Tenn. Code Ann. § 29-39-104 — TN Code / Title 29 / Chapter 39 / Section 29-39-104
Punitive damages
Status: in_force

(a) In a civil action in which punitive damages are sought: (1) Punitive damages may only be awarded if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly; (2) In an action in which the claimant seeks an award of punitive damages, the trier of fact in a bifurcated proceeding shall first determine whether compensatory damages are to be awarded and in what amount and by special verdict whether each defendant's conduct was malicious, intentional, fraudulent or reckless and whether subdivision (a)(7) applies; (3) If a jury finds that the defendant engaged in malicious, intentional, fraudulent, or reckless conduct, then the court shall promptly commence an evidentiary hearing in which the jury shall determine the amount of punitive damages, if any; (4) In all cases involving an award of punitive damages, the trier of fact, in determining the amount of punitive damages, shall consider, to the extent relevant, the following: the defendant's financial condition and net worth; the nature and reprehensibility of the defendant's wrongdoing; the impact of the defendant's conduct on the plaintiff; the relationship of the defendant to the plaintiff; the defendant's awareness of the amount of harm being caused and the defendant's motivation in causing such harm; the duration of the defendant's misconduct and whether the defendant attempted to conceal such misconduct; the expense plaintiff has borne in attempts to recover the losses; whether the defendant profited from the activity, and if defendant did profit, whether the punitive award should be in excess of the profit in order to deter similar future behavior; whether, and the extent to which, defendant has been subjected to previous punitive damage awards based upon the same wrongful act; whether, once the misconduct became known to defendant, defendant took remedial action or attempted to make amends by offering a prompt and fair settlement for actual harm caused; and any other circumstances shown by the evidence that bear on determining a proper amount of punitive damages. The trier of fact shall be instructed that the primary purpose of punitive damages is to punish the wrongdoer and deter similar misconduct in the future by the defendant and others while the purpose of compensatory damages is to make the plaintiff whole; (5) Punitive or exemplary damages shall not exceed an amount equal to the greater of: (A) Two (2) times the total amount of compensatory damages awarded; or (B) Five hundred thousand dollars ($500,000); (6) The limitation on the amount of punitive damages imposed by subdivision (a)(5) shall not be disclosed to the jury, but shall be applied by the court to any punitive damages verdict; (7) The limitation on the amount of punitive damages imposed by subdivision (a)(5) shall not apply to actions brought for damages or an injury: (A) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff; (B) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (a) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations; (C) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting in the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (a), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or (D) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries; (8) If there is a disputed issue of fact, the trier of fact, by special verdict, shall determine whether the exceptions set forth in subdivision (a)(7) apply to the defendant and the cause of action; (9) The culpability of a defendant for punitive damages whose liability is alleged to be vicarious shall be determined separately from that of any alleged agent, employee or representative. (b) Nothing in this section shall be construed as creating a right to an award of punitive damages or to limit the duty of the court, or the appellate courts, to scrutinize all punitive damage awards, ensure that all punitive damage awards comply with applicable procedural, evidentiary and constitutional requirements, and to order remittitur when appropriate. (c) The seller of a product other than the manufacturer shall not be liable for punitive damages, unless the seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused the harm for which recovery of damages is sought; the seller altered or modified the product and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought; or the seller had actual knowledge of the defective condition of the product at the time the seller supplied the same. (d) (1) Except as provided in subdivision (d)(2), punitive damages shall not be awarded in a civil action involving a drug or device if the drug or device which allegedly caused the claimant's harm: (A) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal food and drug administration under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. §§ 301 - 392 ), as amended, or the Public Health Service Act ( 42 U.S.C. §§ 201 - 300cc -15 ); or (B) Was an over-the-counter drug or device marketed pursuant to federal regulations, was generally recognized as safe and effective and as not being misbranded pursuant to the applicable federal regulations, and satisfied in relevant and material respects each of the conditions contained in the applicable regulations and each of the conditions contained in an applicable monograph. (2) Subdivision (d)(1) shall not apply in an action against a manufacturer of a drug or device, if, at any time before the event alleged to have caused the harm, the manufacturer, in violation of applicable regulations of the food and drug administration: (A) Withheld from the food and drug administration information known to be material and relevant to the harm that the claimant allegedly suffered; or (B) Misrepresented to the food and drug administration information of that type. (3) For purposes this subsection (d): (A) "Device" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(h) ); (B) "Drug" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(g)(1) ). (e) Punitive damages shall not be awarded in any civil action when a defendant demonstrates by a preponderance of the evidence that it was in substantial compliance with applicable federal and state regulations setting forth specific standards applicable to the activity in question and intended to protect a class of persons or entities that includes the plaintiff, if those regulations were in effect at the time the activity occurred. (f) Nothing contained in this chapter shall be construed to limit a court's authority to enter judgment as a matter of law prior to or during a trial on a claim for punitive damages. (g) (1) Notwithstanding subdivision (a)(9), punitive damages may be awarded against a defendant based on vicarious liability for the acts or omissions of an agent or employee only if the finder of fact determines by special verdict based on clear and convincing evidence that one or more of the following has occurred: (A) The act or omission was committed by a person employed in a management capacity while that person was acting within the scope of employment; (B) The defendant was reckless in hiring, retaining, supervising or training the agent or employee and that recklessness was the proximate cause of the act or omission that caused the loss or injury; or (C) The defendant authorized, ratified or approved the act or omission with knowledge or conscious or reckless disregard that the act or omission may result in the loss or injury. (2) Nothing in this subsection (g) shall be construed to expand or increase the scope of vicarious liability or punitive damages liability under Tennessee law. (3) For purposes of this subsection (g), "a person employed in a management capacity" means an employee with authority to set policy and exercise control, discretion, and independent judgment over a significant scope of the employer's business. Amended by 2013 Tenn. Acts, ch. 224, s 1, eff. 7/1/2013. Acts 2011 , ch. 510, §10; 2012 , ch. 902, § 2.
(a) In a civil action in which punitive damages are sought: (1) Punitive damages may only be awarded if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly; (2) In an action in which the claimant seeks an award of punitive damages, the trier of fact in a bifurcated proceeding shall first determine whether compensatory damages are to be awarded and in what amount and by special verdict whether each defendant's conduct was malicious, intentional, fraudulent or reckless and whether subdivision (a)(7) applies; (3) If a jury finds that the defendant engaged in malicious, intentional, fraudulent, or reckless conduct, then the court shall promptly commence an evidentiary hearing in which the jury shall determine the amount of punitive damages, if any; (4) In all cases involving an award of punitive damages, the trier of fact, in determining the amount of punitive damages, shall consider, to the extent relevant, the following: the defendant's financial condition and net worth; the nature and reprehensibility of the defendant's wrongdoing; the impact of the defendant's conduct on the plaintiff; the relationship of the defendant to the plaintiff; the defendant's awareness of the amount of harm being caused and the defendant's motivation in causing such harm; the duration of the defendant's misconduct and whether the defendant attempted to conceal such misconduct; the expense plaintiff has borne in attempts to recover the losses; whether the defendant profited from the activity, and if defendant did profit, whether the punitive award should be in excess of the profit in order to deter similar future behavior; whether, and the extent to which, defendant has been subjected to previous punitive damage awards based upon the same wrongful act; whether, once the misconduct became known to defendant, defendant took remedial action or attempted to make amends by offering a prompt and fair settlement for actual harm caused; and any other circumstances shown by the evidence that bear on determining a proper amount of punitive damages. The trier of fact shall be instructed that the primary purpose of punitive damages is to punish the wrongdoer and deter similar misconduct in the future by the defendant and others while the purpose of compensatory damages is to make the plaintiff whole; (5) Punitive or exemplary damages shall not exceed an amount equal to the greater of: (A) Two (2) times the total amount of compensatory damages awarded; or (B) Five hundred thousand dollars ($500,000); (6) The limitation on the amount of punitive damages imposed by subdivision (a)(5) shall not be disclosed to the jury, but shall be applied by the court to any punitive damages verdict; (7) The limitation on the amount of punitive damages imposed by subdivision (a)(5) shall not apply to actions brought for damages or an injury: (A) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff; (B) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (a) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations; (C) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting in the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (a), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or (D) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries; (8) If there is a disputed issue of fact, the trier of fact, by special verdict, shall determine whether the exceptions set forth in subdivision (a)(7) apply to the defendant and the cause of action; (9) The culpability of a defendant for punitive damages whose liability is alleged to be vicarious shall be determined separately from that of any alleged agent, employee or representative.
(1) Punitive damages may only be awarded if the claimant proves by clear and convincing evidence that the defendant against whom punitive damages are sought acted maliciously, intentionally, fraudulently or recklessly;
(2) In an action in which the claimant seeks an award of punitive damages, the trier of fact in a bifurcated proceeding shall first determine whether compensatory damages are to be awarded and in what amount and by special verdict whether each defendant's conduct was malicious, intentional, fraudulent or reckless and whether subdivision (a)(7) applies;
(3) If a jury finds that the defendant engaged in malicious, intentional, fraudulent, or reckless conduct, then the court shall promptly commence an evidentiary hearing in which the jury shall determine the amount of punitive damages, if any;
(4) In all cases involving an award of punitive damages, the trier of fact, in determining the amount of punitive damages, shall consider, to the extent relevant, the following: the defendant's financial condition and net worth; the nature and reprehensibility of the defendant's wrongdoing; the impact of the defendant's conduct on the plaintiff; the relationship of the defendant to the plaintiff; the defendant's awareness of the amount of harm being caused and the defendant's motivation in causing such harm; the duration of the defendant's misconduct and whether the defendant attempted to conceal such misconduct; the expense plaintiff has borne in attempts to recover the losses; whether the defendant profited from the activity, and if defendant did profit, whether the punitive award should be in excess of the profit in order to deter similar future behavior; whether, and the extent to which, defendant has been subjected to previous punitive damage awards based upon the same wrongful act; whether, once the misconduct became known to defendant, defendant took remedial action or attempted to make amends by offering a prompt and fair settlement for actual harm caused; and any other circumstances shown by the evidence that bear on determining a proper amount of punitive damages. The trier of fact shall be instructed that the primary purpose of punitive damages is to punish the wrongdoer and deter similar misconduct in the future by the defendant and others while the purpose of compensatory damages is to make the plaintiff whole;
(5) Punitive or exemplary damages shall not exceed an amount equal to the greater of: (A) Two (2) times the total amount of compensatory damages awarded; or (B) Five hundred thousand dollars ($500,000);
(A) Two (2) times the total amount of compensatory damages awarded; or
(B) Five hundred thousand dollars ($500,000);
(6) The limitation on the amount of punitive damages imposed by subdivision (a)(5) shall not be disclosed to the jury, but shall be applied by the court to any punitive damages verdict;
(7) The limitation on the amount of punitive damages imposed by subdivision (a)(5) shall not apply to actions brought for damages or an injury: (A) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff; (B) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (a) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations; (C) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting in the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (a), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or (D) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries;
(A) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff;
(B) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (a) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations;
(C) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting in the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (a), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or
(D) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries;
(8) If there is a disputed issue of fact, the trier of fact, by special verdict, shall determine whether the exceptions set forth in subdivision (a)(7) apply to the defendant and the cause of action;
(9) The culpability of a defendant for punitive damages whose liability is alleged to be vicarious shall be determined separately from that of any alleged agent, employee or representative.
(b) Nothing in this section shall be construed as creating a right to an award of punitive damages or to limit the duty of the court, or the appellate courts, to scrutinize all punitive damage awards, ensure that all punitive damage awards comply with applicable procedural, evidentiary and constitutional requirements, and to order remittitur when appropriate.
(c) The seller of a product other than the manufacturer shall not be liable for punitive damages, unless the seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused the harm for which recovery of damages is sought; the seller altered or modified the product and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought; or the seller had actual knowledge of the defective condition of the product at the time the seller supplied the same.
(d) (1) Except as provided in subdivision (d)(2), punitive damages shall not be awarded in a civil action involving a drug or device if the drug or device which allegedly caused the claimant's harm: (A) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal food and drug administration under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. §§ 301 - 392 ), as amended, or the Public Health Service Act ( 42 U.S.C. §§ 201 - 300cc -15 ); or (B) Was an over-the-counter drug or device marketed pursuant to federal regulations, was generally recognized as safe and effective and as not being misbranded pursuant to the applicable federal regulations, and satisfied in relevant and material respects each of the conditions contained in the applicable regulations and each of the conditions contained in an applicable monograph. (2) Subdivision (d)(1) shall not apply in an action against a manufacturer of a drug or device, if, at any time before the event alleged to have caused the harm, the manufacturer, in violation of applicable regulations of the food and drug administration: (A) Withheld from the food and drug administration information known to be material and relevant to the harm that the claimant allegedly suffered; or (B) Misrepresented to the food and drug administration information of that type. (3) For purposes this subsection (d): (A) "Device" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(h) ); (B) "Drug" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(g)(1) ).
(1) Except as provided in subdivision (d)(2), punitive damages shall not be awarded in a civil action involving a drug or device if the drug or device which allegedly caused the claimant's harm: (A) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal food and drug administration under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. §§ 301 - 392 ), as amended, or the Public Health Service Act ( 42 U.S.C. §§ 201 - 300cc -15 ); or (B) Was an over-the-counter drug or device marketed pursuant to federal regulations, was generally recognized as safe and effective and as not being misbranded pursuant to the applicable federal regulations, and satisfied in relevant and material respects each of the conditions contained in the applicable regulations and each of the conditions contained in an applicable monograph.
(A) Was manufactured and labeled in relevant and material respects in accordance with the terms of an approval or license issued by the federal food and drug administration under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. §§ 301 - 392 ), as amended, or the Public Health Service Act ( 42 U.S.C. §§ 201 - 300cc -15 ); or
(B) Was an over-the-counter drug or device marketed pursuant to federal regulations, was generally recognized as safe and effective and as not being misbranded pursuant to the applicable federal regulations, and satisfied in relevant and material respects each of the conditions contained in the applicable regulations and each of the conditions contained in an applicable monograph.
(2) Subdivision (d)(1) shall not apply in an action against a manufacturer of a drug or device, if, at any time before the event alleged to have caused the harm, the manufacturer, in violation of applicable regulations of the food and drug administration: (A) Withheld from the food and drug administration information known to be material and relevant to the harm that the claimant allegedly suffered; or (B) Misrepresented to the food and drug administration information of that type.
(A) Withheld from the food and drug administration information known to be material and relevant to the harm that the claimant allegedly suffered; or
(B) Misrepresented to the food and drug administration information of that type.
(3) For purposes this subsection (d): (A) "Device" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(h) ); (B) "Drug" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(g)(1) ).
(A) "Device" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(h) );
(B) "Drug" has the same meaning as in the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 321(g)(1) ).
(e) Punitive damages shall not be awarded in any civil action when a defendant demonstrates by a preponderance of the evidence that it was in substantial compliance with applicable federal and state regulations setting forth specific standards applicable to the activity in question and intended to protect a class of persons or entities that includes the plaintiff, if those regulations were in effect at the time the activity occurred.
(f) Nothing contained in this chapter shall be construed to limit a court's authority to enter judgment as a matter of law prior to or during a trial on a claim for punitive damages.
(g) (1) Notwithstanding subdivision (a)(9), punitive damages may be awarded against a defendant based on vicarious liability for the acts or omissions of an agent or employee only if the finder of fact determines by special verdict based on clear and convincing evidence that one or more of the following has occurred: (A) The act or omission was committed by a person employed in a management capacity while that person was acting within the scope of employment; (B) The defendant was reckless in hiring, retaining, supervising or training the agent or employee and that recklessness was the proximate cause of the act or omission that caused the loss or injury; or (C) The defendant authorized, ratified or approved the act or omission with knowledge or conscious or reckless disregard that the act or omission may result in the loss or injury. (2) Nothing in this subsection (g) shall be construed to expand or increase the scope of vicarious liability or punitive damages liability under Tennessee law. (3) For purposes of this subsection (g), "a person employed in a management capacity" means an employee with authority to set policy and exercise control, discretion, and independent judgment over a significant scope of the employer's business.
(1) Notwithstanding subdivision (a)(9), punitive damages may be awarded against a defendant based on vicarious liability for the acts or omissions of an agent or employee only if the finder of fact determines by special verdict based on clear and convincing evidence that one or more of the following has occurred: (A) The act or omission was committed by a person employed in a management capacity while that person was acting within the scope of employment; (B) The defendant was reckless in hiring, retaining, supervising or training the agent or employee and that recklessness was the proximate cause of the act or omission that caused the loss or injury; or (C) The defendant authorized, ratified or approved the act or omission with knowledge or conscious or reckless disregard that the act or omission may result in the loss or injury.
(A) The act or omission was committed by a person employed in a management capacity while that person was acting within the scope of employment;
(B) The defendant was reckless in hiring, retaining, supervising or training the agent or employee and that recklessness was the proximate cause of the act or omission that caused the loss or injury; or
(C) The defendant authorized, ratified or approved the act or omission with knowledge or conscious or reckless disregard that the act or omission may result in the loss or injury.
(2) Nothing in this subsection (g) shall be construed to expand or increase the scope of vicarious liability or punitive damages liability under Tennessee law.
(3) For purposes of this subsection (g), "a person employed in a management capacity" means an employee with authority to set policy and exercise control, discretion, and independent judgment over a significant scope of the employer's business.
Amended by 2013 Tenn. Acts, ch. 224, s 1, eff. 7/1/2013.
Acts 2011 , ch. 510, §10; 2012 , ch. 902, § 2.
Tenn. Code Ann. § 29-5-108 — TN Code / Title 29 / Chapter 5 / Section 29-5-108
Failure of parties to appear
Status: in_force

If either party neglects to appear for trial after due notice, except on account of sickness or unavoidable absence, the arbitrators may proceed to a hearing and determination. Code 1932, § 9371; T.C.A. (orig. ed.), § 23-508.
If either party neglects to appear for trial after due notice, except on account of sickness or unavoidable absence, the arbitrators may proceed to a hearing and determination.
Code 1932, § 9371; T.C.A. (orig. ed.), § 23-508.
Tenn. Code Ann. § 29-19-102 — TN Code / Title 29 / Chapter 19 / Section 29-19-102
Action barred
Status: in_force

No money, or property of any kind, won by any species or mode of gambling, shall be recovered by action. Code 1858, § 1770 (deriv. Acts 1801, ch. 38, § 1); Shan., § 3160; Code 1932, § 7813; T.C.A. (orig. ed.), § 23-1702.
No money, or property of any kind, won by any species or mode of gambling, shall be recovered by action.
Code 1858, § 1770 (deriv. Acts 1801, ch. 38, § 1); Shan., § 3160; Code 1932, § 7813; T.C.A. (orig. ed.), § 23-1702.
Tenn. Code Ann. § 29-5-302 — TN Code / Title 29 / Chapter 5 / Section 29-5-302
Part definitions
Status: in_force

As used in this part: (1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator; (2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate; (3) "Court" means a court of competent jurisdiction in this state; (4) "Knowledge" means actual knowledge; (5) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity; and (6) "Record" means information that: (A) Is inscribed on a tangible medium; or (B) Is stored in an electronic or other medium and is retrievable in perceivable form. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
As used in this part:
(1) "Arbitration organization" means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator;
(2) "Arbitrator" means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate;
(3) "Court" means a court of competent jurisdiction in this state;
(4) "Knowledge" means actual knowledge;
(5) "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity; and
(6) "Record" means information that: (A) Is inscribed on a tangible medium; or (B) Is stored in an electronic or other medium and is retrievable in perceivable form.
(A) Is inscribed on a tangible medium; or
(B) Is stored in an electronic or other medium and is retrievable in perceivable form.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-5-308 — TN Code / Title 29 / Chapter 5 / Section 29-5-308
Motion to compel or stay arbitration
Status: in_force

(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, then the court must order the parties to arbitrate; and (2) If the refusing party opposes the motion, then the court must proceed summarily to decide the issue and order the parties to arbitrate, unless the court finds that there is no enforceable agreement to arbitrate. (b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, then the court shall order the parties to arbitrate. (c) If the court finds that there is no enforceable agreement, then the court must not order the parties to arbitrate pursuant to subsection (a) or (b). (d) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established. (e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, then a motion under this section must be made in that court. Otherwise a motion under this section must be made in a court as provided in § 29-5-328 . (f) If a party makes a motion to the court to order arbitration, then the court on just terms must stay a judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section. (g) If the court orders arbitration, then the court on just terms must stay a judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, then the court may limit the stay to that claim. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement: (1) If the refusing party does not appear or does not oppose the motion, then the court must order the parties to arbitrate; and (2) If the refusing party opposes the motion, then the court must proceed summarily to decide the issue and order the parties to arbitrate, unless the court finds that there is no enforceable agreement to arbitrate.
(1) If the refusing party does not appear or does not oppose the motion, then the court must order the parties to arbitrate; and
(2) If the refusing party opposes the motion, then the court must proceed summarily to decide the issue and order the parties to arbitrate, unless the court finds that there is no enforceable agreement to arbitrate.
(b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, then the court shall order the parties to arbitrate.
(c) If the court finds that there is no enforceable agreement, then the court must not order the parties to arbitrate pursuant to subsection (a) or (b).
(d) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
(e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, then a motion under this section must be made in that court. Otherwise a motion under this section must be made in a court as provided in § 29-5-328 .
(f) If a party makes a motion to the court to order arbitration, then the court on just terms must stay a judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
(g) If the court orders arbitration, then the court on just terms must stay a judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, then the court may limit the stay to that claim.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-12-105 — TN Code / Title 29 / Chapter 12 / Section 29-12-105
Judgment without fraud
Status: in_force

In case the complainant fails to establish the fraud, the court shall proceed to render judgment on the complainant's claim, ascertaining the amount, when disputed, by reference to the clerk and master, where deemed advisable, or by an issue to be tried by a jury; but the complainant shall pay all costs, except such as are incident to taking the judgment. Code 1858, § 4292 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6101; mod. Code 1932, § 10362; T.C.A. (orig. ed.), § 23-1005.
In case the complainant fails to establish the fraud, the court shall proceed to render judgment on the complainant's claim, ascertaining the amount, when disputed, by reference to the clerk and master, where deemed advisable, or by an issue to be tried by a jury; but the complainant shall pay all costs, except such as are incident to taking the judgment.
Code 1858, § 4292 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6101; mod. Code 1932, § 10362; T.C.A. (orig. ed.), § 23-1005.
Tenn. Code Ann. § 29-41-107 — TN Code / Title 29 / Chapter 41 / Section 29-41-107
Restrictions on the filing of claims by plaintiff determined to be abusive civil action plaintiff
Status: in_force

(a) Except as provided in this section, a person whom a court of record has determined to be an abusive civil action plaintiff and against whom prefiling restrictions have been imposed is prohibited from instituting a civil action against the abusive civil action defendant for the period of time the prefiling restrictions are in effect, or from continuing a civil action that was instituted against the same civil action defendant prior to the date the person was determined to be an abusive civil action plaintiff. (b) Notwithstanding subsection (a) and consistent with the Constitution of Tennessee, Article I, § 17, an abusive civil action plaintiff against whom prefiling restrictions have been imposed may seek permission to file a civil action using the procedure set out in subsection (c). (c) (1) An abusive civil action plaintiff against whom prefiling restrictions have been imposed pursuant to this chapter who wishes to institute a civil action in a court of record during the time the abusive civil action plaintiff is under filing restrictions must first appear before the judge who imposed the prefiling restrictions to make application for permission to institute the civil action. (2) (A) The judge may examine witnesses, including the abusive civil action plaintiff and the civil action defendant, to determine if the proposed civil action is or is not an abusive civil action and if there are reasonable and legitimate grounds upon which the complaint is based. (B) There is a rebuttable presumption that any proposed civil action is an abusive civil action if any of the defendants in the proposed action were civil action defendants in one (1) or more of the actions that were the basis for the person being declared an abusive civil action plaintiff. (3) (A) If the judge who imposed the prefiling restrictions believes that the civil action the abusive civil action plaintiff is making application to file will be an abusive civil action, the application shall be denied and the judge shall determine a time when the person may next make application to file a civil action. (B) If the judge reasonably believes that the civil action the abusive civil action plaintiff is making application to file will not be an abusive civil action, the judge may grant the application and issue an order permitting the filing of the civil action. The order shall be attached to the front of the complaint when the abusive civil action plaintiff files the civil action with the clerk. The defendant to the action shall be served with a copy of the order at the same time the complaint is served. (4) The findings of the judge shall be reduced to writing and made a part of record in the matter. If the abusive civil action plaintiff disputes the finding of the judge, the abusive civil action plaintiff may appeal to the presiding judge of the judicial district of the sanctioning judge. If the sanctioning judge is the presiding judge, the presiding judge shall randomly select two (2) other judges of courts of record in the judicial district to review the findings of the sanctioning judge. If there are not two (2) other judges in the judicial district available, the presiding judge may select a judge from an adjoining judicial district to review the findings. If the presiding judge or both reviewing other judges believe that the civil action the person is making application to file is not an abusive civil action, the findings of the sanctioning judge are overruled and both judges shall sign an order permitting the filing of the action. The order shall be entered and attached to the complaint and the defendant shall be served with a copy of the order at the same time the complaint is served. (d) If the application for the filing of a civil action is granted pursuant to this section, the period of time commencing with the filing of the application requesting permission to file the action and ending with the issuance of an order permitting filing of the action shall not be computed as a part of an applicable period of limitations within which the civil action must be instituted. (e) If after an abusive civil action plaintiff has made application and been granted permission to file a civil action pursuant to this section, the judge with jurisdiction over the action determines that the person is attempting to add parties, amend the complaint, or is otherwise attempting to alter the parties and issues involved in the civil action in a manner that the judge reasonably believes would make the action an abusive civil action, the judge may order a continuance or nonsuit of the action and return it to the presiding judge for further disposition. (f) (1) If a civil action defendant is served with a complaint from an abusive civil action plaintiff who filed a civil action in a judicial district in which the person has not been determined to be an abusive civil action plaintiff, and the complaint does not have an attached order from the judge who imposed the prefiling restrictions, the civil action defendant may obtain a certified copy of the order finding the person to be an abusive civil action plaintiff in another jurisdiction and send it to the judge where the new civil action was filed and the judge who imposed the prefiling restrictions. (2) If it is brought to the attention of the court, or on the court's own motion, that a person against whom prefiling restrictions have been imposed has filed a civil action or continued a legal proceeding in the sanctioning judge's judicial district, or in another judicial district, without application to do so being granted by the sanctioning judge pursuant to this section, or the abusive civil action plaintiff has attempted to file an action through another party, the court in which the civil action is pending shall dismiss the action or revoke the continuance. The sanctioning judge may take whatever action against the abusive civil action plaintiff deemed necessary for a violation of the court's order. (3) If an abusive civil action plaintiff against whom prefiling restrictions have been imposed files a civil action and the order granting permission to file the action is not attached to the complaint or served on the defendant, the defendant is under no obligation or duty to respond to the complaint, answer interrogatories, appear for depositions, or any other responsive action required by rule or statute in a civil action. (g) If the judge who imposed the prefiling restrictions is no longer serving in the same capacity in the same judicial district where the restrictions were placed, any other judge in that judicial district may perform the review required and permitted by this section. Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
(a) Except as provided in this section, a person whom a court of record has determined to be an abusive civil action plaintiff and against whom prefiling restrictions have been imposed is prohibited from instituting a civil action against the abusive civil action defendant for the period of time the prefiling restrictions are in effect, or from continuing a civil action that was instituted against the same civil action defendant prior to the date the person was determined to be an abusive civil action plaintiff.
(b) Notwithstanding subsection (a) and consistent with the Constitution of Tennessee, Article I, § 17, an abusive civil action plaintiff against whom prefiling restrictions have been imposed may seek permission to file a civil action using the procedure set out in subsection (c).
(c) (1) An abusive civil action plaintiff against whom prefiling restrictions have been imposed pursuant to this chapter who wishes to institute a civil action in a court of record during the time the abusive civil action plaintiff is under filing restrictions must first appear before the judge who imposed the prefiling restrictions to make application for permission to institute the civil action. (2) (A) The judge may examine witnesses, including the abusive civil action plaintiff and the civil action defendant, to determine if the proposed civil action is or is not an abusive civil action and if there are reasonable and legitimate grounds upon which the complaint is based. (B) There is a rebuttable presumption that any proposed civil action is an abusive civil action if any of the defendants in the proposed action were civil action defendants in one (1) or more of the actions that were the basis for the person being declared an abusive civil action plaintiff. (3) (A) If the judge who imposed the prefiling restrictions believes that the civil action the abusive civil action plaintiff is making application to file will be an abusive civil action, the application shall be denied and the judge shall determine a time when the person may next make application to file a civil action. (B) If the judge reasonably believes that the civil action the abusive civil action plaintiff is making application to file will not be an abusive civil action, the judge may grant the application and issue an order permitting the filing of the civil action. The order shall be attached to the front of the complaint when the abusive civil action plaintiff files the civil action with the clerk. The defendant to the action shall be served with a copy of the order at the same time the complaint is served. (4) The findings of the judge shall be reduced to writing and made a part of record in the matter. If the abusive civil action plaintiff disputes the finding of the judge, the abusive civil action plaintiff may appeal to the presiding judge of the judicial district of the sanctioning judge. If the sanctioning judge is the presiding judge, the presiding judge shall randomly select two (2) other judges of courts of record in the judicial district to review the findings of the sanctioning judge. If there are not two (2) other judges in the judicial district available, the presiding judge may select a judge from an adjoining judicial district to review the findings. If the presiding judge or both reviewing other judges believe that the civil action the person is making application to file is not an abusive civil action, the findings of the sanctioning judge are overruled and both judges shall sign an order permitting the filing of the action. The order shall be entered and attached to the complaint and the defendant shall be served with a copy of the order at the same time the complaint is served.
(1) An abusive civil action plaintiff against whom prefiling restrictions have been imposed pursuant to this chapter who wishes to institute a civil action in a court of record during the time the abusive civil action plaintiff is under filing restrictions must first appear before the judge who imposed the prefiling restrictions to make application for permission to institute the civil action.
(2) (A) The judge may examine witnesses, including the abusive civil action plaintiff and the civil action defendant, to determine if the proposed civil action is or is not an abusive civil action and if there are reasonable and legitimate grounds upon which the complaint is based. (B) There is a rebuttable presumption that any proposed civil action is an abusive civil action if any of the defendants in the proposed action were civil action defendants in one (1) or more of the actions that were the basis for the person being declared an abusive civil action plaintiff.
(A) The judge may examine witnesses, including the abusive civil action plaintiff and the civil action defendant, to determine if the proposed civil action is or is not an abusive civil action and if there are reasonable and legitimate grounds upon which the complaint is based.
(B) There is a rebuttable presumption that any proposed civil action is an abusive civil action if any of the defendants in the proposed action were civil action defendants in one (1) or more of the actions that were the basis for the person being declared an abusive civil action plaintiff.
(3) (A) If the judge who imposed the prefiling restrictions believes that the civil action the abusive civil action plaintiff is making application to file will be an abusive civil action, the application shall be denied and the judge shall determine a time when the person may next make application to file a civil action. (B) If the judge reasonably believes that the civil action the abusive civil action plaintiff is making application to file will not be an abusive civil action, the judge may grant the application and issue an order permitting the filing of the civil action. The order shall be attached to the front of the complaint when the abusive civil action plaintiff files the civil action with the clerk. The defendant to the action shall be served with a copy of the order at the same time the complaint is served.
(A) If the judge who imposed the prefiling restrictions believes that the civil action the abusive civil action plaintiff is making application to file will be an abusive civil action, the application shall be denied and the judge shall determine a time when the person may next make application to file a civil action.
(B) If the judge reasonably believes that the civil action the abusive civil action plaintiff is making application to file will not be an abusive civil action, the judge may grant the application and issue an order permitting the filing of the civil action. The order shall be attached to the front of the complaint when the abusive civil action plaintiff files the civil action with the clerk. The defendant to the action shall be served with a copy of the order at the same time the complaint is served.
(4) The findings of the judge shall be reduced to writing and made a part of record in the matter. If the abusive civil action plaintiff disputes the finding of the judge, the abusive civil action plaintiff may appeal to the presiding judge of the judicial district of the sanctioning judge. If the sanctioning judge is the presiding judge, the presiding judge shall randomly select two (2) other judges of courts of record in the judicial district to review the findings of the sanctioning judge. If there are not two (2) other judges in the judicial district available, the presiding judge may select a judge from an adjoining judicial district to review the findings. If the presiding judge or both reviewing other judges believe that the civil action the person is making application to file is not an abusive civil action, the findings of the sanctioning judge are overruled and both judges shall sign an order permitting the filing of the action. The order shall be entered and attached to the complaint and the defendant shall be served with a copy of the order at the same time the complaint is served.
(d) If the application for the filing of a civil action is granted pursuant to this section, the period of time commencing with the filing of the application requesting permission to file the action and ending with the issuance of an order permitting filing of the action shall not be computed as a part of an applicable period of limitations within which the civil action must be instituted.
(e) If after an abusive civil action plaintiff has made application and been granted permission to file a civil action pursuant to this section, the judge with jurisdiction over the action determines that the person is attempting to add parties, amend the complaint, or is otherwise attempting to alter the parties and issues involved in the civil action in a manner that the judge reasonably believes would make the action an abusive civil action, the judge may order a continuance or nonsuit of the action and return it to the presiding judge for further disposition.
(f) (1) If a civil action defendant is served with a complaint from an abusive civil action plaintiff who filed a civil action in a judicial district in which the person has not been determined to be an abusive civil action plaintiff, and the complaint does not have an attached order from the judge who imposed the prefiling restrictions, the civil action defendant may obtain a certified copy of the order finding the person to be an abusive civil action plaintiff in another jurisdiction and send it to the judge where the new civil action was filed and the judge who imposed the prefiling restrictions. (2) If it is brought to the attention of the court, or on the court's own motion, that a person against whom prefiling restrictions have been imposed has filed a civil action or continued a legal proceeding in the sanctioning judge's judicial district, or in another judicial district, without application to do so being granted by the sanctioning judge pursuant to this section, or the abusive civil action plaintiff has attempted to file an action through another party, the court in which the civil action is pending shall dismiss the action or revoke the continuance. The sanctioning judge may take whatever action against the abusive civil action plaintiff deemed necessary for a violation of the court's order. (3) If an abusive civil action plaintiff against whom prefiling restrictions have been imposed files a civil action and the order granting permission to file the action is not attached to the complaint or served on the defendant, the defendant is under no obligation or duty to respond to the complaint, answer interrogatories, appear for depositions, or any other responsive action required by rule or statute in a civil action.
(1) If a civil action defendant is served with a complaint from an abusive civil action plaintiff who filed a civil action in a judicial district in which the person has not been determined to be an abusive civil action plaintiff, and the complaint does not have an attached order from the judge who imposed the prefiling restrictions, the civil action defendant may obtain a certified copy of the order finding the person to be an abusive civil action plaintiff in another jurisdiction and send it to the judge where the new civil action was filed and the judge who imposed the prefiling restrictions.
(2) If it is brought to the attention of the court, or on the court's own motion, that a person against whom prefiling restrictions have been imposed has filed a civil action or continued a legal proceeding in the sanctioning judge's judicial district, or in another judicial district, without application to do so being granted by the sanctioning judge pursuant to this section, or the abusive civil action plaintiff has attempted to file an action through another party, the court in which the civil action is pending shall dismiss the action or revoke the continuance. The sanctioning judge may take whatever action against the abusive civil action plaintiff deemed necessary for a violation of the court's order.
(3) If an abusive civil action plaintiff against whom prefiling restrictions have been imposed files a civil action and the order granting permission to file the action is not attached to the complaint or served on the defendant, the defendant is under no obligation or duty to respond to the complaint, answer interrogatories, appear for depositions, or any other responsive action required by rule or statute in a civil action.
(g) If the judge who imposed the prefiling restrictions is no longer serving in the same capacity in the same judicial district where the restrictions were placed, any other judge in that judicial district may perform the review required and permitted by this section.
Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-9-108 — TN Code / Title 29 / Chapter 9 / Section 29-9-108
Local violations - Failure to appear
Status: in_force

(a) (1) The judges of courts exercising municipal jurisdiction in counties having a metropolitan form of government are empowered to punish any person for contempt who, having been cited to appear in such court for the violation of a city, municipal or metropolitan government law or ordinance, willfully fails to appear without just cause on the designated day and at the designated time. The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation. (2) This section shall also apply to judges of courts of general sessions when such judges are exercising municipal jurisdiction by hearing violations of city, municipal or metropolitan government laws or ordinances. (3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations. (b) (1) The judges of courts exercising municipal jurisdiction over environmental violations relating to health, housing, fire, building and zoning codes of the municipal code, in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, shall punish any person for contempt who, having been cited for failure to appear in such court for the violation of a municipal government law or ordinance involving any violation relating to health, housing, fire, building and zoning codes or municipal law: (A) Willfully fails to appear without just cause on the designated day and at the designated time; or (B) Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order. (2) The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation. (3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations. Amended by 2022 Tenn. Acts, ch. 900, s 1, eff. 7/1/2022. Acts 1985, ch. 438, § 2; 1990, ch. 712, § 1; 1998, ch. 682, §§ 7, 8.
(a) (1) The judges of courts exercising municipal jurisdiction in counties having a metropolitan form of government are empowered to punish any person for contempt who, having been cited to appear in such court for the violation of a city, municipal or metropolitan government law or ordinance, willfully fails to appear without just cause on the designated day and at the designated time. The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation. (2) This section shall also apply to judges of courts of general sessions when such judges are exercising municipal jurisdiction by hearing violations of city, municipal or metropolitan government laws or ordinances. (3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations.
(1) The judges of courts exercising municipal jurisdiction in counties having a metropolitan form of government are empowered to punish any person for contempt who, having been cited to appear in such court for the violation of a city, municipal or metropolitan government law or ordinance, willfully fails to appear without just cause on the designated day and at the designated time. The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation.
(2) This section shall also apply to judges of courts of general sessions when such judges are exercising municipal jurisdiction by hearing violations of city, municipal or metropolitan government laws or ordinances.
(3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations.
(b) (1) The judges of courts exercising municipal jurisdiction over environmental violations relating to health, housing, fire, building and zoning codes of the municipal code, in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, shall punish any person for contempt who, having been cited for failure to appear in such court for the violation of a municipal government law or ordinance involving any violation relating to health, housing, fire, building and zoning codes or municipal law: (A) Willfully fails to appear without just cause on the designated day and at the designated time; or (B) Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order. (2) The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation. (3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations.
(1) The judges of courts exercising municipal jurisdiction over environmental violations relating to health, housing, fire, building and zoning codes of the municipal code, in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, shall punish any person for contempt who, having been cited for failure to appear in such court for the violation of a municipal government law or ordinance involving any violation relating to health, housing, fire, building and zoning codes or municipal law: (A) Willfully fails to appear without just cause on the designated day and at the designated time; or (B) Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order.
(A) Willfully fails to appear without just cause on the designated day and at the designated time; or
(B) Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order.
(2) The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation.
(3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations.
Amended by 2022 Tenn. Acts, ch. 900, s 1, eff. 7/1/2022.
Acts 1985, ch. 438, § 2; 1990, ch. 712, § 1; 1998, ch. 682, §§ 7, 8.
Tenn. Code Ann. § 29-34-402 — TN Code / Title 29 / Chapter 34 / Section 29-34-402
Limits on liability of operators - Assumption of risk by ice skaters and spectators
Status: in_force

(a) An operator shall not be liable for damage or injuries to an ice skater or spectator where the operator complies with the requirements of § 29-34-403 . (b) A person who participates as an ice skater at an ice skating rink operated in accordance with the requirements of § 29-34-403 assumes the risk of injury or damage that may occur as a result of that participation and shall comply with the requirements of § 29-34-404 . (c) A spectator at an ice skating rink operated in accordance with the requirements of § 29-34-403 assumes the risk of injury or damage that may occur as a result of being a spectator and shall comply with the requirements of § 29-34-404 . Acts 2012 , ch. 983, § 1.
(a) An operator shall not be liable for damage or injuries to an ice skater or spectator where the operator complies with the requirements of § 29-34-403 .
(b) A person who participates as an ice skater at an ice skating rink operated in accordance with the requirements of § 29-34-403 assumes the risk of injury or damage that may occur as a result of that participation and shall comply with the requirements of § 29-34-404 .
(c) A spectator at an ice skating rink operated in accordance with the requirements of § 29-34-403 assumes the risk of injury or damage that may occur as a result of being a spectator and shall comply with the requirements of § 29-34-404 .
Acts 2012 , ch. 983, § 1.
Tenn. Code Ann. § 29-33-103 — TN Code / Title 29 / Chapter 33 / Section 29-33-103
Continuation of suit in forma pauperis
Status: in_force

The plaintiff may, however, prosecute the suit in the manner prescribed for poor persons, in which case the surety shall be bound only for the costs accruing up to the giving of notice. Code 1858, § 3667 (deriv. Acts 1822, ch. 42, § 1); Shan., § 5437; Code 1932, § 9599; T.C.A. (orig. ed.), § 23-2703.
The plaintiff may, however, prosecute the suit in the manner prescribed for poor persons, in which case the surety shall be bound only for the costs accruing up to the giving of notice.
Code 1858, § 3667 (deriv. Acts 1822, ch. 42, § 1); Shan., § 5437; Code 1932, § 9599; T.C.A. (orig. ed.), § 23-2703.
Tenn. Code Ann. § 29-5-210 — TN Code / Title 29 / Chapter 5 / Section 29-5-210
Review of award
Status: in_force

(a) On application of a party or, if an application to the court is pending under § 29-5-212 , § 29-5-213 or § 29-5-214 , on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in § 29-5-214(a)(1) and (3) , or for the purpose of clarifying the award. (b) The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that the opposing party must serve objections thereto, if any, within ten (10) days from the notice. (c) The award so modified or corrected is subject to § 29-5-212 , § 29-5-213 or § 29-5-214 . Acts 1977, ch. 159, § 1; T.C.A., § 23-534.
(a) On application of a party or, if an application to the court is pending under § 29-5-212 , § 29-5-213 or § 29-5-214 , on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in § 29-5-214(a)(1) and (3) , or for the purpose of clarifying the award.
(b) The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that the opposing party must serve objections thereto, if any, within ten (10) days from the notice.
(c) The award so modified or corrected is subject to § 29-5-212 , § 29-5-213 or § 29-5-214 .
Acts 1977, ch. 159, § 1; T.C.A., § 23-534.
Tenn. Code Ann. § 29-34-603 — TN Code / Title 29 / Chapter 34 / Section 29-34-603
Required disclosures by plaintiff
Status: in_force

(a) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust. The sworn statement shall be provided no later than one hundred twenty (120) days prior to the date set for trial for the asbestos action. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement, the statement shall include: (1) The name, address, and contact information for the asbestos trust; (2) The amount claimed or to be claimed by the plaintiff; (3) The date the plaintiff filed the claim; (4) The disposition of the claim; (5) Whether there has been a request to defer, delay, suspend, or toll the claim; and (6) An attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts. (b) The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease. (c) The plaintiff shall supplement the information and materials provided pursuant to this section within ninety (90) days after the plaintiff: (1) Files an additional asbestos trust claim; (2) Supplements an existing asbestos trust claim; or (3) Receives additional information or materials related to any claim or potential claim against an asbestos trust. (d) Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action. Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
(a) For each asbestos action filed in this state, the plaintiff shall provide all parties with a sworn statement identifying all asbestos trust claims that have been filed by the plaintiff or by anyone on the plaintiff's behalf, including claims with respect to asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust. The sworn statement shall be provided no later than one hundred twenty (120) days prior to the date set for trial for the asbestos action. For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement, the statement shall include: (1) The name, address, and contact information for the asbestos trust; (2) The amount claimed or to be claimed by the plaintiff; (3) The date the plaintiff filed the claim; (4) The disposition of the claim; (5) Whether there has been a request to defer, delay, suspend, or toll the claim; and (6) An attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts.
(1) The name, address, and contact information for the asbestos trust;
(2) The amount claimed or to be claimed by the plaintiff;
(3) The date the plaintiff filed the claim;
(4) The disposition of the claim;
(5) Whether there has been a request to defer, delay, suspend, or toll the claim; and
(6) An attestation from the plaintiff, under penalties of perjury, that the sworn statement is complete and is based on a good faith investigation of all potential claims against asbestos trusts.
(b) The plaintiff shall make available to all parties all trust claims materials for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease.
(c) The plaintiff shall supplement the information and materials provided pursuant to this section within ninety (90) days after the plaintiff: (1) Files an additional asbestos trust claim; (2) Supplements an existing asbestos trust claim; or (3) Receives additional information or materials related to any claim or potential claim against an asbestos trust.
(1) Files an additional asbestos trust claim;
(2) Supplements an existing asbestos trust claim; or
(3) Receives additional information or materials related to any claim or potential claim against an asbestos trust.
(d) Failure by the plaintiff to make available to all parties all trust claims materials as required by this part shall constitute grounds for the court to extend the trial date in an asbestos action.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-28-103 — TN Code / Title 29 / Chapter 28 / Section 29-28-103
Limitation of actions - Exception
Status: in_force

(a) Any action against a manufacturer or seller of a product for injury to person or property caused by its defective or unreasonably dangerous condition must be brought within the period fixed by §§ 28-3-104 , 28-3-105 , 28-3-202 and 47-2-725 , but notwithstanding any exceptions to these provisions, it must be brought within six (6) years of the date of injury, in any event, the action must be brought within ten (10) years from the date on which the product was first purchased for use or consumption, or within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner. (b) The foregoing limitation of actions shall not apply to any action resulting from exposure to asbestos or to the human implantation of silicone gel breast implants. (c) (1) Any action against a manufacturer or seller for injury to a person caused by a silicone gel breast implant must be brought within a period not to exceed twenty-five (25) years from the date such product was implanted; provided, that such action must be brought within four (4) years from the date the plaintiff knew or should have known of the injury. (2) For purposes of this subsection (c) only, "seller" does not include a hospital or other medical facility where the procedure took place, nor does "seller" include the physician or other medical personnel involved in the procedure. (3) This subsection (c) only applies to causes of action not pending or decided on or before May 26, 1993. For the purposes of this subsection (c), a "pending case" is defined as a case actually filed by a silicone gel-filled breast implant recipient. Acts 1978, ch. 703, § 3; 1979, ch. 162, § 1; T.C.A., §23-3703; Acts 1993, ch. 457, §§ 1, 2.
(a) Any action against a manufacturer or seller of a product for injury to person or property caused by its defective or unreasonably dangerous condition must be brought within the period fixed by §§ 28-3-104 , 28-3-105 , 28-3-202 and 47-2-725 , but notwithstanding any exceptions to these provisions, it must be brought within six (6) years of the date of injury, in any event, the action must be brought within ten (10) years from the date on which the product was first purchased for use or consumption, or within one (1) year after the expiration of the anticipated life of the product, whichever is the shorter, except in the case of injury to minors whose action must be brought within a period of one (1) year after attaining the age of majority, whichever occurs sooner.
(b) The foregoing limitation of actions shall not apply to any action resulting from exposure to asbestos or to the human implantation of silicone gel breast implants.
(c) (1) Any action against a manufacturer or seller for injury to a person caused by a silicone gel breast implant must be brought within a period not to exceed twenty-five (25) years from the date such product was implanted; provided, that such action must be brought within four (4) years from the date the plaintiff knew or should have known of the injury. (2) For purposes of this subsection (c) only, "seller" does not include a hospital or other medical facility where the procedure took place, nor does "seller" include the physician or other medical personnel involved in the procedure. (3) This subsection (c) only applies to causes of action not pending or decided on or before May 26, 1993. For the purposes of this subsection (c), a "pending case" is defined as a case actually filed by a silicone gel-filled breast implant recipient.
(1) Any action against a manufacturer or seller for injury to a person caused by a silicone gel breast implant must be brought within a period not to exceed twenty-five (25) years from the date such product was implanted; provided, that such action must be brought within four (4) years from the date the plaintiff knew or should have known of the injury.
(2) For purposes of this subsection (c) only, "seller" does not include a hospital or other medical facility where the procedure took place, nor does "seller" include the physician or other medical personnel involved in the procedure.
(3) This subsection (c) only applies to causes of action not pending or decided on or before May 26, 1993. For the purposes of this subsection (c), a "pending case" is defined as a case actually filed by a silicone gel-filled breast implant recipient.
Acts 1978, ch. 703, § 3; 1979, ch. 162, § 1; T.C.A., §23-3703; Acts 1993, ch. 457, §§ 1, 2.
Tenn. Code Ann. § 29-1-109 — TN Code / Title 29 / Chapter 1 / Section 29-1-109
Endorsement of refusal
Status: in_force

When an application is refused, the officer to whom the same is made shall endorse the refusal on the bill and sign the officer's name thereto, and anyone erasing such endorsement is guilty of, and may be punished for defacing a record. Code 1858, § 4437; Shan., § 6254; Code 1932, § 10540; T.C.A. (orig. ed.), § 23-111.
When an application is refused, the officer to whom the same is made shall endorse the refusal on the bill and sign the officer's name thereto, and anyone erasing such endorsement is guilty of, and may be punished for defacing a record.
Code 1858, § 4437; Shan., § 6254; Code 1932, § 10540; T.C.A. (orig. ed.), § 23-111.
Tenn. Code Ann. § 29-43-101 — TN Code / Title 29 / Chapter 43 / Section 29-43-101
Legislative intent
Status: in_force

The general assembly declares that property owners should expect that the merits of a permit application will be judged on the law in effect at the time of application. The interests of property owners to use their property as they see fit and free from the threat of interference from potential local regulation outweighs the need of a local government entity to work out the details of a potential zoning change free from possible violations. To this end, the general assembly rejects the pending ordinance doctrine, described by the Tennessee supreme court in its May 14, 2007, opinion in the case of Harding Academy v. Metropolitan Government of Nashville and Davidson County , and declares the doctrine to be contrary to the public policy interests of property owners in this state. Added by 2023 Tenn. Acts, ch. 453, s 1, eff. 7/1/2023.
The general assembly declares that property owners should expect that the merits of a permit application will be judged on the law in effect at the time of application. The interests of property owners to use their property as they see fit and free from the threat of interference from potential local regulation outweighs the need of a local government entity to work out the details of a potential zoning change free from possible violations. To this end, the general assembly rejects the pending ordinance doctrine, described by the Tennessee supreme court in its May 14, 2007, opinion in the case of Harding Academy v. Metropolitan Government of Nashville and Davidson County , and declares the doctrine to be contrary to the public policy interests of property owners in this state.
Added by 2023 Tenn. Acts, ch. 453, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-13-101 — TN Code / Title 29 / Chapter 13 / Section 29-13-101
Short title
Status: in_force

This chapter and § 40-24-107 shall be known and may be cited as the "Criminal Injuries Compensation Act of 1976." Acts 1976, ch. 736, § 1; T.C.A., §§ 23-3501, 23-35-101; Acts 1992, ch. 761, § 1.
This chapter and § 40-24-107 shall be known and may be cited as the "Criminal Injuries Compensation Act of 1976."
Acts 1976, ch. 736, § 1; T.C.A., §§ 23-3501, 23-35-101; Acts 1992, ch. 761, § 1.
Tenn. Code Ann. § 29-17-901 — TN Code / Title 29 / Chapter 17 / Section 29-17-901
Eminent domain for state, county or municipal road purposes and for certain levee and drainage districts - Supplementary condemnation procedure for counties and municipalities
Status: in_force

(a) (1) The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway by the official charged by law with the construction or maintenance of the same. (2) Levee and drainage districts located in counties with a population of not less than thirty thousand (30,000) nor more than thirty-one thousand (31,000), according to the 1970 federal census or any subsequent federal census, created pursuant to title 69, chapter 6, are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable to construct levees, ditches, drains or watercourses, or to straighten, widen, deepen, or change natural watercourses in such districts. (b) Sections 29-17-902 - 29-17-914 shall also be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of condemnation to counties and municipalities for county and municipal purposes respectively, and the making of compensation in the manner therein set forth shall also be so implied; provided, that either party, upon filing a statement to that effect within five (5) days of the service or publication of the original petition, may elect to proceed under chapter 16 of this title or this chapter. Acts 1959, ch. 216, § 1; 1965, ch. 153, § 1; T.C.A., § 23-1528; Acts 1981, ch. 248, § 1; T.C.A. § 29-17-801 ; Acts 2006, ch. 863, § 1.
(a) (1) The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway by the official charged by law with the construction or maintenance of the same. (2) Levee and drainage districts located in counties with a population of not less than thirty thousand (30,000) nor more than thirty-one thousand (31,000), according to the 1970 federal census or any subsequent federal census, created pursuant to title 69, chapter 6, are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable to construct levees, ditches, drains or watercourses, or to straighten, widen, deepen, or change natural watercourses in such districts.
(1) The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway by the official charged by law with the construction or maintenance of the same.
(2) Levee and drainage districts located in counties with a population of not less than thirty thousand (30,000) nor more than thirty-one thousand (31,000), according to the 1970 federal census or any subsequent federal census, created pursuant to title 69, chapter 6, are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable to construct levees, ditches, drains or watercourses, or to straighten, widen, deepen, or change natural watercourses in such districts.
(b) Sections 29-17-902 - 29-17-914 shall also be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of condemnation to counties and municipalities for county and municipal purposes respectively, and the making of compensation in the manner therein set forth shall also be so implied; provided, that either party, upon filing a statement to that effect within five (5) days of the service or publication of the original petition, may elect to proceed under chapter 16 of this title or this chapter.
Acts 1959, ch. 216, § 1; 1965, ch. 153, § 1; T.C.A., § 23-1528; Acts 1981, ch. 248, § 1; T.C.A. § 29-17-801 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-13-410 — TN Code / Title 29 / Chapter 13 / Section 29-13-410
Violation of part - Penalty
Status: in_force

An entity violating this part commits a Class A misdemeanor. If an entity contracts and makes payment to a defendant in violation of this part, the entity is liable to a victim of crime for three (3) times the amount that victim would be entitled to receive, plus the costs of collection including attorney's fees. Acts 1994, ch. 1003, § 10.
An entity violating this part commits a Class A misdemeanor. If an entity contracts and makes payment to a defendant in violation of this part, the entity is liable to a victim of crime for three (3) times the amount that victim would be entitled to receive, plus the costs of collection including attorney's fees.
Acts 1994, ch. 1003, § 10.
Tenn. Code Ann. § 29-26-115 — TN Code / Title 29 / Chapter 26 / Section 29-26-115
Claimant's burden in health care liability action - Expert testimony - Presumption of negligence - Jury instructions
Status: in_force

(a) In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b): (1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred; (2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and (3) As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred. (b) No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person's expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred. This rule shall apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive this subsection (b) when it determines that the appropriate witnesses otherwise would not be available. (c) In a health care liability action as described in subsection (a), there shall be no presumption of negligence on the part of the defendant; provided, that there shall be a rebuttable presumption that the defendant was negligent where it is shown by the proof that the instrumentality causing injury was in the defendant's (or defendants') exclusive control and that the accident or injury was one which ordinarily doesn't occur in the absence of negligence. (d) In a health care liability action as described in subsection (a), the jury shall be instructed that the claimant has the burden of proving, by a preponderance of the evidence, the negligence of the defendant. The jury shall be further instructed that injury alone does not raise a presumption of the defendant's negligence. Acts 1975, ch. 299, § 14; 1976, ch. 759, § 15; 1980, ch. 852, § 9; T.C.A., § 23-3414; Acts 2012 , ch. 798, § 7.
(a) In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b): (1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred; (2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and (3) As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.
(1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred;
(2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and
(3) As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.
(b) No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person's expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred. This rule shall apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive this subsection (b) when it determines that the appropriate witnesses otherwise would not be available.
(c) In a health care liability action as described in subsection (a), there shall be no presumption of negligence on the part of the defendant; provided, that there shall be a rebuttable presumption that the defendant was negligent where it is shown by the proof that the instrumentality causing injury was in the defendant's (or defendants') exclusive control and that the accident or injury was one which ordinarily doesn't occur in the absence of negligence.
(d) In a health care liability action as described in subsection (a), the jury shall be instructed that the claimant has the burden of proving, by a preponderance of the evidence, the negligence of the defendant. The jury shall be further instructed that injury alone does not raise a presumption of the defendant's negligence.
Acts 1975, ch. 299, § 14; 1976, ch. 759, § 15; 1980, ch. 852, § 9; T.C.A., § 23-3414; Acts 2012 , ch. 798, § 7.
Tenn. Code Ann. § 29-6-122 — TN Code / Title 29 / Chapter 6 / Section 29-6-122
Return of affidavit and bond
Status: in_force

The affidavit and bond shall be returned by the officer granting the attachment to the tribunal to which the attachment is made returnable. Code 1858, § 3516 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5276; Code 1932, § 9467; T.C.A. (orig. ed.), § 23-622.
The affidavit and bond shall be returned by the officer granting the attachment to the tribunal to which the attachment is made returnable.
Code 1858, § 3516 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5276; Code 1932, § 9467; T.C.A. (orig. ed.), § 23-622.
Tenn. Code Ann. § 29-34-211 — TN Code / Title 29 / Chapter 34 / Section 29-34-211
Liability for unlicensed psychotherapy treatment of mental health disorder - Exemptions
Status: in_force

(a) For the purposes of this section: (1) "Mental health disorder" means a serious psychological condition, including, but not limited to, major depressive disorder, anxiety disorder, psychosis, bipolar disorder, personality disorder, and post-traumatic stress disorder, or any disorder found in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders; and (2) "Psychotherapy" means an intervention for a mental health disorder by a licensed mental health professional. (b) (1) A consumer is entitled to care from a competently qualified person when receiving care for a mental health disorder. (2) A license is required under title 63 for a person to competently treat a mental health disorder. An unlicensed person is not competent to provide services that fall within any scope of practice for which a license is required under title 63 for treatment of a mental health disorder, and such treatment is illegal. (c) (1) An unlicensed person may be civilly liable to the client if the unlicensed person knowingly offered psychotherapy services to treat a mental health disorder without being licensed as a mental health provider. (2) The client may maintain an action to recover damages for the unlicensed psychotherapy treatment of a mental health disorder, including consideration paid to the unlicensed person, costs in recovering consideration paid, and reasonable attorney's fees as determined by the court. (d) The following persons are exempt from this section: (1) Clergy who are not being compensated on a fee-for-service basis; (2) Students and practitioners in training when the student or practitioner is under the lawful supervision of a licensed healthcare professional; (3) Persons holding a license under title 63 when acting within the lawful scope of practice; (4) An unlicensed person operating under the supervision of a person holding a license under title 63, providing counseling or therapy services in a correctional facility; (5) Any service provider at a homeless shelter, licensed behavioral health residential facility, hospital, or any state-operated agency or facility; (6) State-contracted mobile crisis responders; (7) An unlicensed person operating under the supervision of a person holding a license under title 63 providing counseling or therapy services in a community mental health center; and (8) Any person providing peer counseling or social services not on a fee-for-service basis. (e) This section does not expand or restrict the scope of practice for any person holding a license under title 63. Added by 2019 Tenn. Acts, ch. 359, s 1, eff. 7/1/2019.
(a) For the purposes of this section: (1) "Mental health disorder" means a serious psychological condition, including, but not limited to, major depressive disorder, anxiety disorder, psychosis, bipolar disorder, personality disorder, and post-traumatic stress disorder, or any disorder found in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders; and (2) "Psychotherapy" means an intervention for a mental health disorder by a licensed mental health professional.
(1) "Mental health disorder" means a serious psychological condition, including, but not limited to, major depressive disorder, anxiety disorder, psychosis, bipolar disorder, personality disorder, and post-traumatic stress disorder, or any disorder found in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders; and
(2) "Psychotherapy" means an intervention for a mental health disorder by a licensed mental health professional.
(b) (1) A consumer is entitled to care from a competently qualified person when receiving care for a mental health disorder. (2) A license is required under title 63 for a person to competently treat a mental health disorder. An unlicensed person is not competent to provide services that fall within any scope of practice for which a license is required under title 63 for treatment of a mental health disorder, and such treatment is illegal.
(1) A consumer is entitled to care from a competently qualified person when receiving care for a mental health disorder.
(2) A license is required under title 63 for a person to competently treat a mental health disorder. An unlicensed person is not competent to provide services that fall within any scope of practice for which a license is required under title 63 for treatment of a mental health disorder, and such treatment is illegal.
(c) (1) An unlicensed person may be civilly liable to the client if the unlicensed person knowingly offered psychotherapy services to treat a mental health disorder without being licensed as a mental health provider. (2) The client may maintain an action to recover damages for the unlicensed psychotherapy treatment of a mental health disorder, including consideration paid to the unlicensed person, costs in recovering consideration paid, and reasonable attorney's fees as determined by the court.
(1) An unlicensed person may be civilly liable to the client if the unlicensed person knowingly offered psychotherapy services to treat a mental health disorder without being licensed as a mental health provider.
(2) The client may maintain an action to recover damages for the unlicensed psychotherapy treatment of a mental health disorder, including consideration paid to the unlicensed person, costs in recovering consideration paid, and reasonable attorney's fees as determined by the court.
(d) The following persons are exempt from this section: (1) Clergy who are not being compensated on a fee-for-service basis; (2) Students and practitioners in training when the student or practitioner is under the lawful supervision of a licensed healthcare professional; (3) Persons holding a license under title 63 when acting within the lawful scope of practice; (4) An unlicensed person operating under the supervision of a person holding a license under title 63, providing counseling or therapy services in a correctional facility; (5) Any service provider at a homeless shelter, licensed behavioral health residential facility, hospital, or any state-operated agency or facility; (6) State-contracted mobile crisis responders; (7) An unlicensed person operating under the supervision of a person holding a license under title 63 providing counseling or therapy services in a community mental health center; and (8) Any person providing peer counseling or social services not on a fee-for-service basis.
(1) Clergy who are not being compensated on a fee-for-service basis;
(2) Students and practitioners in training when the student or practitioner is under the lawful supervision of a licensed healthcare professional;
(3) Persons holding a license under title 63 when acting within the lawful scope of practice;
(4) An unlicensed person operating under the supervision of a person holding a license under title 63, providing counseling or therapy services in a correctional facility;
(5) Any service provider at a homeless shelter, licensed behavioral health residential facility, hospital, or any state-operated agency or facility;
(6) State-contracted mobile crisis responders;
(7) An unlicensed person operating under the supervision of a person holding a license under title 63 providing counseling or therapy services in a community mental health center; and
(8) Any person providing peer counseling or social services not on a fee-for-service basis.
(e) This section does not expand or restrict the scope of practice for any person holding a license under title 63.
Added by 2019 Tenn. Acts, ch. 359, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 29-10-102 — TN Code / Title 29 / Chapter 10 / Section 29-10-102
Frivolous or bad faith assertion of patent infringement - Activities not constituting violation - Exceptions to applicability of chapter
Status: in_force

(a) It is a violation of this chapter for a person, in connection with the assertion of a United States patent, to send, or cause any person to send, any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if: (1) The communication threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved and there is a consistent pattern of such threats having been issued and no litigation having been filed; (2) The communication falsely states that litigation has been filed against the intended recipient or any affiliated person; or (3) The assertions contained in the communication lack a reasonable basis in fact or law because: (A) The person asserting the patent is not a person, or does not represent a person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person; (B) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision; (C) The communication seeks compensation on account of activities undertaken after the patent has expired; or (D) The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following: (i) The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person; (ii) The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or (iii) The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent. (b) Nothing in this section shall be construed to be a violation of this chapter for any person who owns or has the right to license or enforce a patent to: (1) Advise others of that ownership or right of license or enforcement; (2) Communicate to others that a patent is available for license or sale; (3) Notify another of the infringement of the patent; or (4) Seek compensation on account of past or present infringement, or for a license to the patent, provided that the person is not acting in bad faith. (c) This chapter shall not apply to any written or electronic communication sent by: (1) Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials; (2) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1963 ( 20 U.S.C. § 1001 ); (3) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education; or (4) Any person or business entity seeking a claim for relief arising under 35 U.S.C. § 271(e)(2) . Acts 2014 , ch. 879, § 1.
(a) It is a violation of this chapter for a person, in connection with the assertion of a United States patent, to send, or cause any person to send, any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if: (1) The communication threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved and there is a consistent pattern of such threats having been issued and no litigation having been filed; (2) The communication falsely states that litigation has been filed against the intended recipient or any affiliated person; or (3) The assertions contained in the communication lack a reasonable basis in fact or law because: (A) The person asserting the patent is not a person, or does not represent a person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person; (B) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision; (C) The communication seeks compensation on account of activities undertaken after the patent has expired; or (D) The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following: (i) The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person; (ii) The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or (iii) The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
(1) The communication threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved and there is a consistent pattern of such threats having been issued and no litigation having been filed;
(2) The communication falsely states that litigation has been filed against the intended recipient or any affiliated person; or
(3) The assertions contained in the communication lack a reasonable basis in fact or law because: (A) The person asserting the patent is not a person, or does not represent a person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person; (B) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision; (C) The communication seeks compensation on account of activities undertaken after the patent has expired; or (D) The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following: (i) The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person; (ii) The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or (iii) The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
(A) The person asserting the patent is not a person, or does not represent a person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person;
(B) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision;
(C) The communication seeks compensation on account of activities undertaken after the patent has expired; or
(D) The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following: (i) The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person; (ii) The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or (iii) The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
(i) The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person;
(ii) The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or
(iii) The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
(b) Nothing in this section shall be construed to be a violation of this chapter for any person who owns or has the right to license or enforce a patent to: (1) Advise others of that ownership or right of license or enforcement; (2) Communicate to others that a patent is available for license or sale; (3) Notify another of the infringement of the patent; or (4) Seek compensation on account of past or present infringement, or for a license to the patent, provided that the person is not acting in bad faith.
(1) Advise others of that ownership or right of license or enforcement;
(2) Communicate to others that a patent is available for license or sale;
(3) Notify another of the infringement of the patent; or
(4) Seek compensation on account of past or present infringement, or for a license to the patent, provided that the person is not acting in bad faith.
(c) This chapter shall not apply to any written or electronic communication sent by: (1) Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials; (2) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1963 ( 20 U.S.C. § 1001 ); (3) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education; or (4) Any person or business entity seeking a claim for relief arising under 35 U.S.C. § 271(e)(2) .
(1) Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials;
(2) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1963 ( 20 U.S.C. § 1001 );
(3) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education; or
(4) Any person or business entity seeking a claim for relief arising under 35 U.S.C. § 271(e)(2) .
Acts 2014 , ch. 879, § 1.
Tenn. Code Ann. § 29-34-213 — TN Code / Title 29 / Chapter 34 / Section 29-34-213
Liability of charitable organizations
Status: in_force

(a) As used in this section: (1) "Charitable organization" means a charitable unit of a religious or civic group that is exempt from taxation under 26 U.S.C. § 501 , including those supported wholly or partially by private donations and registered with the secretary of state; and (2) "Services" means: (A) Providing food; (B) Providing housing; or (C) Providing shelter from adverse weather, including, but not limited to, allowing persons to enter the premises for purposes of temporary shelter from severe storms. (b) A charitable organization providing services to the community is not liable for a loss, damages, injury, or death that results from providing services, unless the charitable organization's conduct in providing services constitutes gross negligence or willful and wanton misconduct. Amended by 2023 Tenn. Acts, ch. 140,s 1, eff. 4/6/2023. Added by 2022 Tenn. Acts, ch. 805, s 1, eff. 7/1/2022.
(a) As used in this section: (1) "Charitable organization" means a charitable unit of a religious or civic group that is exempt from taxation under 26 U.S.C. § 501 , including those supported wholly or partially by private donations and registered with the secretary of state; and (2) "Services" means: (A) Providing food; (B) Providing housing; or (C) Providing shelter from adverse weather, including, but not limited to, allowing persons to enter the premises for purposes of temporary shelter from severe storms.
(1) "Charitable organization" means a charitable unit of a religious or civic group that is exempt from taxation under 26 U.S.C. § 501 , including those supported wholly or partially by private donations and registered with the secretary of state; and
(2) "Services" means: (A) Providing food; (B) Providing housing; or (C) Providing shelter from adverse weather, including, but not limited to, allowing persons to enter the premises for purposes of temporary shelter from severe storms.
(A) Providing food;
(B) Providing housing; or
(C) Providing shelter from adverse weather, including, but not limited to, allowing persons to enter the premises for purposes of temporary shelter from severe storms.
(b) A charitable organization providing services to the community is not liable for a loss, damages, injury, or death that results from providing services, unless the charitable organization's conduct in providing services constitutes gross negligence or willful and wanton misconduct.
Amended by 2023 Tenn. Acts, ch. 140,s 1, eff. 4/6/2023.
Added by 2022 Tenn. Acts, ch. 805, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-17-202 — TN Code / Title 29 / Chapter 17 / Section 29-17-202
County bridges
Status: in_force

All counties authorized to construct bridges are empowered to take and condemn the lands, property, buildings, and riparian and property rights, privileges, and easements of individuals and private corporations for approaches to such bridges and for bridge purposes, or which may be necessary for the construction or use of such bridges. Acts 1907, ch. 583, § 1; Shan., § 1880a23; mod. Code 1932, § 3160; T.C.A. (orig. ed.), § 23-1502; T.C.A. § 29-17-102 ; Acts 2006, ch. 863, § 1.
All counties authorized to construct bridges are empowered to take and condemn the lands, property, buildings, and riparian and property rights, privileges, and easements of individuals and private corporations for approaches to such bridges and for bridge purposes, or which may be necessary for the construction or use of such bridges.
Acts 1907, ch. 583, § 1; Shan., § 1880a23; mod. Code 1932, § 3160; T.C.A. (orig. ed.), § 23-1502; T.C.A. § 29-17-102 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-25-102 — TN Code / Title 29 / Chapter 25 / Section 29-25-102
Alternative and peremptory writs
Status: in_force

(a) The writ is either alternative or peremptory. (b) The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and there return the writ. (c) The peremptory writ commands the defendant to do the act and return the writ accordingly. Code 1858, § 3569; Shan., § 5333; Code 1932, § 9493; T.C.A. (orig. ed.), § 23-2002.
(a) The writ is either alternative or peremptory.
(b) The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and there return the writ.
(c) The peremptory writ commands the defendant to do the act and return the writ accordingly.
Code 1858, § 3569; Shan., § 5333; Code 1932, § 9493; T.C.A. (orig. ed.), § 23-2002.
Tenn. Code Ann. § 29-31-104 — TN Code / Title 29 / Chapter 31 / Section 29-31-104
Hearing and decree - Specific purpose
Status: in_force

(a) The court, or chancellor in vacation, shall examine the application and the objections thereto, if any, and may hear testimony, by depositions or by viva voce, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor. (b) If a decree is rendered removing the disability of a minor, it shall be rendered by the court having jurisdiction for a specific purpose and such purpose shall be so stated in such decree. Acts 1915, ch. 162, § 4; Shan., § 6106a6; mod. Code 1932, § 10373; 1971, ch. 71, § 1; 1980, ch. 844, § 1; T.C.A. (orig. ed.), § 23-1204.
(a) The court, or chancellor in vacation, shall examine the application and the objections thereto, if any, and may hear testimony, by depositions or by viva voce, in reference thereto, and shall make such decree thereon as may be for the best interest of the minor.
(b) If a decree is rendered removing the disability of a minor, it shall be rendered by the court having jurisdiction for a specific purpose and such purpose shall be so stated in such decree.
Acts 1915, ch. 162, § 4; Shan., § 6106a6; mod. Code 1932, § 10373; 1971, ch. 71, § 1; 1980, ch. 844, § 1; T.C.A. (orig. ed.), § 23-1204.
Tenn. Code Ann. § 29-5-322 — TN Code / Title 29 / Chapter 5 / Section 29-5-322
Remedies - Fees, and expenses of arbitration proceeding
Status: in_force

(a) In all cases in which the agreement of the parties does not exclude the seeking of punitive damages, an arbitrator may award punitive damages or other exemplary relief, if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim. (b) An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration, if the award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding. (c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under § 29-5-323 or for vacating an award under § 29-5-324 . (d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award. (e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), then the arbitrator must specify in the award the basis in fact justifying, and the basis in law authorizing, the award and state separately the amount of the punitive damages or other exemplary relief. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) In all cases in which the agreement of the parties does not exclude the seeking of punitive damages, an arbitrator may award punitive damages or other exemplary relief, if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
(b) An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration, if the award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
(c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under § 29-5-323 or for vacating an award under § 29-5-324 .
(d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
(e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), then the arbitrator must specify in the award the basis in fact justifying, and the basis in law authorizing, the award and state separately the amount of the punitive damages or other exemplary relief.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-38-109 — TN Code / Title 29 / Chapter 38 / Section 29-38-109
Target communities for different offense levels
Status: in_force

A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community: (1) For a Level 1 offense, the state house of representatives legislative district in which the defendant's place of participation is situated; (2) For a Level 2 offense, the target community described in subdivision (1), plus all state house of representatives legislative districts with a border contiguous to that target community; (3) For a Level 3 offense, the target community described in subdivision (2), plus all state house of representatives legislative districts with a border contiguous to that target community; and (4) For a Level 4 offense, the state. Acts 2005, ch. 377, § 9.
A person whose participation in the illegal drug market constitutes the following level offense shall be considered to have the following illegal drug market target community:
(1) For a Level 1 offense, the state house of representatives legislative district in which the defendant's place of participation is situated;
(2) For a Level 2 offense, the target community described in subdivision (1), plus all state house of representatives legislative districts with a border contiguous to that target community;
(3) For a Level 3 offense, the target community described in subdivision (2), plus all state house of representatives legislative districts with a border contiguous to that target community; and
(4) For a Level 4 offense, the state.
Acts 2005, ch. 377, § 9.
Tenn. Code Ann. § 29-15-101 — TN Code / Title 29 / Chapter 15 / Section 29-15-101
Alternative actions
Status: in_force

Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought. Code 1858, § 2750; Shan., § 4441; Code 1932, § 8567; T.C.A. (orig. ed.), § 23-1301.
Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought.
Code 1858, § 2750; Shan., § 4441; Code 1932, § 8567; T.C.A. (orig. ed.), § 23-1301.
Tenn. Code Ann. § 29-28-108 — TN Code / Title 29 / Chapter 28 / Section 29-28-108
Product altered or abnormally used
Status: in_force

If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or seller but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance or abnormal use, the manufacturer or seller is not liable. Acts 1978, ch. 703, § 9; T.C.A., § 23-3708.
If a product is not unreasonably dangerous at the time it leaves the control of the manufacturer or seller but was made unreasonably dangerous by subsequent unforeseeable alteration, change, improper maintenance or abnormal use, the manufacturer or seller is not liable.
Acts 1978, ch. 703, § 9; T.C.A., § 23-3708.
Tenn. Code Ann. § 29-5-312 — TN Code / Title 29 / Chapter 5 / Section 29-5-312
Appointment of arbitrator - Service as a neutral arbitrator
Status: in_force

(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, then that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, then the court, on a motion of a party to the arbitration proceeding, must appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method. (b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, then that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, then the court, on a motion of a party to the arbitration proceeding, must appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
(b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-16-113 — TN Code / Title 29 / Chapter 16 / Section 29-16-113
Investigation by jury
Status: in_force

(a) The jury will then proceed to examine the ground, and may hear testimony, but no argument of counsel, and set apart, by metes and bounds, a sufficient quantity of land for the purposes intended, and assess the damages occasioned to the owner thereby. (b) In condemning rights-of-way for telegraph and telephone companies, or riparian rights, the juries shall not be required to lay off the property, privileges, rights, or easements included in the petition, or sought to be condemned, by metes and bounds; and, in such cases, it shall be discretionary with such juries whether they will view the premises or not. Code 1858, § 1337; Acts 1885, ch. 135; Shan., §§1856, 1870; mod. Code 1932, §§ 3121, 3136; T.C.A. (orig. ed.), § 23-1413.
(a) The jury will then proceed to examine the ground, and may hear testimony, but no argument of counsel, and set apart, by metes and bounds, a sufficient quantity of land for the purposes intended, and assess the damages occasioned to the owner thereby.
(b) In condemning rights-of-way for telegraph and telephone companies, or riparian rights, the juries shall not be required to lay off the property, privileges, rights, or easements included in the petition, or sought to be condemned, by metes and bounds; and, in such cases, it shall be discretionary with such juries whether they will view the premises or not.
Code 1858, § 1337; Acts 1885, ch. 135; Shan., §§1856, 1870; mod. Code 1932, §§ 3121, 3136; T.C.A. (orig. ed.), § 23-1413.
Tenn. Code Ann. § 29-27-312 — TN Code / Title 29 / Chapter 27 / Section 29-27-312
Uniformity of application and construction
Status: in_force

In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
In applying and construing this act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-32-109 — TN Code / Title 29 / Chapter 32 / Section 29-32-109
Form adapted to circumstances - Jurisdictional facts - Amendment of scire facias
Status: in_force

(a) If the conditional judgment be on a forfeited subpoena, or summons, to serve as jurors, or any other obligation, the scire facias shall be so changed in form from the above as to give the parties notice of the nature of the obligation on which it is rendered. (b) It shall not be necessary to set out in full all the jurisdictional facts in any scire facias as heretofore required. (c) When any scire facias fails to contain the necessary allegations or facts as required under § 29-32-108 , it may be amended in court according to the practice in reference to amendments of other writs and pleadings. Acts 1897, ch. 47, § 1; Shan., § 7142a2; Code 1932, § 11691; T.C.A. (orig. ed.), § 23-2509.
(a) If the conditional judgment be on a forfeited subpoena, or summons, to serve as jurors, or any other obligation, the scire facias shall be so changed in form from the above as to give the parties notice of the nature of the obligation on which it is rendered.
(b) It shall not be necessary to set out in full all the jurisdictional facts in any scire facias as heretofore required.
(c) When any scire facias fails to contain the necessary allegations or facts as required under § 29-32-108 , it may be amended in court according to the practice in reference to amendments of other writs and pleadings.
Acts 1897, ch. 47, § 1; Shan., § 7142a2; Code 1932, § 11691; T.C.A. (orig. ed.), § 23-2509.
Tenn. Code Ann. § 29-27-216 — TN Code / Title 29 / Chapter 27 / Section 29-27-216
Vesting of title in purchaser
Status: in_force

The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under this code. Code 1858, § 3303; Shan., § 5052; Code 1932, § 9207; T.C.A. (orig. ed.), § 23-2146.
The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under this code.
Code 1858, § 3303; Shan., § 5052; Code 1932, § 9207; T.C.A. (orig. ed.), § 23-2146.
Tenn. Code Ann. § 29-30-106 — TN Code / Title 29 / Chapter 30 / Section 29-30-106
Procedure to expedite action for writ of possession
Status: in_force

(a) As an alternative to commencing an action to recover personal property as otherwise provided in this part, any party needing or desiring to expedite the proceeding may commence and expedite the action by proceeding as follows: (1) Application for a writ of possession may be made to the appropriate court at the beginning of the first session of court during the day, or at such other time of day as the court, by local rule, has established. Either simultaneously with the making of such application or prior thereto, the party seeking a writ of possession shall file a verified complaint with which shall be exhibited a copy of any writing upon which the alleged claim to possession is founded. Upon the making of such application, the court shall hear the parties and shall order the writ of possession issued giving the plaintiff immediate possession of the property where the court finds either: (A) That at least five (5) days prior to such application plaintiff mailed by certified mail or delivered to defendant a notice of the time and place of such application and that: (i) Such notice had either been received by the defendant, or was directed to the defendant at the address stated in any writing, signed by the defendant, and on which the plaintiff's claim to possession is founded; (ii) Such notice was accompanied by a copy of plaintiff's complaint, including a copy of any writing on which the plaintiff's claim to possession was founded; and (iii) The plaintiff is entitled to possession of the property, or that there is no substantial controversy as to the plaintiff's right to such possession; or (B) (i) (a) That the property was obtained by fraud, misrepresentation or theft, or (b) That the defendant is: (1) Concealing the property; (2) Likely to remove it from the jurisdiction of the court; (3) Likely to dispose of the property; (4) Endangering the property by unusually hazardous use; or (5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance; (ii) A writ of possession issued pursuant to this subdivision (a)(1)(B) shall be conditioned on the plaintiff's posting a bond in an amount fixed by the court which shall not be less than the value of the property; (2) (A) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant appears and admits in open court the plaintiff's right to possession of the property, the court shall issue a writ of possession to the plaintiff; (B) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant does not appear, there shall be an inference that the defendant does not dispute the plaintiff's right to possession, and the writ of possession shall be issued if the verified complaint demonstrates the plaintiff's right to possession. The writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court; (C) In like manner, where a writ of possession is issued pursuant to subdivision (a)(1)(B), the writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court; (D) When the defendant appears and resists the plaintiff's application for a writ of possession made in accordance with subdivision (a)(1)(A), the court shall at that time either try the action or: (i) Fix a time within which defendant shall answer; (ii) Fix a time for the trial; and (iii) Determine which party shall have possession of the property pending a final determination by the court and condition such possession upon the posting of such bond as the court may deem advisable. Where such party fails or refuses to post such bond, the officer shall take possession of the property and retain it either until the bond is posted or until the court enters its final judgment. (b) Except for the provisions of this section which must be complied with in order to expedite the proceeding, actions commenced pursuant to this section shall be governed by the remaining provisions of this part. Acts 1973, ch. 365, § 6; T.C.A., § 23-2346.
(a) As an alternative to commencing an action to recover personal property as otherwise provided in this part, any party needing or desiring to expedite the proceeding may commence and expedite the action by proceeding as follows: (1) Application for a writ of possession may be made to the appropriate court at the beginning of the first session of court during the day, or at such other time of day as the court, by local rule, has established. Either simultaneously with the making of such application or prior thereto, the party seeking a writ of possession shall file a verified complaint with which shall be exhibited a copy of any writing upon which the alleged claim to possession is founded. Upon the making of such application, the court shall hear the parties and shall order the writ of possession issued giving the plaintiff immediate possession of the property where the court finds either: (A) That at least five (5) days prior to such application plaintiff mailed by certified mail or delivered to defendant a notice of the time and place of such application and that: (i) Such notice had either been received by the defendant, or was directed to the defendant at the address stated in any writing, signed by the defendant, and on which the plaintiff's claim to possession is founded; (ii) Such notice was accompanied by a copy of plaintiff's complaint, including a copy of any writing on which the plaintiff's claim to possession was founded; and (iii) The plaintiff is entitled to possession of the property, or that there is no substantial controversy as to the plaintiff's right to such possession; or (B) (i) (a) That the property was obtained by fraud, misrepresentation or theft, or (b) That the defendant is: (1) Concealing the property; (2) Likely to remove it from the jurisdiction of the court; (3) Likely to dispose of the property; (4) Endangering the property by unusually hazardous use; or (5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance; (ii) A writ of possession issued pursuant to this subdivision (a)(1)(B) shall be conditioned on the plaintiff's posting a bond in an amount fixed by the court which shall not be less than the value of the property; (2) (A) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant appears and admits in open court the plaintiff's right to possession of the property, the court shall issue a writ of possession to the plaintiff; (B) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant does not appear, there shall be an inference that the defendant does not dispute the plaintiff's right to possession, and the writ of possession shall be issued if the verified complaint demonstrates the plaintiff's right to possession. The writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court; (C) In like manner, where a writ of possession is issued pursuant to subdivision (a)(1)(B), the writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court; (D) When the defendant appears and resists the plaintiff's application for a writ of possession made in accordance with subdivision (a)(1)(A), the court shall at that time either try the action or: (i) Fix a time within which defendant shall answer; (ii) Fix a time for the trial; and (iii) Determine which party shall have possession of the property pending a final determination by the court and condition such possession upon the posting of such bond as the court may deem advisable. Where such party fails or refuses to post such bond, the officer shall take possession of the property and retain it either until the bond is posted or until the court enters its final judgment.
(1) Application for a writ of possession may be made to the appropriate court at the beginning of the first session of court during the day, or at such other time of day as the court, by local rule, has established. Either simultaneously with the making of such application or prior thereto, the party seeking a writ of possession shall file a verified complaint with which shall be exhibited a copy of any writing upon which the alleged claim to possession is founded. Upon the making of such application, the court shall hear the parties and shall order the writ of possession issued giving the plaintiff immediate possession of the property where the court finds either: (A) That at least five (5) days prior to such application plaintiff mailed by certified mail or delivered to defendant a notice of the time and place of such application and that: (i) Such notice had either been received by the defendant, or was directed to the defendant at the address stated in any writing, signed by the defendant, and on which the plaintiff's claim to possession is founded; (ii) Such notice was accompanied by a copy of plaintiff's complaint, including a copy of any writing on which the plaintiff's claim to possession was founded; and (iii) The plaintiff is entitled to possession of the property, or that there is no substantial controversy as to the plaintiff's right to such possession; or (B) (i) (a) That the property was obtained by fraud, misrepresentation or theft, or (b) That the defendant is: (1) Concealing the property; (2) Likely to remove it from the jurisdiction of the court; (3) Likely to dispose of the property; (4) Endangering the property by unusually hazardous use; or (5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance; (ii) A writ of possession issued pursuant to this subdivision (a)(1)(B) shall be conditioned on the plaintiff's posting a bond in an amount fixed by the court which shall not be less than the value of the property;
(A) That at least five (5) days prior to such application plaintiff mailed by certified mail or delivered to defendant a notice of the time and place of such application and that: (i) Such notice had either been received by the defendant, or was directed to the defendant at the address stated in any writing, signed by the defendant, and on which the plaintiff's claim to possession is founded; (ii) Such notice was accompanied by a copy of plaintiff's complaint, including a copy of any writing on which the plaintiff's claim to possession was founded; and (iii) The plaintiff is entitled to possession of the property, or that there is no substantial controversy as to the plaintiff's right to such possession; or
(i) Such notice had either been received by the defendant, or was directed to the defendant at the address stated in any writing, signed by the defendant, and on which the plaintiff's claim to possession is founded;
(ii) Such notice was accompanied by a copy of plaintiff's complaint, including a copy of any writing on which the plaintiff's claim to possession was founded; and
(iii) The plaintiff is entitled to possession of the property, or that there is no substantial controversy as to the plaintiff's right to such possession; or
(B) (i) (a) That the property was obtained by fraud, misrepresentation or theft, or (b) That the defendant is: (1) Concealing the property; (2) Likely to remove it from the jurisdiction of the court; (3) Likely to dispose of the property; (4) Endangering the property by unusually hazardous use; or (5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance; (ii) A writ of possession issued pursuant to this subdivision (a)(1)(B) shall be conditioned on the plaintiff's posting a bond in an amount fixed by the court which shall not be less than the value of the property;
(i) (a) That the property was obtained by fraud, misrepresentation or theft, or (b) That the defendant is: (1) Concealing the property; (2) Likely to remove it from the jurisdiction of the court; (3) Likely to dispose of the property; (4) Endangering the property by unusually hazardous use; or (5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance;
(a) That the property was obtained by fraud, misrepresentation or theft, or
(b) That the defendant is: (1) Concealing the property; (2) Likely to remove it from the jurisdiction of the court; (3) Likely to dispose of the property; (4) Endangering the property by unusually hazardous use; or (5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance;
(1) Concealing the property;
(2) Likely to remove it from the jurisdiction of the court;
(3) Likely to dispose of the property;
(4) Endangering the property by unusually hazardous use; or
(5) Seriously impairing the plaintiff's security interest in the property, such as by use in some manner other than that contemplated by the parties, or by failing to maintain hazard insurance on the property where the written instrument or agreement on which the plaintiff's claim is founded requires such insurance;
(ii) A writ of possession issued pursuant to this subdivision (a)(1)(B) shall be conditioned on the plaintiff's posting a bond in an amount fixed by the court which shall not be less than the value of the property;
(2) (A) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant appears and admits in open court the plaintiff's right to possession of the property, the court shall issue a writ of possession to the plaintiff; (B) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant does not appear, there shall be an inference that the defendant does not dispute the plaintiff's right to possession, and the writ of possession shall be issued if the verified complaint demonstrates the plaintiff's right to possession. The writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court; (C) In like manner, where a writ of possession is issued pursuant to subdivision (a)(1)(B), the writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court; (D) When the defendant appears and resists the plaintiff's application for a writ of possession made in accordance with subdivision (a)(1)(A), the court shall at that time either try the action or: (i) Fix a time within which defendant shall answer; (ii) Fix a time for the trial; and (iii) Determine which party shall have possession of the property pending a final determination by the court and condition such possession upon the posting of such bond as the court may deem advisable. Where such party fails or refuses to post such bond, the officer shall take possession of the property and retain it either until the bond is posted or until the court enters its final judgment.
(A) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant appears and admits in open court the plaintiff's right to possession of the property, the court shall issue a writ of possession to the plaintiff;
(B) If, at the time the plaintiff makes application pursuant to subdivision (a)(1)(A), the defendant does not appear, there shall be an inference that the defendant does not dispute the plaintiff's right to possession, and the writ of possession shall be issued if the verified complaint demonstrates the plaintiff's right to possession. The writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court;
(C) In like manner, where a writ of possession is issued pursuant to subdivision (a)(1)(B), the writ shall direct the officer to take possession of the property and deliver it to the plaintiff and to summon the defendant to appear and answer within ten (10) days if the action is in the court of general sessions and within thirty (30) days if in any other court;
(D) When the defendant appears and resists the plaintiff's application for a writ of possession made in accordance with subdivision (a)(1)(A), the court shall at that time either try the action or: (i) Fix a time within which defendant shall answer; (ii) Fix a time for the trial; and (iii) Determine which party shall have possession of the property pending a final determination by the court and condition such possession upon the posting of such bond as the court may deem advisable. Where such party fails or refuses to post such bond, the officer shall take possession of the property and retain it either until the bond is posted or until the court enters its final judgment.
(i) Fix a time within which defendant shall answer;
(ii) Fix a time for the trial; and
(iii) Determine which party shall have possession of the property pending a final determination by the court and condition such possession upon the posting of such bond as the court may deem advisable. Where such party fails or refuses to post such bond, the officer shall take possession of the property and retain it either until the bond is posted or until the court enters its final judgment.
(b) Except for the provisions of this section which must be complied with in order to expedite the proceeding, actions commenced pursuant to this section shall be governed by the remaining provisions of this part.
Acts 1973, ch. 365, § 6; T.C.A., § 23-2346.
Tenn. Code Ann. § 29-12-108 — TN Code / Title 29 / Chapter 12 / Section 29-12-108
Receiver for corporate property
Status: in_force

In such cases the court may appoint a receiver, take an account of the affairs of the corporation, and apply the property and effects to the payment of debts pro rata, and divide the surplus, if any, among the stockholders. Code 1858, § 4295 (deriv. Acts 1851-1852, ch. 172, § 1); Shan., §6104; Code 1932, § 10365; T.C.A. (orig. ed.), § 23-1008.
In such cases the court may appoint a receiver, take an account of the affairs of the corporation, and apply the property and effects to the payment of debts pro rata, and divide the surplus, if any, among the stockholders.
Code 1858, § 4295 (deriv. Acts 1851-1852, ch. 172, § 1); Shan., §6104; Code 1932, § 10365; T.C.A. (orig. ed.), § 23-1008.
Tenn. Code Ann. § 29-35-104 — TN Code / Title 29 / Chapter 35 / Section 29-35-104
Naming proper claimant to office - Adjudication of rights
Status: in_force

Whenever the action is brought against a person for usurping an office, in addition to the other allegations, the name of the person rightfully entitled to the office, with a statement of that person's right thereto, may be added, and the trial should, if practicable, determine the right of the contesting parties. Code 1858, § 3419; Shan., § 5175; Code 1932, § 9346; T.C.A. (orig. ed.), § 23-2804.
Whenever the action is brought against a person for usurping an office, in addition to the other allegations, the name of the person rightfully entitled to the office, with a statement of that person's right thereto, may be added, and the trial should, if practicable, determine the right of the contesting parties.
Code 1858, § 3419; Shan., § 5175; Code 1932, § 9346; T.C.A. (orig. ed.), § 23-2804.
Tenn. Code Ann. § 29-41-104 — TN Code / Title 29 / Chapter 41 / Section 29-41-104
Hearing to determine merits of defendant's allegations
Status: in_force

(a) If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive civil action plaintiff, the court shall conduct a hearing to determine the merits of the defendant's allegations. (b) At the time set for the hearing on the alleged abusive civil action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary. Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
(a) If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive civil action plaintiff, the court shall conduct a hearing to determine the merits of the defendant's allegations.
(b) At the time set for the hearing on the alleged abusive civil action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary.
Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-16-115 — TN Code / Title 29 / Chapter 16 / Section 29-16-115
Return of jury's report
Status: in_force

The report of the jury shall be reduced to writing, signed by a majority of the jurors, delivered to the sheriff, and by the sheriff returned into court. Code 1858, § 1339; Shan., § 1858; Code 1932, § 3123; T.C.A. (orig. ed.), § 23-1415.
The report of the jury shall be reduced to writing, signed by a majority of the jurors, delivered to the sheriff, and by the sheriff returned into court.
Code 1858, § 1339; Shan., § 1858; Code 1932, § 3123; T.C.A. (orig. ed.), § 23-1415.
Tenn. Code Ann. § 29-17-703 — TN Code / Title 29 / Chapter 17 / Section 29-17-703
Notice of hearing
Status: in_force

(a) The presiding judge may thereupon make an order requiring all persons concerned to appear at a time and place therein named, and make known their objections, if any, their rights, if any, their claims as to the value of the property or of their interest therein, and any other matters material to their respective rights, upon a day certain, not later than thirty (30) days after the issuance of process, which day shall be as early as may be convenient, having due regard to the necessities of notice, and shall in such order give appropriate directions for such notice and the service thereof. (b) Such process shall be returned within twenty (20) days after its issuance. (c) No service of a copy of the petition shall be necessary. (d) Upon the return of process by the sheriff, if it shall appear that any of the defendants cannot be found or that they are nonresidents of the state, publication shall be made for them in the same manner as provided in §§ 21-1-203 - 21-1-205 for publications for nonresidents and parties unknown in chancery suits. Acts 1937, ch. 262, § 3; C. Supp. 1950, § 3170.3 (Williams, § 3171.3); T.C.A. (orig. ed.), § 23-1515; T.C.A. § 29-17-603; Acts 2006, ch. 863, § 1.
(a) The presiding judge may thereupon make an order requiring all persons concerned to appear at a time and place therein named, and make known their objections, if any, their rights, if any, their claims as to the value of the property or of their interest therein, and any other matters material to their respective rights, upon a day certain, not later than thirty (30) days after the issuance of process, which day shall be as early as may be convenient, having due regard to the necessities of notice, and shall in such order give appropriate directions for such notice and the service thereof.
(b) Such process shall be returned within twenty (20) days after its issuance.
(c) No service of a copy of the petition shall be necessary.
(d) Upon the return of process by the sheriff, if it shall appear that any of the defendants cannot be found or that they are nonresidents of the state, publication shall be made for them in the same manner as provided in §§ 21-1-203 - 21-1-205 for publications for nonresidents and parties unknown in chancery suits.
Acts 1937, ch. 262, § 3; C. Supp. 1950, § 3170.3 (Williams, § 3171.3); T.C.A. (orig. ed.), § 23-1515; T.C.A. § 29-17-603; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-27-114 — TN Code / Title 29 / Chapter 27 / Section 29-27-114
Appointment of commissioners
Status: in_force

(a) Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be of good personal character and integrity and knowledgeable in the type of property to be partitioned. (b) If the lands lie in different counties, the court may appoint separate sets of commissioners for each county, or one (1) set for all the lands, as may seem best for the interest of the parties. Amended by 2016 Tenn. Acts, ch. 1078,s 1, eff. 5/20/2016. Code 1858, §§ 3279, 3287 (deriv. Acts 1787, ch. 17, § 1); Shan., §§ 5027, 5036; Code 1932, §§ 9182, 9191; T.C.A. (orig. ed.), § 23-2117.
(a) Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be of good personal character and integrity and knowledgeable in the type of property to be partitioned.
(b) If the lands lie in different counties, the court may appoint separate sets of commissioners for each county, or one (1) set for all the lands, as may seem best for the interest of the parties.
Amended by 2016 Tenn. Acts, ch. 1078,s 1, eff. 5/20/2016.
Code 1858, §§ 3279, 3287 (deriv. Acts 1787, ch. 17, § 1); Shan., §§ 5027, 5036; Code 1932, §§ 9182, 9191; T.C.A. (orig. ed.), § 23-2117.
Tenn. Code Ann. § 29-16-108 — TN Code / Title 29 / Chapter 16 / Section 29-16-108
Constitution of jury
Status: in_force

The jury will consist of five (5) persons, unless the parties agree upon a different number, and either party may challenge, for cause or peremptorily, as in other civil cases. Code 1858, § 1334 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1853; Code 1932, § 3118; T.C.A. (orig. ed.), § 23-1408.
The jury will consist of five (5) persons, unless the parties agree upon a different number, and either party may challenge, for cause or peremptorily, as in other civil cases.
Code 1858, § 1334 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1853; Code 1932, § 3118; T.C.A. (orig. ed.), § 23-1408.
Tenn. Code Ann. § 29-27-210 — TN Code / Title 29 / Chapter 27 / Section 29-27-210
Interpleader of encumbrancer
Status: in_force

If the party disputes the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer. Code 1858, § 3312; Shan., § 5061; Code 1932, § 9216; T.C.A. (orig. ed.), § 23-2140.
If the party disputes the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer.
Code 1858, § 3312; Shan., § 5061; Code 1932, § 9216; T.C.A. (orig. ed.), § 23-2140.
Tenn. Code Ann. § 29-20-105 — TN Code / Title 29 / Chapter 20 / Section 29-20-105
Inverse condemnation not affected
Status: in_force

This chapter shall not apply to any action in eminent domain initiated by a landowner under §§ 29-16-123 and 29-16-124 nor be construed to impliedly repeal those statutes. Acts 1973, ch. 345, § 5; T.C.A., § 23-3305.
This chapter shall not apply to any action in eminent domain initiated by a landowner under §§ 29-16-123 and 29-16-124 nor be construed to impliedly repeal those statutes.
Acts 1973, ch. 345, § 5; T.C.A., § 23-3305.
Tenn. Code Ann. § 29-33-107 — TN Code / Title 29 / Chapter 33 / Section 29-33-107
Fiduciary bond - Petition for release
Status: in_force

The surety of any guardian, executor, or administrator, trustee or assignee for creditors, who conceives the surety to be in danger of suffering by the suretyship, and desires to be relieved therefrom, may file a petition, in writing, in the county court, or the court having cognizance of the estate or fund. Code 1858, § 3672 (deriv. Acts 1813, ch. 119, § 5; 1825, ch. 62, §1; 1829, ch. 15, § 2); Shan., § 5442; Code 1932, §9604; T.C.A. (orig. ed.), § 23-2707.
The surety of any guardian, executor, or administrator, trustee or assignee for creditors, who conceives the surety to be in danger of suffering by the suretyship, and desires to be relieved therefrom, may file a petition, in writing, in the county court, or the court having cognizance of the estate or fund.
Code 1858, § 3672 (deriv. Acts 1813, ch. 119, § 5; 1825, ch. 62, §1; 1829, ch. 15, § 2); Shan., § 5442; Code 1932, §9604; T.C.A. (orig. ed.), § 23-2707.
Tenn. Code Ann. § 29-31-101 — TN Code / Title 29 / Chapter 31 / Section 29-31-101
Power to remove
Status: in_force

(a) The chancery court of a county in which a minor resides or the chancellor in vacation may remove the disabilities of minority; and the chancery court of any county, or the chancellor of such court in vacation, may remove the disabilities of minority of a nonresident minor of the state of Tennessee who owns, or has an interest in, any real or personal property located in the state of Tennessee, so as to enable the minor to sell and convey such real or personal property, or any interest therein, or to do any other act in respect thereof; all as fully and effectively as if the minor was eighteen (18) years of age. (b) In all cases where a minor petitions for the removal of disabilities of minority in a county other than the county in which property is located, petition must show that no application has been previously made in the county where the property is located. (c) The circuit court and the judge thereof shall have concurrent jurisdiction with the chancery court and chancellor to remove the disabilities of minority. Acts 1915, ch. 162, § 1; Shan., § 6106a3; mod. Code 1932, §10370; Acts 1941, ch. 60, § 1; C. Supp. 1950, § 10370; Acts 1957, ch. 195, §1; 1961, ch. 142, § 1; 1967, ch. 354, § 1; 1968, ch. 453, §1; 1971, ch. 162, § 2; T.C.A. (orig. ed.), § 23-1201; modified.
(a) The chancery court of a county in which a minor resides or the chancellor in vacation may remove the disabilities of minority; and the chancery court of any county, or the chancellor of such court in vacation, may remove the disabilities of minority of a nonresident minor of the state of Tennessee who owns, or has an interest in, any real or personal property located in the state of Tennessee, so as to enable the minor to sell and convey such real or personal property, or any interest therein, or to do any other act in respect thereof; all as fully and effectively as if the minor was eighteen (18) years of age.
(b) In all cases where a minor petitions for the removal of disabilities of minority in a county other than the county in which property is located, petition must show that no application has been previously made in the county where the property is located.
(c) The circuit court and the judge thereof shall have concurrent jurisdiction with the chancery court and chancellor to remove the disabilities of minority.
Acts 1915, ch. 162, § 1; Shan., § 6106a3; mod. Code 1932, §10370; Acts 1941, ch. 60, § 1; C. Supp. 1950, § 10370; Acts 1957, ch. 195, §1; 1961, ch. 142, § 1; 1967, ch. 354, § 1; 1968, ch. 453, §1; 1971, ch. 162, § 2; T.C.A. (orig. ed.), § 23-1201; modified.
Tenn. Code Ann. § 29-15-106 — TN Code / Title 29 / Chapter 15 / Section 29-15-106
Death of parties
Status: in_force

(a) The death of either party does not abate the action, but it may be revived in favor of the heirs or devisees of the plaintiff, and against the heirs and terre-tenants of the defendant. (b) If the heirs are nonresident, the court may order publication to be made for them, as in the case of other nonresident defendants; and, if they fail to appear and defend, judgment by default may be taken, subject to the rules and regulations of this Code touching judgments against nonresident defendants. (c) If any of the heirs of a deceased defendant are infants, either resident or nonresident, without regular guardian in this state, the court may appoint a guardian ad litem for such infants after suit has been revived against them by service of process or publication, as aforementioned. Should such nonresident heirs appear, the court may, at any time before the trial, upon satisfactory ground shown, change the guardians, and appoint others to defend in behalf of such defendants. Code 1858, §§ 3255-3258 (deriv. Acts 1819, ch. 16, §§4-6; 1851-1852, ch. 152, § 2); Shan., §§ 5003-5006; Code 1932, §§ 9151-9154; T.C.A. (orig. ed.), § 23-1311.
(a) The death of either party does not abate the action, but it may be revived in favor of the heirs or devisees of the plaintiff, and against the heirs and terre-tenants of the defendant.
(b) If the heirs are nonresident, the court may order publication to be made for them, as in the case of other nonresident defendants; and, if they fail to appear and defend, judgment by default may be taken, subject to the rules and regulations of this Code touching judgments against nonresident defendants.
(c) If any of the heirs of a deceased defendant are infants, either resident or nonresident, without regular guardian in this state, the court may appoint a guardian ad litem for such infants after suit has been revived against them by service of process or publication, as aforementioned. Should such nonresident heirs appear, the court may, at any time before the trial, upon satisfactory ground shown, change the guardians, and appoint others to defend in behalf of such defendants.
Code 1858, §§ 3255-3258 (deriv. Acts 1819, ch. 16, §§4-6; 1851-1852, ch. 152, § 2); Shan., §§ 5003-5006; Code 1932, §§ 9151-9154; T.C.A. (orig. ed.), § 23-1311.
Tenn. Code Ann. § 29-5-214 — TN Code / Title 29 / Chapter 5 / Section 29-5-214
Modification or correction of award
Status: in_force

(a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) The award is imperfect in a matter of form, not affecting the merits of the controversy. (b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made. (c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award. Acts 1977, ch. 159, § 1; T.C.A., § 23-538.
(a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where: (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award; (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or (3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
(b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
(c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
Acts 1977, ch. 159, § 1; T.C.A., § 23-538.
Tenn. Code Ann. § 29-17-704 — TN Code / Title 29 / Chapter 17 / Section 29-17-704
Parties bound - Defendants under disability
Status: in_force

(a) All parties having any interest or rights in such lands may be made defendants and proceedings shall only cover and affect the interest of those who are actually made parties, the unborn remaindermen being, however, bound by the proceedings to which all living persons in interest are parties. (b) If it shall appear that any of the parties defendant are minors or otherwise under disability, the presiding judge shall appoint a guardian ad litem to represent them, whose compensation shall be fixed by the court and taxed as a part of the costs. Acts 1937, ch. 262, § 4; C. Supp. 1950, § 3170.4 (Williams, § 3171.4); T.C.A. (orig. ed.), § 23-1516; T.C.A. § 29-17-604; Acts 2006, ch. 863, § 1.
(a) All parties having any interest or rights in such lands may be made defendants and proceedings shall only cover and affect the interest of those who are actually made parties, the unborn remaindermen being, however, bound by the proceedings to which all living persons in interest are parties.
(b) If it shall appear that any of the parties defendant are minors or otherwise under disability, the presiding judge shall appoint a guardian ad litem to represent them, whose compensation shall be fixed by the court and taxed as a part of the costs.
Acts 1937, ch. 262, § 4; C. Supp. 1950, § 3170.4 (Williams, § 3171.4); T.C.A. (orig. ed.), § 23-1516; T.C.A. § 29-17-604; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-40-102 — TN Code / Title 29 / Chapter 40 / Section 29-40-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Affiliate" means: (A) With respect to an individual: (i) A companion of the individual; (ii) A lineal ancestor or descendant, whether by blood or adoption, of: (a) The individual; or (b) A companion of the individual; (iii) A companion of an ancestor or descendant described in subdivision (1)(A)(ii); (iv) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or (v) Any other individual occupying the residence of the individual; and (B) With respect to a person other than an individual: (i) Another person that directly or indirectly controls, is controlled by, or is under common control with the person; (ii) An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or (iii) A companion of, or an individual occupying the residence of, an individual described in subdivision (1)(B)(i) or (1)(B)(ii); (2) "Companion" means: (A) The spouse of an individual; (B) The domestic partner of an individual; or (C) Another individual in a civil union with an individual; (3) "Court" means a chancery court in this state; (4) "Executory contract" means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach; (5) "Governmental unit" means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state; (6) "Lien" means an interest in property that secures payment or performance of an obligation; (7) "Mortgage" means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the mortgage also creates or provides for a lien on personal property; (8) "Mortgagee" means a person entitled to enforce an obligation secured by a mortgage; (9) "Mortgagor" means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage; (10) "Owner" means the person for whose property a receiver is appointed; (11) "Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity; (12) "Proceeds" means the following property: (A) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property; (B) Whatever is collected on, or distributed on account of, receivership property; (C) Rights arising out of receivership property; (D) To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property; or (E) To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property; (13) "Property" means all of a person's right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. "Property" includes proceeds, products, offspring, rents, or profits of or from the property; (14) "Receiver" means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property; (15) "Receivership" means a proceeding in which a receiver is appointed; (16) "Receivership property" means the property of an owner which is described in the order appointing a receiver or a subsequent order. "Receivership property" includes any proceeds, products, offspring, rents, or profits of or from the property; (17) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form; (18) "Rents" means: (A) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person; (B) Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property; (C) Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person; (D) Sums payable to terminate an agreement to possess or occupy real property of another person; (E) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or constructing or installing improvements on real property; or (F) Other sums payable under an agreement relating to the real property of another person that constitute rents under the law of this state, other than this chapter; (19) "Secured obligation" means an obligation the payment or performance of which is secured by a security agreement; (20) "Security agreement" means an agreement that creates or provides for a lien; (21) "Sign" means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic sound, symbol, or process; and (22) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
As used in this chapter:
(1) "Affiliate" means: (A) With respect to an individual: (i) A companion of the individual; (ii) A lineal ancestor or descendant, whether by blood or adoption, of: (a) The individual; or (b) A companion of the individual; (iii) A companion of an ancestor or descendant described in subdivision (1)(A)(ii); (iv) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or (v) Any other individual occupying the residence of the individual; and (B) With respect to a person other than an individual: (i) Another person that directly or indirectly controls, is controlled by, or is under common control with the person; (ii) An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or (iii) A companion of, or an individual occupying the residence of, an individual described in subdivision (1)(B)(i) or (1)(B)(ii);
(A) With respect to an individual: (i) A companion of the individual; (ii) A lineal ancestor or descendant, whether by blood or adoption, of: (a) The individual; or (b) A companion of the individual; (iii) A companion of an ancestor or descendant described in subdivision (1)(A)(ii); (iv) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or (v) Any other individual occupying the residence of the individual; and
(i) A companion of the individual;
(ii) A lineal ancestor or descendant, whether by blood or adoption, of: (a) The individual; or (b) A companion of the individual;
(a) The individual; or
(b) A companion of the individual;
(iii) A companion of an ancestor or descendant described in subdivision (1)(A)(ii);
(iv) A sibling, aunt, uncle, great aunt, great uncle, first cousin, niece, nephew, grandniece, or grandnephew of the individual, whether related by the whole or the half blood or adoption, or a companion of any of them; or
(v) Any other individual occupying the residence of the individual; and
(B) With respect to a person other than an individual: (i) Another person that directly or indirectly controls, is controlled by, or is under common control with the person; (ii) An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or (iii) A companion of, or an individual occupying the residence of, an individual described in subdivision (1)(B)(i) or (1)(B)(ii);
(i) Another person that directly or indirectly controls, is controlled by, or is under common control with the person;
(ii) An officer, director, manager, member, partner, employee, or trustee or other fiduciary of the person; or
(iii) A companion of, or an individual occupying the residence of, an individual described in subdivision (1)(B)(i) or (1)(B)(ii);
(2) "Companion" means: (A) The spouse of an individual; (B) The domestic partner of an individual; or (C) Another individual in a civil union with an individual;
(A) The spouse of an individual;
(B) The domestic partner of an individual; or
(C) Another individual in a civil union with an individual;
(3) "Court" means a chancery court in this state;
(4) "Executory contract" means a contract, including a lease, under which each party has an unperformed obligation and the failure of a party to complete performance would constitute a material breach;
(5) "Governmental unit" means an office, department, division, bureau, board, commission, or other agency of this state or a subdivision of this state;
(6) "Lien" means an interest in property that secures payment or performance of an obligation;
(7) "Mortgage" means a record, however denominated, that creates or provides for a consensual lien on real property or rents, even if the mortgage also creates or provides for a lien on personal property;
(8) "Mortgagee" means a person entitled to enforce an obligation secured by a mortgage;
(9) "Mortgagor" means a person that grants a mortgage or a successor in ownership of the real property described in the mortgage;
(10) "Owner" means the person for whose property a receiver is appointed;
(11) "Person" means an individual; estate; business or nonprofit entity; public corporation; government or governmental subdivision, agency, or instrumentality; or other legal entity;
(12) "Proceeds" means the following property: (A) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property; (B) Whatever is collected on, or distributed on account of, receivership property; (C) Rights arising out of receivership property; (D) To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property; or (E) To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property;
(A) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property;
(B) Whatever is collected on, or distributed on account of, receivership property;
(C) Rights arising out of receivership property;
(D) To the extent of the value of receivership property, claims arising out of the loss, nonconformity, or interference with the use of, defects or infringement of rights in, or damage to the property; or
(E) To the extent of the value of receivership property and to the extent payable to the owner or mortgagee, insurance payable by reason of the loss or nonconformity of, defects or infringement of rights in, or damage to the property;
(13) "Property" means all of a person's right, title, and interest, both legal and equitable, in real and personal property, tangible and intangible, wherever located and however acquired. "Property" includes proceeds, products, offspring, rents, or profits of or from the property;
(14) "Receiver" means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property;
(15) "Receivership" means a proceeding in which a receiver is appointed;
(16) "Receivership property" means the property of an owner which is described in the order appointing a receiver or a subsequent order. "Receivership property" includes any proceeds, products, offspring, rents, or profits of or from the property;
(17) "Record", used as a noun, means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form;
(18) "Rents" means: (A) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person; (B) Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property; (C) Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person; (D) Sums payable to terminate an agreement to possess or occupy real property of another person; (E) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or constructing or installing improvements on real property; or (F) Other sums payable under an agreement relating to the real property of another person that constitute rents under the law of this state, other than this chapter;
(A) Sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person;
(B) Sums payable to a mortgagor under a policy of rental-interruption insurance covering real property;
(C) Claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person;
(D) Sums payable to terminate an agreement to possess or occupy real property of another person;
(E) Sums payable to a mortgagor for payment or reimbursement of expenses incurred in owning, operating, and maintaining real property or constructing or installing improvements on real property; or
(F) Other sums payable under an agreement relating to the real property of another person that constitute rents under the law of this state, other than this chapter;
(19) "Secured obligation" means an obligation the payment or performance of which is secured by a security agreement;
(20) "Security agreement" means an agreement that creates or provides for a lien;
(21) "Sign" means, with present intent to authenticate or adopt a record: (A) To execute or adopt a tangible symbol; or (B) To attach to or logically associate with the record an electronic sound, symbol, or process; and
(A) To execute or adopt a tangible symbol; or
(B) To attach to or logically associate with the record an electronic sound, symbol, or process; and
(22) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-31-103 — TN Code / Title 29 / Chapter 31 / Section 29-31-103
Defendants not required
Status: in_force

If such kindred unite in such application, or if the minor has no kindred within the prescribed degree, or the place of residence of such kindred is unknown to the minor or the next friend, it shall not be necessary to make any person defendant thereto; provided, that if any such minor shall have a general guardian, the minor's guardian shall be made a defendant. Acts 1915, ch. 162, § 3; Shan., § 6106a5; mod. Code 1932, §10372; Acts 1961, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1203.
If such kindred unite in such application, or if the minor has no kindred within the prescribed degree, or the place of residence of such kindred is unknown to the minor or the next friend, it shall not be necessary to make any person defendant thereto; provided, that if any such minor shall have a general guardian, the minor's guardian shall be made a defendant.
Acts 1915, ch. 162, § 3; Shan., § 6106a5; mod. Code 1932, §10372; Acts 1961, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1203.
Tenn. Code Ann. § 29-3-109 — TN Code / Title 29 / Chapter 3 / Section 29-3-109
Discovery
Status: in_force

Discovery may be permitted under the rules of civil procedure consistent with a scheduling order entered by the court upon motion of any party or upon the court's own initiative. Discovery shall not disrupt the effect of the temporary injunction issued under § 29-3-105 or § 29-3-106 , and neither the identity nor the location of a confidential informant used to establish gang membership under § 29-3-101(a)(2) shall be discoverable. Added by 2014 Tenn. Acts, ch. 865, s 3, eff. 7/1/2014.
Discovery may be permitted under the rules of civil procedure consistent with a scheduling order entered by the court upon motion of any party or upon the court's own initiative. Discovery shall not disrupt the effect of the temporary injunction issued under § 29-3-105 or § 29-3-106 , and neither the identity nor the location of a confidential informant used to establish gang membership under § 29-3-101(a)(2) shall be discoverable.
Added by 2014 Tenn. Acts, ch. 865, s 3, eff. 7/1/2014.
Tenn. Code Ann. § 29-27-106 — TN Code / Title 29 / Chapter 27 / Section 29-27-106
Jurisdiction of courts
Status: in_force

(a) The county, circuit, or chancery courts have concurrent jurisdiction of partition cases under this chapter, by bill or petition. (b) Nothing in this chapter shall deprive the chancery court of the jurisdiction rightfully belonging to that court over the subject of partition and sales of realty for the purposes of division. Code 1858, §§ 3266, 3267 (deriv. Acts 1835-1836, ch. 20, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 92, § 1); Shan., §§ 5014, 5015; Code 1932, §§ 9169, 9170; T.C.A. (orig. ed.), §§ 23-2106.
(a) The county, circuit, or chancery courts have concurrent jurisdiction of partition cases under this chapter, by bill or petition.
(b) Nothing in this chapter shall deprive the chancery court of the jurisdiction rightfully belonging to that court over the subject of partition and sales of realty for the purposes of division.
Code 1858, §§ 3266, 3267 (deriv. Acts 1835-1836, ch. 20, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 92, § 1); Shan., §§ 5014, 5015; Code 1932, §§ 9169, 9170; T.C.A. (orig. ed.), §§ 23-2106.
Tenn. Code Ann. § 29-39-101 — TN Code / Title 29 / Chapter 39 / Section 29-39-101
Chapter definitions
Status: in_force

When used in this chapter, the following words, shall have the meanings set forth below, unless the context clearly requires otherwise: (1) "Economic damages" means damages, to the extent they are provided by applicable law, for: objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, mental health treatment, custodial care, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, repair or replacement of property, obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses; and (2) "Noneconomic damages" means damages, to the extent they are provided by applicable law, for: physical and emotional pain; suffering; inconvenience; physical impairment; disfigurement; mental anguish; emotional distress; loss of society, companionship, and consortium; injury to reputation; humiliation; noneconomic effects of disability, including loss of enjoyment of normal activities, benefits and pleasures of life and loss of mental or physical health, well-being or bodily functions; and all other nonpecuniary losses of any kind or nature. Acts 2011 , ch. 510, § 10.
When used in this chapter, the following words, shall have the meanings set forth below, unless the context clearly requires otherwise:
(1) "Economic damages" means damages, to the extent they are provided by applicable law, for: objectively verifiable pecuniary damages arising from medical expenses and medical care, rehabilitation services, mental health treatment, custodial care, loss of earnings and earning capacity, loss of income, burial costs, loss of use of property, repair or replacement of property, obtaining substitute domestic services, loss of employment, loss of business or employment opportunities, and other objectively verifiable monetary losses; and
(2) "Noneconomic damages" means damages, to the extent they are provided by applicable law, for: physical and emotional pain; suffering; inconvenience; physical impairment; disfigurement; mental anguish; emotional distress; loss of society, companionship, and consortium; injury to reputation; humiliation; noneconomic effects of disability, including loss of enjoyment of normal activities, benefits and pleasures of life and loss of mental or physical health, well-being or bodily functions; and all other nonpecuniary losses of any kind or nature.
Acts 2011 , ch. 510, § 10.
Tenn. Code Ann. § 29-25-104 — TN Code / Title 29 / Chapter 25 / Section 29-25-104
Notice to and intervention by third person
Status: in_force

The defendant in the writ shall notify any third person claiming title to or interest in the matter in controversy, and such third person may, upon application, be made a defendant, and permitted to file an answer, upon giving security for costs. Code 1858, § 3571 (deriv. Acts 1831, ch. 51, § 3); Shan., § 5335; Code 1932, § 9495; T.C.A. (orig. ed.), § 23-2004.
The defendant in the writ shall notify any third person claiming title to or interest in the matter in controversy, and such third person may, upon application, be made a defendant, and permitted to file an answer, upon giving security for costs.
Code 1858, § 3571 (deriv. Acts 1831, ch. 51, § 3); Shan., § 5335; Code 1932, § 9495; T.C.A. (orig. ed.), § 23-2004.
Tenn. Code Ann. § 29-40-122 — TN Code / Title 29 / Chapter 40 / Section 29-40-122
Removal of receiver - Replacement - Termination of receivership
Status: in_force

(a) The court may remove a receiver for cause. (b) The court shall replace a receiver that dies, resigns, or is removed. (c) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged. (d) The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment: (1) The fees and expenses of the receivership, including reasonable attorney's fees and costs; and (2) Actual damages caused by the appointment, including reasonable attorney's fees and costs. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) The court may remove a receiver for cause.
(b) The court shall replace a receiver that dies, resigns, or is removed.
(c) If the court finds that a receiver that resigns or is removed, or the representative of a receiver that is deceased, has accounted fully for and turned over to the successor receiver all receivership property and has filed a report of all receipts and disbursements during the service of the replaced receiver, the replaced receiver is discharged.
(d) The court may discharge a receiver and terminate the court's administration of the receivership property if the court finds that appointment of the receiver was improvident or that the circumstances no longer warrant continuation of the receivership. If the court finds that the appointment was sought wrongfully or in bad faith, the court may assess against the person that sought the appointment: (1) The fees and expenses of the receivership, including reasonable attorney's fees and costs; and (2) Actual damages caused by the appointment, including reasonable attorney's fees and costs.
(1) The fees and expenses of the receivership, including reasonable attorney's fees and costs; and
(2) Actual damages caused by the appointment, including reasonable attorney's fees and costs.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-9-102 — TN Code / Title 29 / Chapter 9 / Section 29-9-102
Scope of power
Status: in_force

The power of the several courts to issue attachments, and inflict punishments for contempts of court, shall not be construed to extend to any except the following cases: (1) The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice; (2) The willful misbehavior of any of the officers of such courts, in their official transactions; (3) The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts; (4) Abuse of, or unlawful interference with, the process or proceedings of the court; (5) Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or (6) Any other act or omission declared a contempt by law. Code 1858, § 4106 (deriv. Acts 1831, ch. 19, § 1); Shan., § 5918; Code 1932, § 10119; T.C.A. (orig. ed.), § 23-902.
The power of the several courts to issue attachments, and inflict punishments for contempts of court, shall not be construed to extend to any except the following cases:
(1) The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice;
(2) The willful misbehavior of any of the officers of such courts, in their official transactions;
(3) The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts;
(4) Abuse of, or unlawful interference with, the process or proceedings of the court;
(5) Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or
(6) Any other act or omission declared a contempt by law.
Code 1858, § 4106 (deriv. Acts 1831, ch. 19, § 1); Shan., § 5918; Code 1932, § 10119; T.C.A. (orig. ed.), § 23-902.
Tenn. Code Ann. § 29-6-159 — TN Code / Title 29 / Chapter 6 / Section 29-6-159
Execution for unsatisfied balance
Status: in_force

When the property attached is not sufficient to satisfy the recovery, execution may issue for the residue, in case there shall have been appearance by, or personal service of summons on, the defendant. Code 1858, § 3538; Shan., § 5298; mod. Code 1932, § 9490; T.C.A. (orig. ed.), § 23-659.
When the property attached is not sufficient to satisfy the recovery, execution may issue for the residue, in case there shall have been appearance by, or personal service of summons on, the defendant.
Code 1858, § 3538; Shan., § 5298; mod. Code 1932, § 9490; T.C.A. (orig. ed.), § 23-659.