Tenn. Code Ann. § 29-17-914 — TN Code / Title 29 / Chapter 17 / Section 29-17-914
Provisions supplemental
Status: in_force

This part is not intended to repeal any existing statute relating to eminent domain, but is intended to be an accumulative or supplementary method of acquiring property by eminent domain proceedings. Acts 1959, ch. 216, § 14; T.C.A., § 23-1541; T.C.A. § 29-17-814; Acts 2006, ch. 863, § 1.
This part is not intended to repeal any existing statute relating to eminent domain, but is intended to be an accumulative or supplementary method of acquiring property by eminent domain proceedings.
Acts 1959, ch. 216, § 14; T.C.A., § 23-1541; T.C.A. § 29-17-814; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-6-131 — TN Code / Title 29 / Chapter 6 / Section 29-6-131
Execution by constables
Status: in_force

(a) Constables may execute attachments returnable before general sessions judges, and in cases where the defendant is about to abscond or remove. (b) This chapter and chapter 7 of this title in relation to the duties of attaching officers embrace constables whenever they are authorized to serve attachments. Code 1858, § 3496 (deriv. Acts 1799, ch. 25, § 1); Shan., § 5256; Code 1932, § 9447; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-631.
(a) Constables may execute attachments returnable before general sessions judges, and in cases where the defendant is about to abscond or remove.
(b) This chapter and chapter 7 of this title in relation to the duties of attaching officers embrace constables whenever they are authorized to serve attachments.
Code 1858, § 3496 (deriv. Acts 1799, ch. 25, § 1); Shan., § 5256; Code 1932, § 9447; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-631.
Tenn. Code Ann. § 29-27-306 — TN Code / Title 29 / Chapter 27 / Section 29-27-306
Determination of value
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, then the court may consider the county's tax appraised value. If an objection to the tax appraisal is filed by a party within thirty (30) days of receipt of the appraisal, then the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d). (b) If all cotenants have agreed to the value of the property or to another method of valuation, then the court shall adopt that value or the value produced by the agreed method of valuation. (c) If the court determines that the evidentiary value of an independent appraisal is outweighed by the cost of the appraisal, then the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value. (d) If the court orders an appraisal, then the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property, assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court. (e) If an appraisal is conducted pursuant to subsection (d), then the plaintiff shall send notice to each party with a known address no later than ten (10) days after the appraisal is filed, stating: (1) The appraised fair market value of the property; (2) That the appraisal is available at the clerk's office; and (3) That a party may file with the court an objection to the appraisal no later than thirty (30) days after the notice is sent, stating the grounds for the objection. (f) If an appraisal is filed with the court pursuant to subsection (d), then upon motion of a party, the court shall conduct a hearing to determine the fair market value of the property no sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e), regardless if an objection to the appraisal is filed under subdivision (e)(3). In addition to the court-ordered appraisal, the court may consider other evidence of value offered by a party. (g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, then the court may consider the county's tax appraised value. If an objection to the tax appraisal is filed by a party within thirty (30) days of receipt of the appraisal, then the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).
(b) If all cotenants have agreed to the value of the property or to another method of valuation, then the court shall adopt that value or the value produced by the agreed method of valuation.
(c) If the court determines that the evidentiary value of an independent appraisal is outweighed by the cost of the appraisal, then the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
(d) If the court orders an appraisal, then the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property, assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
(e) If an appraisal is conducted pursuant to subsection (d), then the plaintiff shall send notice to each party with a known address no later than ten (10) days after the appraisal is filed, stating: (1) The appraised fair market value of the property; (2) That the appraisal is available at the clerk's office; and (3) That a party may file with the court an objection to the appraisal no later than thirty (30) days after the notice is sent, stating the grounds for the objection.
(1) The appraised fair market value of the property;
(2) That the appraisal is available at the clerk's office; and
(3) That a party may file with the court an objection to the appraisal no later than thirty (30) days after the notice is sent, stating the grounds for the objection.
(f) If an appraisal is filed with the court pursuant to subsection (d), then upon motion of a party, the court shall conduct a hearing to determine the fair market value of the property no sooner than thirty (30) days after a copy of the notice of the appraisal is sent to each party under subsection (e), regardless if an objection to the appraisal is filed under subdivision (e)(3). In addition to the court-ordered appraisal, the court may consider other evidence of value offered by a party.
(g) After a hearing under subsection (f), but before considering the merits of the partition action, the court shall determine the fair market value of the property and send notice to the parties of the value.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-23-201 — TN Code / Title 29 / Chapter 23 / Section 29-23-201
Injunction against sale under trust deed or mortgage - Notice required
Status: in_force

(a) No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made. (b) No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident. Acts 1873, ch. 10, § 1; Shan., § 6248; Code 1932, § 10535; mod. C. Supp. 1950, § 10535; T.C.A. (orig. ed.), § 23-2401.
(a) No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made.
(b) No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident.
Acts 1873, ch. 10, § 1; Shan., § 6248; Code 1932, § 10535; mod. C. Supp. 1950, § 10535; T.C.A. (orig. ed.), § 23-2401.
Tenn. Code Ann. § 29-17-707 — TN Code / Title 29 / Chapter 17 / Section 29-17-707
Procedure after demand for jury of view
Status: in_force

(a) On the day named in the rule, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of a jury of view as provided in § 29-17-706 and give all persons interested equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge presiding shall make such order on the subject as shall secure a fair and impartial assessment, or may, in the judge's discretion, order the issue tried in the first instance by a jury. (b) In any event, it shall be within the power of the court to hear such cause as speedily as may be consistent with justice and due process of law, and, if necessary, at the term at which it is filed, or the first term after filing. Acts 1937, ch. 262, § 7; C. Supp. 1950, § 3170.7 (Williams, § 3171.7); T.C.A. (orig. ed.), § 23-1519; T.C.A. § 29-17-607; Acts 2006, ch. 863, § 1.
(a) On the day named in the rule, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of a jury of view as provided in § 29-17-706 and give all persons interested equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge presiding shall make such order on the subject as shall secure a fair and impartial assessment, or may, in the judge's discretion, order the issue tried in the first instance by a jury.
(b) In any event, it shall be within the power of the court to hear such cause as speedily as may be consistent with justice and due process of law, and, if necessary, at the term at which it is filed, or the first term after filing.
Acts 1937, ch. 262, § 7; C. Supp. 1950, § 3170.7 (Williams, § 3171.7); T.C.A. (orig. ed.), § 23-1519; T.C.A. § 29-17-607; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-18-113 — TN Code / Title 29 / Chapter 18 / Section 29-18-113
Notice to quit not required
Status: in_force

No notice to quit need be given by the plaintiff to the defendant, other than the service of this warrant. Code 1858, § 3351 (deriv. Acts 1841-1842, ch. 186, § 2); Shan., §5100; Code 1932, § 9254; T.C.A. (orig. ed.), § 23-1613.
No notice to quit need be given by the plaintiff to the defendant, other than the service of this warrant.
Code 1858, § 3351 (deriv. Acts 1841-1842, ch. 186, § 2); Shan., §5100; Code 1932, § 9254; T.C.A. (orig. ed.), § 23-1613.
Tenn. Code Ann. § 29-20-113 — TN Code / Title 29 / Chapter 20 / Section 29-20-113
Award of attorneys' fees and costs to state and local government employees sued in individual capacity
Status: in_force

(a) Notwithstanding § 20-12-119(c)(5)(A) , if a claim is filed with a Tennessee or federal court, the Tennessee claims commission, board of claims, or any other judicial body established by the state or by a governmental entity of the state, against an employee of the state or of a governmental entity of the state in the person's individual capacity, and the claim arises from actions or omissions of the employee acting in an official capacity or under color of law, and that employee prevails in the proceeding as provided in this section, then the court or other judicial body on motion shall award reasonable attorneys' fees and costs incurred by the employee in defending the claim filed against the employee. (b) For purposes of this section, the employee shall be the prevailing party if: (1) The employee successfully defends the claim alleging individual liability; or (2) The claim of individual liability is dismissed with or without prejudice after forty-five (45) days have elapsed after an answer or other responsive pleading is filed in which the employee asserts the employee was not acting within the employee's individual capacity at the time of the matters stated in the complaint. (c) The inclusion of an additional claim against the employee in official capacity in the same proceeding shall not preclude the employee from obtaining the remedies provided in this section that are related to the claim against the employee in individual capacity. (d) Attorneys' fees and costs shall be paid to the state, or a governmental entity of the state, if either the state or the governmental entity represents, or retains and agrees to pay for counsel to represent, the employee sued in an individual capacity. If the state has not made such agreement, the attorneys' fees and costs shall be paid to the employee, or to counsel representing the employee. Attorneys' fees shall be calculated at a reasonable rate paid to attorneys of similar experience in private practice in the county where the proceeding is initiated. Added by 2016 Tenn. Acts, ch. 848, s 1, eff. 6/1/2016.
(a) Notwithstanding § 20-12-119(c)(5)(A) , if a claim is filed with a Tennessee or federal court, the Tennessee claims commission, board of claims, or any other judicial body established by the state or by a governmental entity of the state, against an employee of the state or of a governmental entity of the state in the person's individual capacity, and the claim arises from actions or omissions of the employee acting in an official capacity or under color of law, and that employee prevails in the proceeding as provided in this section, then the court or other judicial body on motion shall award reasonable attorneys' fees and costs incurred by the employee in defending the claim filed against the employee.
(b) For purposes of this section, the employee shall be the prevailing party if: (1) The employee successfully defends the claim alleging individual liability; or (2) The claim of individual liability is dismissed with or without prejudice after forty-five (45) days have elapsed after an answer or other responsive pleading is filed in which the employee asserts the employee was not acting within the employee's individual capacity at the time of the matters stated in the complaint.
(1) The employee successfully defends the claim alleging individual liability; or
(2) The claim of individual liability is dismissed with or without prejudice after forty-five (45) days have elapsed after an answer or other responsive pleading is filed in which the employee asserts the employee was not acting within the employee's individual capacity at the time of the matters stated in the complaint.
(c) The inclusion of an additional claim against the employee in official capacity in the same proceeding shall not preclude the employee from obtaining the remedies provided in this section that are related to the claim against the employee in individual capacity.
(d) Attorneys' fees and costs shall be paid to the state, or a governmental entity of the state, if either the state or the governmental entity represents, or retains and agrees to pay for counsel to represent, the employee sued in an individual capacity. If the state has not made such agreement, the attorneys' fees and costs shall be paid to the employee, or to counsel representing the employee. Attorneys' fees shall be calculated at a reasonable rate paid to attorneys of similar experience in private practice in the county where the proceeding is initiated.
Added by 2016 Tenn. Acts, ch. 848, s 1, eff. 6/1/2016.
Tenn. Code Ann. § 29-17-710 — TN Code / Title 29 / Chapter 17 / Section 29-17-710
Intervention or delayed pleadings
Status: in_force

(a) No provision contained in this part in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known that person's right or claims in the property or in the fund arising therefrom within the time allowed. (b) Any such person claiming any interest or any rights therein may file appropriate pleadings or intervention at any time before verdict or award, and be fully heard thereon. (c) If any person, after judgment of condemnation, shall desire to come in and be heard on any claim to the fund or to any interest therein, the person shall be allowed to do so within not exceeding thirty (30) days. (d) After condemnation is had and the fund paid into the registry of the court, the petitioner shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as allowed in § 29-17-706 . Acts 1937, ch. 262, § 9; C. Supp. 1950, § 3170.9 (Williams, § 3171.9); T.C.A. (orig. ed.), § 23-1522; T.C.A. § 29-17-610; Acts 2006, ch. 863, § 1.
(a) No provision contained in this part in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known that person's right or claims in the property or in the fund arising therefrom within the time allowed.
(b) Any such person claiming any interest or any rights therein may file appropriate pleadings or intervention at any time before verdict or award, and be fully heard thereon.
(c) If any person, after judgment of condemnation, shall desire to come in and be heard on any claim to the fund or to any interest therein, the person shall be allowed to do so within not exceeding thirty (30) days.
(d) After condemnation is had and the fund paid into the registry of the court, the petitioner shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as allowed in § 29-17-706 .
Acts 1937, ch. 262, § 9; C. Supp. 1950, § 3170.9 (Williams, § 3171.9); T.C.A. (orig. ed.), § 23-1522; T.C.A. § 29-17-610; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-13-109 — TN Code / Title 29 / Chapter 13 / Section 29-13-109
Claims - Requirements - Judicial determination - Awards
Status: in_force

(a) No award may be made under this section unless the claimant shall have shown, supported by a preponderance of the evidence, that: (1) Such an act did occur; and (2) The injury or death proximately resulted from such act. (b) (1) All decisions granting an award under this chapter shall be in writing and shall set forth the findings of fact and the decision whether compensation is due under this chapter. (2) Except as provided in § 29-13-108(g) , the findings of fact shall include, but not be limited to, those enumerated in this subdivision (b)(2). The findings of fact shall include: (A) The name and address of the victim; (B) The name and address of the claimant, if different than the victim; (C) Whether the claimant is eligible for compensation pursuant to § 29-13-105 ; (D) The date, place and nature of the offense giving rise to the claim, including a finding that the offense is within the meaning of § 29-13-104 ; (E) A statement of the injuries suffered by the victim; (F) Whether the victim contributed to the crime in any respect; (G) The name and address of the offender or, if not known, a statement to that effect; (H) Whether the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender; (I) Whether the claimant has received or is eligible to receive any benefits, payments or awards from any other source; (J) Whether the award includes payment of expenses for mental health counseling; (K) A statement of the losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 which have been supported by evidence presented, with such documentation attached; (L) Whether the claimant has executed a subrogation agreement; (M) If compensation for pain and suffering is being made, a finding that the offense was sexually oriented and the victim did experience pain and suffering as a result of commission of the offense; (N) If the offense giving rise to the claim involved use of a motor vehicle or watercraft, a finding that the operator of the motor vehicle or watercraft was acting with criminal intent to intentionally inflict injury or death, or was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; (O) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, a finding that the claimant was a dependent of the decedent; (P) Whether compensation is due to the claimant under this chapter, including the amount and manner of payment; (Q) The name and address of each person to whom compensation is being paid, including the amount to be paid; and (R) If the claimant is a minor or is incompetent, a plan for the disbursement of all funds for the benefit of the claimant pursuant to § 29-13-111 . (c) In determining whether to make an award under this section, or the amount of the award, any circumstances reasonably relevant to the criminal act may be considered, including the behavior of the victim which directly or indirectly contributed to the victim's injury or death, unless such injury or death resulted from the victim's attempt to prevent the commission of a crime or an attempted crime or to apprehend or attempt to apprehend an offender, as set forth in § 29-13-104(2) and (3) . (d) For the purposes of this chapter, a person is deemed to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, such person was legally incapable of forming a criminal intent. (e) No award of compensation shall be made until a subrogation agreement is executed by the claimant to the effect that the criminal injuries compensation fund will be reimbursed to the full amount expended by the fund less an award for attorney's fees should the claimant recover damages in a civil action for that injury or death. No part of the recovery due the criminal injuries compensation fund shall be diminished by any collection fees or for any other reason whatsoever. (f) An award may be made under this section whether or not any person is prosecuted or convicted or acquitted, except as required by § 29-13-111 , of any offense arising out of such act, or if such act is the subject of any other legal action. Furthermore, the apprehension of an offender is not a condition of award. However, no award shall be made unless the claimant fully cooperates with the police and district attorney general in any prosecution of the offender, which prosecution occurs either before or after the payment of such compensation. Awards may be amended under § 29-13-108(j) in furtherance of this policy. Acts 1976, ch. 736, § 9; T.C.A., §§ 23-3509, 23-35-109; modified; Acts 1984, ch. 752, § 7; 1985, ch. 278, §§ 6, 14; 1986, ch. 834, §§ 4, 6, 7; 1986, ch. 911, § 3; 1987, ch. 110, §§ 3, 4; 1988, ch. 776, § 3; 1989, ch. 129, § 14; 1992, ch. 761, § 3; 1993, ch. 494, §§ 8-10, 20; 1998, ch. 785, §§ 27 - 29; 2002, ch. 869, § 3.
(a) No award may be made under this section unless the claimant shall have shown, supported by a preponderance of the evidence, that: (1) Such an act did occur; and (2) The injury or death proximately resulted from such act.
(1) Such an act did occur; and
(2) The injury or death proximately resulted from such act.
(b) (1) All decisions granting an award under this chapter shall be in writing and shall set forth the findings of fact and the decision whether compensation is due under this chapter. (2) Except as provided in § 29-13-108(g) , the findings of fact shall include, but not be limited to, those enumerated in this subdivision (b)(2). The findings of fact shall include: (A) The name and address of the victim; (B) The name and address of the claimant, if different than the victim; (C) Whether the claimant is eligible for compensation pursuant to § 29-13-105 ; (D) The date, place and nature of the offense giving rise to the claim, including a finding that the offense is within the meaning of § 29-13-104 ; (E) A statement of the injuries suffered by the victim; (F) Whether the victim contributed to the crime in any respect; (G) The name and address of the offender or, if not known, a statement to that effect; (H) Whether the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender; (I) Whether the claimant has received or is eligible to receive any benefits, payments or awards from any other source; (J) Whether the award includes payment of expenses for mental health counseling; (K) A statement of the losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 which have been supported by evidence presented, with such documentation attached; (L) Whether the claimant has executed a subrogation agreement; (M) If compensation for pain and suffering is being made, a finding that the offense was sexually oriented and the victim did experience pain and suffering as a result of commission of the offense; (N) If the offense giving rise to the claim involved use of a motor vehicle or watercraft, a finding that the operator of the motor vehicle or watercraft was acting with criminal intent to intentionally inflict injury or death, or was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; (O) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, a finding that the claimant was a dependent of the decedent; (P) Whether compensation is due to the claimant under this chapter, including the amount and manner of payment; (Q) The name and address of each person to whom compensation is being paid, including the amount to be paid; and (R) If the claimant is a minor or is incompetent, a plan for the disbursement of all funds for the benefit of the claimant pursuant to § 29-13-111 .
(1) All decisions granting an award under this chapter shall be in writing and shall set forth the findings of fact and the decision whether compensation is due under this chapter.
(2) Except as provided in § 29-13-108(g) , the findings of fact shall include, but not be limited to, those enumerated in this subdivision (b)(2). The findings of fact shall include: (A) The name and address of the victim; (B) The name and address of the claimant, if different than the victim; (C) Whether the claimant is eligible for compensation pursuant to § 29-13-105 ; (D) The date, place and nature of the offense giving rise to the claim, including a finding that the offense is within the meaning of § 29-13-104 ; (E) A statement of the injuries suffered by the victim; (F) Whether the victim contributed to the crime in any respect; (G) The name and address of the offender or, if not known, a statement to that effect; (H) Whether the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender; (I) Whether the claimant has received or is eligible to receive any benefits, payments or awards from any other source; (J) Whether the award includes payment of expenses for mental health counseling; (K) A statement of the losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 which have been supported by evidence presented, with such documentation attached; (L) Whether the claimant has executed a subrogation agreement; (M) If compensation for pain and suffering is being made, a finding that the offense was sexually oriented and the victim did experience pain and suffering as a result of commission of the offense; (N) If the offense giving rise to the claim involved use of a motor vehicle or watercraft, a finding that the operator of the motor vehicle or watercraft was acting with criminal intent to intentionally inflict injury or death, or was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; (O) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, a finding that the claimant was a dependent of the decedent; (P) Whether compensation is due to the claimant under this chapter, including the amount and manner of payment; (Q) The name and address of each person to whom compensation is being paid, including the amount to be paid; and (R) If the claimant is a minor or is incompetent, a plan for the disbursement of all funds for the benefit of the claimant pursuant to § 29-13-111 .
(A) The name and address of the victim;
(B) The name and address of the claimant, if different than the victim;
(C) Whether the claimant is eligible for compensation pursuant to § 29-13-105 ;
(D) The date, place and nature of the offense giving rise to the claim, including a finding that the offense is within the meaning of § 29-13-104 ;
(E) A statement of the injuries suffered by the victim;
(F) Whether the victim contributed to the crime in any respect;
(G) The name and address of the offender or, if not known, a statement to that effect;
(H) Whether the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender;
(I) Whether the claimant has received or is eligible to receive any benefits, payments or awards from any other source;
(J) Whether the award includes payment of expenses for mental health counseling;
(K) A statement of the losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 which have been supported by evidence presented, with such documentation attached;
(L) Whether the claimant has executed a subrogation agreement;
(M) If compensation for pain and suffering is being made, a finding that the offense was sexually oriented and the victim did experience pain and suffering as a result of commission of the offense;
(N) If the offense giving rise to the claim involved use of a motor vehicle or watercraft, a finding that the operator of the motor vehicle or watercraft was acting with criminal intent to intentionally inflict injury or death, or was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ;
(O) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, a finding that the claimant was a dependent of the decedent;
(P) Whether compensation is due to the claimant under this chapter, including the amount and manner of payment;
(Q) The name and address of each person to whom compensation is being paid, including the amount to be paid; and
(R) If the claimant is a minor or is incompetent, a plan for the disbursement of all funds for the benefit of the claimant pursuant to § 29-13-111 .
(c) In determining whether to make an award under this section, or the amount of the award, any circumstances reasonably relevant to the criminal act may be considered, including the behavior of the victim which directly or indirectly contributed to the victim's injury or death, unless such injury or death resulted from the victim's attempt to prevent the commission of a crime or an attempted crime or to apprehend or attempt to apprehend an offender, as set forth in § 29-13-104(2) and (3) .
(d) For the purposes of this chapter, a person is deemed to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, such person was legally incapable of forming a criminal intent.
(e) No award of compensation shall be made until a subrogation agreement is executed by the claimant to the effect that the criminal injuries compensation fund will be reimbursed to the full amount expended by the fund less an award for attorney's fees should the claimant recover damages in a civil action for that injury or death. No part of the recovery due the criminal injuries compensation fund shall be diminished by any collection fees or for any other reason whatsoever.
(f) An award may be made under this section whether or not any person is prosecuted or convicted or acquitted, except as required by § 29-13-111 , of any offense arising out of such act, or if such act is the subject of any other legal action. Furthermore, the apprehension of an offender is not a condition of award. However, no award shall be made unless the claimant fully cooperates with the police and district attorney general in any prosecution of the offender, which prosecution occurs either before or after the payment of such compensation. Awards may be amended under § 29-13-108(j) in furtherance of this policy.
Acts 1976, ch. 736, § 9; T.C.A., §§ 23-3509, 23-35-109; modified; Acts 1984, ch. 752, § 7; 1985, ch. 278, §§ 6, 14; 1986, ch. 834, §§ 4, 6, 7; 1986, ch. 911, § 3; 1987, ch. 110, §§ 3, 4; 1988, ch. 776, § 3; 1989, ch. 129, § 14; 1992, ch. 761, § 3; 1993, ch. 494, §§ 8-10, 20; 1998, ch. 785, §§ 27 - 29; 2002, ch. 869, § 3.
Tenn. Code Ann. § 29-13-106 — TN Code / Title 29 / Chapter 13 / Section 29-13-106
Losses or expenses reimbursable
Status: in_force

(a) Payment of compensation under this chapter shall be ordered for losses or expenses as defined in this section only upon submission of written documentation which clearly shows that such losses and expenses were actually and reasonably incurred by the claimant. The burden of proof of losses and expenses shall be upon the claimant. The payment of compensation under this chapter shall be awarded for: (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, including, but not limited to, actual expenditures of moneys for or indebtedness resulting from medical services, hospital services, funeral and burial expenses; (2) "Permanent partial disability" or "permanent total disability" as defined in § 29-13-107 ; (3) Expenses actually and reasonably incurred as the result of the claimant traveling to and from the trial of the defendant or defendants alleged to have committed an offense as defined in § 29-13-104 , regardless of whether the claimant is called as a witness, and expenses actually and reasonably incurred as the result of the claimant traveling to and from appellate, post-conviction or habeas corpus proceedings resulting from the trial of a defendant or defendants alleged to have committed a compensable offense as defined in § 29-13-104 . Any award made under the preceding sentence to a claimant shall not exceed a cumulative total of one thousand two hundred fifty dollars ($1,250) for all such travel. For the purposes of this subdivision (a)(3) "claimant" means the victim, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or relative of the victim as defined in § 29-13-102 . As used in the preceding sentence, "legal representative of the estate of a deceased victim" shall not be construed or implemented to include any attorney who, for a fee, serves as legal representative of the estate of such victim. In no case shall compensation be awarded under this subdivision (a)(3) to more than four (4) claimants as a result of the "same criminal act" as defined in subsection (e). Further, no award shall be made to a claimant under this subdivision (a)(3) if the claimant is otherwise eligible for the payment of travel expenses by the state or any county of this state as a result of the claimant attending the trial as a witness; (4) Reasonable out-of-pocket expenses incurred for cleaning supplies, equipment rental and labor needed to clean the scene of a homicide, sexual assault or aggravated assault, if the scene was the residence of the victim or a relative of the victim as defined in § 29-13-102 . "Cleaning the scene" means to remove, or attempt to remove, from the crime scene blood, dirt, stains or other debris caused by the crime or the processing of the crime scene; (5) Pecuniary loss to the dependents of a deceased victim; (6) Any other pecuniary loss, including lost wages, as defined in § 29-13-107 , resulting from the personal injury or death of the victim that is determined to be reasonable; (7) The victim's reasonable moving expenses, storage fees and fees for transfer of utility service if the move is a direct result of an assault committed upon such victim at the victim's residence, provided that the victim shall not receive compensation for more than two (2) moves resulting from the assault; and (8) Reasonable costs of cleaning, repairing or replacing eyeglasses and hearing aids owned by the victim that were damaged or destroyed by the crime or the processing of the crime scene, and the reasonable costs of repairing or replacing personal property owned by the victim or a relative of the victim as defined in § 29-13-102 that was damaged or destroyed in processing the scene of a homicide, sexual assault or aggravated assault if the scene was the residence of the victim or the relative of the victim who owned the property. (b) In no case will any compensation be awarded for any damage to real or personal property, except as provided in subdivision (a)(8). For the purpose of this section, "dental devices", "artificial prosthetic devices" and "medically related devices" are not considered personal property. (c) Compensation must not be awarded for any personal injury or loss alleged to have been incurred as a result of pain and suffering, except for victims of the crime of rape, victims of a human trafficking offense, and victims of a crime involving sexual deviancy, including minors who are victims of the crimes contained in § 39-13-314 , § 39-13-316 , §§ 39-13-502 - 39-13-505, § 39-13-522 , § 39-15-302 , § 39-17-902 , and §§ 39-17-1003 - 39-17-1005, or any attempt, conspiracy, or solicitation to commit such offenses. (d) Except as provided in subdivision (a)(3), no award shall be made unless the claimant has incurred a minimum out of pocket loss of one hundred dollars ($100) or has lost at least two (2) continuous weeks earnings or support, unless it is determined that the interest of justice would not be served by such a limitation. (e) No compensation shall be awarded on account of the same criminal act in an amount in excess of thirty thousand dollars ($30,000), except as provided in subsection (h). All awards granted under subsection (a) shall be aggregated in determining this amount. For the purposes of this chapter, where a victim is injured as a result of two (2) or more criminal acts that occur: (1) Sequentially, but involve the same criminal or group of criminals, and the same victim or group of victims; and (2) The victim or victims remain in the presence or under the control of the criminal or criminals, then the injuries shall be deemed to have resulted from a single criminal act. For the purposes of this chapter, where a minor is the victim of crimes listed in subsection (c), and there are multiple occurrences of one (1) or more of these listed crimes by a single criminal over a period of time, then such injuries shall be deemed to have resulted from a single criminal act. (f) (1) Any award shall be reduced by the amounts of payment already received or any amounts which claimant is legally entitled to receive as a result of the injury: (A) From or on behalf of the offender; (B) From any other public or private source; or (C) As an emergency award pursuant to § 29-13-114 . (2) It is the intent of this subsection (f) to prohibit double recoveries by criminal victims, but it shall not be construed to prohibit recovery of compensation under this chapter if the recovery from the sources set forth in subdivisions (f)(1)(A) and (B) is insufficient to reimburse the victim for total compensable injuries as set forth in this chapter. Recoveries under subdivisions (f)(1)(A) and (B) shall be considered as primary indemnification, and recoveries under subsection (a) shall be limited to compensating for injuries over and above any recoveries under subdivisions (f)(1)(A) and (B). In claims involving the death of a victim, the proceeds from any life insurance contracts payable to the victim's dependent or dependents making the claim for compensation shall not be considered a source of reimbursement. (g) If two (2) or more persons are entitled to compensation as a result of the death of the victim, amounts shall be apportioned among claimants in proportion to their loss. (h) It is the intent of the general assembly that the maximum award pursuant to subsection (e) equal no less than one hundred five percent (105%) of the national average of the maximum compensation award provided by the fifty (50) states within the United States, the District of Columbia and the United States Virgin Islands. No later than October 1 of each year, the treasurer shall compare the maximum award limit for this program with the average of the maximum award limits of the other states; provided, however, that the other states have a maximum award limit which is ascertainable or set in a manner similar to that of Tennessee. In the event that any of the states or territories do not have an overall maximum award, the treasurer shall eliminate that state or territory from comparison. If the treasurer determines that the maximum is less than one hundred five percent (105%) of the national average, the treasurer shall adjust the maximum award to an amount equal to one hundred five percent (105%) of the national average; provided, however, that the maximum award shall be rounded up to the nearest one hundred dollars ($100). Any adjustment made pursuant to this provision shall be effective on July 1 of the next fiscal year and shall apply to claims filed for crimes occurring on or after such date. The treasurer shall make any adjustment to the maximum award by rule promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Amended by 2023 Tenn. Acts, ch. 359, s 2, eff. 5/5/2023. Acts 1976, ch. 736, § 6; T.C.A., §§ 23-3506, 23-35-106; Acts 1981, ch. 163, § 4; 1984, ch. 752, §§ 1, 3, 8; 1985, ch. 278, §§ 4, 12; 1985, ch. 478, § 23; 1986, ch. 834, §§ 1, 2, 5, 8; 1986, ch. 911, § 3; 1988, ch. 776, §§ 1, 2, 5, 6; 1989, ch. 129, §§ 5-9; 1990, ch. 755, §§ 6-8; 1993, ch. 494, §§ 17, 18; 1996, ch. 675, § 13; 1997 , ch. 302, §§ 1, 5; 1997 , ch. 509, § 1, 2, 4; 1998, ch. 785, § 19; 1998, ch. 1037, § 1; 1999, ch. 271, §§ 1 - 3; 2000, ch. 975, §§ 1, 2; 2002, ch. 869, §§ 1, 2, 6 - 9.
(a) Payment of compensation under this chapter shall be ordered for losses or expenses as defined in this section only upon submission of written documentation which clearly shows that such losses and expenses were actually and reasonably incurred by the claimant. The burden of proof of losses and expenses shall be upon the claimant. The payment of compensation under this chapter shall be awarded for: (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, including, but not limited to, actual expenditures of moneys for or indebtedness resulting from medical services, hospital services, funeral and burial expenses; (2) "Permanent partial disability" or "permanent total disability" as defined in § 29-13-107 ; (3) Expenses actually and reasonably incurred as the result of the claimant traveling to and from the trial of the defendant or defendants alleged to have committed an offense as defined in § 29-13-104 , regardless of whether the claimant is called as a witness, and expenses actually and reasonably incurred as the result of the claimant traveling to and from appellate, post-conviction or habeas corpus proceedings resulting from the trial of a defendant or defendants alleged to have committed a compensable offense as defined in § 29-13-104 . Any award made under the preceding sentence to a claimant shall not exceed a cumulative total of one thousand two hundred fifty dollars ($1,250) for all such travel. For the purposes of this subdivision (a)(3) "claimant" means the victim, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or relative of the victim as defined in § 29-13-102 . As used in the preceding sentence, "legal representative of the estate of a deceased victim" shall not be construed or implemented to include any attorney who, for a fee, serves as legal representative of the estate of such victim. In no case shall compensation be awarded under this subdivision (a)(3) to more than four (4) claimants as a result of the "same criminal act" as defined in subsection (e). Further, no award shall be made to a claimant under this subdivision (a)(3) if the claimant is otherwise eligible for the payment of travel expenses by the state or any county of this state as a result of the claimant attending the trial as a witness; (4) Reasonable out-of-pocket expenses incurred for cleaning supplies, equipment rental and labor needed to clean the scene of a homicide, sexual assault or aggravated assault, if the scene was the residence of the victim or a relative of the victim as defined in § 29-13-102 . "Cleaning the scene" means to remove, or attempt to remove, from the crime scene blood, dirt, stains or other debris caused by the crime or the processing of the crime scene; (5) Pecuniary loss to the dependents of a deceased victim; (6) Any other pecuniary loss, including lost wages, as defined in § 29-13-107 , resulting from the personal injury or death of the victim that is determined to be reasonable; (7) The victim's reasonable moving expenses, storage fees and fees for transfer of utility service if the move is a direct result of an assault committed upon such victim at the victim's residence, provided that the victim shall not receive compensation for more than two (2) moves resulting from the assault; and (8) Reasonable costs of cleaning, repairing or replacing eyeglasses and hearing aids owned by the victim that were damaged or destroyed by the crime or the processing of the crime scene, and the reasonable costs of repairing or replacing personal property owned by the victim or a relative of the victim as defined in § 29-13-102 that was damaged or destroyed in processing the scene of a homicide, sexual assault or aggravated assault if the scene was the residence of the victim or the relative of the victim who owned the property.
(1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, including, but not limited to, actual expenditures of moneys for or indebtedness resulting from medical services, hospital services, funeral and burial expenses;
(2) "Permanent partial disability" or "permanent total disability" as defined in § 29-13-107 ;
(3) Expenses actually and reasonably incurred as the result of the claimant traveling to and from the trial of the defendant or defendants alleged to have committed an offense as defined in § 29-13-104 , regardless of whether the claimant is called as a witness, and expenses actually and reasonably incurred as the result of the claimant traveling to and from appellate, post-conviction or habeas corpus proceedings resulting from the trial of a defendant or defendants alleged to have committed a compensable offense as defined in § 29-13-104 . Any award made under the preceding sentence to a claimant shall not exceed a cumulative total of one thousand two hundred fifty dollars ($1,250) for all such travel. For the purposes of this subdivision (a)(3) "claimant" means the victim, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or relative of the victim as defined in § 29-13-102 . As used in the preceding sentence, "legal representative of the estate of a deceased victim" shall not be construed or implemented to include any attorney who, for a fee, serves as legal representative of the estate of such victim. In no case shall compensation be awarded under this subdivision (a)(3) to more than four (4) claimants as a result of the "same criminal act" as defined in subsection (e). Further, no award shall be made to a claimant under this subdivision (a)(3) if the claimant is otherwise eligible for the payment of travel expenses by the state or any county of this state as a result of the claimant attending the trial as a witness;
(4) Reasonable out-of-pocket expenses incurred for cleaning supplies, equipment rental and labor needed to clean the scene of a homicide, sexual assault or aggravated assault, if the scene was the residence of the victim or a relative of the victim as defined in § 29-13-102 . "Cleaning the scene" means to remove, or attempt to remove, from the crime scene blood, dirt, stains or other debris caused by the crime or the processing of the crime scene;
(5) Pecuniary loss to the dependents of a deceased victim;
(6) Any other pecuniary loss, including lost wages, as defined in § 29-13-107 , resulting from the personal injury or death of the victim that is determined to be reasonable;
(7) The victim's reasonable moving expenses, storage fees and fees for transfer of utility service if the move is a direct result of an assault committed upon such victim at the victim's residence, provided that the victim shall not receive compensation for more than two (2) moves resulting from the assault; and
(8) Reasonable costs of cleaning, repairing or replacing eyeglasses and hearing aids owned by the victim that were damaged or destroyed by the crime or the processing of the crime scene, and the reasonable costs of repairing or replacing personal property owned by the victim or a relative of the victim as defined in § 29-13-102 that was damaged or destroyed in processing the scene of a homicide, sexual assault or aggravated assault if the scene was the residence of the victim or the relative of the victim who owned the property.
(b) In no case will any compensation be awarded for any damage to real or personal property, except as provided in subdivision (a)(8). For the purpose of this section, "dental devices", "artificial prosthetic devices" and "medically related devices" are not considered personal property.
(c) Compensation must not be awarded for any personal injury or loss alleged to have been incurred as a result of pain and suffering, except for victims of the crime of rape, victims of a human trafficking offense, and victims of a crime involving sexual deviancy, including minors who are victims of the crimes contained in § 39-13-314 , § 39-13-316 , §§ 39-13-502 - 39-13-505, § 39-13-522 , § 39-15-302 , § 39-17-902 , and §§ 39-17-1003 - 39-17-1005, or any attempt, conspiracy, or solicitation to commit such offenses.
(d) Except as provided in subdivision (a)(3), no award shall be made unless the claimant has incurred a minimum out of pocket loss of one hundred dollars ($100) or has lost at least two (2) continuous weeks earnings or support, unless it is determined that the interest of justice would not be served by such a limitation.
(e) No compensation shall be awarded on account of the same criminal act in an amount in excess of thirty thousand dollars ($30,000), except as provided in subsection (h). All awards granted under subsection (a) shall be aggregated in determining this amount. For the purposes of this chapter, where a victim is injured as a result of two (2) or more criminal acts that occur: (1) Sequentially, but involve the same criminal or group of criminals, and the same victim or group of victims; and (2) The victim or victims remain in the presence or under the control of the criminal or criminals, then the injuries shall be deemed to have resulted from a single criminal act. For the purposes of this chapter, where a minor is the victim of crimes listed in subsection (c), and there are multiple occurrences of one (1) or more of these listed crimes by a single criminal over a period of time, then such injuries shall be deemed to have resulted from a single criminal act.
(1) Sequentially, but involve the same criminal or group of criminals, and the same victim or group of victims; and
(2) The victim or victims remain in the presence or under the control of the criminal or criminals, then the injuries shall be deemed to have resulted from a single criminal act. For the purposes of this chapter, where a minor is the victim of crimes listed in subsection (c), and there are multiple occurrences of one (1) or more of these listed crimes by a single criminal over a period of time, then such injuries shall be deemed to have resulted from a single criminal act.
(f) (1) Any award shall be reduced by the amounts of payment already received or any amounts which claimant is legally entitled to receive as a result of the injury: (A) From or on behalf of the offender; (B) From any other public or private source; or (C) As an emergency award pursuant to § 29-13-114 . (2) It is the intent of this subsection (f) to prohibit double recoveries by criminal victims, but it shall not be construed to prohibit recovery of compensation under this chapter if the recovery from the sources set forth in subdivisions (f)(1)(A) and (B) is insufficient to reimburse the victim for total compensable injuries as set forth in this chapter. Recoveries under subdivisions (f)(1)(A) and (B) shall be considered as primary indemnification, and recoveries under subsection (a) shall be limited to compensating for injuries over and above any recoveries under subdivisions (f)(1)(A) and (B). In claims involving the death of a victim, the proceeds from any life insurance contracts payable to the victim's dependent or dependents making the claim for compensation shall not be considered a source of reimbursement.
(1) Any award shall be reduced by the amounts of payment already received or any amounts which claimant is legally entitled to receive as a result of the injury: (A) From or on behalf of the offender; (B) From any other public or private source; or (C) As an emergency award pursuant to § 29-13-114 .
(A) From or on behalf of the offender;
(B) From any other public or private source; or
(C) As an emergency award pursuant to § 29-13-114 .
(2) It is the intent of this subsection (f) to prohibit double recoveries by criminal victims, but it shall not be construed to prohibit recovery of compensation under this chapter if the recovery from the sources set forth in subdivisions (f)(1)(A) and (B) is insufficient to reimburse the victim for total compensable injuries as set forth in this chapter. Recoveries under subdivisions (f)(1)(A) and (B) shall be considered as primary indemnification, and recoveries under subsection (a) shall be limited to compensating for injuries over and above any recoveries under subdivisions (f)(1)(A) and (B). In claims involving the death of a victim, the proceeds from any life insurance contracts payable to the victim's dependent or dependents making the claim for compensation shall not be considered a source of reimbursement.
(g) If two (2) or more persons are entitled to compensation as a result of the death of the victim, amounts shall be apportioned among claimants in proportion to their loss.
(h) It is the intent of the general assembly that the maximum award pursuant to subsection (e) equal no less than one hundred five percent (105%) of the national average of the maximum compensation award provided by the fifty (50) states within the United States, the District of Columbia and the United States Virgin Islands. No later than October 1 of each year, the treasurer shall compare the maximum award limit for this program with the average of the maximum award limits of the other states; provided, however, that the other states have a maximum award limit which is ascertainable or set in a manner similar to that of Tennessee. In the event that any of the states or territories do not have an overall maximum award, the treasurer shall eliminate that state or territory from comparison. If the treasurer determines that the maximum is less than one hundred five percent (105%) of the national average, the treasurer shall adjust the maximum award to an amount equal to one hundred five percent (105%) of the national average; provided, however, that the maximum award shall be rounded up to the nearest one hundred dollars ($100). Any adjustment made pursuant to this provision shall be effective on July 1 of the next fiscal year and shall apply to claims filed for crimes occurring on or after such date. The treasurer shall make any adjustment to the maximum award by rule promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2023 Tenn. Acts, ch. 359, s 2, eff. 5/5/2023.
Acts 1976, ch. 736, § 6; T.C.A., §§ 23-3506, 23-35-106; Acts 1981, ch. 163, § 4; 1984, ch. 752, §§ 1, 3, 8; 1985, ch. 278, §§ 4, 12; 1985, ch. 478, § 23; 1986, ch. 834, §§ 1, 2, 5, 8; 1986, ch. 911, § 3; 1988, ch. 776, §§ 1, 2, 5, 6; 1989, ch. 129, §§ 5-9; 1990, ch. 755, §§ 6-8; 1993, ch. 494, §§ 17, 18; 1996, ch. 675, § 13; 1997 , ch. 302, §§ 1, 5; 1997 , ch. 509, § 1, 2, 4; 1998, ch. 785, § 19; 1998, ch. 1037, § 1; 1999, ch. 271, §§ 1 - 3; 2000, ch. 975, §§ 1, 2; 2002, ch. 869, §§ 1, 2, 6 - 9.
Tenn. Code Ann. § 29-34-504 — TN Code / Title 29 / Chapter 34 / Section 29-34-504
Limitations on cumulative successor asbestos-related liabilities
Status: in_force

(a) Except as otherwise provided in subsection (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation. (b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a successor corporation. Added by 2013 Tenn. Acts, ch. 246,s 5, eff. 7/1/2013.
(a) Except as otherwise provided in subsection (b), the cumulative successor asbestos-related liabilities of a successor corporation are limited to the fair market value of the total gross assets of the transferor determined as of the time of the merger or consolidation. The successor corporation does not have responsibility for successor asbestos-related liabilities in excess of this limitation.
(b) If the transferor had assumed or incurred successor asbestos-related liabilities in connection with a prior merger or consolidation with a prior transferor, then the fair market value of the total assets of the prior transferor determined as of the time of the earlier merger or consolidation shall be substituted for the limitation set forth in subsection (a) for purposes of determining the limitation of liability of a successor corporation.
Added by 2013 Tenn. Acts, ch. 246,s 5, eff. 7/1/2013.
Tenn. Code Ann. § 29-9-101 — TN Code / Title 29 / Chapter 9 / Section 29-9-101
Officers authorized to punish
Status: in_force

Any officer authorized to punish for contempt is a court within the meaning of §§ 29-9-101 - 29-9-106. Code 1858, § 4112; Shan., § 5924; Code 1932, § 10125; T.C.A. (orig. ed.), § 23-901.
Any officer authorized to punish for contempt is a court within the meaning of §§ 29-9-101 - 29-9-106.
Code 1858, § 4112; Shan., § 5924; Code 1932, § 10125; T.C.A. (orig. ed.), § 23-901.
Tenn. Code Ann. § 29-13-407 — TN Code / Title 29 / Chapter 13 / Section 29-13-407
Return of funds to defendant
Status: in_force

(a) The attorney general and reporter immediately shall pay over to the defendant all of the funds in the escrow account: (1) Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been established, and no civil actions are pending against the defendant; or (2) Upon disposition of the criminal charges favorable to the defendant. (b) If the defendant fails to make a showing under subdivision (a)(1) to the attorney general and reporter that the limitations period has expired, within six (6) months after the expiration of the period, the attorney general and reporter shall turn over all moneys in the escrow account to the criminal injuries compensation fund of this state. Acts 1994, ch. 1003, § 7.
(a) The attorney general and reporter immediately shall pay over to the defendant all of the funds in the escrow account: (1) Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been established, and no civil actions are pending against the defendant; or (2) Upon disposition of the criminal charges favorable to the defendant.
(1) Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been established, and no civil actions are pending against the defendant; or
(2) Upon disposition of the criminal charges favorable to the defendant.
(b) If the defendant fails to make a showing under subdivision (a)(1) to the attorney general and reporter that the limitations period has expired, within six (6) months after the expiration of the period, the attorney general and reporter shall turn over all moneys in the escrow account to the criminal injuries compensation fund of this state.
Acts 1994, ch. 1003, § 7.
Tenn. Code Ann. § 29-7-112 — TN Code / Title 29 / Chapter 7 / Section 29-7-112
Judgment against garnishee
Status: in_force

If it appears that the garnishee is indebted to the defendant, or has property and effects of the defendant subject to the attachment, the court may, in case recovery is had by the plaintiff against the defendant, give judgment against the garnishee for the amount of the recovery or of the indebtedness and property. Code 1858, § 3484 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5244; Code 1932, § 9435; T.C.A. (orig. ed.), § 23-712.
If it appears that the garnishee is indebted to the defendant, or has property and effects of the defendant subject to the attachment, the court may, in case recovery is had by the plaintiff against the defendant, give judgment against the garnishee for the amount of the recovery or of the indebtedness and property.
Code 1858, § 3484 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5244; Code 1932, § 9435; T.C.A. (orig. ed.), § 23-712.
Tenn. Code Ann. § 29-4-105 — TN Code / Title 29 / Chapter 4 / Section 29-4-105
Appeal
Status: in_force

The parties to submission and agreed cases are entitled to all the benefits of the proceedings for the correction of errors. Code 1858, § 3454 (deriv. Acts 1851-1852, ch. 173, § 8); Shan., §5210; Code 1932, § 9387; T.C.A. (orig. ed.), § 23-405.
The parties to submission and agreed cases are entitled to all the benefits of the proceedings for the correction of errors.
Code 1858, § 3454 (deriv. Acts 1851-1852, ch. 173, § 8); Shan., §5210; Code 1932, § 9387; T.C.A. (orig. ed.), § 23-405.
Tenn. Code Ann. § 29-40-109 — TN Code / Title 29 / Chapter 40 / Section 29-40-109
Status of receiver as lien creditor
Status: in_force

On appointment of a receiver, the receiver has the status of a lien creditor under: (1) The Uniform Commercial Code - Secured Transactions, compiled in title 47, chapter 9, as to receivership property that is personal property or fixtures; and (2) Title 66, as to receivership property that is real property. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
On appointment of a receiver, the receiver has the status of a lien creditor under:
(1) The Uniform Commercial Code - Secured Transactions, compiled in title 47, chapter 9, as to receivership property that is personal property or fixtures; and
(2) Title 66, as to receivership property that is real property.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-13-103 — TN Code / Title 29 / Chapter 13 / Section 29-13-103
Burden of proof - Documentation
Status: in_force

(a) The claimant has the burden of presenting to the division all facts necessary in determining whether the claimant is entitled to compensation under this part. No claimant shall be entitled to compensation unless the claimant proves by a preponderance of the evidence every requirement under this part for entitlement to compensation, including, but not limited to, the following: (1) The occurrence of an offense as defined in § 29-13-104 ; (2) The offense proximately caused personal injury to or death of the victim; (3) The claimant is eligible for compensation pursuant to § 29-13-105 ; (4) The claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim where it is determined that the victim's cooperation may be or had been impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family; (5) The amount of losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 ; (6) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, that the claimant was a dependent of the victim within the meaning of § 29-13-102(5) ; and (7) The victim or a member of the victim's family reported the offense to the proper law enforcement authorities within the time prescribed in § 29-13-108(a) . (b) (1) The claimant must present written documentation to establish the facts required by subsection (a), including proof that an offense referenced in subdivision (a)(1) has occurred. (2) Such documentation must include, but is not limited to: (A) (i) Medical and funeral bills; (ii) Lost wage verifications; (iii) W-2 forms; or (iv) Death and birth certificates; and (B) Proof of an offense, which must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, including, but not limited to, the following: (i) A criminal conviction documenting the crime directly related to the claim filed; (ii) A law enforcement report documenting the commission of a crime; (iii) An information charging an individual with a crime filed by a prosecuting attorney; (iv) An indictment by a grand jury; (v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed; (vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed; (vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408 ; (viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed; (ix) A report from child protective services or another government agency; (x) A restraining order issued by a court; or (xi) Any other documentation requested by the division to show the commission of a crime. Amended by 2024 Tenn. Acts, ch. 904,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 904,s 1, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 359, s 1, eff. 5/5/2023. Acts 1993, ch. 494, § 4.
(a) The claimant has the burden of presenting to the division all facts necessary in determining whether the claimant is entitled to compensation under this part. No claimant shall be entitled to compensation unless the claimant proves by a preponderance of the evidence every requirement under this part for entitlement to compensation, including, but not limited to, the following: (1) The occurrence of an offense as defined in § 29-13-104 ; (2) The offense proximately caused personal injury to or death of the victim; (3) The claimant is eligible for compensation pursuant to § 29-13-105 ; (4) The claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim where it is determined that the victim's cooperation may be or had been impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family; (5) The amount of losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 ; (6) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, that the claimant was a dependent of the victim within the meaning of § 29-13-102(5) ; and (7) The victim or a member of the victim's family reported the offense to the proper law enforcement authorities within the time prescribed in § 29-13-108(a) .
(1) The occurrence of an offense as defined in § 29-13-104 ;
(2) The offense proximately caused personal injury to or death of the victim;
(3) The claimant is eligible for compensation pursuant to § 29-13-105 ;
(4) The claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim where it is determined that the victim's cooperation may be or had been impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family;
(5) The amount of losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 ;
(6) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, that the claimant was a dependent of the victim within the meaning of § 29-13-102(5) ; and
(7) The victim or a member of the victim's family reported the offense to the proper law enforcement authorities within the time prescribed in § 29-13-108(a) .
(b) (1) The claimant must present written documentation to establish the facts required by subsection (a), including proof that an offense referenced in subdivision (a)(1) has occurred. (2) Such documentation must include, but is not limited to: (A) (i) Medical and funeral bills; (ii) Lost wage verifications; (iii) W-2 forms; or (iv) Death and birth certificates; and (B) Proof of an offense, which must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, including, but not limited to, the following: (i) A criminal conviction documenting the crime directly related to the claim filed; (ii) A law enforcement report documenting the commission of a crime; (iii) An information charging an individual with a crime filed by a prosecuting attorney; (iv) An indictment by a grand jury; (v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed; (vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed; (vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408 ; (viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed; (ix) A report from child protective services or another government agency; (x) A restraining order issued by a court; or (xi) Any other documentation requested by the division to show the commission of a crime.
(1) The claimant must present written documentation to establish the facts required by subsection (a), including proof that an offense referenced in subdivision (a)(1) has occurred.
(2) Such documentation must include, but is not limited to: (A) (i) Medical and funeral bills; (ii) Lost wage verifications; (iii) W-2 forms; or (iv) Death and birth certificates; and (B) Proof of an offense, which must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, including, but not limited to, the following: (i) A criminal conviction documenting the crime directly related to the claim filed; (ii) A law enforcement report documenting the commission of a crime; (iii) An information charging an individual with a crime filed by a prosecuting attorney; (iv) An indictment by a grand jury; (v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed; (vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed; (vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408 ; (viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed; (ix) A report from child protective services or another government agency; (x) A restraining order issued by a court; or (xi) Any other documentation requested by the division to show the commission of a crime.
(A) (i) Medical and funeral bills; (ii) Lost wage verifications; (iii) W-2 forms; or (iv) Death and birth certificates; and
(i) Medical and funeral bills;
(ii) Lost wage verifications;
(iii) W-2 forms; or
(iv) Death and birth certificates; and
(B) Proof of an offense, which must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, including, but not limited to, the following: (i) A criminal conviction documenting the crime directly related to the claim filed; (ii) A law enforcement report documenting the commission of a crime; (iii) An information charging an individual with a crime filed by a prosecuting attorney; (iv) An indictment by a grand jury; (v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed; (vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed; (vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408 ; (viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed; (ix) A report from child protective services or another government agency; (x) A restraining order issued by a court; or (xi) Any other documentation requested by the division to show the commission of a crime.
(i) A criminal conviction documenting the crime directly related to the claim filed;
(ii) A law enforcement report documenting the commission of a crime;
(iii) An information charging an individual with a crime filed by a prosecuting attorney;
(iv) An indictment by a grand jury;
(v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed;
(vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed;
(vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408 ;
(viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed;
(ix) A report from child protective services or another government agency;
(x) A restraining order issued by a court; or
(xi) Any other documentation requested by the division to show the commission of a crime.
Amended by 2024 Tenn. Acts, ch. 904,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 904,s 1, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 359, s 1, eff. 5/5/2023.
Acts 1993, ch. 494, § 4.
Tenn. Code Ann. § 29-5-324 — TN Code / Title 29 / Chapter 5 / Section 29-5-324
Vacating award
Status: in_force

(a) Upon a motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) The award was procured by corruption, fraud, or other undue means; (2) There was: (A) Evident partiality by an arbitrator appointed as a neutral arbitrator; (B) Corruption by an arbitrator; or (C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; (3) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 29-5-316 , so as to prejudice substantially the rights of a party to the arbitration proceeding; (4) An arbitrator exceeded the arbitrator's powers; (5) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 29-5-316(c) no later than the beginning of the arbitration hearing; or (6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in § 29-5-310 so as to prejudice substantially the rights of a party to the arbitration proceeding. (b) A motion under this section must be filed within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320 , or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321 , unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case, the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant. (c) If the court vacates an award on a ground other than that set forth in subdivision (a)(5), then the court may order a rehearing. If the award is vacated on a ground stated in subdivision (a)(1) or (a)(2), then the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subdivision (a)(3), (a)(4), or (a)(6), then the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in § 29-5-320(b) for an award. (d) If the court denies a motion to vacate an award, then the court must confirm the award, unless a motion to modify or correct the award is pending. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Upon a motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if: (1) The award was procured by corruption, fraud, or other undue means; (2) There was: (A) Evident partiality by an arbitrator appointed as a neutral arbitrator; (B) Corruption by an arbitrator; or (C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding; (3) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 29-5-316 , so as to prejudice substantially the rights of a party to the arbitration proceeding; (4) An arbitrator exceeded the arbitrator's powers; (5) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 29-5-316(c) no later than the beginning of the arbitration hearing; or (6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in § 29-5-310 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(1) The award was procured by corruption, fraud, or other undue means;
(2) There was: (A) Evident partiality by an arbitrator appointed as a neutral arbitrator; (B) Corruption by an arbitrator; or (C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(A) Evident partiality by an arbitrator appointed as a neutral arbitrator;
(B) Corruption by an arbitrator; or
(C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
(3) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 29-5-316 , so as to prejudice substantially the rights of a party to the arbitration proceeding;
(4) An arbitrator exceeded the arbitrator's powers;
(5) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 29-5-316(c) no later than the beginning of the arbitration hearing; or
(6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in § 29-5-310 so as to prejudice substantially the rights of a party to the arbitration proceeding.
(b) A motion under this section must be filed within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320 , or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321 , unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case, the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.
(c) If the court vacates an award on a ground other than that set forth in subdivision (a)(5), then the court may order a rehearing. If the award is vacated on a ground stated in subdivision (a)(1) or (a)(2), then the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subdivision (a)(3), (a)(4), or (a)(6), then the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in § 29-5-320(b) for an award.
(d) If the court denies a motion to vacate an award, then the court must confirm the award, unless a motion to modify or correct the award is pending.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-11-101 — TN Code / Title 29 / Chapter 11 / Section 29-11-101
Short title
Status: in_force

This chapter may be cited as the "Uniform Contribution Among Tort-Feasors Act." Acts 1968, ch. 575, § 1; T.C.A., § 23-3101.
This chapter may be cited as the "Uniform Contribution Among Tort-Feasors Act."
Acts 1968, ch. 575, § 1; T.C.A., § 23-3101.
Tenn. Code Ann. § 29-18-116 — TN Code / Title 29 / Chapter 18 / Section 29-18-116
Neglect to execute process
Status: in_force

Any officer neglecting or refusing to execute any process, under this chapter, shall forfeit two hundred fifty dollars ($250) to the party aggrieved, to be recovered with costs before any tribunal having jurisdiction thereof. Code 1858, § 3373; Shan., § 5123; Code 1932, § 9278; T.C.A. (orig. ed.), § 23-1616.
Any officer neglecting or refusing to execute any process, under this chapter, shall forfeit two hundred fifty dollars ($250) to the party aggrieved, to be recovered with costs before any tribunal having jurisdiction thereof.
Code 1858, § 3373; Shan., § 5123; Code 1932, § 9278; T.C.A. (orig. ed.), § 23-1616.
Tenn. Code Ann. § 29-40-120 — TN Code / Title 29 / Chapter 40 / Section 29-40-120
Notice of appointment - Claim against receivership - Distribution to creditors
Status: in_force

(a) Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by: (1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and (2) Publication as directed by the court. (b) (1) Except as otherwise provided in subsection (f), the notice required by subsection (a) must specify the date by which each creditor holding a claim against the owner that arose before appointment of the receiver must submit the claim to the receiver. (2) The date specified must be at least ninety (90) days after the later of notice under subdivision (a)(1) or last publication under subdivision (a)(2). (3) The court may extend the period for submitting the claim. (4) Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership. (c) A claim submitted by a creditor under this section must: (1) State the name and address of the creditor; (2) State the amount and basis of the claim; (3) Identify any property securing the claim; (4) Be signed by the creditor under penalty of perjury; and (5) Include a copy of any record on which the claim is based. (d) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record. (e) (1) At any time before entry of an order approving a receiver's final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection. (2) The court shall allow or disallow the claim according to the law of this state, other than this chapter. (f) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that: (1) The receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only such creditors as the court directs; and (2) Unsecured creditors need not submit claims under this section. (g) Subject to § 29-40-121 : (1) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor's priority under the law of this state, other than this chapter; and (2) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the law of this state, other than this chapter. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Except as otherwise provided in subsection (f), a receiver shall give notice of appointment of the receiver to creditors of the owner by: (1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and (2) Publication as directed by the court.
(1) Deposit for delivery through first-class mail or other commercially reasonable delivery method to the last known address of each creditor; and
(2) Publication as directed by the court.
(b) (1) Except as otherwise provided in subsection (f), the notice required by subsection (a) must specify the date by which each creditor holding a claim against the owner that arose before appointment of the receiver must submit the claim to the receiver. (2) The date specified must be at least ninety (90) days after the later of notice under subdivision (a)(1) or last publication under subdivision (a)(2). (3) The court may extend the period for submitting the claim. (4) Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.
(1) Except as otherwise provided in subsection (f), the notice required by subsection (a) must specify the date by which each creditor holding a claim against the owner that arose before appointment of the receiver must submit the claim to the receiver.
(2) The date specified must be at least ninety (90) days after the later of notice under subdivision (a)(1) or last publication under subdivision (a)(2).
(3) The court may extend the period for submitting the claim.
(4) Unless the court orders otherwise, a claim that is not submitted timely is not entitled to a distribution from the receivership.
(c) A claim submitted by a creditor under this section must: (1) State the name and address of the creditor; (2) State the amount and basis of the claim; (3) Identify any property securing the claim; (4) Be signed by the creditor under penalty of perjury; and (5) Include a copy of any record on which the claim is based.
(1) State the name and address of the creditor;
(2) State the amount and basis of the claim;
(3) Identify any property securing the claim;
(4) Be signed by the creditor under penalty of perjury; and
(5) Include a copy of any record on which the claim is based.
(d) An assignment by a creditor of a claim against the owner is effective against the receiver only if the assignee gives timely notice of the assignment to the receiver in a signed record.
(e) (1) At any time before entry of an order approving a receiver's final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection. (2) The court shall allow or disallow the claim according to the law of this state, other than this chapter.
(1) At any time before entry of an order approving a receiver's final report, the receiver may file with the court an objection to a claim of a creditor, stating the basis for the objection.
(2) The court shall allow or disallow the claim according to the law of this state, other than this chapter.
(f) If the court concludes that receivership property is likely to be insufficient to satisfy claims of each creditor holding a perfected lien on the property, the court may order that: (1) The receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only such creditors as the court directs; and (2) Unsecured creditors need not submit claims under this section.
(1) The receiver need not give notice under subsection (a) of the appointment to all creditors of the owner, but only such creditors as the court directs; and
(2) Unsecured creditors need not submit claims under this section.
(g) Subject to § 29-40-121 : (1) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor's priority under the law of this state, other than this chapter; and (2) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the law of this state, other than this chapter.
(1) A distribution of receivership property to a creditor holding a perfected lien on the property must be made in accordance with the creditor's priority under the law of this state, other than this chapter; and
(2) A distribution of receivership property to a creditor with an allowed unsecured claim must be made as the court directs according to the law of this state, other than this chapter.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-7-105 — TN Code / Title 29 / Chapter 7 / Section 29-7-105
Liability on instrument
Status: in_force

The garnishee shall not be made liable upon a debt due by negotiable or assignable paper, unless such paper is delivered, or the garnishee completely exonerated or indemnified from all liability thereon, after the garnishee may have satisfied the judgment or decree. Code 1858, § 3495; Shan., § 5255; Code 1932, § 9446; T.C.A. (orig. ed.), § 23-705.
The garnishee shall not be made liable upon a debt due by negotiable or assignable paper, unless such paper is delivered, or the garnishee completely exonerated or indemnified from all liability thereon, after the garnishee may have satisfied the judgment or decree.
Code 1858, § 3495; Shan., § 5255; Code 1932, § 9446; T.C.A. (orig. ed.), § 23-705.
Tenn. Code Ann. § 29-35-114 — TN Code / Title 29 / Chapter 35 / Section 29-35-114
Answer - Evidence in criminal actions
Status: in_force

The defendants appear and answer the bill in the usual way, and such answer shall not be read against them in any criminal prosecution brought against them, or either of them. Code 1858, § 3418 (deriv. Acts 1845-1846, ch. 55, § 9); Shan., §5174; Code 1932, § 9345; T.C.A. (orig. ed.), § 23-2814.
The defendants appear and answer the bill in the usual way, and such answer shall not be read against them in any criminal prosecution brought against them, or either of them.
Code 1858, § 3418 (deriv. Acts 1845-1846, ch. 55, § 9); Shan., §5174; Code 1932, § 9345; T.C.A. (orig. ed.), § 23-2814.
Tenn. Code Ann. § 29-6-129 — TN Code / Title 29 / Chapter 6 / Section 29-6-129
Territorial application of process
Status: in_force

The process of attachment issues against the property of the defendant wherever the same may be found. Code 1858, § 3464 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5224; Code 1932, § 9411; T.C.A. (orig. ed.), § 23-629.
The process of attachment issues against the property of the defendant wherever the same may be found.
Code 1858, § 3464 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5224; Code 1932, § 9411; T.C.A. (orig. ed.), § 23-629.
Tenn. Code Ann. § 29-22-104 — TN Code / Title 29 / Chapter 22 / Section 29-22-104
Impairment of lien - Damages
Status: in_force

(a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such lien unless the lienholder shall join therein or execute a release of the lien. (b) (1) Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this chapter shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance. (2) Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien. (3) Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder. Acts 1970, ch. 527, § 4; T.C.A., § 23-3204.
(a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such lien unless the lienholder shall join therein or execute a release of the lien.
(b) (1) Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this chapter shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance. (2) Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien. (3) Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder.
(1) Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this chapter shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance.
(2) Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien.
(3) Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder.
Acts 1970, ch. 527, § 4; T.C.A., § 23-3204.
Tenn. Code Ann. § 29-6-126 — TN Code / Title 29 / Chapter 6 / Section 29-6-126
Summons on original attachment
Status: in_force

In all suits commenced by original attachment in any court of record, or before a general sessions judge, it shall be the duty of the clerk issuing the attachment, upon application of the plaintiff, to issue a summons also against the defendant for the same cause of action, and if the summons is executed on the defendant, or when the officer returns on the summons that the officer has levied the writ of attachment, but returns on the summons accompanying the writ of attachment that the defendant is not to be found, the plaintiff may sue out alias and pluries summons, directed to the county where the defendant resides, to have service upon the defendant; and if the summons is executed, no publication shall be made, and there shall be no stay of judgment as required by law in attachment cases where the defendant is made a party by attachment and publication only. The summons shall be in the usual form, and, in addition, shall notify the defendant that an original attachment suit has been commenced against the defendant, and shall be returned to the same court as the attachment. Acts 1871, ch. 134, §§ 1, 2; 1895, ch. 68; integrated in Shan., §§ 5222, 5223; Code 1932, §§ 9409, 9410; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-626.
In all suits commenced by original attachment in any court of record, or before a general sessions judge, it shall be the duty of the clerk issuing the attachment, upon application of the plaintiff, to issue a summons also against the defendant for the same cause of action, and if the summons is executed on the defendant, or when the officer returns on the summons that the officer has levied the writ of attachment, but returns on the summons accompanying the writ of attachment that the defendant is not to be found, the plaintiff may sue out alias and pluries summons, directed to the county where the defendant resides, to have service upon the defendant; and if the summons is executed, no publication shall be made, and there shall be no stay of judgment as required by law in attachment cases where the defendant is made a party by attachment and publication only. The summons shall be in the usual form, and, in addition, shall notify the defendant that an original attachment suit has been commenced against the defendant, and shall be returned to the same court as the attachment.
Acts 1871, ch. 134, §§ 1, 2; 1895, ch. 68; integrated in Shan., §§ 5222, 5223; Code 1932, §§ 9409, 9410; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-626.
Tenn. Code Ann. § 29-32-106 — TN Code / Title 29 / Chapter 32 / Section 29-32-106
Service of writ
Status: in_force

The writ of scire facias is served by reading, or offering to read, the contents of such writ to the person on whom it is to be executed. Code 1858, § 3582 (deriv. Acts 1801, ch. 12, § 2); Shan., § 5346; Code 1932, § 9506; T.C.A. (orig. ed.), § 23-2506.
The writ of scire facias is served by reading, or offering to read, the contents of such writ to the person on whom it is to be executed.
Code 1858, § 3582 (deriv. Acts 1801, ch. 12, § 2); Shan., § 5346; Code 1932, § 9506; T.C.A. (orig. ed.), § 23-2506.
Tenn. Code Ann. § 29-17-602 — TN Code / Title 29 / Chapter 17 / Section 29-17-602
Damages payable by geodetic survey
Status: in_force

If the person over whose lands the survey has been made, or upon whose lands monuments, stations, or buildings have been erected, or who has in any way sustained damage by such survey, cannot agree with the officer of the survey as to the damage sustained, the amount of such damage may be ascertained in the manner provided for the taking of private property for public uses. Acts 1877, ch. 24, § 2; Shan., § 1878; mod. Code 1932, § 3143; T.C.A. (orig. ed.), § 23-1512; T.C.A. § 29-17-502 ; Acts 2006, ch. 863, § 1.
If the person over whose lands the survey has been made, or upon whose lands monuments, stations, or buildings have been erected, or who has in any way sustained damage by such survey, cannot agree with the officer of the survey as to the damage sustained, the amount of such damage may be ascertained in the manner provided for the taking of private property for public uses.
Acts 1877, ch. 24, § 2; Shan., § 1878; mod. Code 1932, § 3143; T.C.A. (orig. ed.), § 23-1512; T.C.A. § 29-17-502 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-13-411 — TN Code / Title 29 / Chapter 13 / Section 29-13-411
Acts in derogation of part
Status: in_force

Any action taken by the defendant, whether by way of execution of a power of attorney, creation of corporate identity or otherwise, to defeat the purpose of this part is void as against the public policy of the state. Acts 1994, ch. 1003, § 11.
Any action taken by the defendant, whether by way of execution of a power of attorney, creation of corporate identity or otherwise, to defeat the purpose of this part is void as against the public policy of the state.
Acts 1994, ch. 1003, § 11.
Tenn. Code Ann. § 29-6-108 — TN Code / Title 29 / Chapter 6 / Section 29-6-108
Property of nonresidents
Status: in_force

No judicial attachment shall issue against the estate of any person residing without the limits of the state, unless such process is grounded on an original attachment, or unless the leading process in the suit has been executed on the person of the defendant when within the state. Code 1858, § 3468 (deriv. Acts 1794, ch. 1, § 23); Shan., § 5228; Code 1932, § 9415; T.C.A. (orig. ed.), § 23-608.
No judicial attachment shall issue against the estate of any person residing without the limits of the state, unless such process is grounded on an original attachment, or unless the leading process in the suit has been executed on the person of the defendant when within the state.
Code 1858, § 3468 (deriv. Acts 1794, ch. 1, § 23); Shan., § 5228; Code 1932, § 9415; T.C.A. (orig. ed.), § 23-608.
Tenn. Code Ann. § 29-6-154 — TN Code / Title 29 / Chapter 6 / Section 29-6-154
Judgment against defendant and sureties
Status: in_force

The court may enter up judgment or decree upon the bond, in the event of recovery by the plaintiff, against the defendant and the defendant's sureties, for the penalty of the bond, to be satisfied by delivery of the property, or its value, or payment of the recovery, as the case may be. Code 1858, § 3514; Shan., § 5274; mod. Code 1932, §9465; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-654.
The court may enter up judgment or decree upon the bond, in the event of recovery by the plaintiff, against the defendant and the defendant's sureties, for the penalty of the bond, to be satisfied by delivery of the property, or its value, or payment of the recovery, as the case may be.
Code 1858, § 3514; Shan., § 5274; mod. Code 1932, §9465; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-654.
Tenn. Code Ann. § 29-34-209 — TN Code / Title 29 / Chapter 34 / Section 29-34-209
Immunity for forcible entry of a motor vehicle to remove minor or animal
Status: in_force

(a) A person whose conduct conforms to the requirements of subsection (b) shall be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing a minor or an animal from the vehicle. (b) Subsection (a) applies if the person: (1) Determines the vehicle is locked or there is otherwise no reasonable method for the minor or animal to exit the vehicle; (2) Has a good faith belief that forcible entry into the vehicle is necessary because the minor or animal is in imminent danger of suffering harm if not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one; (3) Has contacted either the local law enforcement agency, the fire department, or a 911 operator prior to forcibly entering the vehicle; (4) Places a notice on the vehicle's windshield with the person's contact information, the reason the entry was made, the location of the minor or animal, and the fact that the authorities have been notified; (5) Remains with the minor or animal in a safe location, out of the elements but reasonably close to the vehicle, until law enforcement, fire, or another emergency responder arrives; and (6) Used no more force to enter the vehicle and remove the child or animal from the vehicle than was necessary under the circumstances. (c) Nothing in this section shall affect the person's civil liability if the person attempts to render aid to the minor or animal in addition to what is authorized by this section. Amended by 2015 Tenn. Acts, ch. 166,s 1, eff. 7/1/2015. Added by 2014 Tenn. Acts, ch. 788,s 1, eff. 7/1/2014.
(a) A person whose conduct conforms to the requirements of subsection (b) shall be immune from civil liability for any damage resulting from the forcible entry of a motor vehicle for the purpose of removing a minor or an animal from the vehicle.
(b) Subsection (a) applies if the person: (1) Determines the vehicle is locked or there is otherwise no reasonable method for the minor or animal to exit the vehicle; (2) Has a good faith belief that forcible entry into the vehicle is necessary because the minor or animal is in imminent danger of suffering harm if not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one; (3) Has contacted either the local law enforcement agency, the fire department, or a 911 operator prior to forcibly entering the vehicle; (4) Places a notice on the vehicle's windshield with the person's contact information, the reason the entry was made, the location of the minor or animal, and the fact that the authorities have been notified; (5) Remains with the minor or animal in a safe location, out of the elements but reasonably close to the vehicle, until law enforcement, fire, or another emergency responder arrives; and (6) Used no more force to enter the vehicle and remove the child or animal from the vehicle than was necessary under the circumstances.
(1) Determines the vehicle is locked or there is otherwise no reasonable method for the minor or animal to exit the vehicle;
(2) Has a good faith belief that forcible entry into the vehicle is necessary because the minor or animal is in imminent danger of suffering harm if not immediately removed from the vehicle and, based upon the circumstances known to the person at the time, the belief is a reasonable one;
(3) Has contacted either the local law enforcement agency, the fire department, or a 911 operator prior to forcibly entering the vehicle;
(4) Places a notice on the vehicle's windshield with the person's contact information, the reason the entry was made, the location of the minor or animal, and the fact that the authorities have been notified;
(5) Remains with the minor or animal in a safe location, out of the elements but reasonably close to the vehicle, until law enforcement, fire, or another emergency responder arrives; and
(6) Used no more force to enter the vehicle and remove the child or animal from the vehicle than was necessary under the circumstances.
(c) Nothing in this section shall affect the person's civil liability if the person attempts to render aid to the minor or animal in addition to what is authorized by this section.
Amended by 2015 Tenn. Acts, ch. 166,s 1, eff. 7/1/2015.
Added by 2014 Tenn. Acts, ch. 788,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 29-20-201 — TN Code / Title 29 / Chapter 20 / Section 29-20-201
General rule of immunity from suit - Exception
Status: in_force

(a) Except as may be otherwise provided in this chapter, all governmental entities shall be immune from suit for any injury which may result from the activities of such governmental entities wherein such governmental entities are engaged in the exercise and discharge of any of their functions, governmental or proprietary. (b) (1) The general assembly finds and declares that the services of governmental entity boards, commissions, authorities and other governing agencies are critical to the efficient conduct and management of the public affairs of the citizens of this state. Complete and absolute immunity is required for the free exercise and discharge of the duties of such boards, commissions, authorities and other governing agencies. Members of boards, commissions, authorities, and other governing agencies must be permitted to operate without concern for the possibility of litigation arising from the faithful discharge of their duties. (2) All members of boards, commissions, agencies, authorities, and other governing bodies of any governmental entity, created by public or private act, whether compensated or not, shall be immune from suit arising from the conduct of the affairs of such board, commission, agency, authority, or other governing body. Such immunity from suit shall be removed when such conduct amounts to willful, wanton, or gross negligence. (c) When immunity is removed by this chapter any claim for damages must be brought in strict compliance with the terms of this chapter. (d) Notwithstanding this chapter or any other law to the contrary, a governmental entity that places and properly maintains a clearly visible and adequate flood warning sign or barricade at a flooded road area shall be immune from suit for any injury resulting from a violation of § 55-10-205(c) . The immunity from suit shall be removed when the governmental entity's conduct amounts to willful, wanton, or gross negligence. It shall be deemed gross negligence if an authorized government employee signaled the motor vehicle operator that it was safe to drive past the sign or barricade and the operator or any passengers in the operator's motor vehicle were injured or killed in the flooded road area due to the employee's signaling the motor vehicle to drive past the sign or barricade. Acts 1973, ch. 345, § 3; T.C.A., § 23-3307; Acts 1986, ch. 726, §§ 1, 2; 2008 , ch. 986, § 2.
(a) Except as may be otherwise provided in this chapter, all governmental entities shall be immune from suit for any injury which may result from the activities of such governmental entities wherein such governmental entities are engaged in the exercise and discharge of any of their functions, governmental or proprietary.
(b) (1) The general assembly finds and declares that the services of governmental entity boards, commissions, authorities and other governing agencies are critical to the efficient conduct and management of the public affairs of the citizens of this state. Complete and absolute immunity is required for the free exercise and discharge of the duties of such boards, commissions, authorities and other governing agencies. Members of boards, commissions, authorities, and other governing agencies must be permitted to operate without concern for the possibility of litigation arising from the faithful discharge of their duties. (2) All members of boards, commissions, agencies, authorities, and other governing bodies of any governmental entity, created by public or private act, whether compensated or not, shall be immune from suit arising from the conduct of the affairs of such board, commission, agency, authority, or other governing body. Such immunity from suit shall be removed when such conduct amounts to willful, wanton, or gross negligence.
(1) The general assembly finds and declares that the services of governmental entity boards, commissions, authorities and other governing agencies are critical to the efficient conduct and management of the public affairs of the citizens of this state. Complete and absolute immunity is required for the free exercise and discharge of the duties of such boards, commissions, authorities and other governing agencies. Members of boards, commissions, authorities, and other governing agencies must be permitted to operate without concern for the possibility of litigation arising from the faithful discharge of their duties.
(2) All members of boards, commissions, agencies, authorities, and other governing bodies of any governmental entity, created by public or private act, whether compensated or not, shall be immune from suit arising from the conduct of the affairs of such board, commission, agency, authority, or other governing body. Such immunity from suit shall be removed when such conduct amounts to willful, wanton, or gross negligence.
(c) When immunity is removed by this chapter any claim for damages must be brought in strict compliance with the terms of this chapter.
(d) Notwithstanding this chapter or any other law to the contrary, a governmental entity that places and properly maintains a clearly visible and adequate flood warning sign or barricade at a flooded road area shall be immune from suit for any injury resulting from a violation of § 55-10-205(c) . The immunity from suit shall be removed when the governmental entity's conduct amounts to willful, wanton, or gross negligence. It shall be deemed gross negligence if an authorized government employee signaled the motor vehicle operator that it was safe to drive past the sign or barricade and the operator or any passengers in the operator's motor vehicle were injured or killed in the flooded road area due to the employee's signaling the motor vehicle to drive past the sign or barricade.
Acts 1973, ch. 345, § 3; T.C.A., § 23-3307; Acts 1986, ch. 726, §§ 1, 2; 2008 , ch. 986, § 2.
Tenn. Code Ann. § 29-10-103 — TN Code / Title 29 / Chapter 10 / Section 29-10-103
Enforcement of chapter
Status: in_force

(a) The attorney general and reporter shall have the authority to enforce this chapter and conduct civil investigations and bring civil actions, as provided in § 8-6-109 ; title 8, chapter 6, part 4; and §§ 47-18-106 and 47-18-108 . (b) In an action brought by the attorney general under this chapter, the court may award or impose any relief available under § 29-10-104 or title 47, chapter 18. (c) In addition to the relief provided for in § 29-10-104 , upon a motion by the attorney general and reporter and a finding by the court that there is a reasonable likelihood that a person violated § 29-10-102 , the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing shall be held if either party requests a hearing. Acts 2014 , ch. 879, § 1.
(a) The attorney general and reporter shall have the authority to enforce this chapter and conduct civil investigations and bring civil actions, as provided in § 8-6-109 ; title 8, chapter 6, part 4; and §§ 47-18-106 and 47-18-108 .
(b) In an action brought by the attorney general under this chapter, the court may award or impose any relief available under § 29-10-104 or title 47, chapter 18.
(c) In addition to the relief provided for in § 29-10-104 , upon a motion by the attorney general and reporter and a finding by the court that there is a reasonable likelihood that a person violated § 29-10-102 , the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing shall be held if either party requests a hearing.
Acts 2014 , ch. 879, § 1.
Tenn. Code Ann. § 29-13-104 — TN Code / Title 29 / Chapter 13 / Section 29-13-104
Offenses to which compensation applies
Status: in_force

Payment of compensation shall be made to the claimant in accordance with this chapter for personal injury to or death of the victim which resulted from: (1) An act committed in this state, which, if committed by a mentally competent, criminally responsible adult, would constitute a crime under state or federal law; provided, that an injury or death inflicted through the use of a motor vehicle or watercraft shall be eligible for compensation under this chapter only under the following circumstances: (A) Evidence submitted clearly shows that the operator of the motor vehicle or watercraft directly causing the death or injury was acting with criminal intent to intentionally inflict injury or death; (B) The operator of the motor vehicle or watercraft directly causing the death or injury was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; provided, that claims for any personal injury or loss alleged to have been incurred as a result of the personal injury or death of a passenger in such a motor vehicle or watercraft shall be subject to § 29-13-119 ; or (C) The crime involved the failure to stop at the scene of an accident in violation of § 55-10-101 , which directly resulted in serious bodily injury or death to the victim; and the evidence shows that the operator of the motor vehicle knew or reasonably should have known that death or serious bodily injury had occurred; (2) An attempt to prevent or the actual prevention of a crime or an attempted crime under state or federal law in this state which the victim reasonably believed had occurred or was about to occur; (3) The apprehending of an individual who had committed a felony in the presence of the victim, if, under the circumstances, the victim could have reasonably believed that a felony had occurred; or (4) Any of the foregoing acts committed or taken in another state if the victim was a resident of this state at the time the crime or act occurred and the claimant's request for compensation from the state in which the crime or act occurred is not honored. Acts 1976, ch. 736, § 4; T.C.A., §§ 23-3504, 23-35-104; Acts 1985, ch. 278, §§ 2, 3; 1985, ch. 403, § 1; 1986, ch. 834, § 9; 1986, ch. 911, § 3; 1987, ch. 110, § 1; 1989, ch. 129, §§ 2, 3; 1990, ch. 755, §§ 1-3; 1992, ch. 761, § 2; 1997 , ch. 302, §§ 2, 3; 2001, ch. 445, § 1; 2007 , ch. 211, § 1; 2008 , ch. 1043, § 1.
Payment of compensation shall be made to the claimant in accordance with this chapter for personal injury to or death of the victim which resulted from:
(1) An act committed in this state, which, if committed by a mentally competent, criminally responsible adult, would constitute a crime under state or federal law; provided, that an injury or death inflicted through the use of a motor vehicle or watercraft shall be eligible for compensation under this chapter only under the following circumstances: (A) Evidence submitted clearly shows that the operator of the motor vehicle or watercraft directly causing the death or injury was acting with criminal intent to intentionally inflict injury or death; (B) The operator of the motor vehicle or watercraft directly causing the death or injury was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; provided, that claims for any personal injury or loss alleged to have been incurred as a result of the personal injury or death of a passenger in such a motor vehicle or watercraft shall be subject to § 29-13-119 ; or (C) The crime involved the failure to stop at the scene of an accident in violation of § 55-10-101 , which directly resulted in serious bodily injury or death to the victim; and the evidence shows that the operator of the motor vehicle knew or reasonably should have known that death or serious bodily injury had occurred;
(A) Evidence submitted clearly shows that the operator of the motor vehicle or watercraft directly causing the death or injury was acting with criminal intent to intentionally inflict injury or death;
(B) The operator of the motor vehicle or watercraft directly causing the death or injury was operating the motor vehicle or watercraft as is prohibited by § 55-10-401 ; provided, that claims for any personal injury or loss alleged to have been incurred as a result of the personal injury or death of a passenger in such a motor vehicle or watercraft shall be subject to § 29-13-119 ; or
(C) The crime involved the failure to stop at the scene of an accident in violation of § 55-10-101 , which directly resulted in serious bodily injury or death to the victim; and the evidence shows that the operator of the motor vehicle knew or reasonably should have known that death or serious bodily injury had occurred;
(2) An attempt to prevent or the actual prevention of a crime or an attempted crime under state or federal law in this state which the victim reasonably believed had occurred or was about to occur;
(3) The apprehending of an individual who had committed a felony in the presence of the victim, if, under the circumstances, the victim could have reasonably believed that a felony had occurred; or
(4) Any of the foregoing acts committed or taken in another state if the victim was a resident of this state at the time the crime or act occurred and the claimant's request for compensation from the state in which the crime or act occurred is not honored.
Acts 1976, ch. 736, § 4; T.C.A., §§ 23-3504, 23-35-104; Acts 1985, ch. 278, §§ 2, 3; 1985, ch. 403, § 1; 1986, ch. 834, § 9; 1986, ch. 911, § 3; 1987, ch. 110, § 1; 1989, ch. 129, §§ 2, 3; 1990, ch. 755, §§ 1-3; 1992, ch. 761, § 2; 1997 , ch. 302, §§ 2, 3; 2001, ch. 445, § 1; 2007 , ch. 211, § 1; 2008 , ch. 1043, § 1.
Tenn. Code Ann. § 29-16-112 — TN Code / Title 29 / Chapter 16 / Section 29-16-112
Swearing of jury
Status: in_force

The jury, before proceeding to act, shall be sworn by the sheriff, fairly and impartially, without favor or affection, to lay off, by metes and bounds, the land required for the proposed improvement, and to inquire and assess the damages. Code 1858, § 1336; Shan., § 1855; Code 1932, § 3120; T.C.A. (orig. ed.), § 23-1412.
The jury, before proceeding to act, shall be sworn by the sheriff, fairly and impartially, without favor or affection, to lay off, by metes and bounds, the land required for the proposed improvement, and to inquire and assess the damages.
Code 1858, § 1336; Shan., § 1855; Code 1932, § 3120; T.C.A. (orig. ed.), § 23-1412.
Tenn. Code Ann. § 29-37-103 — TN Code / Title 29 / Chapter 37 / Section 29-37-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Fees and other expenses" means those reasonable attorney's fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney's fees or salary paid by a unit of local, state, or federal government for the attorney's services in the case; (2) "Local government" means an incorporated municipality or county or subdivision of either; (3) (A) "Small business" means a business entity that is: (i) A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed; (ii) A sole proprietor of an unincorporated business that meets each of the following conditions: (a) Whose annual gross receipts do not exceed one million dollars ($1,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than fifteen (15) persons on a full- time basis on the date the civil action was filed; or (iii) A partnership or corporation that meets each of the following conditions: (a) Whose annual gross receipts do not exceed two million dollars ($2,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than thirty (30) persons on a full- time basis on the date the civil action was filed; and (B) "Small business" also includes any neighborhood or homeowners' association which is an entity that: (i) Is not-for-profit; (ii) Is supported solely by contributions, membership fees assessed to residents of a defined geographical area and/or fund-raising activities sponsored by the association; and (iii) Does not employ more than ten (10) persons on a full-time basis on the date the civil action was filed; and (4) "State agency" means any entity of the state as defined in § 4-5-102 . Acts 1984, ch. 495, § 3; 1989, ch. 365, §§ 1, 15.
As used in this chapter, unless the context otherwise requires:
(1) "Fees and other expenses" means those reasonable attorney's fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney's fees or salary paid by a unit of local, state, or federal government for the attorney's services in the case;
(2) "Local government" means an incorporated municipality or county or subdivision of either;
(3) (A) "Small business" means a business entity that is: (i) A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed; (ii) A sole proprietor of an unincorporated business that meets each of the following conditions: (a) Whose annual gross receipts do not exceed one million dollars ($1,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than fifteen (15) persons on a full- time basis on the date the civil action was filed; or (iii) A partnership or corporation that meets each of the following conditions: (a) Whose annual gross receipts do not exceed two million dollars ($2,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than thirty (30) persons on a full- time basis on the date the civil action was filed; and (B) "Small business" also includes any neighborhood or homeowners' association which is an entity that: (i) Is not-for-profit; (ii) Is supported solely by contributions, membership fees assessed to residents of a defined geographical area and/or fund-raising activities sponsored by the association; and (iii) Does not employ more than ten (10) persons on a full-time basis on the date the civil action was filed; and
(A) "Small business" means a business entity that is: (i) A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed; (ii) A sole proprietor of an unincorporated business that meets each of the following conditions: (a) Whose annual gross receipts do not exceed one million dollars ($1,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than fifteen (15) persons on a full- time basis on the date the civil action was filed; or (iii) A partnership or corporation that meets each of the following conditions: (a) Whose annual gross receipts do not exceed two million dollars ($2,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than thirty (30) persons on a full- time basis on the date the civil action was filed; and
(i) A natural person who is licensed by one (1) or more state agencies or boards and whose claim under this chapter arises from such licensing, but the person shall not have a net worth of more than three hundred thousand dollars ($300,000) at the time the civil action is filed;
(ii) A sole proprietor of an unincorporated business that meets each of the following conditions: (a) Whose annual gross receipts do not exceed one million dollars ($1,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than fifteen (15) persons on a full- time basis on the date the civil action was filed; or
(a) Whose annual gross receipts do not exceed one million dollars ($1,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and
(b) Who does not employ more than fifteen (15) persons on a full- time basis on the date the civil action was filed; or
(iii) A partnership or corporation that meets each of the following conditions: (a) Whose annual gross receipts do not exceed two million dollars ($2,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and (b) Who does not employ more than thirty (30) persons on a full- time basis on the date the civil action was filed; and
(a) Whose annual gross receipts do not exceed two million dollars ($2,000,000) during the twelve (12) months immediately preceding the date the civil action was filed; and
(b) Who does not employ more than thirty (30) persons on a full- time basis on the date the civil action was filed; and
(B) "Small business" also includes any neighborhood or homeowners' association which is an entity that: (i) Is not-for-profit; (ii) Is supported solely by contributions, membership fees assessed to residents of a defined geographical area and/or fund-raising activities sponsored by the association; and (iii) Does not employ more than ten (10) persons on a full-time basis on the date the civil action was filed; and
(i) Is not-for-profit;
(ii) Is supported solely by contributions, membership fees assessed to residents of a defined geographical area and/or fund-raising activities sponsored by the association; and
(iii) Does not employ more than ten (10) persons on a full-time basis on the date the civil action was filed; and
(4) "State agency" means any entity of the state as defined in § 4-5-102 .
Acts 1984, ch. 495, § 3; 1989, ch. 365, §§ 1, 15.
Tenn. Code Ann. § 29-6-128 — TN Code / Title 29 / Chapter 6 / Section 29-6-128
Amount of property attached
Status: in_force

The writ of attachment should direct so much of the property of the defendant to be attached as will be sufficient to satisfy the plaintiff's debt or demand, and all costs. Code 1858, § 3497; Shan., § 5257; Code 1932, § 9448; T.C.A. (orig. ed.), § 23-628.
The writ of attachment should direct so much of the property of the defendant to be attached as will be sufficient to satisfy the plaintiff's debt or demand, and all costs.
Code 1858, § 3497; Shan., § 5257; Code 1932, § 9448; T.C.A. (orig. ed.), § 23-628.
Tenn. Code Ann. § 29-14-112 — TN Code / Title 29 / Chapter 14 / Section 29-14-112
Review
Status: in_force

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees. Acts 1923, ch. 29, § 7; Shan. Supp., § 4726a7; Code 1932, §8841; T.C.A. (orig. ed.), § 23-1112.
All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
Acts 1923, ch. 29, § 7; Shan. Supp., § 4726a7; Code 1932, §8841; T.C.A. (orig. ed.), § 23-1112.
Tenn. Code Ann. § 29-27-115 — TN Code / Title 29 / Chapter 27 / Section 29-27-115
Oath of commissioners
Status: in_force

The commissioners, before proceeding to the execution of their duty, shall be severally sworn, by the clerk, the officer summoning them, the county surveyor, the deputy, or any general sessions judge, to do justice among the parties, to the best of their skill and abilities, according to the directions of the court. Code 1858, § 3280 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5028; Code 1932, § 9183; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2118.
The commissioners, before proceeding to the execution of their duty, shall be severally sworn, by the clerk, the officer summoning them, the county surveyor, the deputy, or any general sessions judge, to do justice among the parties, to the best of their skill and abilities, according to the directions of the court.
Code 1858, § 3280 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5028; Code 1932, § 9183; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2118.
Tenn. Code Ann. § 29-16-116 — TN Code / Title 29 / Chapter 16 / Section 29-16-116
Confirmation of report
Status: in_force

If no objection is made to the report, it is confirmed by the court, and the land decreed to the petitioner, upon payment to the defendants, or to the clerk for their use, of the damages assessed, with costs. Code 1858, § 1340 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1859; Code 1932, § 3124; T.C.A. (orig. ed.), § 23-1416.
If no objection is made to the report, it is confirmed by the court, and the land decreed to the petitioner, upon payment to the defendants, or to the clerk for their use, of the damages assessed, with costs.
Code 1858, § 1340 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1859; Code 1932, § 3124; T.C.A. (orig. ed.), § 23-1416.
Tenn. Code Ann. § 29-20-401 — TN Code / Title 29 / Chapter 20 / Section 29-20-401
§ 29-20-401
Status: in_force

(a) Any governmental entity may create and maintain a reserve or special fund for the purpose of making payment of claims against it payable pursuant to this chapter or for the purpose of purchasing liability insurance to protect it from any and all risks created by this chapter.

(b)(1) Any two (2) or more governmental entities are hereby granted the power, any provision of law to the contrary notwithstanding, to enter into an agreement or agreements with one another for joint or cooperative action to pool their financial and administrative resources for the purpose of providing to the participating governmental entities risk management, insurance, reinsurance, which is defined to mean reinsurance by an entity created under this section, self-insurance, or any combination thereof for any and all of the areas of liability or insurability, or both, for such governmental entities, including, but not limited to, the liabilities created by this chapter (including general and professional liabilities), liabilities under the workers' compensation law, liabilities under the unemployment compensation law, and motor vehicle insurance. All such agreements shall be made pursuant to title 12, chapter 9. (2) The power to enter into agreements hereunder specifically includes the power to establish a separate legal or administrative entity or entities to effectuate such agreements or, if no separate legal or administrative entity or entities are established, to designate an administrator of the pooled financial and administrative resources. An entity so established, or an administrator so designated, shall be deemed to have been appointed by the governing body of the governmental entity for the purposes of § 29-20-309 , and this appointment shall not be considered as a violation of the provision of § 12-9-104(a) dealing with the powers, privileges or authority of officers of political subdivisions. (3) Each such agreement shall be approved by appropriate resolution or as otherwise permitted by the laws of the participating governmental entities before any such agreement shall be effective or binding. (4) In addition to those items included in any such agreement pursuant to § 12-9-104(c) , the agreement may specify: the nature and scope of insurance coverage and coverages to be provided; the method and methods by which coverage and coverages are to be extended, contributions (which term shall include all premiums or assessments) levied and paid, claims administered and defended against; the procedures by which financial reserves shall be established and maintained; and, any other provisions necessary for proper administration of the pooled resources. (5) Such agreements may provide for the pooling of losses and any other expenses so that any or all of the funds contributed by a participating governmental entity may be used to pay claims against or with respect to any of the other participating governmental entities and any costs or expenses, or both, relative to any entity authorized by this part. The general assembly hereby finds and determines that all contributions of financial and administrative resources made pursuant to an agreement as authorized herein are made for a public and governmental purpose and that all such contributions benefit the contributing governmental entity.

(c)(1) Any governmental entity choosing to create and maintain a special fund, or to enter into an agreement, as authorized in this section for the purpose of insuring against the liabilities created by this chapter, shall be deemed to be electing to self-insure against the liabilities established in this chapter and shall, therefore, have the same limits of liability as if the minimum limits of liability established in § 29-20-403 had been purchased. (2) Should any governmental entity choose to enter into an agreement for the purpose of insuring for the liabilities of the Workers' Compensation Law, as authorized in this section, it shall be deemed to have accepted the Workers' Compensation Law pursuant to § 50-6-106(5) , and it shall be deemed to have insured for such liabilities with an association, organization or corporation authorized to transact the business of workers' compensation insurance pursuant to § 50-6-405(a)(1) . Certificates of compliance issued by the legal or administrative entity created by the agreement between the governmental entities for this purpose shall be accepted by the department of labor and workforce development.

(d)(1) No special fund established by an agreement authorized under this section and under title 12, chapter 9, shall be considered as an “insurance company” nor shall any contribution of financial or administrative resources to such a special fund be considered a “premium” or “gross premium” under title 56 for any purpose, including regulation and taxation. (2) There shall be maintained in any special fund created pursuant to this section such an amount of reserve funds as is deemed adequate by the department in accordance with reserve standards applicable to private insurance companies pursuant to title 56. The department of commerce and insurance is authorized to charge reasonable fees to cover expenses incurred in the course of investigations and audits conducted for the purpose of making this determination, and is authorized to promulgate such rules and regulations necessary to accomplish the purposes of this subsection (d).

(e) Any special fund or legal or administrative entity created pursuant to this part shall have the power to reinsure, in whole or in part, any of the areas of liability or insurability of governmental entities or governmental employees. Notwithstanding any other law to the contrary, this power to reinsure may be exercised through the creation, operation, or ownership, in whole or in part, of reinsuring entities, or by entering into contracts or treaties of reinsurance with reinsuring entities, or by any combination thereof; provided, that the reinsuring entity is lawfully created under the laws of its jurisdiction. Any reinsuring entity created pursuant to this part may be created only by governmental entities as defined in this chapter or by an entity created by governmental entities pursuant to this part and the Interlocal Cooperation Act, compiled in title 12, chapter 9. Any such reinsuring entity may reinsure only any areas of liability or insurability of governmental entities or governmental employees.

(f)(1) Any legal or administrative entity created by an agreement between governmental entities to pool their resources to provide workers' compensation coverage is entitled to participate in the subsequent injury and vocational recovery fund established in § 50-6-208 upon the payment to the department of labor and workforce development of an annual fee. The annual fee shall be a percentage of the total financial contributions for workers' compensation coverage received from participating governmental entities and earned during a calendar year. The percentage shall equal the percentage of insurance company premiums, as measured by the premium tax, allocated and paid out by the subsequent injury and vocational recovery fund pursuant to § 50-6-208(b) and (c) , during the same year, subject to a maximum of two percent (2%). (2) If any such legal or administrative entity participates in the subsequent injury and vocational recovery fund as provided herein and then ceases participation, either the subsequent injury and vocational recovery fund shall remain liable for a claim for injuries to an employee insured by the entity that occurred prior to the termination of participation and for which benefits had not been paid prior to the termination; provided, that the legal or administrative entity shall promptly reimburse the subsequent injury and vocational recovery fund for the actual amount of any such benefits subsequently paid by the subsequent injury and vocational recovery fund; or, within thirty (30) days of the cessation of such participation, the legal and administrative entity may elect to assume complete liability for such a claim. This assumption shall release the subsequent injury and vocational recovery fund from any duty to defend or liability, but in either case, the recovery by any employee shall not be reduced or defeated.

(g)(1) An insurance pool, special fund, reserve fund, or legal or administrative entity administering any such pool or fund created and authorized under this section must be audited annually by the comptroller of the treasury or the comptroller's designee. The commissioner of commerce and insurance shall assist the comptroller in the audit upon the written request by the comptroller. (2) The comptroller of the treasury is authorized to charge reasonable fees to cover expenses incurred by the comptroller or the commissioner of commerce and insurance in the course of audits or investigations pursuant to this section. (3) Any information obtained by or disclosed to the commissioner of commerce and insurance pursuant to an examination, audit or investigation conducted under this chapter shall be confidential and shall not be disclosed to the public. Any information obtained by or disclosed to the comptroller shall be considered working papers of the comptroller and, therefore, are confidential. Furthermore, the commissioner of commerce and insurance shall not disclose any information relating to the reserving of particular claims, if disclosure would likely prejudice the fund in settling the claim; provided, however, that this shall not apply to any examination report, audit or investigative report prepared by the commissioner of commerce and insurance or the comptroller, or to any rebuttal to such reports submitted by or on behalf of the fund examined. However, nothing contained in this subdivision (g)(3) shall be construed as prohibiting the commissioner of commerce and insurance or the comptroller from disclosing the information listed in this subdivision (g)(3), or any matters relating to that information, to state agencies of this or any other state, or to law enforcement officials of this or any other state or agency of the federal government at any time. (4) Any person knowingly or willfully testifying falsely in reference to any matter material to the investigation, audit, examination or inquiry commits a Class A misdemeanor. (5) Any director, trustee, officer, agent, or employee of an insurance pool or reserve fund, or any other person who knowingly or willfully makes any false certificate, entry, or memorandum upon any of the books or papers of any insurance pool or reserve fund upon any statement filed or offered to be filed in the department or used in the course of any examination, inquiry or investigation with the intent to deceive the commissioner of commerce and insurance or any person appointed by the commissioner or the comptroller to make the examination, commits a Class A misdemeanor.
Tenn. Code Ann. § 29-29-104 — TN Code / Title 29 / Chapter 29 / Section 29-29-104
Costs of guardian or next friend
Status: in_force

The cost of appearance of any such guardian ad litem or next friend, including compensation of counsel, shall be determined by the court and paid by the complainant, and execution against the complainant may issue therefor in the name of the guardian ad litem or next friend. Acts 1919, ch. 13, § 4; Shan. Supp., § 5009a4; Code 1932, §9163; T.C.A. (orig. ed.), § 23-2204.
The cost of appearance of any such guardian ad litem or next friend, including compensation of counsel, shall be determined by the court and paid by the complainant, and execution against the complainant may issue therefor in the name of the guardian ad litem or next friend.
Acts 1919, ch. 13, § 4; Shan. Supp., § 5009a4; Code 1932, §9163; T.C.A. (orig. ed.), § 23-2204.
Tenn. Code Ann. § 29-34-708 — TN Code / Title 29 / Chapter 34 / Section 29-34-708
Qualified physician for purposes of report - Findings required
Status: in_force

(a) (1) The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under § 29-34-702(24)(B) to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties have had a reasonable opportunity to present evidence, that it would be manifestly unjust not to allow the physician at issue to submit the report. (2) For subsection (a) to apply, the trial court also must make specific and detailed findings, setting forth the bases of such findings, that the physician's opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to the physician's role as a paid expert. (3) The cost of retaining another physician who is qualified pursuant to § 29-34-702(24)(B) for the purpose of submitting a report required by this part shall not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet such time and revenue requirements shall be considered as a relevant factor. (b) A physician who submits a report under this part may be an expert witness retained by counsel for the exposed person or claimant; provided, that the physician otherwise meets the requirements of this part, § 24-7-115 , and the Tennessee Rules of Evidence governing the qualifications of expert witnesses. Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
(a) (1) The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under § 29-34-702(24)(B) to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties have had a reasonable opportunity to present evidence, that it would be manifestly unjust not to allow the physician at issue to submit the report. (2) For subsection (a) to apply, the trial court also must make specific and detailed findings, setting forth the bases of such findings, that the physician's opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to the physician's role as a paid expert. (3) The cost of retaining another physician who is qualified pursuant to § 29-34-702(24)(B) for the purpose of submitting a report required by this part shall not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet such time and revenue requirements shall be considered as a relevant factor.
(1) The trial court, in its discretion, may allow a physician who meets the other requirements of this part but does not meet the time and revenue requirements under § 29-34-702(24)(B) to be considered a qualified physician and submit a report required by this part if the trial court makes an evidentiary finding, after all parties have had a reasonable opportunity to present evidence, that it would be manifestly unjust not to allow the physician at issue to submit the report.
(2) For subsection (a) to apply, the trial court also must make specific and detailed findings, setting forth the bases of such findings, that the physician's opinions appear to be reliable medical opinions in that they are supported by documented, reliable medical evidence obtained through testing or examinations that comply with and do not violate any applicable law, regulation, licensing requirement, or medical code of practice and that the opinions are not the product of bias or the result of financial influence due to the physician's role as a paid expert.
(3) The cost of retaining another physician who is qualified pursuant to § 29-34-702(24)(B) for the purpose of submitting a report required by this part shall not be considered in determining manifest injustice, but the availability or unavailability of other physicians who meet such time and revenue requirements shall be considered as a relevant factor.
(b) A physician who submits a report under this part may be an expert witness retained by counsel for the exposed person or claimant; provided, that the physician otherwise meets the requirements of this part, § 24-7-115 , and the Tennessee Rules of Evidence governing the qualifications of expert witnesses.
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-34-704 — TN Code / Title 29 / Chapter 34 / Section 29-34-704
Prerequisite of prima facie showing
Status: in_force

(a) No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following: (1) Radiological or pathological evidence of asbestosis or radiological evidence of diffuse bilateral pleural thickening or a high-resolution computed tomography scan showing evidence of asbestosis or diffuse pleural thickening; (2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all of the exposed person's principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including asbestos fibers or other disease-causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure; (3) A detailed medical, social, and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and their most probable cause; (4) Evidence verifying that at least fifteen (15) years have elapsed between the exposed person's date of first exposure to asbestos and the date of diagnosis; (5) Evidence from a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, from the person's medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA's Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1, or DLCO as defined by the American Thoracic Society's Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated; (6) Evidence that asbestosis or diffuse bilateral pleural thickening, rather than chronic obstructive pulmonary disease, is a substantial factor to the exposed person's physical impairment, based on a determination the exposed person has: (A) Forced vital capacity below the predicted lower limit of normal and FEV1/FVC ratio (using actual values) at or above the predicted lower limit of normal; (B) Total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal; or (C) A chest x-ray showing bilateral small, irregular opacities (s, t, or u) graded by a certified B-reader as at least 2/1 on the ILO scale; and (7) The specific conclusion of the qualified physician signing the report that exposure to asbestos was a substantial contributing factor to the exposed person's physical impairment and not more probably the result of other causes. An opinion that the medical findings and impairment are consistent with or compatible with exposure to asbestos, or words to that effect, does not satisfy the requirements of this subdivision (a)(7). (b) If the alleged nonmalignant asbestos-related condition is a result of an exposed person living with or having extended contact with another exposed person who, if the asbestos action had been filed by the other exposed person would have met the requirements of subdivision (a)(2), and the exposed person alleges extended contact with the other exposed person during the relevant time period, the detailed narrative medical report and diagnosis shall include all of the information required by subsection (a), except that the exposure history required under subdivision (a)(2) shall describe the exposed person's history of exposure to the other exposed person. Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
(a) No asbestos action related to an alleged nonmalignant asbestos-related condition may be brought or maintained in the absence of prima facie evidence that the exposed person has a physical impairment for which asbestos exposure was a substantial contributing factor. The plaintiff shall make a prima facie showing of claim for each defendant and include a detailed narrative medical report and diagnosis signed under oath by a qualified physician that includes all of the following: (1) Radiological or pathological evidence of asbestosis or radiological evidence of diffuse bilateral pleural thickening or a high-resolution computed tomography scan showing evidence of asbestosis or diffuse pleural thickening; (2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all of the exposed person's principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including asbestos fibers or other disease-causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure; (3) A detailed medical, social, and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and their most probable cause; (4) Evidence verifying that at least fifteen (15) years have elapsed between the exposed person's date of first exposure to asbestos and the date of diagnosis; (5) Evidence from a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, from the person's medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA's Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1, or DLCO as defined by the American Thoracic Society's Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated; (6) Evidence that asbestosis or diffuse bilateral pleural thickening, rather than chronic obstructive pulmonary disease, is a substantial factor to the exposed person's physical impairment, based on a determination the exposed person has: (A) Forced vital capacity below the predicted lower limit of normal and FEV1/FVC ratio (using actual values) at or above the predicted lower limit of normal; (B) Total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal; or (C) A chest x-ray showing bilateral small, irregular opacities (s, t, or u) graded by a certified B-reader as at least 2/1 on the ILO scale; and (7) The specific conclusion of the qualified physician signing the report that exposure to asbestos was a substantial contributing factor to the exposed person's physical impairment and not more probably the result of other causes. An opinion that the medical findings and impairment are consistent with or compatible with exposure to asbestos, or words to that effect, does not satisfy the requirements of this subdivision (a)(7).
(1) Radiological or pathological evidence of asbestosis or radiological evidence of diffuse bilateral pleural thickening or a high-resolution computed tomography scan showing evidence of asbestosis or diffuse pleural thickening;
(2) A detailed occupational and exposure history from the exposed person or, if that person is deceased, from the person most knowledgeable about the exposures that form the basis of the action, including identification of all of the exposed person's principal places of employment and exposures to airborne contaminants and whether each place of employment involved exposures to airborne contaminants, including asbestos fibers or other disease-causing dusts or fumes, that may cause pulmonary impairment and the nature, duration, and level of any exposure;
(3) A detailed medical, social, and smoking history from the exposed person or, if that person is deceased, from the person most knowledgeable, including a thorough review of the past and present medical problems of the exposed person and their most probable cause;
(4) Evidence verifying that at least fifteen (15) years have elapsed between the exposed person's date of first exposure to asbestos and the date of diagnosis;
(5) Evidence from a personal medical examination and pulmonary function testing of the exposed person or, if the exposed person is deceased, from the person's medical records, that the exposed person has or the deceased person had a permanent respiratory impairment rating of at least Class 2 as defined by and evaluated pursuant to the AMA's Guides to the Evaluation of Permanent Impairment or reported significant changes year to year in lung function for FVC, FEV1, or DLCO as defined by the American Thoracic Society's Interpretative Strategies for Lung Function Tests, 26 European Respiratory Journal 948-68, 961-62, Table 12 (2005) and as updated;
(6) Evidence that asbestosis or diffuse bilateral pleural thickening, rather than chronic obstructive pulmonary disease, is a substantial factor to the exposed person's physical impairment, based on a determination the exposed person has: (A) Forced vital capacity below the predicted lower limit of normal and FEV1/FVC ratio (using actual values) at or above the predicted lower limit of normal; (B) Total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal; or (C) A chest x-ray showing bilateral small, irregular opacities (s, t, or u) graded by a certified B-reader as at least 2/1 on the ILO scale; and
(A) Forced vital capacity below the predicted lower limit of normal and FEV1/FVC ratio (using actual values) at or above the predicted lower limit of normal;
(B) Total lung capacity, by plethysmography or timed gas dilution, below the predicted lower limit of normal; or
(C) A chest x-ray showing bilateral small, irregular opacities (s, t, or u) graded by a certified B-reader as at least 2/1 on the ILO scale; and
(7) The specific conclusion of the qualified physician signing the report that exposure to asbestos was a substantial contributing factor to the exposed person's physical impairment and not more probably the result of other causes. An opinion that the medical findings and impairment are consistent with or compatible with exposure to asbestos, or words to that effect, does not satisfy the requirements of this subdivision (a)(7).
(b) If the alleged nonmalignant asbestos-related condition is a result of an exposed person living with or having extended contact with another exposed person who, if the asbestos action had been filed by the other exposed person would have met the requirements of subdivision (a)(2), and the exposed person alleges extended contact with the other exposed person during the relevant time period, the detailed narrative medical report and diagnosis shall include all of the information required by subsection (a), except that the exposure history required under subdivision (a)(2) shall describe the exposed person's history of exposure to the other exposed person.
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-38-104 — TN Code / Title 29 / Chapter 38 / Section 29-38-104
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Illegal drug" means a drug, the distribution of which is a violation of state law; (2) "Illegal drug market" means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user; (3) "Illegal drug market target community" is the area described under § 29-38-109 ; (4) "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter; (5) "Level 1 offense" means possession of one-fourth ounce (1/4 oz.) or more, but less than four ounces (4 oz.), or distribution of less than one ounce (1 oz.) of a specified illegal drug; or possession of one pound (1 lb.) or twenty-five (25) plants or more, but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana; (6) "Level 2 offense" means possession of four ounces (4 oz.) or more, but less than eight ounces (8 oz.), or distribution of one ounce (1 oz.) or more, but less than two ounces (2 oz.), of a specified illegal drug; or possession of four pounds (4 lbs.) or more or fifty (50) plants or more, but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.), but less than five pounds (5 lbs.), of marijuana; (7) "Level 3 offense" means possession of eight ounces (8 oz.) or more, but less than sixteen ounces (16 oz.), or distribution of two ounces (2 oz.) or more, but less than four ounces (4 oz.), of a specified illegal drug; or possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more, but less than sixteen pounds (16 lbs.) or one hundred (100) plants or more, or distribution of more than five pounds (5 lbs.), but less than ten pounds (10 lbs.), of marijuana; (8) "Level 4 offense" means possession of sixteen ounces (16 oz.) or more or distribution of four ounces (4 oz.) or more of a specified illegal drug; or possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana; (9) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing or distribution of an illegal drug. "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only; (10) "Period of illegal drug use" means, in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence; (11) "Person" means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country; (12) "Place of illegal drug activity" means, in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence; (13) "Place of participation" means, in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market; and (14) "Specified illegal drug" means cocaine, heroin, or methamphetamine, or any other drug the distribution of which is a violation of state law. Acts 2005, ch. 377, § 4.
As used in this chapter, unless the context otherwise requires:
(1) "Illegal drug" means a drug, the distribution of which is a violation of state law;
(2) "Illegal drug market" means the support system of illegal drug related operations, from production to retail sales, through which an illegal drug reaches the user;
(3) "Illegal drug market target community" is the area described under § 29-38-109 ;
(4) "Individual drug user" means the individual whose illegal drug use is the basis of an action brought under this chapter;
(5) "Level 1 offense" means possession of one-fourth ounce (1/4 oz.) or more, but less than four ounces (4 oz.), or distribution of less than one ounce (1 oz.) of a specified illegal drug; or possession of one pound (1 lb.) or twenty-five (25) plants or more, but less than four pounds (4 lbs.) or fifty (50) plants, or distribution of less than one pound (1 lb.), of marijuana;
(6) "Level 2 offense" means possession of four ounces (4 oz.) or more, but less than eight ounces (8 oz.), or distribution of one ounce (1 oz.) or more, but less than two ounces (2 oz.), of a specified illegal drug; or possession of four pounds (4 lbs.) or more or fifty (50) plants or more, but less than eight pounds (8 lbs.) or seventy-five (75) plants, or distribution of more than one pound (1 lb.), but less than five pounds (5 lbs.), of marijuana;
(7) "Level 3 offense" means possession of eight ounces (8 oz.) or more, but less than sixteen ounces (16 oz.), or distribution of two ounces (2 oz.) or more, but less than four ounces (4 oz.), of a specified illegal drug; or possession of eight pounds (8 lbs.) or more or seventy-five (75) plants or more, but less than sixteen pounds (16 lbs.) or one hundred (100) plants or more, or distribution of more than five pounds (5 lbs.), but less than ten pounds (10 lbs.), of marijuana;
(8) "Level 4 offense" means possession of sixteen ounces (16 oz.) or more or distribution of four ounces (4 oz.) or more of a specified illegal drug; or possession of sixteen pounds (16 lbs.) or more or one hundred (100) plants or more, or distribution of ten pounds (10 lbs.) or more, of marijuana;
(9) "Participate in the illegal drug market" means to distribute, possess with an intent to distribute, commit an act intended to facilitate the marketing or distribution of, or agree to distribute, possess with an intent to distribute, or commit an act intended to facilitate the marketing or distribution of an illegal drug. "Participate in the illegal drug market" does not include the purchase or receipt of an illegal drug for personal use only;
(10) "Period of illegal drug use" means, in relation to the individual user, the time of the individual's first use of an illegal drug to the accrual of the cause of action. The period of illegal drug use is presumed to commence two (2) years before the cause of action accrues, unless the defendant proves otherwise by clear and convincing evidence;
(11) "Person" means an individual, governmental entity, corporation, firm, trust, partnership, or incorporated or unincorporated association, existing under or authorized by the laws of this state, another state, or foreign country;
(12) "Place of illegal drug activity" means, in relation to the individual drug user, each state house of representatives legislative district in which the individual possesses or uses an illegal drug, or in which the individual resides, attends school, or is employed during the period of the individual's illegal drug use, unless the defendant proves otherwise by clear and convincing evidence;
(13) "Place of participation" means, in relation to a defendant in an action brought under this chapter, each state house of representatives legislative district in which the person participates in the illegal drug market, or in which the person resides, attends school, or is employed during the period of the person's participation in the illegal market; and
(14) "Specified illegal drug" means cocaine, heroin, or methamphetamine, or any other drug the distribution of which is a violation of state law.
Acts 2005, ch. 377, § 4.
Tenn. Code Ann. § 29-7-116 — TN Code / Title 29 / Chapter 7 / Section 29-7-116
Final judgment
Status: in_force

Upon the return of this scire facias duly served, or two (2) returns of "not to be found in my county," the conditional judgment shall be made final, and execution issued accordingly. Code 1858, § 3488 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5248; Code 1932, § 9439; T.C.A. (orig. ed.), § 23-716.
Upon the return of this scire facias duly served, or two (2) returns of "not to be found in my county," the conditional judgment shall be made final, and execution issued accordingly.
Code 1858, § 3488 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5248; Code 1932, § 9439; T.C.A. (orig. ed.), § 23-716.
Tenn. Code Ann. § 29-14-104 — TN Code / Title 29 / Chapter 14 / Section 29-14-104
Construction of contract before or after breach
Status: in_force

A contract may be construed either before or after there has been a breach thereof. Acts 1923, ch. 29, § 3; Shan. Supp., § 4726a3; Code 1932, §8837; T.C.A. (orig. ed.), § 23-1104.
A contract may be construed either before or after there has been a breach thereof.
Acts 1923, ch. 29, § 3; Shan. Supp., § 4726a3; Code 1932, §8837; T.C.A. (orig. ed.), § 23-1104.
Tenn. Code Ann. § 29-21-124 — TN Code / Title 29 / Chapter 21 / Section 29-21-124
Filing of records - Costs
Status: in_force

The proceedings under a writ of habeas corpus, including all the papers in the cause, and the final order, shall be returned by the judge to the nearest court served by that judge, to be filed there by the clerk, as other records, a brief memorandum thereof, duly indexed, being made upon the judgment or execution docket, and such clerk taxing the costs and issuing execution therefor, as in other cases. Code 1858, § 3760; Shan., § 5540; Code 1932, § 9710; T.C.A. (orig. ed.), § 23-1833.
The proceedings under a writ of habeas corpus, including all the papers in the cause, and the final order, shall be returned by the judge to the nearest court served by that judge, to be filed there by the clerk, as other records, a brief memorandum thereof, duly indexed, being made upon the judgment or execution docket, and such clerk taxing the costs and issuing execution therefor, as in other cases.
Code 1858, § 3760; Shan., § 5540; Code 1932, § 9710; T.C.A. (orig. ed.), § 23-1833.
Tenn. Code Ann. § 29-34-207 — TN Code / Title 29 / Chapter 34 / Section 29-34-207
Liability for liquefied petroleum gas
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Liquefied petroleum gas equipment" means storage vessels, piping, liquefied petroleum gas appliances, or any other item that is installed by a liquefied petroleum gas provider; and (2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state. (b) A liquefied petroleum gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by: (1) An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or (2) The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen; provided, that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum equipment. (c) Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees under any legal claim, including, but not limited to, product liability claims. (d) No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person. Acts 2006, ch. 759, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Liquefied petroleum gas equipment" means storage vessels, piping, liquefied petroleum gas appliances, or any other item that is installed by a liquefied petroleum gas provider; and (2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state.
(1) "Liquefied petroleum gas equipment" means storage vessels, piping, liquefied petroleum gas appliances, or any other item that is installed by a liquefied petroleum gas provider; and
(2) "Liquefied petroleum gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail liquefied petroleum gas in this state.
(b) A liquefied petroleum gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by: (1) An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or (2) The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen; provided, that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum equipment.
(1) An alteration, modification, or repair of liquefied petroleum gas equipment that could not have been discovered by the liquefied petroleum gas provider in the exercise of reasonable care; or
(2) The use of liquefied petroleum gas equipment in a manner or for a purpose other than that for which the liquefied petroleum gas equipment was intended to be used or could reasonably have been foreseen; provided, that the liquefied petroleum gas provider or the manufacturer of the liquefied petroleum gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the liquefied petroleum equipment.
(c) Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of liquefied petroleum gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(d) No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person.
Acts 2006, ch. 759, § 1.
Tenn. Code Ann. § 29-40-116 — TN Code / Title 29 / Chapter 40 / Section 29-40-116
Use or transfer of receivership property not in ordinary course of business
Status: in_force

(a) As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing. (b) With court approval, a receiver may use receivership property other than in the ordinary course of business. (c) (1) With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition. (2) Unless the agreement of sale provides otherwise, a sale under this section is: (A) Free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption; and (B) Subject to a senior lien. (d) A lien on receivership property that is extinguished by a transfer under subsection (c) attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien. (e) (1) A transfer under subsection (c) may occur by means other than a public auction sale. (2) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer. (f) A reversal or modification of an order approving a transfer under subsection (c) does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) As used in this section, "good faith" means honesty in fact and the observance of reasonable commercial standards of fair dealing.
(b) With court approval, a receiver may use receivership property other than in the ordinary course of business.
(c) (1) With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition. (2) Unless the agreement of sale provides otherwise, a sale under this section is: (A) Free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption; and (B) Subject to a senior lien.
(1) With court approval, a receiver may transfer receivership property other than in the ordinary course of business by sale, lease, license, exchange, or other disposition.
(2) Unless the agreement of sale provides otherwise, a sale under this section is: (A) Free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption; and (B) Subject to a senior lien.
(A) Free and clear of a lien of the person that obtained appointment of the receiver, any subordinate lien, and any right of redemption; and
(B) Subject to a senior lien.
(d) A lien on receivership property that is extinguished by a transfer under subsection (c) attaches to the proceeds of the transfer with the same validity, perfection, and priority the lien had on the property immediately before the transfer, even if the proceeds are not sufficient to satisfy all obligations secured by the lien.
(e) (1) A transfer under subsection (c) may occur by means other than a public auction sale. (2) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.
(1) A transfer under subsection (c) may occur by means other than a public auction sale.
(2) A creditor holding a valid lien on the property to be transferred may purchase the property and offset against the purchase price part or all of the allowed amount secured by the lien, if the creditor tenders funds sufficient to satisfy in full the reasonable expenses of transfer and the obligation secured by any senior lien extinguished by the transfer.
(f) A reversal or modification of an order approving a transfer under subsection (c) does not affect the validity of the transfer to a person that acquired the property in good faith or revive against the person any lien extinguished by the transfer, whether the person knew before the transfer of the request for reversal or modification, unless the court stayed the order before the transfer.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-26-204 — TN Code / Title 29 / Chapter 26 / Section 29-26-204
Elements
Status: in_force

A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred: (1) During the time when the patient was receiving therapy from the therapist; (2) After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or (3) Both subdivisions (1) and (2). Acts 1995, ch. 463, § 4.
A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred:
(1) During the time when the patient was receiving therapy from the therapist;
(2) After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or
(3) Both subdivisions (1) and (2).
Acts 1995, ch. 463, § 4.
Tenn. Code Ann. § 29-18-107 — TN Code / Title 29 / Chapter 18 / Section 29-18-107
Jurisdiction of general sessions judge
Status: in_force

All cases of forcible entry and detainer, forcible detainer, and unlawful detainer, may be tried before any one (1) judge of the court of general sessions of the county in which the acts are committed, who shall decide the particular case, and all questions of law and fact arising. Code 1858, § 3346 (deriv. Acts 1841-1842, ch. 186, § 1); Acts 1879, ch. 23; Shan., § 5095; Code 1932, § 9249; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1607.
All cases of forcible entry and detainer, forcible detainer, and unlawful detainer, may be tried before any one (1) judge of the court of general sessions of the county in which the acts are committed, who shall decide the particular case, and all questions of law and fact arising.
Code 1858, § 3346 (deriv. Acts 1841-1842, ch. 186, § 1); Acts 1879, ch. 23; Shan., § 5095; Code 1932, § 9249; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1607.
Tenn. Code Ann. § 29-32-107 — TN Code / Title 29 / Chapter 32 / Section 29-32-107
Judgment after two returns
Status: in_force

When two (2) scire facias have been returned "not found" by the proper officer of the county in which the undertaking was entered into, such returns are equivalent to a personal service, and judgment may be made absolute. Code 1858, § 5179; Shan., § 7143; Code 1932, § 11692; T.C.A. (orig. ed.), § 23-2507.
When two (2) scire facias have been returned "not found" by the proper officer of the county in which the undertaking was entered into, such returns are equivalent to a personal service, and judgment may be made absolute.
Code 1858, § 5179; Shan., § 7143; Code 1932, § 11692; T.C.A. (orig. ed.), § 23-2507.