica or mixed dust used on the premises owner's property contained silica or mixed dust only at levels below safe levels of exposure. To rebut this presumption, the plaintiff must prove by a preponderance of the evidence that the levels of silica or mixed dust in the immediate breathing zone of the plaintiff regularly exceeded the threshold limit values adopted by this state; and (3) (A) A premises owner is presumed to be not liable for any injury to any invitee who was engaged to work with, install, or remove products containing silica or mixed dust on the premises owner's property, if the invitee's employer held itself out as qualified to perform the work. To rebut this presumption, the plaintiff must demonstrate by a preponderance of the evidence that the premises owner had actual knowledge of the potential dangers of the products containing silica or mixed dust at the time of the alleged exposure that was superior to the knowledge of both the invitee and the invitee's employer; (B) A premises owner that hired a contractor before January 1, 1972, to perform the type of work at the premises owner's property that the contractor was qualified to perform shall not be liable for any injury to any individual resulting from silica or mixed dust exposure caused by any of the contractor's employees or agents on the premises owner's property, unless the premises owner directed the activity that resulted in the injury or approved the critical acts that led to the individual's injury; (C) If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, a premises owner is not liable for any injury to any individual resulting from that exposure caused by a contractor's employee or agent on the premises owner's property, unless the plaintiff establishes the premises owner's intentional violation of an established safety standard in effect at the time of the exposure, and that the alleged violation was in the plaintiff's immediate breathing zone and was the proximate cause of the plaintiff's injury. Acts 2006, ch. 728, § 8.
The following shall apply to all civil actions for silica or mixed dust disease claims brought against a premises owner to recover damages or other relief for exposure to silica or mixed dust on the premises owner's property:
(1) A premises owner is not liable for any injury to any individual resulting from silica or mixed dust exposure, unless that individual's alleged exposure occurred while the individual was on the premises owner's property;
(2) If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, it is presumed that products containing silica or mixed dust used on the premises owner's property contained silica or mixed dust only at levels below safe levels of exposure. To rebut this presumption, the plaintiff must prove by a preponderance of the evidence that the levels of silica or mixed dust in the immediate breathing zone of the plaintiff regularly exceeded the threshold limit values adopted by this state; and
(3) (A) A premises owner is presumed to be not liable for any injury to any invitee who was engaged to work with, install, or remove products containing silica or mixed dust on the premises owner's property, if the invitee's employer held itself out as qualified to perform the work. To rebut this presumption, the plaintiff must demonstrate by a preponderance of the evidence that the premises owner had actual knowledge of the potential dangers of the products containing silica or mixed dust at the time of the alleged exposure that was superior to the knowledge of both the invitee and the invitee's employer; (B) A premises owner that hired a contractor before January 1, 1972, to perform the type of work at the premises owner's property that the contractor was qualified to perform shall not be liable for any injury to any individual resulting from silica or mixed dust exposure caused by any of the contractor's employees or agents on the premises owner's property, unless the premises owner directed the activity that resulted in the injury or approved the critical acts that led to the individual's injury; (C) If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, a premises owner is not liable for any injury to any individual resulting from that exposure caused by a contractor's employee or agent on the premises owner's property, unless the plaintiff establishes the premises owner's intentional violation of an established safety standard in effect at the time of the exposure, and that the alleged violation was in the plaintiff's immediate breathing zone and was the proximate cause of the plaintiff's injury.
(A) A premises owner is presumed to be not liable for any injury to any invitee who was engaged to work with, install, or remove products containing silica or mixed dust on the premises owner's property, if the invitee's employer held itself out as qualified to perform the work. To rebut this presumption, the plaintiff must demonstrate by a preponderance of the evidence that the premises owner had actual knowledge of the potential dangers of the products containing silica or mixed dust at the time of the alleged exposure that was superior to the knowledge of both the invitee and the invitee's employer;
(B) A premises owner that hired a contractor before January 1, 1972, to perform the type of work at the premises owner's property that the contractor was qualified to perform shall not be liable for any injury to any individual resulting from silica or mixed dust exposure caused by any of the contractor's employees or agents on the premises owner's property, unless the premises owner directed the activity that resulted in the injury or approved the critical acts that led to the individual's injury;
(C) If exposure to silica or mixed dust is alleged to have occurred after January 1, 1972, a premises owner is not liable for any injury to any individual resulting from that exposure caused by a contractor's employee or agent on the premises owner's property, unless the plaintiff establishes the premises owner's intentional violation of an established safety standard in effect at the time of the exposure, and that the alleged violation was in the plaintiff's immediate breathing zone and was the proximate cause of the plaintiff's injury.
Acts 2006, ch. 728, § 8.
Tenn. Code Ann. § 29-34-305 — TN Code / Title 29 / Chapter 34 / Section 29-34-305
Report of supporting evidence making out prima facie case - Dismissal without prejudice on the basis of minimum prima facie - Move to reinstate case - Effect of court's findings and decision on prima facie showing - Jury as trier of fact
Status: in_force

(a) The plaintiff in any civil action, alleging a silica claim or a mixed dust disease claim, shall file, within one hundred and twenty (120) days after filing the complaint, a written report by a competent medical authority, and any supporting evidence, making out the applicable prima facie case described in § 29-34-304 . Any defendant shall have one hundred and twenty (120) days from the filing of the plaintiff's proffered prima facie evidence to challenge the adequacy of the proffered prima facie evidence for failure to comply with the minimum applicable requirements specified in § 29-34-304 . (b) If the court finds that no genuine issue of material fact exists with respect to plaintiff's failure to make out a prima facie case as described in § 29-34-304 , the court shall dismiss the plaintiff's claim without prejudice as a matter of law. The court shall maintain its jurisdiction over any case that is so dismissed without prejudice. Any plaintiff whose case has been so dismissed without prejudice may move at any time to reinstate the plaintiff's case, upon a renewed prima facie showing that meets the applicable minimum requirements specified in § 29-34-304 . (c) (1) The court's findings and decision on the prima facie showing shall not: (A) Result in any presumption at trial that the exposed person has a physical impairment that is caused by silica or mixed dust exposure; (B) Be conclusive as to the liability of any defendant in the case; or (C) Be admissible at trial. (2) If the trier of fact is a jury: (A) The court shall not instruct the jury with respect to the court's findings or decision on the prima facie showing; and (B) Neither counsel for any party nor a witness shall inform the jurors or potential jurors of the prima facie showing. Acts 2006, ch. 728, § 6.
(a) The plaintiff in any civil action, alleging a silica claim or a mixed dust disease claim, shall file, within one hundred and twenty (120) days after filing the complaint, a written report by a competent medical authority, and any supporting evidence, making out the applicable prima facie case described in § 29-34-304 . Any defendant shall have one hundred and twenty (120) days from the filing of the plaintiff's proffered prima facie evidence to challenge the adequacy of the proffered prima facie evidence for failure to comply with the minimum applicable requirements specified in § 29-34-304 .
(b) If the court finds that no genuine issue of material fact exists with respect to plaintiff's failure to make out a prima facie case as described in § 29-34-304 , the court shall dismiss the plaintiff's claim without prejudice as a matter of law. The court shall maintain its jurisdiction over any case that is so dismissed without prejudice. Any plaintiff whose case has been so dismissed without prejudice may move at any time to reinstate the plaintiff's case, upon a renewed prima facie showing that meets the applicable minimum requirements specified in § 29-34-304 .
(c) (1) The court's findings and decision on the prima facie showing shall not: (A) Result in any presumption at trial that the exposed person has a physical impairment that is caused by silica or mixed dust exposure; (B) Be conclusive as to the liability of any defendant in the case; or (C) Be admissible at trial. (2) If the trier of fact is a jury: (A) The court shall not instruct the jury with respect to the court's findings or decision on the prima facie showing; and (B) Neither counsel for any party nor a witness shall inform the jurors or potential jurors of the prima facie showing.
(1) The court's findings and decision on the prima facie showing shall not: (A) Result in any presumption at trial that the exposed person has a physical impairment that is caused by silica or mixed dust exposure; (B) Be conclusive as to the liability of any defendant in the case; or (C) Be admissible at trial.
(A) Result in any presumption at trial that the exposed person has a physical impairment that is caused by silica or mixed dust exposure;
(B) Be conclusive as to the liability of any defendant in the case; or
(C) Be admissible at trial.
(2) If the trier of fact is a jury: (A) The court shall not instruct the jury with respect to the court's findings or decision on the prima facie showing; and (B) Neither counsel for any party nor a witness shall inform the jurors or potential jurors of the prima facie showing.
(A) The court shall not instruct the jury with respect to the court's findings or decision on the prima facie showing; and
(B) Neither counsel for any party nor a witness shall inform the jurors or potential jurors of the prima facie showing.
Acts 2006, ch. 728, § 6.
Tenn. Code Ann. § 29-40-110 — TN Code / Title 29 / Chapter 40 / Section 29-40-110
Security agreement covering after-acquired property
Status: in_force

Except as otherwise provided by the law of this state, other than this chapter, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Except as otherwise provided by the law of this state, other than this chapter, property that a receiver or owner acquires after appointment of the receiver is subject to a security agreement entered into before the appointment to the same extent as if the court had not appointed the receiver.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-26-205 — TN Code / Title 29 / Chapter 26 / Section 29-26-205
Exceptions
Status: in_force

A therapist does not violate § 29-26-204 if the patient is: (1) The spouse of the therapist and was married to the therapist prior to the establishment of the therapist-patient relationship; or (2) The sexual relationship began prior to the establishment of the therapist-patient relationship. Acts 1995, ch. 463, § 5.
A therapist does not violate § 29-26-204 if the patient is:
(1) The spouse of the therapist and was married to the therapist prior to the establishment of the therapist-patient relationship; or
(2) The sexual relationship began prior to the establishment of the therapist-patient relationship.
Acts 1995, ch. 463, § 5.
Tenn. Code Ann. § 29-5-109 — TN Code / Title 29 / Chapter 5 / Section 29-5-109
Evidence and witnesses
Status: in_force

(a) In all submission cases, depositions may be taken to be used before the arbitrators, and witnesses may be summoned by subpoena, to be issued by the clerk of the court as in other cases. (b) These witnesses may be sworn by any arbitrator, or umpire, and, if guilty of false swearing, they are liable to all the penalties of perjury, as if sworn in court. (c) Witnesses are also subject to all the penalties prescribed by law, for failing to attend and give testimony, in pursuance of the subpoena, as well as in damages to the party injured by their default; and, on the other hand, they are entitled to like privileges and like compensation as other witnesses. The forfeiture shall be enforced as provided in § 24-2-103 . Code 1858, §§ 3443-3445 (deriv. Acts 1806, ch. 46, §§ 1, 2; 1851-1852, ch. 173, § 4); Shan., §§ 5199-5201; mod. Code 1932, §§ 9372-9374; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-509.
(a) In all submission cases, depositions may be taken to be used before the arbitrators, and witnesses may be summoned by subpoena, to be issued by the clerk of the court as in other cases.
(b) These witnesses may be sworn by any arbitrator, or umpire, and, if guilty of false swearing, they are liable to all the penalties of perjury, as if sworn in court.
(c) Witnesses are also subject to all the penalties prescribed by law, for failing to attend and give testimony, in pursuance of the subpoena, as well as in damages to the party injured by their default; and, on the other hand, they are entitled to like privileges and like compensation as other witnesses. The forfeiture shall be enforced as provided in § 24-2-103 .
Code 1858, §§ 3443-3445 (deriv. Acts 1806, ch. 46, §§ 1, 2; 1851-1852, ch. 173, § 4); Shan., §§ 5199-5201; mod. Code 1932, §§ 9372-9374; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-509.
Tenn. Code Ann. § 29-27-308 — TN Code / Title 29 / Chapter 27 / Section 29-27-308
Partition alternatives
Status: in_force

(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 29-27-307 , or if after conclusion of the buyout under § 29-27-307 , a cotenant remains that has requested partition in kind, then upon motion and hearing, the court may order partition in kind unless the court, after consideration of the factors listed in § 29-27-309 , finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two (2) or more parties to have their individual interests aggregated. (b) If, at the hearing, the court does not order partition in kind under subsection (a), then the court shall order partition by sale pursuant to § 29-27-310 or, if no cotenant requested partition by sale, the court shall dismiss the action. (c) If, at the hearing, the court orders partition in kind pursuant to subsection (a), then the court may require that one (1) or more cotenants pay one (1) or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held. (d) If the court orders partition in kind, then the court may allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 29-27-307 , a part of the property representing the combined interests of these cotenants, as determined by the court, and this part of the property must remain undivided. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 29-27-307 , or if after conclusion of the buyout under § 29-27-307 , a cotenant remains that has requested partition in kind, then upon motion and hearing, the court may order partition in kind unless the court, after consideration of the factors listed in § 29-27-309 , finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two (2) or more parties to have their individual interests aggregated.
(b) If, at the hearing, the court does not order partition in kind under subsection (a), then the court shall order partition by sale pursuant to § 29-27-310 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c) If, at the hearing, the court orders partition in kind pursuant to subsection (a), then the court may require that one (1) or more cotenants pay one (1) or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d) If the court orders partition in kind, then the court may allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 29-27-307 , a part of the property representing the combined interests of these cotenants, as determined by the court, and this part of the property must remain undivided.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-21-119 — TN Code / Title 29 / Chapter 21 / Section 29-21-119
Proceedings after defendant's return
Status: in_force

The plaintiff may demur or reply to the return, and all issues shall be tried by the court or judge in a summary way, the examination being adjourned from time to time, if necessary to the proper administration of justice, and all such orders being made for the custody of the plaintiff, in the meantime, as the nature of the case requires. Code 1858, § 3749; Shan., § 5529; Code 1932, § 9699; T.C.A. (orig. ed.), § 23-1827.
The plaintiff may demur or reply to the return, and all issues shall be tried by the court or judge in a summary way, the examination being adjourned from time to time, if necessary to the proper administration of justice, and all such orders being made for the custody of the plaintiff, in the meantime, as the nature of the case requires.
Code 1858, § 3749; Shan., § 5529; Code 1932, § 9699; T.C.A. (orig. ed.), § 23-1827.
Tenn. Code Ann. § 29-27-117 — TN Code / Title 29 / Chapter 27 / Section 29-27-117
Unequal partition - Equalizing charges
Status: in_force

If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they can, and charge the larger shares with the sums necessary to equalize all the shares, and report the facts. Code 1858, § 3283 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., § 5031; Code 1932, § 9186; T.C.A. (orig. ed.), § 23-2120.
If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they can, and charge the larger shares with the sums necessary to equalize all the shares, and report the facts.
Code 1858, § 3283 (deriv. Acts 1853-1854, ch. 48, § 4); Shan., § 5031; Code 1932, § 9186; T.C.A. (orig. ed.), § 23-2120.
Tenn. Code Ann. § 29-35-110 — TN Code / Title 29 / Chapter 35 / Section 29-35-110
Suit on relation of private individual
Status: in_force

(a) The suit is also brought on the information of any person, upon such person giving security for the costs of the proceedings, to be approved by the clerk of the court in which the bill is filed. (b) When the suit is brought at the relation of a private individual, it shall be so stated in the bill and proceedings, and such individual is responsible for costs in case they are not adjudged against the defendant. Code 1858, §§ 3413, 3414 (deriv. Acts 1845-1846, ch. 55, § 6); Shan., §§ 5169, 5170; Code 1932, §§ 9340, 9341; T.C.A. (orig. ed.), § 23-2810.
(a) The suit is also brought on the information of any person, upon such person giving security for the costs of the proceedings, to be approved by the clerk of the court in which the bill is filed.
(b) When the suit is brought at the relation of a private individual, it shall be so stated in the bill and proceedings, and such individual is responsible for costs in case they are not adjudged against the defendant.
Code 1858, §§ 3413, 3414 (deriv. Acts 1845-1846, ch. 55, § 6); Shan., §§ 5169, 5170; Code 1932, §§ 9340, 9341; T.C.A. (orig. ed.), § 23-2810.