Tenn. Code Ann. § 29-20-310 — TN Code / Title 29 / Chapter 20 / Section 29-20-310
Determinations to be made by court - Restrictions on claims against employees - Health care liability - Immunity indemnification and insurability of local government employees
Status: in_force

(a) The court, before holding a governmental entity liable for damages, must first determine that the employee's or employees' act or acts were negligent and the proximate cause of plaintiff's injury, that the employee or employees acted within the scope of their employment and that none of the exceptions listed in § 29-20-205 are applicable to the facts before the court. (b) No claim may be brought against an employee or judgment entered against an employee for damages for which the immunity of the governmental entity is removed by this chapter unless the claim is one for health care liability brought against a health care practitioner. No claim for health care liability may be brought against a health care practitioner or judgment entered against a health care practitioner for damages for which the governmental entity is liable under this chapter, unless the amount of damages sought or judgment entered exceeds the minimum limits set out in § 29-20-403 or the amount of insurance coverage actually carried by the governmental entity, whichever is greater, and the governmental entity is also made a party defendant to the action. As used in this subsection (b), "health care practitioner" means physicians licensed under title 63, chapter 6, and nurses licensed under title 63, chapter 7. (c) No claim may be brought against an employee or judgment entered against an employee for injury proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune in any amount in excess of the amounts established for governmental entities in § 29-20-403 , unless the act or omission was willful, malicious, criminal, or performed for personal financial gain, or unless the act or omission was one of health care liability committed by a health care practitioner and the claim is brought against such health care practitioner. As used in this subsection (c), "health care practitioner" means physicians licensed under title 63, chapter 6, and nurses licensed under title 63, chapter 7. (d) Local governmental entities shall have the right, as a matter of local option, to elect to insure or to indemnify their employees for claims for which the governmental entity is immune under this chapter arising under state or federal law upon such terms and conditions as the local government may deem appropriate; provided, that such indemnification may not exceed the limits of liability established for governmental entities in § 29-20-403 except in causes of action in which the liability of governmental employees is not limited as provided in this chapter. (e) (1) As used in this subsection (e), "volunteer" means a person who donates or volunteers that person's time or services to a local governmental entity when the donation of such time or services is at the request of the local governmental entity and under the direction of a local governmental employee. (2) A local governmental entity may elect to insure or indemnify its volunteers for claims arising under state or federal law for which the governmental entity is immune under this chapter. Such insurance or indemnification shall be upon such terms and conditions as the local governmental entity establishes. However, no such indemnification may exceed the limits of liability established for governmental entities in § 29-20-403 . The volunteer shall be liable for any amount in excess of such limits of governmental liability established in § 29-20-403 . (3) Nothing in this subsection (e) may be construed to affect the status of regular members of a voluntary or auxiliary firefighting, police or emergency assistance organization as employees of a governmental entity as provided in § 29-20-107(d) , nor to impair any immunity granted to these personnel because of that status. (f) (1) No claim may be brought against an employee or judgment entered against an employee for any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101 , and proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was caused by an act or omission that was willful, malicious, criminal, or performed for personal financial gain. (2) (A) In any claim alleging loss, damage, injury, or death arising from COVID-19 under this subsection (f), the claimant must file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's willful, malicious, or criminal act or omission, or performed for personal financial gain. (B) In any claim alleging loss, damage, injury, or death based on exposure to or contraction of COVID-19 under this subsection (f), the claimant must also file with the verified complaint a certificate of good faith stating that the claimant or claimant's counsel has consulted with a physician duly licensed to practice in the state or a contiguous bordering state, and the physician has provided a signed written statement that the physician is competent to express an opinion on exposure to or contraction of COVID-19 and, upon information and belief, believes that the alleged loss, damage, injury, or death was caused by an act or omission of the defendant or defendants. (3) The failure of a claimant to satisfy the requirements of subdivisions (f)(1) and (2), if required by subdivision (f)(2), shall, upon motion, make the action subject to dismissal with prejudice. (4) [Deleted by 2023 amendment.] Amended by 2023 Tenn. Acts, ch. 48, s 6, eff. 3/21/2023. Amended by 2022 Tenn. Acts, ch. 1117, s 4, eff. 6/1/2022. Amended by 2021EX3 Tenn. Acts, ch. 6, Secs.s 3, s 6 eff. 11/12/2021. Amended by 2020EX2 Tenn. Acts, ch. 1, s 3, eff. 8/17/2020. Acts 1973, ch. 345, § 20; T.C.A., § 23-3322; Acts 1987, ch. 405, §§ 1, 2; 1993, ch. 406, § 1; 1996, ch. 957, § 1; 2001, ch. 419, § 1; 2012 , ch. 798, § 6.
(a) The court, before holding a governmental entity liable for damages, must first determine that the employee's or employees' act or acts were negligent and the proximate cause of plaintiff's injury, that the employee or employees acted within the scope of their employment and that none of the exceptions listed in § 29-20-205 are applicable to the facts before the court.
(b) No claim may be brought against an employee or judgment entered against an employee for damages for which the immunity of the governmental entity is removed by this chapter unless the claim is one for health care liability brought against a health care practitioner. No claim for health care liability may be brought against a health care practitioner or judgment entered against a health care practitioner for damages for which the governmental entity is liable under this chapter, unless the amount of damages sought or judgment entered exceeds the minimum limits set out in § 29-20-403 or the amount of insurance coverage actually carried by the governmental entity, whichever is greater, and the governmental entity is also made a party defendant to the action. As used in this subsection (b), "health care practitioner" means physicians licensed under title 63, chapter 6, and nurses licensed under title 63, chapter 7.
(c) No claim may be brought against an employee or judgment entered against an employee for injury proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune in any amount in excess of the amounts established for governmental entities in § 29-20-403 , unless the act or omission was willful, malicious, criminal, or performed for personal financial gain, or unless the act or omission was one of health care liability committed by a health care practitioner and the claim is brought against such health care practitioner. As used in this subsection (c), "health care practitioner" means physicians licensed under title 63, chapter 6, and nurses licensed under title 63, chapter 7.
(d) Local governmental entities shall have the right, as a matter of local option, to elect to insure or to indemnify their employees for claims for which the governmental entity is immune under this chapter arising under state or federal law upon such terms and conditions as the local government may deem appropriate; provided, that such indemnification may not exceed the limits of liability established for governmental entities in § 29-20-403 except in causes of action in which the liability of governmental employees is not limited as provided in this chapter.
(e) (1) As used in this subsection (e), "volunteer" means a person who donates or volunteers that person's time or services to a local governmental entity when the donation of such time or services is at the request of the local governmental entity and under the direction of a local governmental employee. (2) A local governmental entity may elect to insure or indemnify its volunteers for claims arising under state or federal law for which the governmental entity is immune under this chapter. Such insurance or indemnification shall be upon such terms and conditions as the local governmental entity establishes. However, no such indemnification may exceed the limits of liability established for governmental entities in § 29-20-403 . The volunteer shall be liable for any amount in excess of such limits of governmental liability established in § 29-20-403 . (3) Nothing in this subsection (e) may be construed to affect the status of regular members of a voluntary or auxiliary firefighting, police or emergency assistance organization as employees of a governmental entity as provided in § 29-20-107(d) , nor to impair any immunity granted to these personnel because of that status.
(1) As used in this subsection (e), "volunteer" means a person who donates or volunteers that person's time or services to a local governmental entity when the donation of such time or services is at the request of the local governmental entity and under the direction of a local governmental employee.
(2) A local governmental entity may elect to insure or indemnify its volunteers for claims arising under state or federal law for which the governmental entity is immune under this chapter. Such insurance or indemnification shall be upon such terms and conditions as the local governmental entity establishes. However, no such indemnification may exceed the limits of liability established for governmental entities in § 29-20-403 . The volunteer shall be liable for any amount in excess of such limits of governmental liability established in § 29-20-403 .
(3) Nothing in this subsection (e) may be construed to affect the status of regular members of a voluntary or auxiliary firefighting, police or emergency assistance organization as employees of a governmental entity as provided in § 29-20-107(d) , nor to impair any immunity granted to these personnel because of that status.
(f) (1) No claim may be brought against an employee or judgment entered against an employee for any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101 , and proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was caused by an act or omission that was willful, malicious, criminal, or performed for personal financial gain. (2) (A) In any claim alleging loss, damage, injury, or death arising from COVID-19 under this subsection (f), the claimant must file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's willful, malicious, or criminal act or omission, or performed for personal financial gain. (B) In any claim alleging loss, damage, injury, or death based on exposure to or contraction of COVID-19 under this subsection (f), the claimant must also file with the verified complaint a certificate of good faith stating that the claimant or claimant's counsel has consulted with a physician duly licensed to practice in the state or a contiguous bordering state, and the physician has provided a signed written statement that the physician is competent to express an opinion on exposure to or contraction of COVID-19 and, upon information and belief, believes that the alleged loss, damage, injury, or death was caused by an act or omission of the defendant or defendants. (3) The failure of a claimant to satisfy the requirements of subdivisions (f)(1) and (2), if required by subdivision (f)(2), shall, upon motion, make the action subject to dismissal with prejudice. (4) [Deleted by 2023 amendment.]
(1) No claim may be brought against an employee or judgment entered against an employee for any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101 , and proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was caused by an act or omission that was willful, malicious, criminal, or performed for personal financial gain.
(2) (A) In any claim alleging loss, damage, injury, or death arising from COVID-19 under this subsection (f), the claimant must file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's willful, malicious, or criminal act or omission, or performed for personal financial gain. (B) In any claim alleging loss, damage, injury, or death based on exposure to or contraction of COVID-19 under this subsection (f), the claimant must also file with the verified complaint a certificate of good faith stating that the claimant or claimant's counsel has consulted with a physician duly licensed to practice in the state or a contiguous bordering state, and the physician has provided a signed written statement that the physician is competent to express an opinion on exposure to or contraction of COVID-19 and, upon information and belief, believes that the alleged loss, damage, injury, or death was caused by an act or omission of the defendant or defendants.
(A) In any claim alleging loss, damage, injury, or death arising from COVID-19 under this subsection (f), the claimant must file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's willful, malicious, or criminal act or omission, or performed for personal financial gain.
(B) In any claim alleging loss, damage, injury, or death based on exposure to or contraction of COVID-19 under this subsection (f), the claimant must also file with the verified complaint a certificate of good faith stating that the claimant or claimant's counsel has consulted with a physician duly licensed to practice in the state or a contiguous bordering state, and the physician has provided a signed written statement that the physician is competent to express an opinion on exposure to or contraction of COVID-19 and, upon information and belief, believes that the alleged loss, damage, injury, or death was caused by an act or omission of the defendant or defendants.
(3) The failure of a claimant to satisfy the requirements of subdivisions (f)(1) and (2), if required by subdivision (f)(2), shall, upon motion, make the action subject to dismissal with prejudice.
(4) [Deleted by 2023 amendment.]
Amended by 2023 Tenn. Acts, ch. 48, s 6, eff. 3/21/2023.
Amended by 2022 Tenn. Acts, ch. 1117, s 4, eff. 6/1/2022.
Amended by 2021EX3 Tenn. Acts, ch. 6, Secs.s 3, s 6 eff. 11/12/2021.
Amended by 2020EX2 Tenn. Acts, ch. 1, s 3, eff. 8/17/2020.
Acts 1973, ch. 345, § 20; T.C.A., § 23-3322; Acts 1987, ch. 405, §§ 1, 2; 1993, ch. 406, § 1; 1996, ch. 957, § 1; 2001, ch. 419, § 1; 2012 , ch. 798, § 6.
Tenn. Code Ann. § 29-26-122 — TN Code / Title 29 / Chapter 26 / Section 29-26-122
Filing of certificate of good faith
Status: in_force

(a) In any health care liability action in which expert testimony is required by § 29-26-115 , the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint. If the certificate is not filed with the complaint, the complaint shall be dismissed, as provided in subsection (c), absent a showing that the failure was due to the failure of the provider to timely provide copies of the claimant's records requested as provided in § 29-26-121 or demonstrated extraordinary cause. The certificate of good faith shall state that: (1) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information available from the medical records concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115 ; or (2) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information available from the medical records reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue and, as appropriate, information from the plaintiff or others with knowledge of the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the medical records or information reasonably available to the plaintiff or plaintiff's counsel; and that, despite the absence of this information, there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115 . Refusal of the defendant to release the medical records in a timely fashion or where it is impossible for the plaintiff to obtain the medical records shall waive the requirement that the expert review the medical record prior to expert certification. (b) Within thirty (30) days after a defendant has alleged in an answer or amended answer that a non-party is at fault for the injuries or death of the plaintiff and expert testimony is required to prove fault as required by § 29-26-115 , each defendant or defendant's counsel shall file a certificate of good faith stating that: (1) The defendant or defendant's counsel has consulted with one (1) or more experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to allege such fault against another consistent with the requirements of § 29-26-115 ; or (2) The defendant or defendant's counsel has consulted with one (1) or more medical experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinions or opinions in the case; and (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the information reasonably available to the defendant or defendant's counsel; and that, despite the absence of this information, there is a good faith basis for alleging such fault against another, whether already a party to the action or not, consistent with the requirements of § 29-26-115 . (c) The failure of a plaintiff to file a certificate of good faith in compliance with this section shall, upon motion, make the action subject to dismissal with prejudice. The failure of a defendant to file a certificate of good faith in compliance with this section alleging the fault of a non-party shall, upon motion, make such allegations subject to being stricken with prejudice unless the plaintiff consents to waive compliance with this section. If the allegations are stricken, no defendant, except for a defendant who complied with this section, can assert, and neither shall the judge nor jury consider, the fault, if any, of those identified by the allegations. The court may, upon motion, grant an extension within which to file a certificate of good faith if the court determines that a health care provider who has medical records relevant to the issues in the case has failed to timely produce medical records upon timely request, or for other good cause shown. (d) (1) Subject only to subdivision (d)(2), the written statement of an expert relied upon in executing the certificate of good faith is not discoverable in the course of litigation. (2) If a party in a health care liability action subject to this section prevails on the basis of the failure of an opposing party to offer any competent expert testimony as required by § 29-26-115 , the court may, upon motion, compel the opposing party or party's counsel to provide to the court a copy of each such expert's signed written statement relied upon in executing the certificate of good faith. The medical experts may be compelled to provide testimony under oath, as determined by the court, for the purposes of determining that party's compliance with subsection (a) or (b). (3) If the court, after hearing, determines that this section has been violated, the court shall award appropriate sanctions against the attorney if the attorney was a signatory to the action and against the party if the party was proceeding pro se. The sanctions may include, but are not limited to, payment of some or all of the attorney's fees and costs incurred by a party in defending or responding to a claim or defense supported by the non-complying certificate of good faith. If the signatory was an attorney, the court shall forward the order to the board of professional responsibility for appropriate action. Upon proof that a party or party's counsel has filed a certificate of good faith in violation of this section in three (3) or more cases in any court of record in this state, the court shall, upon motion, require the party or party's counsel to post a bond in the amount of ten thousand dollars ($10,000) per adverse party in any future health care liability case to secure payment of sanctions for any violation of this section in such case. (4) A certificate of good faith shall disclose the number of prior violations of this section by the executing party. (5) The administrative office of the courts shall develop a certificate of good faith form to effectuate the purposes of this section. Acts 2008 , ch. 919, § 1; 2009 , ch. 425, § 2; 2012 , ch. 798, § 14.
(a) In any health care liability action in which expert testimony is required by § 29-26-115 , the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint. If the certificate is not filed with the complaint, the complaint shall be dismissed, as provided in subsection (c), absent a showing that the failure was due to the failure of the provider to timely provide copies of the claimant's records requested as provided in § 29-26-121 or demonstrated extraordinary cause. The certificate of good faith shall state that: (1) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information available from the medical records concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115 ; or (2) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information available from the medical records reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue and, as appropriate, information from the plaintiff or others with knowledge of the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the medical records or information reasonably available to the plaintiff or plaintiff's counsel; and that, despite the absence of this information, there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115 . Refusal of the defendant to release the medical records in a timely fashion or where it is impossible for the plaintiff to obtain the medical records shall waive the requirement that the expert review the medical record prior to expert certification.
(1) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information available from the medical records concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115 ; or
(A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
(B) Believe, based on the information available from the medical records concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115 ; or
(2) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information available from the medical records reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue and, as appropriate, information from the plaintiff or others with knowledge of the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the medical records or information reasonably available to the plaintiff or plaintiff's counsel; and that, despite the absence of this information, there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115 . Refusal of the defendant to release the medical records in a timely fashion or where it is impossible for the plaintiff to obtain the medical records shall waive the requirement that the expert review the medical record prior to expert certification.
(A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
(B) Believe, based on the information available from the medical records reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue and, as appropriate, information from the plaintiff or others with knowledge of the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the medical records or information reasonably available to the plaintiff or plaintiff's counsel; and that, despite the absence of this information, there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115 . Refusal of the defendant to release the medical records in a timely fashion or where it is impossible for the plaintiff to obtain the medical records shall waive the requirement that the expert review the medical record prior to expert certification.
(b) Within thirty (30) days after a defendant has alleged in an answer or amended answer that a non-party is at fault for the injuries or death of the plaintiff and expert testimony is required to prove fault as required by § 29-26-115 , each defendant or defendant's counsel shall file a certificate of good faith stating that: (1) The defendant or defendant's counsel has consulted with one (1) or more experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to allege such fault against another consistent with the requirements of § 29-26-115 ; or (2) The defendant or defendant's counsel has consulted with one (1) or more medical experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinions or opinions in the case; and (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the information reasonably available to the defendant or defendant's counsel; and that, despite the absence of this information, there is a good faith basis for alleging such fault against another, whether already a party to the action or not, consistent with the requirements of § 29-26-115 .
(1) The defendant or defendant's counsel has consulted with one (1) or more experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to allege such fault against another consistent with the requirements of § 29-26-115 ; or
(A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
(B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to allege such fault against another consistent with the requirements of § 29-26-115 ; or
(2) The defendant or defendant's counsel has consulted with one (1) or more medical experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they: (A) Are competent under § 29-26-115 to express an opinions or opinions in the case; and (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the information reasonably available to the defendant or defendant's counsel; and that, despite the absence of this information, there is a good faith basis for alleging such fault against another, whether already a party to the action or not, consistent with the requirements of § 29-26-115 .
(A) Are competent under § 29-26-115 to express an opinions or opinions in the case; and
(B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the information reasonably available to the defendant or defendant's counsel; and that, despite the absence of this information, there is a good faith basis for alleging such fault against another, whether already a party to the action or not, consistent with the requirements of § 29-26-115 .
(c) The failure of a plaintiff to file a certificate of good faith in compliance with this section shall, upon motion, make the action subject to dismissal with prejudice. The failure of a defendant to file a certificate of good faith in compliance with this section alleging the fault of a non-party shall, upon motion, make such allegations subject to being stricken with prejudice unless the plaintiff consents to waive compliance with this section. If the allegations are stricken, no defendant, except for a defendant who complied with this section, can assert, and neither shall the judge nor jury consider, the fault, if any, of those identified by the allegations. The court may, upon motion, grant an extension within which to file a certificate of good faith if the court determines that a health care provider who has medical records relevant to the issues in the case has failed to timely produce medical records upon timely request, or for other good cause shown.
(d) (1) Subject only to subdivision (d)(2), the written statement of an expert relied upon in executing the certificate of good faith is not discoverable in the course of litigation. (2) If a party in a health care liability action subject to this section prevails on the basis of the failure of an opposing party to offer any competent expert testimony as required by § 29-26-115 , the court may, upon motion, compel the opposing party or party's counsel to provide to the court a copy of each such expert's signed written statement relied upon in executing the certificate of good faith. The medical experts may be compelled to provide testimony under oath, as determined by the court, for the purposes of determining that party's compliance with subsection (a) or (b). (3) If the court, after hearing, determines that this section has been violated, the court shall award appropriate sanctions against the attorney if the attorney was a signatory to the action and against the party if the party was proceeding pro se. The sanctions may include, but are not limited to, payment of some or all of the attorney's fees and costs incurred by a party in defending or responding to a claim or defense supported by the non-complying certificate of good faith. If the signatory was an attorney, the court shall forward the order to the board of professional responsibility for appropriate action. Upon proof that a party or party's counsel has filed a certificate of good faith in violation of this section in three (3) or more cases in any court of record in this state, the court shall, upon motion, require the party or party's counsel to post a bond in the amount of ten thousand dollars ($10,000) per adverse party in any future health care liability case to secure payment of sanctions for any violation of this section in such case. (4) A certificate of good faith shall disclose the number of prior violations of this section by the executing party. (5) The administrative office of the courts shall develop a certificate of good faith form to effectuate the purposes of this section.
(1) Subject only to subdivision (d)(2), the written statement of an expert relied upon in executing the certificate of good faith is not discoverable in the course of litigation.
(2) If a party in a health care liability action subject to this section prevails on the basis of the failure of an opposing party to offer any competent expert testimony as required by § 29-26-115 , the court may, upon motion, compel the opposing party or party's counsel to provide to the court a copy of each such expert's signed written statement relied upon in executing the certificate of good faith. The medical experts may be compelled to provide testimony under oath, as determined by the court, for the purposes of determining that party's compliance with subsection (a) or (b).
(3) If the court, after hearing, determines that this section has been violated, the court shall award appropriate sanctions against the attorney if the attorney was a signatory to the action and against the party if the party was proceeding pro se. The sanctions may include, but are not limited to, payment of some or all of the attorney's fees and costs incurred by a party in defending or responding to a claim or defense supported by the non-complying certificate of good faith. If the signatory was an attorney, the court shall forward the order to the board of professional responsibility for appropriate action. Upon proof that a party or party's counsel has filed a certificate of good faith in violation of this section in three (3) or more cases in any court of record in this state, the court shall, upon motion, require the party or party's counsel to post a bond in the amount of ten thousand dollars ($10,000) per adverse party in any future health care liability case to secure payment of sanctions for any violation of this section in such case.
(4) A certificate of good faith shall disclose the number of prior violations of this section by the executing party.
(5) The administrative office of the courts shall develop a certificate of good faith form to effectuate the purposes of this section.
Acts 2008 , ch. 919, § 1; 2009 , ch. 425, § 2; 2012 , ch. 798, § 14.
Tenn. Code Ann. § 29-26-206 — TN Code / Title 29 / Chapter 26 / Section 29-26-206
Employer liability
Status: in_force

(a) An employer of a therapist may be liable under § 29-26-204 if sexual misconduct occurred as provided in § 29-26-204 , and either of the following applies: (1) The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engaged in sexual misconduct with any patient; or (2) The employer fails to make inquiries of a former employer concerning past sexual misconduct of the therapist and the: (A) Former employer's name and address has been disclosed to the employer; (B) Therapist was employed by the former employer as a therapist within five (5) years of the date of employment as a therapist for the employer and during the period of prior employment the therapist engaged in sexual misconduct. (b) An employer or former employer of a therapist may be liable under § 29-26-204 if: (1) Sexual misconduct occurred as provided in § 29-26-204 ; (2) The employer or former employer receives a written request from another employer or prospective employer concerning sexual misconduct by the therapist; (3) The employer or prospective employer is considering the therapist for a therapist position; and (4) The employer or former employer knows or has reason to know of the sexual misconduct and fails or refuses to disclose to the requesting employer the occurrence of sexual misconduct by the therapist. (c) An employer or former employer who gives information concerning sexual misconduct by a therapist when presented with a request for such information by a prospective employer of the therapist is absolved from any legal liability due to the therapist's failure to find employment or damage to the therapist's reputation as a result of the information provided, unless the information is false and the reporting employer knew or should have known that the information was false. (d) Nothing in this section is intended to affect in any way the application of employer liability if such liability rests upon negligence by the employer in supervising the therapist or where the scope of employment would encompass the sexual misconduct. Acts 1995, ch. 463, § 6.
(a) An employer of a therapist may be liable under § 29-26-204 if sexual misconduct occurred as provided in § 29-26-204 , and either of the following applies: (1) The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engaged in sexual misconduct with any patient; or (2) The employer fails to make inquiries of a former employer concerning past sexual misconduct of the therapist and the: (A) Former employer's name and address has been disclosed to the employer; (B) Therapist was employed by the former employer as a therapist within five (5) years of the date of employment as a therapist for the employer and during the period of prior employment the therapist engaged in sexual misconduct.
(1) The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engaged in sexual misconduct with any patient; or
(2) The employer fails to make inquiries of a former employer concerning past sexual misconduct of the therapist and the: (A) Former employer's name and address has been disclosed to the employer; (B) Therapist was employed by the former employer as a therapist within five (5) years of the date of employment as a therapist for the employer and during the period of prior employment the therapist engaged in sexual misconduct.
(A) Former employer's name and address has been disclosed to the employer;
(B) Therapist was employed by the former employer as a therapist within five (5) years of the date of employment as a therapist for the employer and during the period of prior employment the therapist engaged in sexual misconduct.
(b) An employer or former employer of a therapist may be liable under § 29-26-204 if: (1) Sexual misconduct occurred as provided in § 29-26-204 ; (2) The employer or former employer receives a written request from another employer or prospective employer concerning sexual misconduct by the therapist; (3) The employer or prospective employer is considering the therapist for a therapist position; and (4) The employer or former employer knows or has reason to know of the sexual misconduct and fails or refuses to disclose to the requesting employer the occurrence of sexual misconduct by the therapist.
(1) Sexual misconduct occurred as provided in § 29-26-204 ;
(2) The employer or former employer receives a written request from another employer or prospective employer concerning sexual misconduct by the therapist;
(3) The employer or prospective employer is considering the therapist for a therapist position; and
(4) The employer or former employer knows or has reason to know of the sexual misconduct and fails or refuses to disclose to the requesting employer the occurrence of sexual misconduct by the therapist.
(c) An employer or former employer who gives information concerning sexual misconduct by a therapist when presented with a request for such information by a prospective employer of the therapist is absolved from any legal liability due to the therapist's failure to find employment or damage to the therapist's reputation as a result of the information provided, unless the information is false and the reporting employer knew or should have known that the information was false.
(d) Nothing in this section is intended to affect in any way the application of employer liability if such liability rests upon negligence by the employer in supervising the therapist or where the scope of employment would encompass the sexual misconduct.
Acts 1995, ch. 463, § 6.
Tenn. Code Ann. § 29-6-121 — TN Code / Title 29 / Chapter 6 / Section 29-6-121
Form of writ
Status: in_force

(a) The writ may be substantially in the following form: State of Tennessee, ______________ County. To the sheriff of ______________ County, greeting: Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A B in the sum of ____________________ dollars, and affidavit having also been made in writing, and bond given as required by law in attachment cases, you are hereby commanded to attach so much of the estate of G H as will be of value sufficient to satisfy the debt and costs according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon to be had at the ______________ court, to be held for the county of ______________, on the ____________________ day of ______________ next (or before a general sessions judge of ______________ county, on the ______________ day of ____________________), when and where you will make known how you have executed this writ. Witness, E F, judge of the ______________ court (chancellor or clerk), this ____________________ day of ______________, 20 ____________________. E F. (b) No objection will lie to the form of the attachment, if the essential matters in this section be set forth in such attachment. Code 1858, §§ 3474, 3475 (deriv. Acts 1794, ch. 1, § 24); Shan., §§ 5234, 5235; Code 1932, §§ 9424, 9425; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-621.
(a) The writ may be substantially in the following form: State of Tennessee, ______________ County. To the sheriff of ______________ County, greeting: Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A B in the sum of ____________________ dollars, and affidavit having also been made in writing, and bond given as required by law in attachment cases, you are hereby commanded to attach so much of the estate of G H as will be of value sufficient to satisfy the debt and costs according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon to be had at the ______________ court, to be held for the county of ______________, on the ____________________ day of ______________ next (or before a general sessions judge of ______________ county, on the ______________ day of ____________________), when and where you will make known how you have executed this writ. Witness, E F, judge of the ______________ court (chancellor or clerk), this ____________________ day of ______________, 20 ____________________. E F.
State of Tennessee,
______________ County.
To the sheriff of ______________ County, greeting:
Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A B in the sum of ____________________ dollars, and affidavit having also been made in writing, and bond given as required by law in attachment cases, you are hereby commanded to attach so much of the estate of G H as will be of value sufficient to satisfy the debt and costs according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon to be had at the ______________ court, to be held for the county of ______________, on the ____________________ day of ______________ next (or before a general sessions judge of ______________ county, on the ______________ day of ____________________), when and where you will make known how you have executed this writ. Witness, E F, judge of the ______________ court (chancellor or clerk), this ____________________ day of ______________, 20 ____________________. E F.
(b) No objection will lie to the form of the attachment, if the essential matters in this section be set forth in such attachment.
Code 1858, §§ 3474, 3475 (deriv. Acts 1794, ch. 1, § 24); Shan., §§ 5234, 5235; Code 1932, §§ 9424, 9425; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-621.
Tenn. Code Ann. § 29-39-103 — TN Code / Title 29 / Chapter 39 / Section 29-39-103
Findings by trier of fact
Status: in_force

(a) If liability is found in a civil action, then the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: (1) Any past damages for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages; and (2) Any future damages and the periods over which they will accrue for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages. (b) If the plaintiff claims a catastrophic loss or injury has occurred, and if there is a disputed issue of fact regarding whether such loss or injury has occurred, the trier of fact must make a specific finding of fact, by special verdict, that the loss or injury suffered by the plaintiff is catastrophic as defined in § 29-39-102(d) . (c) The calculation of all future medical care and other costs of health care and future noneconomic losses must reflect the costs and losses during the period of time the claimant will sustain those costs and losses. The calculation for other economic loss must be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based. All such calculations of future losses shall be adjusted to reflect net present value. Amended by 2013 Tenn. Acts, ch. 379, s 1, eff. 5/14/2013. Acts 2011 , ch. 510, § 10.
(a) If liability is found in a civil action, then the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of: (1) Any past damages for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages; and (2) Any future damages and the periods over which they will accrue for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages.
(1) Any past damages for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages; and
(A) Medical and other costs of health care;
(B) Other economic damages; and
(C) Noneconomic damages; and
(2) Any future damages and the periods over which they will accrue for each of the following types of damages: (A) Medical and other costs of health care; (B) Other economic damages; and (C) Noneconomic damages.
(A) Medical and other costs of health care;
(B) Other economic damages; and
(C) Noneconomic damages.
(b) If the plaintiff claims a catastrophic loss or injury has occurred, and if there is a disputed issue of fact regarding whether such loss or injury has occurred, the trier of fact must make a specific finding of fact, by special verdict, that the loss or injury suffered by the plaintiff is catastrophic as defined in § 29-39-102(d) .
(c) The calculation of all future medical care and other costs of health care and future noneconomic losses must reflect the costs and losses during the period of time the claimant will sustain those costs and losses. The calculation for other economic loss must be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based. All such calculations of future losses shall be adjusted to reflect net present value.
Amended by 2013 Tenn. Acts, ch. 379, s 1, eff. 5/14/2013.
Acts 2011 , ch. 510, § 10.
Tenn. Code Ann. § 29-34-215 — TN Code / Title 29 / Chapter 34 / Section 29-34-215
Liability of private entities for cybersecurity events
Status: in_force

(a) As used in this section: (1) "Cybersecurity event" means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system; (2) "Information system" has the same meaning as defined in § 56-2-1003 ; (3) "Nonpublic information" means information that is not publicly available and concerns a person that, because of a name, number, personal mark, or other identifier, can be used to identify that person, in combination with the following: (A) A social security number; (B) A driver license number or non-driver identification card number; (C) A financial account number or credit or debit card number; (D) A security code, access code, or password that would permit access to the person's financial accounts; or (E) Biometric records; (4) "Private entity" means a corporation, religious or charitable organization, association, partnership, limited liability company, limited liability partnership, or other private business entity, whether organized for-profit or not-for-profit; and (5) "Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public. (b) A private entity is not liable in a class action lawsuit resulting from a cybersecurity event unless the cybersecurity event was caused by willful and wanton misconduct or gross negligence on the part of the private entity. Added by 2024 Tenn. Acts, ch. 991,s 1, eff. 5/21/2024.
(a) As used in this section: (1) "Cybersecurity event" means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system; (2) "Information system" has the same meaning as defined in § 56-2-1003 ; (3) "Nonpublic information" means information that is not publicly available and concerns a person that, because of a name, number, personal mark, or other identifier, can be used to identify that person, in combination with the following: (A) A social security number; (B) A driver license number or non-driver identification card number; (C) A financial account number or credit or debit card number; (D) A security code, access code, or password that would permit access to the person's financial accounts; or (E) Biometric records; (4) "Private entity" means a corporation, religious or charitable organization, association, partnership, limited liability company, limited liability partnership, or other private business entity, whether organized for-profit or not-for-profit; and (5) "Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public.
(1) "Cybersecurity event" means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system;
(2) "Information system" has the same meaning as defined in § 56-2-1003 ;
(3) "Nonpublic information" means information that is not publicly available and concerns a person that, because of a name, number, personal mark, or other identifier, can be used to identify that person, in combination with the following: (A) A social security number; (B) A driver license number or non-driver identification card number; (C) A financial account number or credit or debit card number; (D) A security code, access code, or password that would permit access to the person's financial accounts; or (E) Biometric records;
(A) A social security number;
(B) A driver license number or non-driver identification card number;
(C) A financial account number or credit or debit card number;
(D) A security code, access code, or password that would permit access to the person's financial accounts; or
(E) Biometric records;
(4) "Private entity" means a corporation, religious or charitable organization, association, partnership, limited liability company, limited liability partnership, or other private business entity, whether organized for-profit or not-for-profit; and
(5) "Publicly available information" means information that is lawfully made available through federal, state, or local government records, or information that a business has a reasonable basis to believe is lawfully made available to the general public.
(b) A private entity is not liable in a class action lawsuit resulting from a cybersecurity event unless the cybersecurity event was caused by willful and wanton misconduct or gross negligence on the part of the private entity.
Added by 2024 Tenn. Acts, ch. 991,s 1, eff. 5/21/2024.
Tenn. Code Ann. § 29-5-102 — TN Code / Title 29 / Chapter 5 / Section 29-5-102
Scope of submission
Status: in_force

The submission may be of some particular matters or demands, or of all demands which one (1) party has against the other, or of all mutual demands. Code 1858, § 3435; Shan., § 5191; Code 1932, § 9362; T.C.A. (orig. ed.), § 23-502.
The submission may be of some particular matters or demands, or of all demands which one (1) party has against the other, or of all mutual demands.
Code 1858, § 3435; Shan., § 5191; Code 1932, § 9362; T.C.A. (orig. ed.), § 23-502.
Tenn. Code Ann. § 29-3-101 — TN Code / Title 29 / Chapter 3 / Section 29-3-101
[For constitutionality, see Compiler's notes] Definitions - Maintenance and abatement of nuisance - Forfeiture of property - Payment of moneys from forfeiture into general funds
Status: in_force

(a) As used herein: (1) "Lewdness" includes all matter of lewd sexual conduct or live exhibition, and includes, but is not limited to, possession, sale or exhibition of any: (A) Obscene films or plate positives; (B) Films designed to be projected upon a screen for exhibition; or (C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition; (2) "Nuisance" means that which is declared to be a nuisance by other statutes, and, in addition, means: (A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402 , unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , or §§ 39-17-1003 - 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes; (B) A criminal gang, as defined by § 40-35-121(a) , that regularly engages in gang related conduct. "Gang related conduct" occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a) , regularly engages in the following: (i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person; (ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307 , knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons; (iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another; (iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402 , or controlled substance analogue, as defined in § 39-17-454 , knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 , or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310 ; (v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401 ; (vi) Criminal trespassing in violation of § 39-14-405 ; (vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang; (viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang; (ix) Engaging in a criminal gang offense as defined by § 40-35-121(a) ; (x) Disorderly conduct in violation of § 39-17-305 ; or (xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156 ; or (C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken; (3) "Person" means and includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee; and (4) "Place" means and includes any building, room enclosure or vehicle, or separate part or portion thereof or the ground itself and all the property on which the nuisance is located that is under the ownership, management or control of the violator. (b) Any person who uses, occupies, establishes or conducts a nuisance, or aids or abets therein, and the owner, agent or lessee of any interest in any such nuisance, together with the persons employed in or in control of any such nuisance by any such owner, agent or lessee, is guilty of maintaining a nuisance and such nuisance shall be abated as provided hereinafter. (c) All motor vehicles, furnishings, fixtures, equipment, moneys and stock, used in or in connection with the maintaining or conducting of a nuisance, are subject to seizure, immediately upon detection by any law enforcement officer and are subject to forfeiture to the state by order of a court having jurisdiction upon application by any of the officers or persons authorized by § 29-3-102 , to bring action for the abatement of such nuisance; provided, that seizure for the possession of obscene matter shall be in accordance with §§ 39-17-901 - 39-17-908 and seizure for violations of §§ 39-17-1003 - 39-17-1005 shall be in accordance with §§ 39-17-1006 and 39-17-1007 . Any property so forfeited shall be disposed of by public auction or as otherwise provided by law. (d) All moneys from such forfeiture and all proceeds realized from the enforcement of this section shall be paid equally into the general funds of the state and the general funds of the political subdivision or other public agency, if any, whose officers made the seizure, except as otherwise provided by law. (e) (1) Upon a person's second or subsequent conviction for promoting prostitution or patronizing prostitution, any vehicle in which such offense was committed is subject to seizure and forfeiture in accordance with the procedure established in title 39, chapter 11, part 7; provided, however, that nothing contained within this subsection (e) shall be construed to authorize seizure of such vehicle at any time prior to such conviction. (2) Subdivision (e)(1) applies only if the violations making the vehicle subject to seizure and forfeiture occur in Tennessee and at least one (1) of the previous violations occurs on or after July 1, 2002, and the second or subsequent offense after July 1, 2002, occurs within five (5) years of the most recent prior offense occurring after July 1, 2002. Amended by 2014 Tenn. Acts, ch. 631, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 247, s 1, eff. 7/1/2013. Acts 1913 (2nd Ex.Sess.), ch. 2, § 1; Shan., § 5164a1; Code 1932, § 9324; Acts 1943, ch. 118, § 1; C. Supp. 1950, § 9324; Acts 1973, ch. 277, §§ 1-4; T.C.A. (orig. ed.), § 23-301; Acts 1990, ch. 1092, § 8; 2002, ch. 847, §§ 1 - 3; 2006, ch. 763, §§1, 2; 2009 , ch. 571, §1; 2012 , ch. 848, § 7.
(a) As used herein: (1) "Lewdness" includes all matter of lewd sexual conduct or live exhibition, and includes, but is not limited to, possession, sale or exhibition of any: (A) Obscene films or plate positives; (B) Films designed to be projected upon a screen for exhibition; or (C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition; (2) "Nuisance" means that which is declared to be a nuisance by other statutes, and, in addition, means: (A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402 , unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , or §§ 39-17-1003 - 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes; (B) A criminal gang, as defined by § 40-35-121(a) , that regularly engages in gang related conduct. "Gang related conduct" occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a) , regularly engages in the following: (i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person; (ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307 , knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons; (iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another; (iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402 , or controlled substance analogue, as defined in § 39-17-454 , knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 , or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310 ; (v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401 ; (vi) Criminal trespassing in violation of § 39-14-405 ; (vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang; (viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang; (ix) Engaging in a criminal gang offense as defined by § 40-35-121(a) ; (x) Disorderly conduct in violation of § 39-17-305 ; or (xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156 ; or (C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken; (3) "Person" means and includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee; and (4) "Place" means and includes any building, room enclosure or vehicle, or separate part or portion thereof or the ground itself and all the property on which the nuisance is located that is under the ownership, management or control of the violator.
(1) "Lewdness" includes all matter of lewd sexual conduct or live exhibition, and includes, but is not limited to, possession, sale or exhibition of any: (A) Obscene films or plate positives; (B) Films designed to be projected upon a screen for exhibition; or (C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition;
(A) Obscene films or plate positives;
(B) Films designed to be projected upon a screen for exhibition; or
(C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition;
(2) "Nuisance" means that which is declared to be a nuisance by other statutes, and, in addition, means: (A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402 , unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , or §§ 39-17-1003 - 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes; (B) A criminal gang, as defined by § 40-35-121(a) , that regularly engages in gang related conduct. "Gang related conduct" occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a) , regularly engages in the following: (i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person; (ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307 , knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons; (iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another; (iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402 , or controlled substance analogue, as defined in § 39-17-454 , knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 , or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310 ; (v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401 ; (vi) Criminal trespassing in violation of § 39-14-405 ; (vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang; (viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang; (ix) Engaging in a criminal gang offense as defined by § 40-35-121(a) ; (x) Disorderly conduct in violation of § 39-17-305 ; or (xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156 ; or (C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken;
(A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402 , unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 - 39-17-908, § 39-17-911 , § 39-17-914 , § 39-17-918 , or §§ 39-17-1003 - 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes;
(B) A criminal gang, as defined by § 40-35-121(a) , that regularly engages in gang related conduct. "Gang related conduct" occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a) , regularly engages in the following: (i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person; (ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307 , knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons; (iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another; (iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402 , or controlled substance analogue, as defined in § 39-17-454 , knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 , or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310 ; (v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401 ; (vi) Criminal trespassing in violation of § 39-14-405 ; (vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang; (viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang; (ix) Engaging in a criminal gang offense as defined by § 40-35-121(a) ; (x) Disorderly conduct in violation of § 39-17-305 ; or (xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156 ; or
(i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person;
(ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307 , knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons;
(iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another;
(iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402 , or controlled substance analogue, as defined in § 39-17-454 , knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401 , or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310 ;
(v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401 ;
(vi) Criminal trespassing in violation of § 39-14-405 ;
(vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang;
(viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang;
(ix) Engaging in a criminal gang offense as defined by § 40-35-121(a) ;
(x) Disorderly conduct in violation of § 39-17-305 ; or
(xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156 ; or
(C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken;
(3) "Person" means and includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee; and
(4) "Place" means and includes any building, room enclosure or vehicle, or separate part or portion thereof or the ground itself and all the property on which the nuisance is located that is under the ownership, management or control of the violator.
(b) Any person who uses, occupies, establishes or conducts a nuisance, or aids or abets therein, and the owner, agent or lessee of any interest in any such nuisance, together with the persons employed in or in control of any such nuisance by any such owner, agent or lessee, is guilty of maintaining a nuisance and such nuisance shall be abated as provided hereinafter.
(c) All motor vehicles, furnishings, fixtures, equipment, moneys and stock, used in or in connection with the maintaining or conducting of a nuisance, are subject to seizure, immediately upon detection by any law enforcement officer and are subject to forfeiture to the state by order of a court having jurisdiction upon application by any of the officers or persons authorized by § 29-3-102 , to bring action for the abatement of such nuisance; provided, that seizure for the possession of obscene matter shall be in accordance with §§ 39-17-901 - 39-17-908 and seizure for violations of §§ 39-17-1003 - 39-17-1005 shall be in accordance with §§ 39-17-1006 and 39-17-1007 . Any property so forfeited shall be disposed of by public auction or as otherwise provided by law.
(d) All moneys from such forfeiture and all proceeds realized from the enforcement of this section shall be paid equally into the general funds of the state and the general funds of the political subdivision or other public agency, if any, whose officers made the seizure, except as otherwise provided by law.
(e) (1) Upon a person's second or subsequent conviction for promoting prostitution or patronizing prostitution, any vehicle in which such offense was committed is subject to seizure and forfeiture in accordance with the procedure established in title 39, chapter 11, part 7; provided, however, that nothing contained within this subsection (e) shall be construed to authorize seizure of such vehicle at any time prior to such conviction. (2) Subdivision (e)(1) applies only if the violations making the vehicle subject to seizure and forfeiture occur in Tennessee and at least one (1) of the previous violations occurs on or after July 1, 2002, and the second or subsequent offense after July 1, 2002, occurs within five (5) years of the most recent prior offense occurring after July 1, 2002.
(1) Upon a person's second or subsequent conviction for promoting prostitution or patronizing prostitution, any vehicle in which such offense was committed is subject to seizure and forfeiture in accordance with the procedure established in title 39, chapter 11, part 7; provided, however, that nothing contained within this subsection (e) shall be construed to authorize seizure of such vehicle at any time prior to such conviction.
(2) Subdivision (e)(1) applies only if the violations making the vehicle subject to seizure and forfeiture occur in Tennessee and at least one (1) of the previous violations occurs on or after July 1, 2002, and the second or subsequent offense after July 1, 2002, occurs within five (5) years of the most recent prior offense occurring after July 1, 2002.
Amended by 2014 Tenn. Acts, ch. 631, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 247, s 1, eff. 7/1/2013.
Acts 1913 (2nd Ex.Sess.), ch. 2, § 1; Shan., § 5164a1; Code 1932, § 9324; Acts 1943, ch. 118, § 1; C. Supp. 1950, § 9324; Acts 1973, ch. 277, §§ 1-4; T.C.A. (orig. ed.), § 23-301; Acts 1990, ch. 1092, § 8; 2002, ch. 847, §§ 1 - 3; 2006, ch. 763, §§1, 2; 2009 , ch. 571, §1; 2012 , ch. 848, § 7.
Tenn. Code Ann. § 29-38-111 — TN Code / Title 29 / Chapter 38 / Section 29-38-111
Comparative fault
Status: in_force

(a) An action by an individual drug user is governed by the principles of comparative fault. Comparative fault attributed to the plaintiff does not bar recovery, but diminishes the award of compensatory damages proportionally, according to the measure of fault attributed to the plaintiff. (b) The burden of proving the comparative fault of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence. (c) Comparative fault shall not be attributed to a plaintiff that is not an individual drug user. Acts 2005, ch. 377, § 11.
(a) An action by an individual drug user is governed by the principles of comparative fault. Comparative fault attributed to the plaintiff does not bar recovery, but diminishes the award of compensatory damages proportionally, according to the measure of fault attributed to the plaintiff.
(b) The burden of proving the comparative fault of the plaintiff is on the defendant, which shall be shown by clear and convincing evidence.
(c) Comparative fault shall not be attributed to a plaintiff that is not an individual drug user.
Acts 2005, ch. 377, § 11.
Tenn. Code Ann. § 29-6-119 — TN Code / Title 29 / Chapter 6 / Section 29-6-119
Pleadings on debt not due
Status: in_force

If the debt or demand, on which the attachment suit is brought, is not due at the time of the service of the attachment, the plaintiff is not required to file any pleadings until the maturity of such debt or demand. Code 1858, § 3525; Shan., § 5285; Code 1932, § 9477; T.C.A. (orig. ed.), § 23-619.
If the debt or demand, on which the attachment suit is brought, is not due at the time of the service of the attachment, the plaintiff is not required to file any pleadings until the maturity of such debt or demand.
Code 1858, § 3525; Shan., § 5285; Code 1932, § 9477; T.C.A. (orig. ed.), § 23-619.
Tenn. Code Ann. § 29-15-125 — TN Code / Title 29 / Chapter 15 / Section 29-15-125
Rebuttable presumption of legal title
Status: in_force

In order to establish a rebuttable presumption of legal title to real property for the purpose of bringing an action of ejectment, it shall be sufficient for a person claiming legal title to establish the chain of title to the property for the preceding fifty (50) years in any instance where the property title records of the county have been destroyed so as to make it impossible to trace the title of the property to the earliest sale or grant. Acts 1991, ch. 392, § 1.
In order to establish a rebuttable presumption of legal title to real property for the purpose of bringing an action of ejectment, it shall be sufficient for a person claiming legal title to establish the chain of title to the property for the preceding fifty (50) years in any instance where the property title records of the county have been destroyed so as to make it impossible to trace the title of the property to the earliest sale or grant.
Acts 1991, ch. 392, § 1.
Tenn. Code Ann. § 29-27-304 — TN Code / Title 29 / Chapter 27 / Section 29-27-304
Service - Notice by posting
Status: in_force

(a) This part does not limit or affect the method by which service of a petition in a partition action may be made. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, then the plaintiff, no later than ten (10) days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court, the case number, and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) This part does not limit or affect the method by which service of a petition in a partition action may be made.
(b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, then the plaintiff, no later than ten (10) days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court, the case number, and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-17-104 — TN Code / Title 29 / Chapter 17 / Section 29-17-104
Condemnation proceedings
Status: in_force

(a) Notwithstanding any law to the contrary, in any condemnation proceedings initiated in this state: (1) Notice of the filing of a petition to institute condemnation proceedings shall be given to each respondent at least thirty (30) days prior to the taking of any additional steps in the case. If the respondent is unknown, is a nonresident of the state, or cannot be found, notice shall be given by publication, which shall be made in the same manner as provided by law for similar situations in chancery court; and (2) (A) After the expiration of thirty (30) days from the date of the giving of notice, if the right to take has not been challenged in an answer, the condemner shall have the right to take possession of the property or property rights sought to be condemned; and (B) If the right to take is challenged in an answer within thirty (30) days from the date of the giving of notice, the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights sought to be condemned. If the court determines that the condemner has the right to take, the condemner shall thereupon have the right to take possession thereof. (b) When a condemner has the right to take possession of property or property rights, if necessary, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession. The writ may be issued prior to a trial on the damages. Acts 2006, ch. 863, § 15.
(a) Notwithstanding any law to the contrary, in any condemnation proceedings initiated in this state: (1) Notice of the filing of a petition to institute condemnation proceedings shall be given to each respondent at least thirty (30) days prior to the taking of any additional steps in the case. If the respondent is unknown, is a nonresident of the state, or cannot be found, notice shall be given by publication, which shall be made in the same manner as provided by law for similar situations in chancery court; and (2) (A) After the expiration of thirty (30) days from the date of the giving of notice, if the right to take has not been challenged in an answer, the condemner shall have the right to take possession of the property or property rights sought to be condemned; and (B) If the right to take is challenged in an answer within thirty (30) days from the date of the giving of notice, the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights sought to be condemned. If the court determines that the condemner has the right to take, the condemner shall thereupon have the right to take possession thereof.
(1) Notice of the filing of a petition to institute condemnation proceedings shall be given to each respondent at least thirty (30) days prior to the taking of any additional steps in the case. If the respondent is unknown, is a nonresident of the state, or cannot be found, notice shall be given by publication, which shall be made in the same manner as provided by law for similar situations in chancery court; and
(2) (A) After the expiration of thirty (30) days from the date of the giving of notice, if the right to take has not been challenged in an answer, the condemner shall have the right to take possession of the property or property rights sought to be condemned; and (B) If the right to take is challenged in an answer within thirty (30) days from the date of the giving of notice, the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights sought to be condemned. If the court determines that the condemner has the right to take, the condemner shall thereupon have the right to take possession thereof.
(A) After the expiration of thirty (30) days from the date of the giving of notice, if the right to take has not been challenged in an answer, the condemner shall have the right to take possession of the property or property rights sought to be condemned; and
(B) If the right to take is challenged in an answer within thirty (30) days from the date of the giving of notice, the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights sought to be condemned. If the court determines that the condemner has the right to take, the condemner shall thereupon have the right to take possession thereof.
(b) When a condemner has the right to take possession of property or property rights, if necessary, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession. The writ may be issued prior to a trial on the damages.
Acts 2006, ch. 863, § 15.
Tenn. Code Ann. § 29-5-313 — TN Code / Title 29 / Chapter 5 / Section 29-5-313
Disclosure by arbitrator
Status: in_force

(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including: (1) A financial or personal interest in the outcome of the arbitration proceeding; and (2) An existing or past relationship with the parties to the agreement to arbitrate or the arbitration proceeding, the parties' counsel or representatives, a witness, or other arbitrators. (b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator. (c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, then the objection may be a ground under § 29-5-324(a)(2) for vacating an award made by the arbitrator. (d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, then the court under § 29-5-324(a)(2) may vacate an award. (e) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding, or a known, existing, and substantial relationship with a party, is presumed to act with evident partiality under § 29-5-324(a)(2) . (f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, then substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under § 29-5-324(a)(2) . Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including: (1) A financial or personal interest in the outcome of the arbitration proceeding; and (2) An existing or past relationship with the parties to the agreement to arbitrate or the arbitration proceeding, the parties' counsel or representatives, a witness, or other arbitrators.
(1) A financial or personal interest in the outcome of the arbitration proceeding; and
(2) An existing or past relationship with the parties to the agreement to arbitrate or the arbitration proceeding, the parties' counsel or representatives, a witness, or other arbitrators.
(b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, then the objection may be a ground under § 29-5-324(a)(2) for vacating an award made by the arbitrator.
(d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, then the court under § 29-5-324(a)(2) may vacate an award.
(e) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding, or a known, existing, and substantial relationship with a party, is presumed to act with evident partiality under § 29-5-324(a)(2) .
(f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, then substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under § 29-5-324(a)(2) .
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-26-121 — TN Code / Title 29 / Chapter 26 / Section 29-26-121
Claim for health care liability - Notice - Evidence of compliance - Limitations - Copies of medical records
Status: in_force

(a) (1) Any person, or that person's authorized agent, asserting a potential claim for health care liability shall give written notice of the potential claim to each health care provider that will be a named defendant at least sixty (60) days before the filing of a complaint based upon health care liability in any court of this state. (2) The notice shall include: (A) The full name and date of birth of the patient whose treatment is at issue; (B) The name and address of the claimant authorizing the notice and the relationship to the patient, if the notice is not sent by the patient; (C) The name and address of the attorney sending the notice, if applicable; (D) A list of the name and address of all providers being sent a notice; and (E) A HIPAA compliant medical authorization permitting the provider receiving the notice to obtain complete medical records from each other provider being sent a notice. (3) The requirement of service of written notice prior to suit is deemed satisfied if, within the statutes of limitations and statutes of repose applicable to the provider, one of the following occurs, as established by the specified proof of service, which shall be filed with the complaint: (A) Personal delivery of the notice to the health care provider or an identified individual whose job function includes receptionist for deliveries to the provider or for arrival of the provider's patients at the provider's current practice location. Delivery must be established by an affidavit stating that the notice was personally delivered and the identity of the individual to whom the notice was delivered; or (B) Mailing of the notice: (i) To an individual health care provider at both the address listed for the provider on the Tennessee department of health web site and the provider's current business address, if different from the address maintained by the Tennessee department of health; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient; or (ii) To a health care provider that is a corporation or other business entity at both the address for the agent for service of process, and the provider's current business address, if different from that of the agent for service of process; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient. (4) Compliance with subdivision (a)(3)(B) shall be demonstrated by filing a certificate of mailing from the United States postal service stamped with the date of mailing and an affidavit of the party mailing the notice establishing that the specified notice was timely mailed by certified mail, return receipt requested. A copy of the notice sent shall be attached to the affidavit. It is not necessary that the addressee of the notice sign or return the return receipt card that accompanies a letter sent by certified mail for service to be effective. (5) In the event a person, entity, or health care provider receives notice of a potential claim for health care liability pursuant to this subsection (a), the person, entity, or health care provider shall, within thirty (30) days of receiving the notice, based upon any reasonable knowledge and information available, provide written notice to the potential claimant of any other person, entity, or health care provider who may be a properly named defendant. (b) If a complaint is filed in any court alleging a claim for health care liability, the pleadings shall state whether each party has complied with subsection (a) and shall provide the documentation specified in subdivision (a)(2). The court may require additional evidence of compliance to determine if the provisions of this section have been met. The court has discretion to excuse compliance with this section only for extraordinary cause shown. (c) When notice is given to a provider as provided in this section, the applicable statutes of limitations and repose shall be extended for a period of one hundred twenty (120) days from the date of expiration of the statute of limitations and statute of repose applicable to that provider. Personal service is effective on the date of that service. Service by mail is effective on the first day that service by mail is made in compliance with subdivision (a)(2)(B). In no event shall this section operate to shorten or otherwise extend the statutes of limitations or repose applicable to any action asserting a claim for health care liability, nor shall more than one (1) extension be applicable to any provider. Once a complaint is filed alleging a claim for health care liability, the notice provisions of this section shall not apply to any person or entity that is made a party to the action thereafter by amendment to the pleadings as a result of a defendant's alleging comparative fault. (d) (1) All parties in an action covered by this section shall be entitled to obtain complete copies of the claimant's medical records from any other provider receiving notice. A party shall provide a copy of the specified portions of the claimant's medical records as of the date of the receipt of a legally authorized written request for the records within thirty (30) days thereafter. The claimant complies with this requirement by providing the providers with the authorized HIPAA compliant medical authorization required to accompany the notice. The provider may comply with this section by: (A) Mailing a copy of the requested portions of the records with a statement for the cost of duplication of the records to the individual requesting the records; (B) Informing the individual requesting the records that the records will be mailed only upon advance payment for the records for the stated cost of the records, calculated as provided in § 63-2-102 . Any request for advance payment must be made in writing twenty (20) days after the receipt of the request for medical records. The provider must send the records within three (3) business days after receipt of payment for the records; or (C) Fulfilling such other method that the provider and the individual requesting the records agree to in writing. (2) The records received by the parties shall be treated as confidential, to be used only by the parties, their counsel, and their consultants. (e) In the event that a complaint is filed in good faith reliance on the extension of the statute of limitations or repose granted by this section and it is later determined that the claim is not a health care liability claim, the extension of the statute of limitations and repose granted by this section is still available to the plaintiff. (f) (1) Upon the filing of any "healthcare liability action," as defined in § 29-26-101 , the named defendant or defendants may petition the court for a qualified protective order allowing the defendant or defendants and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant's counsel, with the relevant patient's treating "healthcare providers," as defined by § 29-26-101 . Such petition shall be granted under the following conditions: (A) The petition must identify the treating healthcare provider or providers for whom the defendant or defendants seek a qualified protective order to conduct an interview; (B) The claimant may file an objection seeking to limit or prohibit the defendant or defendants or the defendant's or defendants' counsel from conducting the interviews, which may be granted only upon good cause shown that a treating healthcare provider does not possess relevant information as defined by the Tennessee Rules of Civil Procedure; and (C) (i) The qualified protective order shall expressly limit the dissemination of any protected health information to the litigation pending before the court and require the defendant or defendants who conducted the interview to return to the healthcare provider or destroy any protected health information obtained in the course of any such interview, including all copies, at the end of the litigation; (ii) The qualified protective order shall expressly provide that participation in any such interview by a treating healthcare provider is voluntary. (2) Any healthcare provider's disclosure of relevant information in response to a court order under this section, including, but not limited to, protected health information, opinions as to the standard of care of any defendant, compliance with or breach of the standard, and causation of the alleged injury, shall be deemed a permissible disclosure under Tennessee law. (3) Nothing in this part shall be construed as restricting in any way the right of a defendant or defendant's counsel from conducting interviews outside the presence of claimant or claimant's counsel with the defendant's own present or former employees, partners, or owners concerning a healthcare liability action. Amended by 2015 Tenn. Acts, ch. 268, s 1, eff. 4/24/2015. Amended by 2015 Tenn. Acts, ch. 254, s 3, eff. 4/24/2015. Amended by 2013 Tenn. Acts, ch. 23, s 1, eff. 7/1/2013. Acts 2008 , ch. 919, § 1; 2009 , ch. 425, § 1; 2012 , ch. 798, § 13; 2012 , ch. 926, § 1.
(a) (1) Any person, or that person's authorized agent, asserting a potential claim for health care liability shall give written notice of the potential claim to each health care provider that will be a named defendant at least sixty (60) days before the filing of a complaint based upon health care liability in any court of this state. (2) The notice shall include: (A) The full name and date of birth of the patient whose treatment is at issue; (B) The name and address of the claimant authorizing the notice and the relationship to the patient, if the notice is not sent by the patient; (C) The name and address of the attorney sending the notice, if applicable; (D) A list of the name and address of all providers being sent a notice; and (E) A HIPAA compliant medical authorization permitting the provider receiving the notice to obtain complete medical records from each other provider being sent a notice. (3) The requirement of service of written notice prior to suit is deemed satisfied if, within the statutes of limitations and statutes of repose applicable to the provider, one of the following occurs, as established by the specified proof of service, which shall be filed with the complaint: (A) Personal delivery of the notice to the health care provider or an identified individual whose job function includes receptionist for deliveries to the provider or for arrival of the provider's patients at the provider's current practice location. Delivery must be established by an affidavit stating that the notice was personally delivered and the identity of the individual to whom the notice was delivered; or (B) Mailing of the notice: (i) To an individual health care provider at both the address listed for the provider on the Tennessee department of health web site and the provider's current business address, if different from the address maintained by the Tennessee department of health; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient; or (ii) To a health care provider that is a corporation or other business entity at both the address for the agent for service of process, and the provider's current business address, if different from that of the agent for service of process; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient. (4) Compliance with subdivision (a)(3)(B) shall be demonstrated by filing a certificate of mailing from the United States postal service stamped with the date of mailing and an affidavit of the party mailing the notice establishing that the specified notice was timely mailed by certified mail, return receipt requested. A copy of the notice sent shall be attached to the affidavit. It is not necessary that the addressee of the notice sign or return the return receipt card that accompanies a letter sent by certified mail for service to be effective. (5) In the event a person, entity, or health care provider receives notice of a potential claim for health care liability pursuant to this subsection (a), the person, entity, or health care provider shall, within thirty (30) days of receiving the notice, based upon any reasonable knowledge and information available, provide written notice to the potential claimant of any other person, entity, or health care provider who may be a properly named defendant.
(1) Any person, or that person's authorized agent, asserting a potential claim for health care liability shall give written notice of the potential claim to each health care provider that will be a named defendant at least sixty (60) days before the filing of a complaint based upon health care liability in any court of this state.
(2) The notice shall include: (A) The full name and date of birth of the patient whose treatment is at issue; (B) The name and address of the claimant authorizing the notice and the relationship to the patient, if the notice is not sent by the patient; (C) The name and address of the attorney sending the notice, if applicable; (D) A list of the name and address of all providers being sent a notice; and (E) A HIPAA compliant medical authorization permitting the provider receiving the notice to obtain complete medical records from each other provider being sent a notice.
(A) The full name and date of birth of the patient whose treatment is at issue;
(B) The name and address of the claimant authorizing the notice and the relationship to the patient, if the notice is not sent by the patient;
(C) The name and address of the attorney sending the notice, if applicable;
(D) A list of the name and address of all providers being sent a notice; and
(E) A HIPAA compliant medical authorization permitting the provider receiving the notice to obtain complete medical records from each other provider being sent a notice.
(3) The requirement of service of written notice prior to suit is deemed satisfied if, within the statutes of limitations and statutes of repose applicable to the provider, one of the following occurs, as established by the specified proof of service, which shall be filed with the complaint: (A) Personal delivery of the notice to the health care provider or an identified individual whose job function includes receptionist for deliveries to the provider or for arrival of the provider's patients at the provider's current practice location. Delivery must be established by an affidavit stating that the notice was personally delivered and the identity of the individual to whom the notice was delivered; or (B) Mailing of the notice: (i) To an individual health care provider at both the address listed for the provider on the Tennessee department of health web site and the provider's current business address, if different from the address maintained by the Tennessee department of health; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient; or (ii) To a health care provider that is a corporation or other business entity at both the address for the agent for service of process, and the provider's current business address, if different from that of the agent for service of process; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient.
(A) Personal delivery of the notice to the health care provider or an identified individual whose job function includes receptionist for deliveries to the provider or for arrival of the provider's patients at the provider's current practice location. Delivery must be established by an affidavit stating that the notice was personally delivered and the identity of the individual to whom the notice was delivered; or
(B) Mailing of the notice: (i) To an individual health care provider at both the address listed for the provider on the Tennessee department of health web site and the provider's current business address, if different from the address maintained by the Tennessee department of health; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient; or (ii) To a health care provider that is a corporation or other business entity at both the address for the agent for service of process, and the provider's current business address, if different from that of the agent for service of process; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient.
(i) To an individual health care provider at both the address listed for the provider on the Tennessee department of health web site and the provider's current business address, if different from the address maintained by the Tennessee department of health; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient; or
(ii) To a health care provider that is a corporation or other business entity at both the address for the agent for service of process, and the provider's current business address, if different from that of the agent for service of process; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient.
(4) Compliance with subdivision (a)(3)(B) shall be demonstrated by filing a certificate of mailing from the United States postal service stamped with the date of mailing and an affidavit of the party mailing the notice establishing that the specified notice was timely mailed by certified mail, return receipt requested. A copy of the notice sent shall be attached to the affidavit. It is not necessary that the addressee of the notice sign or return the return receipt card that accompanies a letter sent by certified mail for service to be effective.
(5) In the event a person, entity, or health care provider receives notice of a potential claim for health care liability pursuant to this subsection (a), the person, entity, or health care provider shall, within thirty (30) days of receiving the notice, based upon any reasonable knowledge and information available, provide written notice to the potential claimant of any other person, entity, or health care provider who may be a properly named defendant.
(b) If a complaint is filed in any court alleging a claim for health care liability, the pleadings shall state whether each party has complied with subsection (a) and shall provide the documentation specified in subdivision (a)(2). The court may require additional evidence of compliance to determine if the provisions of this section have been met. The court has discretion to excuse compliance with this section only for extraordinary cause shown.
(c) When notice is given to a provider as provided in this section, the applicable statutes of limitations and repose shall be extended for a period of one hundred twenty (120) days from the date of expiration of the statute of limitations and statute of repose applicable to that provider. Personal service is effective on the date of that service. Service by mail is effective on the first day that service by mail is made in compliance with subdivision (a)(2)(B). In no event shall this section operate to shorten or otherwise extend the statutes of limitations or repose applicable to any action asserting a claim for health care liability, nor shall more than one (1) extension be applicable to any provider. Once a complaint is filed alleging a claim for health care liability, the notice provisions of this section shall not apply to any person or entity that is made a party to the action thereafter by amendment to the pleadings as a result of a defendant's alleging comparative fault.
(d) (1) All parties in an action covered by this section shall be entitled to obtain complete copies of the claimant's medical records from any other provider receiving notice. A party shall provide a copy of the specified portions of the claimant's medical records as of the date of the receipt of a legally authorized written request for the records within thirty (30) days thereafter. The claimant complies with this requirement by providing the providers with the authorized HIPAA compliant medical authorization required to accompany the notice. The provider may comply with this section by: (A) Mailing a copy of the requested portions of the records with a statement for the cost of duplication of the records to the individual requesting the records; (B) Informing the individual requesting the records that the records will be mailed only upon advance payment for the records for the stated cost of the records, calculated as provided in § 63-2-102 . Any request for advance payment must be made in writing twenty (20) days after the receipt of the request for medical records. The provider must send the records within three (3) business days after receipt of payment for the records; or (C) Fulfilling such other method that the provider and the individual requesting the records agree to in writing. (2) The records received by the parties shall be treated as confidential, to be used only by the parties, their counsel, and their consultants.
(1) All parties in an action covered by this section shall be entitled to obtain complete copies of the claimant's medical records from any other provider receiving notice. A party shall provide a copy of the specified portions of the claimant's medical records as of the date of the receipt of a legally authorized written request for the records within thirty (30) days thereafter. The claimant complies with this requirement by providing the providers with the authorized HIPAA compliant medical authorization required to accompany the notice. The provider may comply with this section by: (A) Mailing a copy of the requested portions of the records with a statement for the cost of duplication of the records to the individual requesting the records; (B) Informing the individual requesting the records that the records will be mailed only upon advance payment for the records for the stated cost of the records, calculated as provided in § 63-2-102 . Any request for advance payment must be made in writing twenty (20) days after the receipt of the request for medical records. The provider must send the records within three (3) business days after receipt of payment for the records; or (C) Fulfilling such other method that the provider and the individual requesting the records agree to in writing.
(A) Mailing a copy of the requested portions of the records with a statement for the cost of duplication of the records to the individual requesting the records;
(B) Informing the individual requesting the records that the records will be mailed only upon advance payment for the records for the stated cost of the records, calculated as provided in § 63-2-102 . Any request for advance payment must be made in writing twenty (20) days after the receipt of the request for medical records. The provider must send the records within three (3) business days after receipt of payment for the records; or
(C) Fulfilling such other method that the provider and the individual requesting the records agree to in writing.
(2) The records received by the parties shall be treated as confidential, to be used only by the parties, their counsel, and their consultants.
(e) In the event that a complaint is filed in good faith reliance on the extension of the statute of limitations or repose granted by this section and it is later determined that the claim is not a health care liability claim, the extension of the statute of limitations and repose granted by this section is still available to the plaintiff.
(f) (1) Upon the filing of any "healthcare liability action," as defined in § 29-26-101 , the named defendant or defendants may petition the court for a qualified protective order allowing the defendant or defendants and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant's counsel, with the relevant patient's treating "healthcare providers," as defined by § 29-26-101 . Such petition shall be granted under the following conditions: (A) The petition must identify the treating healthcare provider or providers for whom the defendant or defendants seek a qualified protective order to conduct an interview; (B) The claimant may file an objection seeking to limit or prohibit the defendant or defendants or the defendant's or defendants' counsel from conducting the interviews, which may be granted only upon good cause shown that a treating healthcare provider does not possess relevant information as defined by the Tennessee Rules of Civil Procedure; and (C) (i) The qualified protective order shall expressly limit the dissemination of any protected health information to the litigation pending before the court and require the defendant or defendants who conducted the interview to return to the healthcare provider or destroy any protected health information obtained in the course of any such interview, including all copies, at the end of the litigation; (ii) The qualified protective order shall expressly provide that participation in any such interview by a treating healthcare provider is voluntary. (2) Any healthcare provider's disclosure of relevant information in response to a court order under this section, including, but not limited to, protected health information, opinions as to the standard of care of any defendant, compliance with or breach of the standard, and causation of the alleged injury, shall be deemed a permissible disclosure under Tennessee law. (3) Nothing in this part shall be construed as restricting in any way the right of a defendant or defendant's counsel from conducting interviews outside the presence of claimant or claimant's counsel with the defendant's own present or former employees, partners, or owners concerning a healthcare liability action.
(1) Upon the filing of any "healthcare liability action," as defined in § 29-26-101 , the named defendant or defendants may petition the court for a qualified protective order allowing the defendant or defendants and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant's counsel, with the relevant patient's treating "healthcare providers," as defined by § 29-26-101 . Such petition shall be granted under the following conditions: (A) The petition must identify the treating healthcare provider or providers for whom the defendant or defendants seek a qualified protective order to conduct an interview; (B) The claimant may file an objection seeking to limit or prohibit the defendant or defendants or the defendant's or defendants' counsel from conducting the interviews, which may be granted only upon good cause shown that a treating healthcare provider does not possess relevant information as defined by the Tennessee Rules of Civil Procedure; and (C) (i) The qualified protective order shall expressly limit the dissemination of any protected health information to the litigation pending before the court and require the defendant or defendants who conducted the interview to return to the healthcare provider or destroy any protected health information obtained in the course of any such interview, including all copies, at the end of the litigation; (ii) The qualified protective order shall expressly provide that participation in any such interview by a treating healthcare provider is voluntary.
(A) The petition must identify the treating healthcare provider or providers for whom the defendant or defendants seek a qualified protective order to conduct an interview;
(B) The claimant may file an objection seeking to limit or prohibit the defendant or defendants or the defendant's or defendants' counsel from conducting the interviews, which may be granted only upon good cause shown that a treating healthcare provider does not possess relevant information as defined by the Tennessee Rules of Civil Procedure; and
(C) (i) The qualified protective order shall expressly limit the dissemination of any protected health information to the litigation pending before the court and require the defendant or defendants who conducted the interview to return to the healthcare provider or destroy any protected health information obtained in the course of any such interview, including all copies, at the end of the litigation; (ii) The qualified protective order shall expressly provide that participation in any such interview by a treating healthcare provider is voluntary.
(i) The qualified protective order shall expressly limit the dissemination of any protected health information to the litigation pending before the court and require the defendant or defendants who conducted the interview to return to the healthcare provider or destroy any protected health information obtained in the course of any such interview, including all copies, at the end of the litigation;
(ii) The qualified protective order shall expressly provide that participation in any such interview by a treating healthcare provider is voluntary.
(2) Any healthcare provider's disclosure of relevant information in response to a court order under this section, including, but not limited to, protected health information, opinions as to the standard of care of any defendant, compliance with or breach of the standard, and causation of the alleged injury, shall be deemed a permissible disclosure under Tennessee law.
(3) Nothing in this part shall be construed as restricting in any way the right of a defendant or defendant's counsel from conducting interviews outside the presence of claimant or claimant's counsel with the defendant's own present or former employees, partners, or owners concerning a healthcare liability action.
Amended by 2015 Tenn. Acts, ch. 268, s 1, eff. 4/24/2015.
Amended by 2015 Tenn. Acts, ch. 254, s 3, eff. 4/24/2015.
Amended by 2013 Tenn. Acts, ch. 23, s 1, eff. 7/1/2013.
Acts 2008 , ch. 919, § 1; 2009 , ch. 425, § 1; 2012 , ch. 798, § 13; 2012 , ch. 926, § 1.
Tenn. Code Ann. § 29-6-138 — TN Code / Title 29 / Chapter 6 / Section 29-6-138
Collection of choses by officer
Status: in_force

In all cases where choses in action are attached, the officer levying the attachment may collect the same until the writ is returned, unless otherwise ordered. Code 1858, § 3502; Shan., § 5262; Code 1932, § 9453; T.C.A. (orig. ed.), § 23-638.
In all cases where choses in action are attached, the officer levying the attachment may collect the same until the writ is returned, unless otherwise ordered.
Code 1858, § 3502; Shan., § 5262; Code 1932, § 9453; T.C.A. (orig. ed.), § 23-638.
Tenn. Code Ann. § 29-18-122 — TN Code / Title 29 / Chapter 18 / Section 29-18-122
Fees
Status: in_force

(a) The general sessions judge is entitled to one dollar ($1.00) per day for trying cases of forcible entry and detainer, forcible detainer, or unlawful detainer. (b) The officer is entitled to two dollars and fifty cents ($2.50) for each defendant named in the original process, and one dollar ($1.00) for each witness summoned. (c) Each witness shall receive one dollar ($1.00) for each day's attendance. Code 1858, § 3365 (deriv. Acts 1849-1850, ch. 131, § 1); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5114; mod. Code 1932, § 9269; Acts 1957, ch. 22, § 6; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1623.
(a) The general sessions judge is entitled to one dollar ($1.00) per day for trying cases of forcible entry and detainer, forcible detainer, or unlawful detainer.
(b) The officer is entitled to two dollars and fifty cents ($2.50) for each defendant named in the original process, and one dollar ($1.00) for each witness summoned.
(c) Each witness shall receive one dollar ($1.00) for each day's attendance.
Code 1858, § 3365 (deriv. Acts 1849-1850, ch. 131, § 1); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5114; mod. Code 1932, § 9269; Acts 1957, ch. 22, § 6; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1623.
Tenn. Code Ann. § 29-27-309 — TN Code / Title 29 / Chapter 27 / Section 29-27-309
Considerations for partition in kind
Status: in_force

(a) In determining whether partition in kind would result in great prejudice to the cotenants as a group pursuant to § 29-27-308(a) , the court may consider the following: (1) Whether the heirs property practicably can be divided among the cotenants; (2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one (1) or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (7) Any other factor determined by the court to be relevant. (b) The court shall not consider one (1) factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) In determining whether partition in kind would result in great prejudice to the cotenants as a group pursuant to § 29-27-308(a) , the court may consider the following: (1) Whether the heirs property practicably can be divided among the cotenants; (2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur; (3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one (1) or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other; (4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant; (5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property; (6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and (7) Any other factor determined by the court to be relevant.
(1) Whether the heirs property practicably can be divided among the cotenants;
(2) Whether partition in kind would apportion the property in such a way that the aggregate fair market value of the parcels resulting from the division would be materially less than the value of the property if it were sold as a whole, taking into account the condition under which a court-ordered sale likely would occur;
(3) Evidence of the collective duration of ownership or possession of the property by a cotenant and one (1) or more predecessors in title or predecessors in possession to the cotenant who are or were relatives of the cotenant or each other;
(4) A cotenant's sentimental attachment to the property, including any attachment arising because the property has ancestral or other unique or special value to the cotenant;
(5) The lawful use being made of the property by a cotenant and the degree to which the cotenant would be harmed if the cotenant could not continue the same use of the property;
(6) The degree to which the cotenants have contributed their pro rata share of the property taxes, insurance, and other expenses associated with maintaining ownership of the property or have contributed to the physical improvement, maintenance, or upkeep of the property; and
(7) Any other factor determined by the court to be relevant.
(b) The court shall not consider one (1) factor in subsection (a) to be dispositive without weighing the totality of all relevant factors and circumstances.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-27-205 — TN Code / Title 29 / Chapter 27 / Section 29-27-205
Answer asking sale
Status: in_force

Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division. Code 1858, § 3297; Shan., § 5046; Code 1932, § 9201; T.C.A. (orig. ed.), § 23-2132.
Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division.
Code 1858, § 3297; Shan., § 5046; Code 1932, § 9201; T.C.A. (orig. ed.), § 23-2132.
Tenn. Code Ann. § 29-5-205 — TN Code / Title 29 / Chapter 5 / Section 29-5-205
Majority of arbitrators exercise powers
Status: in_force

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this part. Acts 1977, ch. 159, § 1; T.C.A., § 23-529.
The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this part.
Acts 1977, ch. 159, § 1; T.C.A., § 23-529.
Tenn. Code Ann. § 29-7-102 — TN Code / Title 29 / Chapter 7 / Section 29-7-102
Wages earned and payable outside state
Status: in_force

Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process. Acts 1903, ch. 590, § 1; Shan., § 5238a1; Code 1932, § 9429; T.C.A. (orig. ed.), § 23-702.
Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process.
Acts 1903, ch. 590, § 1; Shan., § 5238a1; Code 1932, § 9429; T.C.A. (orig. ed.), § 23-702.
Tenn. Code Ann. § 29-18-126 — TN Code / Title 29 / Chapter 18 / Section 29-18-126
Delay before execution
Status: in_force

No execution or writ of possession shall issue against the defendant upon any judgment, under this chapter, until after the lapse of ten (10) days from the rendition of the judgment. Code 1858, § 3361 (deriv. Acts 1841-1842, ch. 186, §§ 4, 6; 1849-1850, ch. 131, § 3); Shan., § 5109; Code 1932, § 9264; Acts 1963, ch. 115, § 1; T.C.A. (orig. ed.), § 23-1628.
No execution or writ of possession shall issue against the defendant upon any judgment, under this chapter, until after the lapse of ten (10) days from the rendition of the judgment.
Code 1858, § 3361 (deriv. Acts 1841-1842, ch. 186, §§ 4, 6; 1849-1850, ch. 131, § 3); Shan., § 5109; Code 1932, § 9264; Acts 1963, ch. 115, § 1; T.C.A. (orig. ed.), § 23-1628.
Tenn. Code Ann. § 29-27-211 — TN Code / Title 29 / Chapter 27 / Section 29-27-211
Unencumbered shares unaffected
Status: in_force

The proceedings to ascertain and settle the amount of encumbrances, as provided in §§ 29-27-209 - 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there appears to be no encumbrance. Code 1858, § 3313; Shan., § 5062; Code 1932, § 9217; T.C.A. (orig. ed.), § 23-2141.
The proceedings to ascertain and settle the amount of encumbrances, as provided in §§ 29-27-209 - 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there appears to be no encumbrance.
Code 1858, § 3313; Shan., § 5062; Code 1932, § 9217; T.C.A. (orig. ed.), § 23-2141.
Tenn. Code Ann. § 29-27-101 — TN Code / Title 29 / Chapter 27 / Section 29-27-101
Persons entitled
Status: in_force

Any person having an estate of inheritance, or for life, or for years, in lands, and holding or being in possession thereof, as tenant in common or otherwise, with others, is entitled to partition thereof, or sale for partition, under this chapter. Code 1858, § 3262 (deriv. Acts 1787, ch. 17, § 1; 1789, ch. 24, § 1; 1799, ch. 11, § 1; 1815, ch. 123, § 1; 1853-1854, ch. 48, § 1); Shan., § 5010; Code 1932, § 9165; T.C.A. (orig. ed.), § 23-2101.
Any person having an estate of inheritance, or for life, or for years, in lands, and holding or being in possession thereof, as tenant in common or otherwise, with others, is entitled to partition thereof, or sale for partition, under this chapter.
Code 1858, § 3262 (deriv. Acts 1787, ch. 17, § 1; 1789, ch. 24, § 1; 1799, ch. 11, § 1; 1815, ch. 123, § 1; 1853-1854, ch. 48, § 1); Shan., § 5010; Code 1932, § 9165; T.C.A. (orig. ed.), § 23-2101.
Tenn. Code Ann. § 29-6-127 — TN Code / Title 29 / Chapter 6 / Section 29-6-127
Return of ancillary attachment
Status: in_force

Attachments sued out in aid of a suit already brought shall be made returnable to the court before whom the suit is pending. Code 1858, § 3462; Shan., § 5220; Code 1932, § 9407; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-627.
Attachments sued out in aid of a suit already brought shall be made returnable to the court before whom the suit is pending.
Code 1858, § 3462; Shan., § 5220; Code 1932, § 9407; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-627.
Tenn. Code Ann. § 29-27-121 — TN Code / Title 29 / Chapter 27 / Section 29-27-121
Attorneys' fees
Status: in_force

The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind. Acts 1887, ch. 183; Shan., § 5035; Code 1932, § 9190; T.C.A. (orig. ed.), § 23-2125.
The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind.
Acts 1887, ch. 183; Shan., § 5035; Code 1932, § 9190; T.C.A. (orig. ed.), § 23-2125.
Tenn. Code Ann. § 29-29-105 — TN Code / Title 29 / Chapter 29 / Section 29-29-105
Effect of decree - Jurisdiction in personam - Testamentary contingent remainders
Status: in_force

(a) After the appointment of a guardian ad litem or next friend, the court may proceed as though the parties defendant were in being and actually served with process. (b) Such suit shall be deemed to be a proceeding in rem against the land, and a decree establishing or declaring the validity, nature, or extent of complainant's title or interest, shall operate directly on the land and shall have the force of a release made by or on behalf of all parties defendant of all claims inconsistent with the title established thereby. (c) Nothing herein contained shall prevent the court from also exercising its ordinary jurisdiction in personam against parties defendant who have been actually served with process, and who are personally amenable to its decree. (d) Nothing in this chapter shall be construed to affect any contingent remainder created by any will or devise of any deceased person. Acts 1919, ch. 13, § 5; Shan. Supp., § 5009a5; Code 1932, §9164; T.C.A. (orig. ed.), § 23-2205.
(a) After the appointment of a guardian ad litem or next friend, the court may proceed as though the parties defendant were in being and actually served with process.
(b) Such suit shall be deemed to be a proceeding in rem against the land, and a decree establishing or declaring the validity, nature, or extent of complainant's title or interest, shall operate directly on the land and shall have the force of a release made by or on behalf of all parties defendant of all claims inconsistent with the title established thereby.
(c) Nothing herein contained shall prevent the court from also exercising its ordinary jurisdiction in personam against parties defendant who have been actually served with process, and who are personally amenable to its decree.
(d) Nothing in this chapter shall be construed to affect any contingent remainder created by any will or devise of any deceased person.
Acts 1919, ch. 13, § 5; Shan. Supp., § 5009a5; Code 1932, §9164; T.C.A. (orig. ed.), § 23-2205.
Tenn. Code Ann. § 29-6-125 — TN Code / Title 29 / Chapter 6 / Section 29-6-125
Alias writs
Status: in_force

Alias writs of attachment or new writs of garnishment may issue without new bond or affidavit, when no property has been found, or not sufficient to satisfy the debt, or when, pending the suit, the plaintiff wishes to garnishee other persons. Code 1858, § 3517; Shan., § 5277; Code 1932, § 9468; T.C.A. (orig. ed.), § 23-625.
Alias writs of attachment or new writs of garnishment may issue without new bond or affidavit, when no property has been found, or not sufficient to satisfy the debt, or when, pending the suit, the plaintiff wishes to garnishee other persons.
Code 1858, § 3517; Shan., § 5277; Code 1932, § 9468; T.C.A. (orig. ed.), § 23-625.
Tenn. Code Ann. § 29-13-107 — TN Code / Title 29 / Chapter 13 / Section 29-13-107
Standards for determining amount of compensation - Uniform application of chapter
Status: in_force

For purposes of determining the amount of compensation to be awarded under § 29-13-106 , the following standards shall be utilized in order to ensure the uniform application of this chapter: (1) Any award made for permanent partial or permanent total disabilities proximately caused by a violent crime is to be based upon those schedules of compensation allowable by the workers' compensation statutes, found in § 50-6-207 , in effect at the time of the commission of the act giving rise to such claim, for disabilities of a similar nature; provided, however, that the sixty-six and two-thirds percent (662/3%) rate prescribed in the workers' compensation statutes shall not be used in determining the amount of any award hereunder. Instead, such rate shall be eighty-five percent (85%) of the claimant's average weekly wage. Any award made for lost wages proximately caused by a violent crime is to be based upon those schedules of compensation for temporary total disability allowable by the workers' compensation statutes, found in § 50-6-207 , in effect at the time of the commission of the crime giving rise to such claim; provided, however, that the sixty-six and two-thirds percent (662/3%) rate prescribed in the workers' compensation statutes shall not be used in determining the amount of any award hereunder. Instead, such rate shall be eighty-five percent (85%) of the claimant's average weekly wage. The board of claims is authorized to adopt such other standard as is required by federal law or regulation in order to qualify for matching federal funds under the Victims of Crime Act of 1984 ( 42 U.S.C. § 10601 et seq.), if the board of claims determines that the federally required standard is both reasonable and in the financial interest of the criminal injuries program; (2) Excepting claims for disabilities, death, or pain and suffering where the commission of a sexually-oriented crime is involved, awards are to be payable only for those pecuniary losses actually and reasonably incurred as the result of personal injuries received through the commission of a violent crime; (3) Any award based on the pain and suffering experienced by a claimant victimized by a sexually-oriented crime is to be made in an amount deemed necessary and appropriate, not to exceed three thousand dollars ($3,000), taking into account the particular circumstances involved in such crime; (4) Any award made for funeral and burial expenses shall not exceed six thousand dollars ($6,000); (5) Any award made for expenses under § 29-13-106(a)(4) shall not exceed three thousand dollars ($3,000); (6) Any award made for mental health counseling or treatment pursuant to § 29-13-105(a)(3), (a)(6) or (a)(7) shall be made in an amount deemed necessary and appropriate, not to exceed three thousand five hundred dollars ($3,500); and (7) Except as otherwise provided in subdivision (6), any award made for medical or medical-related expenses, including, but not limited to, dental, chiropractic, hospital, physical therapy and nursing services, shall be made in an amount of seventy-five percent (75%) of the billed charges if there exists a sufficient amount left in the maximum award rate stipulated in § 29-13-106(e) . If an insufficient amount exists in the maximum award rate to pay seventy-five percent (75%) of the billed charges, the billed charges shall be reduced to the amount remaining to bring the total compensation awarded on account of the criminal act to the maximum rate specified in § 29-13-106(e) . Any medical provider or hospital that accepts payment under this part for medical or medical-related expenses or services shall accept the payment as payment in full and shall not bill any balance of those expenses to the victim or the claimant if the total payments made under this part to any such provider or hospital equal seventy-five percent (75%) of the billed charges. This subdivision (7) does not prohibit the medical provider or hospital from seeking reimbursement from the victim or the claimant for the difference, if any, between seventy-five percent (75%) of the billed charges and the amount paid by the division under this subdivision (7). This subdivision (7) does not apply to reimbursements for forensic medical examinations provided under § 29-13-118 . Reimbursements for forensic medical examinations are governed by § 29-13-118 . Acts 1976, ch. 736, § 7; 1979, ch. 331, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A., §§ 23-3507, 23-35-107; Acts 1981, ch. 163, § 5; 1984, ch. 752, § 2; 1985, ch. 278, § 5; 1986, ch. 834, § 3; 1986, ch. 911, § 3; 1988, ch. 776, § 4; 1989, ch. 129, § 10; 1990, ch. 755, §§ 9, 10; 1999, ch. 271, §§ 4 - 6; 2002, ch. 869, §§ 10, 11; 2004, ch. 918, § 4; 2008 , ch. 1043, § 4.
For purposes of determining the amount of compensation to be awarded under § 29-13-106 , the following standards shall be utilized in order to ensure the uniform application of this chapter:
(1) Any award made for permanent partial or permanent total disabilities proximately caused by a violent crime is to be based upon those schedules of compensation allowable by the workers' compensation statutes, found in § 50-6-207 , in effect at the time of the commission of the act giving rise to such claim, for disabilities of a similar nature; provided, however, that the sixty-six and two-thirds percent (662/3%) rate prescribed in the workers' compensation statutes shall not be used in determining the amount of any award hereunder. Instead, such rate shall be eighty-five percent (85%) of the claimant's average weekly wage. Any award made for lost wages proximately caused by a violent crime is to be based upon those schedules of compensation for temporary total disability allowable by the workers' compensation statutes, found in § 50-6-207 , in effect at the time of the commission of the crime giving rise to such claim; provided, however, that the sixty-six and two-thirds percent (662/3%) rate prescribed in the workers' compensation statutes shall not be used in determining the amount of any award hereunder. Instead, such rate shall be eighty-five percent (85%) of the claimant's average weekly wage. The board of claims is authorized to adopt such other standard as is required by federal law or regulation in order to qualify for matching federal funds under the Victims of Crime Act of 1984 ( 42 U.S.C. § 10601 et seq.), if the board of claims determines that the federally required standard is both reasonable and in the financial interest of the criminal injuries program;
(2) Excepting claims for disabilities, death, or pain and suffering where the commission of a sexually-oriented crime is involved, awards are to be payable only for those pecuniary losses actually and reasonably incurred as the result of personal injuries received through the commission of a violent crime;
(3) Any award based on the pain and suffering experienced by a claimant victimized by a sexually-oriented crime is to be made in an amount deemed necessary and appropriate, not to exceed three thousand dollars ($3,000), taking into account the particular circumstances involved in such crime;
(4) Any award made for funeral and burial expenses shall not exceed six thousand dollars ($6,000);
(5) Any award made for expenses under § 29-13-106(a)(4) shall not exceed three thousand dollars ($3,000);
(6) Any award made for mental health counseling or treatment pursuant to § 29-13-105(a)(3), (a)(6) or (a)(7) shall be made in an amount deemed necessary and appropriate, not to exceed three thousand five hundred dollars ($3,500); and
(7) Except as otherwise provided in subdivision (6), any award made for medical or medical-related expenses, including, but not limited to, dental, chiropractic, hospital, physical therapy and nursing services, shall be made in an amount of seventy-five percent (75%) of the billed charges if there exists a sufficient amount left in the maximum award rate stipulated in § 29-13-106(e) . If an insufficient amount exists in the maximum award rate to pay seventy-five percent (75%) of the billed charges, the billed charges shall be reduced to the amount remaining to bring the total compensation awarded on account of the criminal act to the maximum rate specified in § 29-13-106(e) . Any medical provider or hospital that accepts payment under this part for medical or medical-related expenses or services shall accept the payment as payment in full and shall not bill any balance of those expenses to the victim or the claimant if the total payments made under this part to any such provider or hospital equal seventy-five percent (75%) of the billed charges. This subdivision (7) does not prohibit the medical provider or hospital from seeking reimbursement from the victim or the claimant for the difference, if any, between seventy-five percent (75%) of the billed charges and the amount paid by the division under this subdivision (7). This subdivision (7) does not apply to reimbursements for forensic medical examinations provided under § 29-13-118 . Reimbursements for forensic medical examinations are governed by § 29-13-118 .
Acts 1976, ch. 736, § 7; 1979, ch. 331, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A., §§ 23-3507, 23-35-107; Acts 1981, ch. 163, § 5; 1984, ch. 752, § 2; 1985, ch. 278, § 5; 1986, ch. 834, § 3; 1986, ch. 911, § 3; 1988, ch. 776, § 4; 1989, ch. 129, § 10; 1990, ch. 755, §§ 9, 10; 1999, ch. 271, §§ 4 - 6; 2002, ch. 869, §§ 10, 11; 2004, ch. 918, § 4; 2008 , ch. 1043, § 4.
Tenn. Code Ann. § 29-40-117 — TN Code / Title 29 / Chapter 40 / Section 29-40-117
Executory contract
Status: in_force

(a) As used in this section, "timeshare interest" means an interest having a duration of more than three (3) years that grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during any given year. (b) Except as otherwise provided in subsection (h), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver's adoption and continued performance of the contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract within a reasonable time after the receiver's appointment, the receiver is deemed to have rejected the contract. (c) A receiver's performance of an executory contract before court approval under subsection (b) of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract. (d) A provision in an executory contract that requires or permits a forfeiture, modification, or termination of the executory contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver's power under subsection (b) to adopt the executory contract. (e) A receiver's right to possess or use receivership property pursuant to an executory contract terminates on rejection of the executory contract under subsection (b). Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of: (1) The time set for submitting a claim in the receivership; or (2) Thirty (30) days after the court approves the rejection. (f) If at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under the law of this state, other than this chapter, the receiver may assign the executory contract with court approval. (g) If a receiver rejects under subsection (b) an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real property timeshare interest, the purchaser may: (1) Treat the rejection as a termination of the executory contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid; or (2) Retain the purchaser's right to possession under the executory contract, and in that case the purchaser shall continue to perform all obligations arising under the executory contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages. (h) A receiver may not reject an unexpired lease of real property under which the owner is the landlord if: (1) The tenant occupies the leased premises as the tenant's primary residence; (2) The receiver was appointed at the request of a person other than a mortgagee; or (3) The receiver was appointed at the request of a mortgagee and: (A) The lease is superior to the lien of the mortgage; (B) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant's occupancy will not be disturbed as long as the tenant performs the tenant's obligations under the lease; (C) The mortgagee has consented to the lease, either in a signed record or by the mortgagee's failure to timely object that the lease violated the mortgage; or (D) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) As used in this section, "timeshare interest" means an interest having a duration of more than three (3) years that grants its holder the right to use and occupy an accommodation, facility, or recreational site, whether improved or not, for a specific period less than a full year during any given year.
(b) Except as otherwise provided in subsection (h), with court approval, a receiver may adopt or reject an executory contract of the owner relating to receivership property. The court may condition the receiver's adoption and continued performance of the contract on terms appropriate under the circumstances. If the receiver does not request court approval to adopt or reject the contract within a reasonable time after the receiver's appointment, the receiver is deemed to have rejected the contract.
(c) A receiver's performance of an executory contract before court approval under subsection (b) of its adoption or rejection is not an adoption of the contract and does not preclude the receiver from seeking approval to reject the contract.
(d) A provision in an executory contract that requires or permits a forfeiture, modification, or termination of the executory contract because of the appointment of a receiver or the financial condition of the owner does not affect a receiver's power under subsection (b) to adopt the executory contract.
(e) A receiver's right to possess or use receivership property pursuant to an executory contract terminates on rejection of the executory contract under subsection (b). Rejection is a breach of the contract effective immediately before appointment of the receiver. A claim for damages for rejection of the contract must be submitted by the later of: (1) The time set for submitting a claim in the receivership; or (2) Thirty (30) days after the court approves the rejection.
(1) The time set for submitting a claim in the receivership; or
(2) Thirty (30) days after the court approves the rejection.
(f) If at the time a receiver is appointed, the owner has the right to assign an executory contract relating to receivership property under the law of this state, other than this chapter, the receiver may assign the executory contract with court approval.
(g) If a receiver rejects under subsection (b) an executory contract for the sale of receivership property that is real property in possession of the purchaser or a real property timeshare interest, the purchaser may: (1) Treat the rejection as a termination of the executory contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid; or (2) Retain the purchaser's right to possession under the executory contract, and in that case the purchaser shall continue to perform all obligations arising under the executory contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.
(1) Treat the rejection as a termination of the executory contract, and in that case the purchaser has a lien on the property for the recovery of any part of the purchase price the purchaser paid; or
(2) Retain the purchaser's right to possession under the executory contract, and in that case the purchaser shall continue to perform all obligations arising under the executory contract and may offset any damages caused by nonperformance of an obligation of the owner after the date of the rejection, but the purchaser has no right or claim against other receivership property or the receiver on account of the damages.
(h) A receiver may not reject an unexpired lease of real property under which the owner is the landlord if: (1) The tenant occupies the leased premises as the tenant's primary residence; (2) The receiver was appointed at the request of a person other than a mortgagee; or (3) The receiver was appointed at the request of a mortgagee and: (A) The lease is superior to the lien of the mortgage; (B) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant's occupancy will not be disturbed as long as the tenant performs the tenant's obligations under the lease; (C) The mortgagee has consented to the lease, either in a signed record or by the mortgagee's failure to timely object that the lease violated the mortgage; or (D) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.
(1) The tenant occupies the leased premises as the tenant's primary residence;
(2) The receiver was appointed at the request of a person other than a mortgagee; or
(3) The receiver was appointed at the request of a mortgagee and: (A) The lease is superior to the lien of the mortgage; (B) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant's occupancy will not be disturbed as long as the tenant performs the tenant's obligations under the lease; (C) The mortgagee has consented to the lease, either in a signed record or by the mortgagee's failure to timely object that the lease violated the mortgage; or (D) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.
(A) The lease is superior to the lien of the mortgage;
(B) The tenant has an enforceable agreement with the mortgagee or the holder of a senior lien under which the tenant's occupancy will not be disturbed as long as the tenant performs the tenant's obligations under the lease;
(C) The mortgagee has consented to the lease, either in a signed record or by the mortgagee's failure to timely object that the lease violated the mortgage; or
(D) The terms of the lease were commercially reasonable at the time the lease was agreed to and the tenant did not know or have reason to know that the lease violated the mortgage.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-32-105 — TN Code / Title 29 / Chapter 32 / Section 29-32-105
Fraudulent endorsement
Status: in_force

If such clerk falsely and fraudulently endorse the name of any person on a writ of scire facias by such clerk issued, under the foregoing provisions, such clerk commits a Class C misdemeanor and is liable to an action for damages at the suit of such person. Code 1858, § 3581 (deriv. Acts 1833, ch. 18, § 4); Shan., § 5345; Code 1932, § 9505; T.C.A. (orig. ed.), § 23-2505; Acts 1989, ch. 591, § 113.
If such clerk falsely and fraudulently endorse the name of any person on a writ of scire facias by such clerk issued, under the foregoing provisions, such clerk commits a Class C misdemeanor and is liable to an action for damages at the suit of such person.
Code 1858, § 3581 (deriv. Acts 1833, ch. 18, § 4); Shan., § 5345; Code 1932, § 9505; T.C.A. (orig. ed.), § 23-2505; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-27-202 — TN Code / Title 29 / Chapter 27 / Section 29-27-202
Application for sale
Status: in_force

The application for a sale of the premises is made by bill or petition, under the same rules and regulations that govern the application for partition. Code 1858, § 3294; Shan., § 5043; Code 1932, § 9198; T.C.A. (orig. ed.), § 23-2129.
The application for a sale of the premises is made by bill or petition, under the same rules and regulations that govern the application for partition.
Code 1858, § 3294; Shan., § 5043; Code 1932, § 9198; T.C.A. (orig. ed.), § 23-2129.
Tenn. Code Ann. § 29-13-409 — TN Code / Title 29 / Chapter 13 / Section 29-13-409
Failure by defendant to establish claim for return of funds
Status: in_force

Upon a showing by the defendant that three (3) years have passed since the date the escrow account was established, and that all civil judgments against the defendant have been satisfied, all remaining funds from the escrow account shall be paid to the defendant. If the defendant fails to make such a showing within six (6) months after the expiration of the limitation period, the attorney general and reporter shall turn over the remaining moneys in the escrow account to the criminal injuries compensation fund established by § 29-13-101 . Acts 1994, ch. 1003, § 9.
Upon a showing by the defendant that three (3) years have passed since the date the escrow account was established, and that all civil judgments against the defendant have been satisfied, all remaining funds from the escrow account shall be paid to the defendant. If the defendant fails to make such a showing within six (6) months after the expiration of the limitation period, the attorney general and reporter shall turn over the remaining moneys in the escrow account to the criminal injuries compensation fund established by § 29-13-101 .
Acts 1994, ch. 1003, § 9.
Tenn. Code Ann. § 29-5-201 — TN Code / Title 29 / Chapter 5 / Section 29-5-201
Short title
Status: in_force

This part shall be known and may be cited as the "Cotton Arbitration Act." Acts 1977, ch. 159, § 1; T.C.A., § 23-525.
This part shall be known and may be cited as the "Cotton Arbitration Act."
Acts 1977, ch. 159, § 1; T.C.A., § 23-525.
Tenn. Code Ann. § 29-13-307 — TN Code / Title 29 / Chapter 13 / Section 29-13-307
Residence change
Status: in_force

(a) If the minor becomes a resident of another county in this state or becomes a resident of another state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the trust and to continue the terms of the trust as set forth herein. (b) Upon receipt and filing of an acceptance, the court shall transfer the funds and interest income of the trust to the accepting court. It shall also provide that court with certified copies of the petition and order setting up the trust, motions and orders to encroach, and any other information it considers of assistance to the accepting court in administering the trust. (c) Upon compliance with subsection (b), the jurisdiction of the transferring court over the trust is terminated. Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
(a) If the minor becomes a resident of another county in this state or becomes a resident of another state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the trust and to continue the terms of the trust as set forth herein.
(b) Upon receipt and filing of an acceptance, the court shall transfer the funds and interest income of the trust to the accepting court. It shall also provide that court with certified copies of the petition and order setting up the trust, motions and orders to encroach, and any other information it considers of assistance to the accepting court in administering the trust.
(c) Upon compliance with subsection (b), the jurisdiction of the transferring court over the trust is terminated.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
Tenn. Code Ann. § 29-5-213 — TN Code / Title 29 / Chapter 5 / Section 29-5-213
Vacation of award
Status: in_force

(a) Upon application of a party, the court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to § 29-5-206 , as to prejudice substantially the rights of a party; or (5) There was no arbitration agreement and the issue was not adversely determined in proceedings under § 29-5-203 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award. (b) An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known. (c) In vacating the award on grounds other than stated in subdivision (a)(5) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with § 29-5-204 , or, if the award is vacated on grounds set forth in subdivisions (a)(3) and (4), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 29-5-204 . The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order. (d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award. Acts 1977, ch. 159, § 1; T.C.A., § 23-537.
(a) Upon application of a party, the court shall vacate an award where: (1) The award was procured by corruption, fraud or other undue means; (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to § 29-5-206 , as to prejudice substantially the rights of a party; or (5) There was no arbitration agreement and the issue was not adversely determined in proceedings under § 29-5-203 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(1) The award was procured by corruption, fraud or other undue means;
(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
(3) The arbitrators exceeded their powers;
(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to § 29-5-206 , as to prejudice substantially the rights of a party; or
(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under § 29-5-203 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
(b) An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.
(c) In vacating the award on grounds other than stated in subdivision (a)(5) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with § 29-5-204 , or, if the award is vacated on grounds set forth in subdivisions (a)(3) and (4), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 29-5-204 . The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
(d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Acts 1977, ch. 159, § 1; T.C.A., § 23-537.
Tenn. Code Ann. § 29-34-309 — TN Code / Title 29 / Chapter 34 / Section 29-34-309
Application
Status: in_force

This part shall apply to all civil actions that allege a silica or mixed dust disease claim that are filed on or after July 1, 2006. Acts 2006, ch. 728, § 10.
This part shall apply to all civil actions that allege a silica or mixed dust disease claim that are filed on or after July 1, 2006.
Acts 2006, ch. 728, § 10.
Tenn. Code Ann. § 29-27-307 — TN Code / Title 29 / Chapter 27 / Section 29-27-307
Cotenant buyout
Status: in_force

(a) If any cotenant requested partition by sale, then the plaintiff shall send notice to the parties after the determination of value under § 29-27-306 that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenants that requested partition by sale. (b) No later than forty-five (45) days, or a time period as set in the court's discretion, after the notice is sent under subsection (a), any cotenant, except a cotenant that requested partition by sale, may file notice with the court and serve notice to all parties that the cotenant elects to buy all the interests of the cotenants that requested partition by sale. (c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under § 29-27-306 multiplied by the cotenant's fractional ownership of the entire parcel. (d) After expiration of the period in subsection (b), a party may move the court to set a hearing to determine the allocation of the interests, subject to the following rules: (1) If only one (1) cotenant elects to buy all the interests of the cotenants that requested partition by sale, then the court shall notify all the parties of that fact at the hearing; (2) If more than one (1) cotenant elects to buy all the interests of the cotenants that requested partition by sale, then the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant; and (3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, then, at the hearing, the court shall order the plaintiff to send notice to all the parties of that fact and resolve the partition action under § 29-27-308(a) and (b) . (e) If the notice is sent to the parties under subdivision (d)(1) or (d)(2), then the court shall set a date, no sooner than sixty (60) days after the date the notice was sent, by which electing cotenants must appear and pay their apportioned price to the court. At this hearing, the following rules apply: (1) If all electing cotenants appear before the court and timely pay their apportioned price into court, then the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to the amounts; (2) If no electing cotenant appears before the court and timely pays its apportioned price, then the court shall resolve the partition action under § 29-27-308(a) and (b) , as if the interests of the cotenants that requested partition by sale were not purchased; and (3) If one (1) or more but not all of the electing cotenants appears before the court and fails to pay their apportioned price on time, then the court shall order the plaintiff to give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all remaining interest. (f) At a hearing no later than twenty (20) days after the notice is given pursuant to subdivision (e)(3), or a time period as set in the court's discretion, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price to the court. At the hearing, the following rules apply: (1) If only one (1) cotenant pays the entire price for the remaining interest, then the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue an order reallocating the interests of all of the cotenants and disburse the amounts held by the court to the persons entitled to the amounts; (2) If no cotenant pays the entire price for the remaining interest, then the court shall resolve the partition action under § 29-27-308(a) and (b) , as if the interests of the cotenants that requested partition by sale were not purchased; and (3) If more than one (1) cotenant pays the entire price for the remaining interest, then the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue an order reallocating all of the cotenants' interests, disburse the amounts held by the court to the persons entitled to the amounts, and refund any excess payment held by the court. (g) No later than forty-five (45) days, or a time period as set in the court's discretion, after the notice is sent to the parties pursuant to subsection (a), any cotenant entitled to buy an interest under this section may move the court to set a hearing to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action. (h) If the court receives a timely motion under subsection (g), then the court, after a hearing, may deny the motion or authorize the requested additional sale on terms as the court determines are fair and reasonable, subject to the following limitations: (1) A sale authorized under this subsection (h) may occur only after the purchase prices for all interests subject to sale under subsections (a)-(f) have been paid to the court and those interests have been reallocated among the cotenants as provided in subsections (a)-(f); and (2) The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under § 29-27-306 . Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) If any cotenant requested partition by sale, then the plaintiff shall send notice to the parties after the determination of value under § 29-27-306 that any cotenant, except a cotenant that requested partition by sale, may buy all the interests of the cotenants that requested partition by sale.
(b) No later than forty-five (45) days, or a time period as set in the court's discretion, after the notice is sent under subsection (a), any cotenant, except a cotenant that requested partition by sale, may file notice with the court and serve notice to all parties that the cotenant elects to buy all the interests of the cotenants that requested partition by sale.
(c) The purchase price for each of the interests of a cotenant that requested partition by sale is the value of the entire parcel determined under § 29-27-306 multiplied by the cotenant's fractional ownership of the entire parcel.
(d) After expiration of the period in subsection (b), a party may move the court to set a hearing to determine the allocation of the interests, subject to the following rules: (1) If only one (1) cotenant elects to buy all the interests of the cotenants that requested partition by sale, then the court shall notify all the parties of that fact at the hearing; (2) If more than one (1) cotenant elects to buy all the interests of the cotenants that requested partition by sale, then the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant; and (3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, then, at the hearing, the court shall order the plaintiff to send notice to all the parties of that fact and resolve the partition action under § 29-27-308(a) and (b) .
(1) If only one (1) cotenant elects to buy all the interests of the cotenants that requested partition by sale, then the court shall notify all the parties of that fact at the hearing;
(2) If more than one (1) cotenant elects to buy all the interests of the cotenants that requested partition by sale, then the court shall allocate the right to buy those interests among the electing cotenants based on each electing cotenant's existing fractional ownership of the entire parcel divided by the total existing fractional ownership of all cotenants electing to buy and send notice to all the parties of that fact and of the price to be paid by each electing cotenant; and
(3) If no cotenant elects to buy all the interests of the cotenants that requested partition by sale, then, at the hearing, the court shall order the plaintiff to send notice to all the parties of that fact and resolve the partition action under § 29-27-308(a) and (b) .
(e) If the notice is sent to the parties under subdivision (d)(1) or (d)(2), then the court shall set a date, no sooner than sixty (60) days after the date the notice was sent, by which electing cotenants must appear and pay their apportioned price to the court. At this hearing, the following rules apply: (1) If all electing cotenants appear before the court and timely pay their apportioned price into court, then the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to the amounts; (2) If no electing cotenant appears before the court and timely pays its apportioned price, then the court shall resolve the partition action under § 29-27-308(a) and (b) , as if the interests of the cotenants that requested partition by sale were not purchased; and (3) If one (1) or more but not all of the electing cotenants appears before the court and fails to pay their apportioned price on time, then the court shall order the plaintiff to give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all remaining interest.
(1) If all electing cotenants appear before the court and timely pay their apportioned price into court, then the court shall issue an order reallocating all the interests of the cotenants and disburse the amounts held by the court to the persons entitled to the amounts;
(2) If no electing cotenant appears before the court and timely pays its apportioned price, then the court shall resolve the partition action under § 29-27-308(a) and (b) , as if the interests of the cotenants that requested partition by sale were not purchased; and
(3) If one (1) or more but not all of the electing cotenants appears before the court and fails to pay their apportioned price on time, then the court shall order the plaintiff to give notice to the electing cotenants that paid their apportioned price of the interest remaining and the price for all remaining interest.
(f) At a hearing no later than twenty (20) days after the notice is given pursuant to subdivision (e)(3), or a time period as set in the court's discretion, any cotenant that paid may elect to purchase all of the remaining interest by paying the entire price to the court. At the hearing, the following rules apply: (1) If only one (1) cotenant pays the entire price for the remaining interest, then the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue an order reallocating the interests of all of the cotenants and disburse the amounts held by the court to the persons entitled to the amounts; (2) If no cotenant pays the entire price for the remaining interest, then the court shall resolve the partition action under § 29-27-308(a) and (b) , as if the interests of the cotenants that requested partition by sale were not purchased; and (3) If more than one (1) cotenant pays the entire price for the remaining interest, then the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue an order reallocating all of the cotenants' interests, disburse the amounts held by the court to the persons entitled to the amounts, and refund any excess payment held by the court.
(1) If only one (1) cotenant pays the entire price for the remaining interest, then the court shall issue an order reallocating the remaining interest to that cotenant. The court shall issue an order reallocating the interests of all of the cotenants and disburse the amounts held by the court to the persons entitled to the amounts;
(2) If no cotenant pays the entire price for the remaining interest, then the court shall resolve the partition action under § 29-27-308(a) and (b) , as if the interests of the cotenants that requested partition by sale were not purchased; and
(3) If more than one (1) cotenant pays the entire price for the remaining interest, then the court shall reapportion the remaining interest among those paying cotenants, based on each paying cotenant's original fractional ownership of the entire parcel divided by the total original fractional ownership of all cotenants that paid the entire price for the remaining interest. The court shall issue an order reallocating all of the cotenants' interests, disburse the amounts held by the court to the persons entitled to the amounts, and refund any excess payment held by the court.
(g) No later than forty-five (45) days, or a time period as set in the court's discretion, after the notice is sent to the parties pursuant to subsection (a), any cotenant entitled to buy an interest under this section may move the court to set a hearing to authorize the sale as part of the pending action of the interests of cotenants named as defendants and served with the complaint but that did not appear in the action.
(h) If the court receives a timely motion under subsection (g), then the court, after a hearing, may deny the motion or authorize the requested additional sale on terms as the court determines are fair and reasonable, subject to the following limitations: (1) A sale authorized under this subsection (h) may occur only after the purchase prices for all interests subject to sale under subsections (a)-(f) have been paid to the court and those interests have been reallocated among the cotenants as provided in subsections (a)-(f); and (2) The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under § 29-27-306 .
(1) A sale authorized under this subsection (h) may occur only after the purchase prices for all interests subject to sale under subsections (a)-(f) have been paid to the court and those interests have been reallocated among the cotenants as provided in subsections (a)-(f); and
(2) The purchase price for the interest of a nonappearing cotenant is based on the court's determination of value under § 29-27-306 .
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-5-316 — TN Code / Title 29 / Chapter 5 / Section 29-5-316
Arbitration process
Status: in_force

(a) An arbitrator may conduct an arbitration in the manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of evidence. (b) An arbitrator may decide a request for summary disposition of a claim or particular issue: (1) If all interested parties agree; or (2) Upon request of one (1) party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond. (c) If an arbitrator orders a hearing, then the arbitrator must set a time and place and give notice of the hearing no less than five (5) days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice no later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award, unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced, although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision. (d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. (e) If an arbitrator ceases or is unable to act during the arbitration proceeding, then a replacement arbitrator must be appointed in accordance with § 29-5-312 to continue the proceeding and to resolve the controversy. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) An arbitrator may conduct an arbitration in the manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of evidence.
(b) An arbitrator may decide a request for summary disposition of a claim or particular issue: (1) If all interested parties agree; or (2) Upon request of one (1) party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
(1) If all interested parties agree; or
(2) Upon request of one (1) party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
(c) If an arbitrator orders a hearing, then the arbitrator must set a time and place and give notice of the hearing no less than five (5) days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice no later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award, unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced, although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, then a replacement arbitrator must be appointed in accordance with § 29-5-312 to continue the proceeding and to resolve the controversy.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-22-105 — TN Code / Title 29 / Chapter 22 / Section 29-22-105
Release of lien - Fee
Status: in_force

(a) To release a perfected lien as described under this chapter, the operator of the hospital to whom the lien has been duly paid shall execute a certificate to the effect that the claim filed by such hospital for treatment, care and maintenance therein has been duly paid or discharged and authorizing the clerk in whose office the notice of hospital lien has been filed, to release the same, such release to be at the expense of the hospital. (b) The clerk shall thereupon enter upon the margin of the hospital lien book in which the lien has been entered, a memorandum of such filing and the date when such certificate of payment or discharge was filed in the clerk's office, which certificate and entry shall constitute a release of lien, for which the clerk shall receive the sum of two dollars ($2.00). Acts 1970, ch. 527, § 5; T.C.A., § 23-3205; Acts 1988, ch. 666, § 2.
(a) To release a perfected lien as described under this chapter, the operator of the hospital to whom the lien has been duly paid shall execute a certificate to the effect that the claim filed by such hospital for treatment, care and maintenance therein has been duly paid or discharged and authorizing the clerk in whose office the notice of hospital lien has been filed, to release the same, such release to be at the expense of the hospital.
(b) The clerk shall thereupon enter upon the margin of the hospital lien book in which the lien has been entered, a memorandum of such filing and the date when such certificate of payment or discharge was filed in the clerk's office, which certificate and entry shall constitute a release of lien, for which the clerk shall receive the sum of two dollars ($2.00).
Acts 1970, ch. 527, § 5; T.C.A., § 23-3205; Acts 1988, ch. 666, § 2.