Tenn. Code Ann. § 29-28-104 — TN Code / Title 29 / Chapter 28 / Section 29-28-104
Compliance with government standards - Rebuttable presumption
Status: in_force

(a) Compliance by a manufacturer or seller with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards for design, inspection, testing, manufacture, labeling, warning or instructions for use of a product, shall raise a rebuttable presumption that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards. (b) A manufacturer or seller, other than a manufacturer of a drug or device, shall not be liable for exemplary or punitive damages if: (1) The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold, or represented in relevant and material respects in accordance with the terms of approval, license or similar determination of a government agency; or (2) The product was in compliance with a statute of the state or the United States, or a standard, rule, regulation, order, or other action of a government agency pursuant to statutory authority, when such statute or agency action is relevant to the event or risk allegedly causing the harm and the product was in compliance at the time the product left the control of the manufacturer or seller. (c) Subsection (b) shall not apply if the claimant establishes that the manufacturer or seller: (1) At any time before the event that allegedly caused the harm, sold the product after the effective date of an order of a government agency that ordered the removal of the product from the market or withdrew the agency's approval of the product; or (2) In violation of applicable regulations, withheld or misrepresented to the government agency information material to the approval and such information is relevant to the harm which the claimant allegedly suffered. (d) The award of punitive or exemplary damages against a manufacturer of a drug or device shall be governed by § 29-39-104 . Acts 1978, ch. 703, § 4; T.C.A., §23-3704; Acts 2011 , ch. 510, § 11.
(a) Compliance by a manufacturer or seller with any federal or state statute or administrative regulation existing at the time a product was manufactured and prescribing standards for design, inspection, testing, manufacture, labeling, warning or instructions for use of a product, shall raise a rebuttable presumption that the product is not in an unreasonably dangerous condition in regard to matters covered by these standards.
(b) A manufacturer or seller, other than a manufacturer of a drug or device, shall not be liable for exemplary or punitive damages if: (1) The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold, or represented in relevant and material respects in accordance with the terms of approval, license or similar determination of a government agency; or (2) The product was in compliance with a statute of the state or the United States, or a standard, rule, regulation, order, or other action of a government agency pursuant to statutory authority, when such statute or agency action is relevant to the event or risk allegedly causing the harm and the product was in compliance at the time the product left the control of the manufacturer or seller.
(1) The product alleged to have caused the harm was designed, manufactured, packaged, labeled, sold, or represented in relevant and material respects in accordance with the terms of approval, license or similar determination of a government agency; or
(2) The product was in compliance with a statute of the state or the United States, or a standard, rule, regulation, order, or other action of a government agency pursuant to statutory authority, when such statute or agency action is relevant to the event or risk allegedly causing the harm and the product was in compliance at the time the product left the control of the manufacturer or seller.
(c) Subsection (b) shall not apply if the claimant establishes that the manufacturer or seller: (1) At any time before the event that allegedly caused the harm, sold the product after the effective date of an order of a government agency that ordered the removal of the product from the market or withdrew the agency's approval of the product; or (2) In violation of applicable regulations, withheld or misrepresented to the government agency information material to the approval and such information is relevant to the harm which the claimant allegedly suffered.
(1) At any time before the event that allegedly caused the harm, sold the product after the effective date of an order of a government agency that ordered the removal of the product from the market or withdrew the agency's approval of the product; or
(2) In violation of applicable regulations, withheld or misrepresented to the government agency information material to the approval and such information is relevant to the harm which the claimant allegedly suffered.
(d) The award of punitive or exemplary damages against a manufacturer of a drug or device shall be governed by § 29-39-104 .
Acts 1978, ch. 703, § 4; T.C.A., §23-3704; Acts 2011 , ch. 510, § 11.
Tenn. Code Ann. § 29-27-203 — TN Code / Title 29 / Chapter 27 / Section 29-27-203
Alternative application
Status: in_force

The application may be in the alternative for partition, if practicable or advisable, and, if otherwise, for a sale. Code 1858, § 3296 (deriv. Acts 1853-1854, ch. 48, § 1); Shan., § 5045; Code 1932, § 9200; T.C.A. (orig. ed.), § 23-2130.
The application may be in the alternative for partition, if practicable or advisable, and, if otherwise, for a sale.
Code 1858, § 3296 (deriv. Acts 1853-1854, ch. 48, § 1); Shan., § 5045; Code 1932, § 9200; T.C.A. (orig. ed.), § 23-2130.
Tenn. Code Ann. § 29-16-201 — TN Code / Title 29 / Chapter 16 / Section 29-16-201
Determining appraised value of property damaged by governmental entity
Status: in_force

Notwithstanding law to the contrary, in any case where a governmental entity accidentally or negligently causes substantial property damage, the appraised value recorded by the assessor of property for the year in which the damage occurred, divided by the state approved appraisal ratio for the county, shall be admissible into evidence as to the value of such property if such property owner: (1) Had no prior notice or knowledge that such damages would occur; and (2) Did not have a reasonably current appraisal preexisting the date of the property damage. Renumbered from T.C.A. s 29-16-127by 2014 Tenn. Acts, ch. 927,s 2, eff. 5/16/2014. Acts 2001, ch. 276, § 1.
Notwithstanding law to the contrary, in any case where a governmental entity accidentally or negligently causes substantial property damage, the appraised value recorded by the assessor of property for the year in which the damage occurred, divided by the state approved appraisal ratio for the county, shall be admissible into evidence as to the value of such property if such property owner:
(1) Had no prior notice or knowledge that such damages would occur; and
(2) Did not have a reasonably current appraisal preexisting the date of the property damage.
Renumbered from T.C.A. s 29-16-127by 2014 Tenn. Acts, ch. 927,s 2, eff. 5/16/2014.
Acts 2001, ch. 276, § 1.
Tenn. Code Ann. § 29-28-107 — TN Code / Title 29 / Chapter 28 / Section 29-28-107
Complaint - Statement of damages
Status: in_force

Any complaint filed in a products liability action shall state an amount of such suit sought to be recovered from any defendant. Acts 1978, ch. 703, § 7; T.C.A., § 23-3707.
Any complaint filed in a products liability action shall state an amount of such suit sought to be recovered from any defendant.
Acts 1978, ch. 703, § 7; T.C.A., § 23-3707.
Tenn. Code Ann. § 29-21-117 — TN Code / Title 29 / Chapter 21 / Section 29-21-117
Production of plaintiff by defendant
Status: in_force

(a) At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so. (b) If the cause shown for not producing such person be sickness or infirmity, the fact shall be verified by affidavit, and other evidence if required. (c) The court may thereupon proceed as if the party were produced, or adjourn to the place where such party then is, or to some other time and place, according to circumstances. Code 1858, §§ 3746-3748; Shan., §§ 5526-5528; Code 1932, §§ 9696-9698; T.C.A. (orig. ed.), § 23-1825.
(a) At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so.
(b) If the cause shown for not producing such person be sickness or infirmity, the fact shall be verified by affidavit, and other evidence if required.
(c) The court may thereupon proceed as if the party were produced, or adjourn to the place where such party then is, or to some other time and place, according to circumstances.
Code 1858, §§ 3746-3748; Shan., §§ 5526-5528; Code 1932, §§ 9696-9698; T.C.A. (orig. ed.), § 23-1825.
Tenn. Code Ann. § 29-8-101 — TN Code / Title 29 / Chapter 8 / Section 29-8-101
Jurisdiction - Persons ineligible - Inmates
Status: in_force

(a) The circuit, probate and county courts have concurrent jurisdiction to change names and to correct errors in birth certificates on the application of a resident of the county in which the application is made. (b) (1) Notwithstanding any other law to the contrary, persons who have been convicted of the following offenses shall not have the right to legally change their names: (A) First or second degree murder; or (B) Any offense, the commission of which requires a sexual offender to register pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2. (2) If the court has reason to believe that the petition is being made to defraud or mislead, is not being made in good faith, will cause injury to an individual or to compromise public safety, then the petition shall be denied. (3) If the person seeking to have the person's name changed has a felony conviction, other than for those offenses enumerated in subdivision (b)(1), then the petition is presumed to be made in bad faith, to defraud or mislead, to cause injury to an individual or to compromise public safety. The name change shall not be granted unless the individual requesting the name change proves by clear and convincing evidence that the petition is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual and will not compromise public safety. (4) This subsection (b) shall not apply if the name change is the result of a lawful marriage, marital dissolution or adoption. (c) No public funds shall be expended to change the name of any person who is an inmate in the custody of the department of correction. Code 1858, § 3636 (deriv. Acts 1827, ch. 16, § 1; 1851-1852, ch. 338, §1); Shan., § 5402; mod. Code 1932, § 9561; impl. am. Acts 1949, ch. 127, § 2; C. Supp. 1950, § 9561; Acts 1951, ch. 202, § 38; modified; Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), §23-801; Acts 1995, ch. 548, § 1; 1998, ch. 756, §1; 2009 , ch. 385, § 1.
(a) The circuit, probate and county courts have concurrent jurisdiction to change names and to correct errors in birth certificates on the application of a resident of the county in which the application is made.
(b) (1) Notwithstanding any other law to the contrary, persons who have been convicted of the following offenses shall not have the right to legally change their names: (A) First or second degree murder; or (B) Any offense, the commission of which requires a sexual offender to register pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2. (2) If the court has reason to believe that the petition is being made to defraud or mislead, is not being made in good faith, will cause injury to an individual or to compromise public safety, then the petition shall be denied. (3) If the person seeking to have the person's name changed has a felony conviction, other than for those offenses enumerated in subdivision (b)(1), then the petition is presumed to be made in bad faith, to defraud or mislead, to cause injury to an individual or to compromise public safety. The name change shall not be granted unless the individual requesting the name change proves by clear and convincing evidence that the petition is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual and will not compromise public safety. (4) This subsection (b) shall not apply if the name change is the result of a lawful marriage, marital dissolution or adoption.
(1) Notwithstanding any other law to the contrary, persons who have been convicted of the following offenses shall not have the right to legally change their names: (A) First or second degree murder; or (B) Any offense, the commission of which requires a sexual offender to register pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
(A) First or second degree murder; or
(B) Any offense, the commission of which requires a sexual offender to register pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
(2) If the court has reason to believe that the petition is being made to defraud or mislead, is not being made in good faith, will cause injury to an individual or to compromise public safety, then the petition shall be denied.
(3) If the person seeking to have the person's name changed has a felony conviction, other than for those offenses enumerated in subdivision (b)(1), then the petition is presumed to be made in bad faith, to defraud or mislead, to cause injury to an individual or to compromise public safety. The name change shall not be granted unless the individual requesting the name change proves by clear and convincing evidence that the petition is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual and will not compromise public safety.
(4) This subsection (b) shall not apply if the name change is the result of a lawful marriage, marital dissolution or adoption.
(c) No public funds shall be expended to change the name of any person who is an inmate in the custody of the department of correction.
Code 1858, § 3636 (deriv. Acts 1827, ch. 16, § 1; 1851-1852, ch. 338, §1); Shan., § 5402; mod. Code 1932, § 9561; impl. am. Acts 1949, ch. 127, § 2; C. Supp. 1950, § 9561; Acts 1951, ch. 202, § 38; modified; Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), §23-801; Acts 1995, ch. 548, § 1; 1998, ch. 756, §1; 2009 , ch. 385, § 1.
Tenn. Code Ann. § 29-15-108 — TN Code / Title 29 / Chapter 15 / Section 29-15-108
Title bonds as evidence
Status: in_force

On trials of actions of ejectment between vendor and vendee, title bonds, properly proved and registered, may be read in evidence, and shall have the same force and effect as a deed between the same parties. Acts 1867-1868, ch. 59, § 1; Shan., § 4985; Code 1932, §9133; T.C.A. (orig. ed.), § 23-1314.
On trials of actions of ejectment between vendor and vendee, title bonds, properly proved and registered, may be read in evidence, and shall have the same force and effect as a deed between the same parties.
Acts 1867-1868, ch. 59, § 1; Shan., § 4985; Code 1932, §9133; T.C.A. (orig. ed.), § 23-1314.
Tenn. Code Ann. § 29-33-112 — TN Code / Title 29 / Chapter 33 / Section 29-33-112
Exoneration of surety
Status: in_force

On the execution of the additional bond as required, or the qualification of a successor, the applicant surety is exonerated from all liability accruing subsequently. Code 1858, § 3676; Shan., § 5446; Code 1932, § 9608; T.C.A. (orig. ed.), § 23-2712.
On the execution of the additional bond as required, or the qualification of a successor, the applicant surety is exonerated from all liability accruing subsequently.
Code 1858, § 3676; Shan., § 5446; Code 1932, § 9608; T.C.A. (orig. ed.), § 23-2712.
Tenn. Code Ann. § 29-21-104 — TN Code / Title 29 / Chapter 21 / Section 29-21-104
Issuance of writ without application
Status: in_force

Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor. Code 1858, § 3730; Shan., § 5510; Code 1932, § 9680; T.C.A. (orig. ed.), § 23-1804.
Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor.
Code 1858, § 3730; Shan., § 5510; Code 1932, § 9680; T.C.A. (orig. ed.), § 23-1804.
Tenn. Code Ann. § 29-21-106 — TN Code / Title 29 / Chapter 21 / Section 29-21-106
Habeas corpus proceedings in municipal courts, corporation courts and courts of general session jurisdiction
Status: in_force

(a) The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without a warrant of arrest having been issued prior to such detention and against whom no formal charges have been made or placed and who has not been taken before a committing magistrate. (b) The petition for such writ of habeas corpus shall be sworn to and shall recite generally that the petitioner is presently being detained without charges; that the petitioner is being held by municipal authorities and/or officials; that petitioner was arrested without a warrant and has not been docketed or charged with any offenses and has not been brought before a committing magistrate. (c) It is the expressed intention of the general assembly to confer on the municipal or corporation courts and general sessions courts of this state, and the judges thereof, the jurisdiction to inquire into the detention of any person being held by municipal authorities and/or officials wherein no warrant for arrest has been issued or any formal charges have been made. (d) No application for habeas corpus made under this section shall be required to be brought pursuant to § 29-21-105 , it being the legislative intent that habeas corpus petitions pursuant to this section shall not be required to be brought before the general sessions or municipal courts but that such petitions may be permitted to be brought before such courts. Acts 1974, ch. 562, § 1; T.C.A., § 23-1849.
(a) The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without a warrant of arrest having been issued prior to such detention and against whom no formal charges have been made or placed and who has not been taken before a committing magistrate.
(b) The petition for such writ of habeas corpus shall be sworn to and shall recite generally that the petitioner is presently being detained without charges; that the petitioner is being held by municipal authorities and/or officials; that petitioner was arrested without a warrant and has not been docketed or charged with any offenses and has not been brought before a committing magistrate.
(c) It is the expressed intention of the general assembly to confer on the municipal or corporation courts and general sessions courts of this state, and the judges thereof, the jurisdiction to inquire into the detention of any person being held by municipal authorities and/or officials wherein no warrant for arrest has been issued or any formal charges have been made.
(d) No application for habeas corpus made under this section shall be required to be brought pursuant to § 29-21-105 , it being the legislative intent that habeas corpus petitions pursuant to this section shall not be required to be brought before the general sessions or municipal courts but that such petitions may be permitted to be brought before such courts.
Acts 1974, ch. 562, § 1; T.C.A., § 23-1849.
Tenn. Code Ann. § 29-26-120 — TN Code / Title 29 / Chapter 26 / Section 29-26-120
Attorneys' fees
Status: in_force

Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court on the basis of time and effort devoted to the litigation by the claimant's attorney, complexity of the claim and other pertinent matters in connection therewith, not to exceed thirty-three and one-third percent (331/3%) of all damages awarded to the claimant. Acts 1975, ch. 299, § 19; 1976, ch. 759, § 19; T.C.A., § 23-3419; Acts 2012 , ch. 798, § 12.
Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court on the basis of time and effort devoted to the litigation by the claimant's attorney, complexity of the claim and other pertinent matters in connection therewith, not to exceed thirty-three and one-third percent (331/3%) of all damages awarded to the claimant.
Acts 1975, ch. 299, § 19; 1976, ch. 759, § 19; T.C.A., § 23-3419; Acts 2012 , ch. 798, § 12.
Tenn. Code Ann. § 29-35-121 — TN Code / Title 29 / Chapter 35 / Section 29-35-121
Appeal
Status: in_force

Either party is entitled to take the case to the proper appellate court as provided by the Tennessee Rules of Appellate Procedure. Code 1858, § 3430 (deriv. Acts 1845-1846, ch. 55, § 7); Shan., §5186; Code 1932, § 9357; T.C.A. (orig. ed.), § 23-2821; Acts 1981, ch. 449, § 2.
Either party is entitled to take the case to the proper appellate court as provided by the Tennessee Rules of Appellate Procedure.
Code 1858, § 3430 (deriv. Acts 1845-1846, ch. 55, § 7); Shan., §5186; Code 1932, § 9357; T.C.A. (orig. ed.), § 23-2821; Acts 1981, ch. 449, § 2.
Tenn. Code Ann. § 29-19-103 — TN Code / Title 29 / Chapter 19 / Section 29-19-103
Qui tam for bringing action
Status: in_force

Any person who institutes an action for money or property, claimed under a contract founded on a gambling consideration, shall forfeit one hundred dollars ($100), recoverable in any court having cognizance; one-half (1/2) to the person who shall sue therefor, the other one-half (1/2) to the county in which action is brought. Code 1858, § 1774 (deriv. Acts 1799, ch. 8, § 5); Shan., § 3164; Code 1932, § 7817; T.C.A. (orig. ed.), § 23-1703.
Any person who institutes an action for money or property, claimed under a contract founded on a gambling consideration, shall forfeit one hundred dollars ($100), recoverable in any court having cognizance; one-half (1/2) to the person who shall sue therefor, the other one-half (1/2) to the county in which action is brought.
Code 1858, § 1774 (deriv. Acts 1799, ch. 8, § 5); Shan., § 3164; Code 1932, § 7817; T.C.A. (orig. ed.), § 23-1703.
Tenn. Code Ann. § 29-27-214 — TN Code / Title 29 / Chapter 27 / Section 29-27-214
Terms of sale
Status: in_force

The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties. Code 1858, § 3300 (deriv. Acts 1827, ch. 54, § 1); Shan., § 5049; Code 1932, § 9204; T.C.A. (orig. ed.), § 23-2144.
The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties.
Code 1858, § 3300 (deriv. Acts 1827, ch. 54, § 1); Shan., § 5049; Code 1932, § 9204; T.C.A. (orig. ed.), § 23-2144.
Tenn. Code Ann. § 29-15-123 — TN Code / Title 29 / Chapter 15 / Section 29-15-123
Improvements setoff
Status: in_force

Persons holding possession in good faith, under color of title, are entitled to have the value of their permanent improvements setoff against the rents and profits which the plaintiff may recover. Code 1858, § 3261 (deriv. Acts 1813, ch. 24, §§ 1, 2; 1827, ch. 46); Shan., § 5009; Code 1932, § 9157; T.C.A. (orig. ed.), § 23-1330.
Persons holding possession in good faith, under color of title, are entitled to have the value of their permanent improvements setoff against the rents and profits which the plaintiff may recover.
Code 1858, § 3261 (deriv. Acts 1813, ch. 24, §§ 1, 2; 1827, ch. 46); Shan., § 5009; Code 1932, § 9157; T.C.A. (orig. ed.), § 23-1330.
Tenn. Code Ann. § 29-4-103 — TN Code / Title 29 / Chapter 4 / Section 29-4-103
Costs
Status: in_force

The parties shall give bond and security for the costs of an agreed case, unless they pay the clerk's fees and state tax in advance; and all costs incurred shall be borne equally by the parties, unless they agree that the costs shall abide the event of the cause. Code 1858, § 3453 (deriv. Acts 1851-1852, ch. 173, § 6); Shan., §5209; Code 1932, § 9386; T.C.A. (orig. ed.), § 23-403.
The parties shall give bond and security for the costs of an agreed case, unless they pay the clerk's fees and state tax in advance; and all costs incurred shall be borne equally by the parties, unless they agree that the costs shall abide the event of the cause.
Code 1858, § 3453 (deriv. Acts 1851-1852, ch. 173, § 6); Shan., §5209; Code 1932, § 9386; T.C.A. (orig. ed.), § 23-403.
Tenn. Code Ann. § 29-33-104 — TN Code / Title 29 / Chapter 33 / Section 29-33-104
Relief of surety on replevy bond
Status: in_force

The surety upon any bond for the replevy of property, given in any cause may, by notice in writing, require the surety's principal to give surety sufficient counter security to indemnify surety against liability on such bond. Code 1858, § 3668; Shan., § 5438; Code 1932, § 9600; T.C.A. (orig. ed.), § 23-2704.
The surety upon any bond for the replevy of property, given in any cause may, by notice in writing, require the surety's principal to give surety sufficient counter security to indemnify surety against liability on such bond.
Code 1858, § 3668; Shan., § 5438; Code 1932, § 9600; T.C.A. (orig. ed.), § 23-2704.
Tenn. Code Ann. § 29-27-204 — TN Code / Title 29 / Chapter 27 / Section 29-27-204
Amendment to pray sale
Status: in_force

The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest. Code 1858, § 3298; Shan., § 5047; Code 1932, § 9202; T.C.A. (orig. ed.), § 23-2131.
The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest.
Code 1858, § 3298; Shan., § 5047; Code 1932, § 9202; T.C.A. (orig. ed.), § 23-2131.
Tenn. Code Ann. § 29-33-110 — TN Code / Title 29 / Chapter 33 / Section 29-33-110
New bond furnished by principal
Status: in_force

Upon public or private application of any surety, if the principal consents to give a new bond, with satisfactory security, it may be taken without further proceedings, with the same effect, as if executed upon order. Code 1858, § 3675; Shan., § 5445; Code 1932, § 9607; T.C.A. (orig. ed.), § 23-2710.
Upon public or private application of any surety, if the principal consents to give a new bond, with satisfactory security, it may be taken without further proceedings, with the same effect, as if executed upon order.
Code 1858, § 3675; Shan., § 5445; Code 1932, § 9607; T.C.A. (orig. ed.), § 23-2710.
Tenn. Code Ann. § 29-21-116 — TN Code / Title 29 / Chapter 21 / Section 29-21-116
Defendant's appearance and return - Answer
Status: in_force

(a) Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required. (b) The person served with the writ shall state in the return, plainly and unequivocally: (1) Whether the person then has, or at any time has had, the plantiff in the person's control or restraint, and, if so, the authority and cause thereof, setting out the same fully; (2) If the party is detained under a writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge, if required; and (3) If the person on whom the writ has been served, has had the plaintiff in the person's custody or power or under the person's restraint, at any time before or after the date of the writ, but has transferred the plaintiff to another person, that person shall state the facts explicitly, and to whom, at what time, for what cause, and by what authority such transfer was made. (c) The return shall be signed by the person making it, and verified by the oath; unless the person is a sworn public officer, and makes the return in an official capacity. Code 1858, §§ 3743 -- 3745; Shan., §§ 5523 -- 5525; Code 1932, §§ 9693 -- 9695; T.C.A. (orig. ed.), §§ 23-1822 -- 23-1824.
(a) Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required.
(b) The person served with the writ shall state in the return, plainly and unequivocally: (1) Whether the person then has, or at any time has had, the plantiff in the person's control or restraint, and, if so, the authority and cause thereof, setting out the same fully; (2) If the party is detained under a writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge, if required; and (3) If the person on whom the writ has been served, has had the plaintiff in the person's custody or power or under the person's restraint, at any time before or after the date of the writ, but has transferred the plaintiff to another person, that person shall state the facts explicitly, and to whom, at what time, for what cause, and by what authority such transfer was made.
(1) Whether the person then has, or at any time has had, the plantiff in the person's control or restraint, and, if so, the authority and cause thereof, setting out the same fully;
(2) If the party is detained under a writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge, if required; and
(3) If the person on whom the writ has been served, has had the plaintiff in the person's custody or power or under the person's restraint, at any time before or after the date of the writ, but has transferred the plaintiff to another person, that person shall state the facts explicitly, and to whom, at what time, for what cause, and by what authority such transfer was made.
(c) The return shall be signed by the person making it, and verified by the oath; unless the person is a sworn public officer, and makes the return in an official capacity.
Code 1858, §§ 3743 -- 3745; Shan., §§ 5523 -- 5525; Code 1932, §§ 9693 -- 9695; T.C.A. (orig. ed.), §§ 23-1822 -- 23-1824.
Tenn. Code Ann. § 29-21-120 — TN Code / Title 29 / Chapter 21 / Section 29-21-120
Adjustment of bail
Status: in_force

The plaintiff may also, in any case, be committed, let to bail, or the plantiff's bail diminished or increased, as justice may require. Code 1858, § 3750; Shan., § 5530; Code 1932, § 9700; T.C.A. (orig. ed.), § 23-1828.
The plaintiff may also, in any case, be committed, let to bail, or the plantiff's bail diminished or increased, as justice may require.
Code 1858, § 3750; Shan., § 5530; Code 1932, § 9700; T.C.A. (orig. ed.), § 23-1828.
Tenn. Code Ann. § 29-20-303 — TN Code / Title 29 / Chapter 20 / Section 29-20-303
[Repealed]
Status: repealed

Acts 1973, ch. 345, § 13; T.C.A., § 23-3315, repealed by Acts 2011 , ch. 368, § 1, effective 5/30/2011.
Tenn. Code Ann. § 29-1-111 — TN Code / Title 29 / Chapter 1 / Section 29-1-111
Scope of provisions
Status: in_force

Sections 29-1-104 - 29-1-110 and chapters 19 and 24 of this title will apply to all cases in any of the courts which may be resorted to for the extraordinary process provided for in this chapter. Code 1858, § 4454; Shan., § 6270; Code 1932, § 10560; T.C.A. (orig. ed.), § 23-113.
Sections 29-1-104 - 29-1-110 and chapters 19 and 24 of this title will apply to all cases in any of the courts which may be resorted to for the extraordinary process provided for in this chapter.
Code 1858, § 4454; Shan., § 6270; Code 1932, § 10560; T.C.A. (orig. ed.), § 23-113.
Tenn. Code Ann. § 29-30-111 — TN Code / Title 29 / Chapter 30 / Section 29-30-111
Issue of counterparts of writs
Status: in_force

Counterpart of the writ of possession may issue, upon suggestion of the plaintiff, to any other county, to be executed upon the goods, or chattels, or served upon defendants found in such county. The court has power to order the issuance of alias and pluries process and writs of possession, and the necessary counterparts thereof, as often as may be necessary. Acts 1973, ch. 365, § 13; T.C.A., § 23-2351.
Counterpart of the writ of possession may issue, upon suggestion of the plaintiff, to any other county, to be executed upon the goods, or chattels, or served upon defendants found in such county. The court has power to order the issuance of alias and pluries process and writs of possession, and the necessary counterparts thereof, as often as may be necessary.
Acts 1973, ch. 365, § 13; T.C.A., § 23-2351.
Tenn. Code Ann. § 29-23-204 — TN Code / Title 29 / Chapter 23 / Section 29-23-204
Decree
Status: in_force

The judge or chancellor may then, upon such bill and answer, hear such cause, at chambers, as upon motion to dissolve the injunction, the judge's or chancellor's decision to be in a written decree, which decree, together with the bill, answer, and exhibits, shall be enclosed in a sealed envelope, to the clerk of the court in which the bill is filed, such decree to constitute a part of the record in the cause, in conformity to the terms of which, the clerk may take bonds from either party, or execute any other order as adjudged in such decree. Acts 1873, ch. 10, § 2; Shan., § 6252; mod. Code 1932, § 10538; T.C.A. (orig. ed.), § 23-2404.
The judge or chancellor may then, upon such bill and answer, hear such cause, at chambers, as upon motion to dissolve the injunction, the judge's or chancellor's decision to be in a written decree, which decree, together with the bill, answer, and exhibits, shall be enclosed in a sealed envelope, to the clerk of the court in which the bill is filed, such decree to constitute a part of the record in the cause, in conformity to the terms of which, the clerk may take bonds from either party, or execute any other order as adjudged in such decree.
Acts 1873, ch. 10, § 2; Shan., § 6252; mod. Code 1932, § 10538; T.C.A. (orig. ed.), § 23-2404.
Tenn. Code Ann. § 29-6-102 — TN Code / Title 29 / Chapter 6 / Section 29-6-102
Debts not due
Status: in_force

An attachment may, in like manner, be sued out upon debts or demands not due, in any of the cases mentioned in § 29-6-101 , except the first; that is, when the debtor or defendant resides out of the state. Code 1858, § 3456 (deriv. Acts 1855-1856, ch. 50, §§ 1, 3); Shan., § 5213; Code 1932, § 9400; T.C.A. (orig. ed.), § 23-602.
An attachment may, in like manner, be sued out upon debts or demands not due, in any of the cases mentioned in § 29-6-101 , except the first; that is, when the debtor or defendant resides out of the state.
Code 1858, § 3456 (deriv. Acts 1855-1856, ch. 50, §§ 1, 3); Shan., § 5213; Code 1932, § 9400; T.C.A. (orig. ed.), § 23-602.
Tenn. Code Ann. § 29-35-102 — TN Code / Title 29 / Chapter 35 / Section 29-35-102
Corporate officers - Trustees
Status: in_force

The action also lies against the directors, managers, and officers of a corporation, or the trustees of funds given for a public or charitable purpose: (1) To bring them to an account for the management and disposition of property entrusted to their care; (2) To remove such officers or trustees on proof of misconduct; (3) To prevent malversation, peculation, and waste; (4) To set aside and restrain improper alienations of such property or funds, and to secure them for the benefit of those interested; and (5) Generally to compel faithful performance of duty. Code 1858, § 3410 (deriv. Acts 1845-1846, ch. 55, § 8); Shan., §5166; Code 1932, § 9337; T.C.A. (orig. ed.), § 23-2802.
The action also lies against the directors, managers, and officers of a corporation, or the trustees of funds given for a public or charitable purpose:
(1) To bring them to an account for the management and disposition of property entrusted to their care;
(2) To remove such officers or trustees on proof of misconduct;
(3) To prevent malversation, peculation, and waste;
(4) To set aside and restrain improper alienations of such property or funds, and to secure them for the benefit of those interested; and
(5) Generally to compel faithful performance of duty.
Code 1858, § 3410 (deriv. Acts 1845-1846, ch. 55, § 8); Shan., §5166; Code 1932, § 9337; T.C.A. (orig. ed.), § 23-2802.
Tenn. Code Ann. § 29-21-111 — TN Code / Title 29 / Chapter 21 / Section 29-21-111
Person by whom writ served
Status: in_force

(a) The writ may be served by the sheriff, coroner, or constable, or any other person appointed for that purpose by the court or judge by whom it is issued or allowed. (b) If served by any other person than the sheriff, that person possesses the same power, and is liable to the same penalty for nonperformance the duty performed by that person, as though the person were the sheriff. Code 1858, § 3731; Shan., § 5511; Code 1932, § 9681; T.C.A. (orig. ed.), § 23-1813.
(a) The writ may be served by the sheriff, coroner, or constable, or any other person appointed for that purpose by the court or judge by whom it is issued or allowed.
(b) If served by any other person than the sheriff, that person possesses the same power, and is liable to the same penalty for nonperformance the duty performed by that person, as though the person were the sheriff.
Code 1858, § 3731; Shan., § 5511; Code 1932, § 9681; T.C.A. (orig. ed.), § 23-1813.
Tenn. Code Ann. § 29-6-163 — TN Code / Title 29 / Chapter 6 / Section 29-6-163
Persons under disability
Status: in_force

Persons laboring under the disabilities of infancy, or unsoundness of mind, at the rendition of the judgment or decree by default, have six (6) months, after the removal of such disability, to appear and show cause against such judgment or decree. Code 1858, § 3532; Shan., § 5292; mod. Code 1932, § 9484; T.C.A. (orig. ed.), § 23-663.
Persons laboring under the disabilities of infancy, or unsoundness of mind, at the rendition of the judgment or decree by default, have six (6) months, after the removal of such disability, to appear and show cause against such judgment or decree.
Code 1858, § 3532; Shan., § 5292; mod. Code 1932, § 9484; T.C.A. (orig. ed.), § 23-663.
Tenn. Code Ann. § 29-17-103 — TN Code / Title 29 / Chapter 17 / Section 29-17-103
Preemption
Status: in_force

In event of a conflict between this part and any other statutes granting the authority to use the power of eminent domain by government entities, or those entities to whom the government delegates such authority, this part shall control and shall be construed to protect the private property rights of individuals and businesses, such that private property may only be condemned and taken for legitimate public use as defined in § 29-17-102 . Acts 2006, ch. 863, § 1.
In event of a conflict between this part and any other statutes granting the authority to use the power of eminent domain by government entities, or those entities to whom the government delegates such authority, this part shall control and shall be construed to protect the private property rights of individuals and businesses, such that private property may only be condemned and taken for legitimate public use as defined in § 29-17-102 .
Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-17-1002 — TN Code / Title 29 / Chapter 17 / Section 29-17-1002
Evidence
Status: in_force

If the trial of any such condemnation case is commenced prior to the completion of the highway for which the land was condemned, or any work being done thereto, maps, drawings or photographs of the land being condemned shall be admissible in evidence, provided the undertaking is substantially complete and such evidence would not misrepresent the same. Acts 1981, ch. 334, § 1; T.C.A. § 29-17-1202; Acts 2006, ch. 863, § 1.
If the trial of any such condemnation case is commenced prior to the completion of the highway for which the land was condemned, or any work being done thereto, maps, drawings or photographs of the land being condemned shall be admissible in evidence, provided the undertaking is substantially complete and such evidence would not misrepresent the same.
Acts 1981, ch. 334, § 1; T.C.A. § 29-17-1202; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-24-101 — TN Code / Title 29 / Chapter 24 / Section 29-24-101
Charge of adultery or fornication
Status: in_force

Any words written, spoken, or printed of a person, wrongfully and maliciously imputing to such person the commission of adultery or fornication, are actionable, without special damage except as otherwise provided in § 29-24-105 . Code 1858, § 3400 (deriv. Acts 1805, ch. 6, § 1); Shan., § 5155; Code 1932, § 9310; Acts 1957, ch. 240, § 3; T.C.A. (orig. ed.), § 23-2601.
Any words written, spoken, or printed of a person, wrongfully and maliciously imputing to such person the commission of adultery or fornication, are actionable, without special damage except as otherwise provided in § 29-24-105 .
Code 1858, § 3400 (deriv. Acts 1805, ch. 6, § 1); Shan., § 5155; Code 1932, § 9310; Acts 1957, ch. 240, § 3; T.C.A. (orig. ed.), § 23-2601.
Tenn. Code Ann. § 29-30-105 — TN Code / Title 29 / Chapter 30 / Section 29-30-105
Restraining order against defendant - Penalty for violation - Form of order
Status: in_force

(a) If requested by the plaintiff and upon the plaintiff's posting bond in an amount to be determined by the court, but not to exceed the value of the property, the judge may concurrently issue an order restraining the defendant from damaging, concealing or removing such property from the court's jurisdiction. (b) Upon proper showing that such order has been violated, the defendant commits a Class C misdemeanor. (c) The restraining order shall be substantially in the following form: "FIAT Upon the plaintiff posting a bond in the amount of $ ____________________, the defendant(s) is (are) hereby restrained from damaging, concealing or removing the described property from the jurisdiction of this court. ______________ Judge (Chancellor)" IF THIS RESTRAINING ORDER IS VIOLATED, THE DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50.00) OR IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BOTH. Acts 1973, ch. 365, § 5; T.C.A., § 23-2345; Acts 1989, ch. 591, § 113.
(a) If requested by the plaintiff and upon the plaintiff's posting bond in an amount to be determined by the court, but not to exceed the value of the property, the judge may concurrently issue an order restraining the defendant from damaging, concealing or removing such property from the court's jurisdiction.
(b) Upon proper showing that such order has been violated, the defendant commits a Class C misdemeanor.
(c) The restraining order shall be substantially in the following form: "FIAT Upon the plaintiff posting a bond in the amount of $ ____________________, the defendant(s) is (are) hereby restrained from damaging, concealing or removing the described property from the jurisdiction of this court. ______________ Judge (Chancellor)" IF THIS RESTRAINING ORDER IS VIOLATED, THE DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50.00) OR IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BOTH.
"FIAT
Upon the plaintiff posting a bond in the amount of $ ____________________, the defendant(s) is (are) hereby restrained from damaging, concealing or removing the described property from the jurisdiction of this court.
______________
Judge (Chancellor)"
IF THIS RESTRAINING ORDER IS VIOLATED, THE DEFENDANT(S) COMMITS A CLASS C MISDEMEANOR AND IS SUBJECT FOR EACH VIOLATION TO A FINE NOT TO EXCEED FIFTY DOLLARS ($50.00) OR IMPRISONMENT FOR NOT MORE THAN THIRTY (30) DAYS, OR BOTH.
Acts 1973, ch. 365, § 5; T.C.A., § 23-2345; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-12-109 — TN Code / Title 29 / Chapter 12 / Section 29-12-109
Bill where legal remedies insufficient
Status: in_force

In all cases where personal service of process cannot be made at law, and where no original attachment at law will lie, and no judgment at law can be obtained, and also in cases where the demand is purely of an equitable nature, the court of chancery has jurisdiction to subject legal and equitable interests in every kind of property, with the exception stated in § 26-4-101 , the lien to commence from the filing of the bill (but as to subsequent purchasers and encumbrancers from registration) if the facts are verified by affidavit, and injunction is granted. Code 1858, § 4287 (deriv. Acts 1832, ch. 11, § 4); Shan., §6096; mod. Code 1932, § 10357; T.C.A. (orig. ed.), § 23-1009.
In all cases where personal service of process cannot be made at law, and where no original attachment at law will lie, and no judgment at law can be obtained, and also in cases where the demand is purely of an equitable nature, the court of chancery has jurisdiction to subject legal and equitable interests in every kind of property, with the exception stated in § 26-4-101 , the lien to commence from the filing of the bill (but as to subsequent purchasers and encumbrancers from registration) if the facts are verified by affidavit, and injunction is granted.
Code 1858, § 4287 (deriv. Acts 1832, ch. 11, § 4); Shan., §6096; mod. Code 1932, § 10357; T.C.A. (orig. ed.), § 23-1009.
Tenn. Code Ann. § 29-15-114 — TN Code / Title 29 / Chapter 15 / Section 29-15-114
Writ of possession
Status: in_force

The judgment is executed by a writ of possession, issued to the sheriff, and directing the sheriff to put the plaintiff in possession of the premises. Code 1858, § 3251 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §4993; Code 1932, § 9141; T.C.A. (orig. ed.), § 23-1320.
The judgment is executed by a writ of possession, issued to the sheriff, and directing the sheriff to put the plaintiff in possession of the premises.
Code 1858, § 3251 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §4993; Code 1932, § 9141; T.C.A. (orig. ed.), § 23-1320.
Tenn. Code Ann. § 29-40-108 — TN Code / Title 29 / Chapter 40 / Section 29-40-108
Receiver's bond - Alternative security
Status: in_force

(a) Except as otherwise provided in subsection (b), a receiver shall post with the court a bond that: (1) Is conditioned on the faithful discharge of the receiver's duties; (2) Has one (1) or more sureties approved by the court; (3) Is in an amount the court specifies; and (4) Is effective as of the date of the receiver's appointment. (b) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge. (c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section. (d) A claim against a receiver's bond or alternative security must be made not later than one (1) year after the date the receiver is discharged. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Except as otherwise provided in subsection (b), a receiver shall post with the court a bond that: (1) Is conditioned on the faithful discharge of the receiver's duties; (2) Has one (1) or more sureties approved by the court; (3) Is in an amount the court specifies; and (4) Is effective as of the date of the receiver's appointment.
(1) Is conditioned on the faithful discharge of the receiver's duties;
(2) Has one (1) or more sureties approved by the court;
(3) Is in an amount the court specifies; and
(4) Is effective as of the date of the receiver's appointment.
(b) The court may approve the posting by a receiver with the court of alternative security, such as a letter of credit or deposit of funds. The receiver may not use receivership property as alternative security. Interest that accrues on deposited funds must be paid to the receiver on the receiver's discharge.
(c) The court may authorize a receiver to act before the receiver posts the bond or alternative security required by this section.
(d) A claim against a receiver's bond or alternative security must be made not later than one (1) year after the date the receiver is discharged.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-16-101 — TN Code / Title 29 / Chapter 16 / Section 29-16-101
Power for internal improvements
Status: in_force

Any person or corporation authorized by law to construct any railroad, turnpike, canal, toll bridge, road, causeway, or other work of internal improvement to which the like privilege is conceded, may take the real estate of individuals, not exceeding the amount prescribed by law, or by the charter under which the person or corporation acts, in the manner and upon the terms herein provided. Code 1858, § 1325; Shan., § 1844; Code 1932, § 3109; T.C.A. (orig. ed.), § 23-1401.
Any person or corporation authorized by law to construct any railroad, turnpike, canal, toll bridge, road, causeway, or other work of internal improvement to which the like privilege is conceded, may take the real estate of individuals, not exceeding the amount prescribed by law, or by the charter under which the person or corporation acts, in the manner and upon the terms herein provided.
Code 1858, § 1325; Shan., § 1844; Code 1932, § 3109; T.C.A. (orig. ed.), § 23-1401.
Tenn. Code Ann. § 29-6-148 — TN Code / Title 29 / Chapter 6 / Section 29-6-148
Appearance of defendant
Status: in_force

(a) Should the defendant appear in time, the defendant may make defense, and the cause proceed as if the suit had been commenced by personal service of process. (b) If the defendant fails to appear or make defense, the plaintiff may take judgment at law, or obtain a decree in equity, in like manner as if the defendant had failed to appear and defend upon personal service of process. Code 1858, § 3526; Shan., § 5286; Code 1932, § 9478; T.C.A. (orig. ed.), § 23-648.
(a) Should the defendant appear in time, the defendant may make defense, and the cause proceed as if the suit had been commenced by personal service of process.
(b) If the defendant fails to appear or make defense, the plaintiff may take judgment at law, or obtain a decree in equity, in like manner as if the defendant had failed to appear and defend upon personal service of process.
Code 1858, § 3526; Shan., § 5286; Code 1932, § 9478; T.C.A. (orig. ed.), § 23-648.
Tenn. Code Ann. § 29-24-103 — TN Code / Title 29 / Chapter 24 / Section 29-24-103
Notice of action against periodical - Effect of retraction
Status: in_force

(a) Before any civil action is brought for publication, in a newspaper or periodical, of a libel, the plaintiff shall, at least five (5) days before instituting such action, serve notice in writing on the defendant, specifying the article and the statements therein which the plaintiff alleges to be false and defamatory. (b) (1) If it appears upon the trial that the article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in the article were true, and that within ten (10) days after the service of such notice, or in the next regular edition of such newspaper or periodical, if more than ten (10) days from date of notice, a full and fair correction, apology, or retraction was published in the same editions, and in the case of a daily newspaper, in all editions of the day of such publication, or corresponding issues of the newspaper or periodical in which the article appeared; and in the case of newspapers on the front page thereof, and in the case of other periodicals in as conspicuous a place as that of the original defamatory article, and in either case, in as conspicuous a plat or type as was the original article, then the plaintiff shall recover only actual, and not punitive, damages. (2) The exemption from punitive damages shall not apply to any article about or affecting a candidate for political office, published within ten (10) days before any election for the office for which the person is a candidate. Acts 1955, ch. 47, § 1; T.C.A., § 23-2605.
(a) Before any civil action is brought for publication, in a newspaper or periodical, of a libel, the plaintiff shall, at least five (5) days before instituting such action, serve notice in writing on the defendant, specifying the article and the statements therein which the plaintiff alleges to be false and defamatory.
(b) (1) If it appears upon the trial that the article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in the article were true, and that within ten (10) days after the service of such notice, or in the next regular edition of such newspaper or periodical, if more than ten (10) days from date of notice, a full and fair correction, apology, or retraction was published in the same editions, and in the case of a daily newspaper, in all editions of the day of such publication, or corresponding issues of the newspaper or periodical in which the article appeared; and in the case of newspapers on the front page thereof, and in the case of other periodicals in as conspicuous a place as that of the original defamatory article, and in either case, in as conspicuous a plat or type as was the original article, then the plaintiff shall recover only actual, and not punitive, damages. (2) The exemption from punitive damages shall not apply to any article about or affecting a candidate for political office, published within ten (10) days before any election for the office for which the person is a candidate.
(1) If it appears upon the trial that the article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in the article were true, and that within ten (10) days after the service of such notice, or in the next regular edition of such newspaper or periodical, if more than ten (10) days from date of notice, a full and fair correction, apology, or retraction was published in the same editions, and in the case of a daily newspaper, in all editions of the day of such publication, or corresponding issues of the newspaper or periodical in which the article appeared; and in the case of newspapers on the front page thereof, and in the case of other periodicals in as conspicuous a place as that of the original defamatory article, and in either case, in as conspicuous a plat or type as was the original article, then the plaintiff shall recover only actual, and not punitive, damages.
(2) The exemption from punitive damages shall not apply to any article about or affecting a candidate for political office, published within ten (10) days before any election for the office for which the person is a candidate.
Acts 1955, ch. 47, § 1; T.C.A., § 23-2605.
Tenn. Code Ann. § 29-5-103 — TN Code / Title 29 / Chapter 5 / Section 29-5-103
Parties entitled to submit
Status: in_force

The submission may be made by any party in interest, or by an executor, administrator, trustee, or assignee for creditors. Code 1858, § 3433; Shan., § 5189; mod. Code 1932, § 9360; T.C.A. (orig. ed.), § 23-503.
The submission may be made by any party in interest, or by an executor, administrator, trustee, or assignee for creditors.
Code 1858, § 3433; Shan., § 5189; mod. Code 1932, § 9360; T.C.A. (orig. ed.), § 23-503.
Tenn. Code Ann. § 29-34-706 — TN Code / Title 29 / Chapter 34 / Section 29-34-706
Prima facie showing - Discovery - Consolidation of actions for trial
Status: in_force

(a) Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant. (b) No evidence shall be offered at trial regarding, and the jury shall not be informed of: (1) The grant or denial of a motion to dismiss an asbestos action under this part; or (2) The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment. (c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one (1) of the parties and for good cause shown. (d) (1) A court may consolidate for trial any number and type of asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person's household. (2) No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person's household shall be permitted. (3) This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes. Amended by 2021 Tenn. Acts, ch. 265, s 2, eff. 7/1/2021. Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
(a) Evidence relating to the prima facie showings required under this part shall not create any presumption that the exposed person has an asbestos-related injury or impairment and shall not be conclusive as to the liability of any defendant.
(b) No evidence shall be offered at trial regarding, and the jury shall not be informed of: (1) The grant or denial of a motion to dismiss an asbestos action under this part; or (2) The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment.
(1) The grant or denial of a motion to dismiss an asbestos action under this part; or
(2) The provisions of this part with respect to what constitutes a prima facie showing of asbestos-related impairment.
(c) Until a court enters an order determining that the exposed person has established prima facie evidence of impairment, no asbestos action shall be subject to discovery, except discovery related to establishing or challenging the prima facie evidence or by order of the trial court upon motion of one (1) of the parties and for good cause shown.
(d) (1) A court may consolidate for trial any number and type of asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person's household. (2) No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person's household shall be permitted. (3) This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes.
(1) A court may consolidate for trial any number and type of asbestos actions with the consent of all the parties. In the absence of such consent, the court may consolidate for trial only asbestos actions relating to the exposed person and members of that person's household.
(2) No class action or any other form of mass aggregation relating to more than one (1) exposed person and members of that person's household shall be permitted.
(3) This subsection (d) does not preclude consolidation of cases by court order for pretrial or discovery purposes.
Amended by 2021 Tenn. Acts, ch. 265, s 2, eff. 7/1/2021.
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-1-107 — TN Code / Title 29 / Chapter 1 / Section 29-1-107
Statement as to first application
Status: in_force

No such extraordinary process shall be granted, unless the party applying therefor state in the party's bill or petition that it is the first application for such process. Code 1858, § 4435 (deriv. Acts 1821, ch. 7, § 1); Shan., § 6247; Code 1932, § 10534; T.C.A. (orig. ed.), § 23-109.
No such extraordinary process shall be granted, unless the party applying therefor state in the party's bill or petition that it is the first application for such process.
Code 1858, § 4435 (deriv. Acts 1821, ch. 7, § 1); Shan., § 6247; Code 1932, § 10534; T.C.A. (orig. ed.), § 23-109.
Tenn. Code Ann. § 29-38-116 — TN Code / Title 29 / Chapter 38 / Section 29-38-116
Representation by prosecuting attorney - Motion for stay of action during drug investigation or prosecution
Status: in_force

(a) A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter. (b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. Acts 2005, ch. 377, § 16.
(a) A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this chapter.
(b) On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action.
Acts 2005, ch. 377, § 16.
Tenn. Code Ann. § 29-20-307 — TN Code / Title 29 / Chapter 20 / Section 29-20-307
Exclusive jurisdiction - No jury
Status: in_force

The circuit courts shall have exclusive original jurisdiction over any action brought under this chapter and shall hear and decide such suits without the intervention of a jury, except as otherwise provided in § 29-20-313(b) ; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, the general sessions court shall have concurrent original jurisdiction with such circuit court over any action brought under this chapter; and provided further, that the jurisdiction conferred upon the general sessions court by this section shall not extend beyond the jurisdictional dollar limit provided in § 16-15-501(d) for such general sessions courts in civil cases generally. Acts 1973, ch. 345, § 16; T.C.A., § 23-3319; Acts 1981, ch. 527, § 4; 1994, ch. 789, § 1; 2011 , ch. 180, § 2.
The circuit courts shall have exclusive original jurisdiction over any action brought under this chapter and shall hear and decide such suits without the intervention of a jury, except as otherwise provided in § 29-20-313(b) ; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, the general sessions court shall have concurrent original jurisdiction with such circuit court over any action brought under this chapter; and provided further, that the jurisdiction conferred upon the general sessions court by this section shall not extend beyond the jurisdictional dollar limit provided in § 16-15-501(d) for such general sessions courts in civil cases generally.
Acts 1973, ch. 345, § 16; T.C.A., § 23-3319; Acts 1981, ch. 527, § 4; 1994, ch. 789, § 1; 2011 , ch. 180, § 2.
Tenn. Code Ann. § 29-5-117 — TN Code / Title 29 / Chapter 5 / Section 29-5-117
Costs
Status: in_force

If there is no provision in the submission respecting costs, the arbitrators, or the court, may apportion and tax same. The court is empowered to revise any apportionment or taxation made by the arbitrators. Code 1932, § 9380; T.C.A. (orig. ed.), § 23-517.
If there is no provision in the submission respecting costs, the arbitrators, or the court, may apportion and tax same. The court is empowered to revise any apportionment or taxation made by the arbitrators.
Code 1932, § 9380; T.C.A. (orig. ed.), § 23-517.
Tenn. Code Ann. § 29-17-709 — TN Code / Title 29 / Chapter 17 / Section 29-17-709
Court control of proceedings
Status: in_force

All questions of law arising upon the pleadings or in any other way arising from the cause may be passed on by the presiding judge, who may, from time to time, in term or vacation make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court, except the hearing before the jury of view. Acts 1937, ch. 262, § 9; C. Supp. 1950, § 3170.9 (Williams, § 3171.9); T.C.A. (orig. ed.), § 23-1521; T.C.A. § 29-17-609; Acts 2006, ch. 863, § 1.
All questions of law arising upon the pleadings or in any other way arising from the cause may be passed on by the presiding judge, who may, from time to time, in term or vacation make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court, except the hearing before the jury of view.
Acts 1937, ch. 262, § 9; C. Supp. 1950, § 3170.9 (Williams, § 3171.9); T.C.A. (orig. ed.), § 23-1521; T.C.A. § 29-17-609; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-6-152 — TN Code / Title 29 / Chapter 6 / Section 29-6-152
Defective replevy bonds
Status: in_force

Replevy bonds are subject to the rules prescribed in §§ 8-19-302 and 8-19-303 . Code 1858, § 3512; Shan., § 5272; Code 1932, § 9463; T.C.A. (orig. ed.), § 23-652.
Replevy bonds are subject to the rules prescribed in §§ 8-19-302 and 8-19-303 .
Code 1858, § 3512; Shan., § 5272; Code 1932, § 9463; T.C.A. (orig. ed.), § 23-652.
Tenn. Code Ann. § 29-38-115 — TN Code / Title 29 / Chapter 38 / Section 29-38-115
Limitation of actions
Status: in_force

(a) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than two (2) years after the cause of action accrues. A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm. (b) For a plaintiff, the statute of limitations under this chapter is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter, or as otherwise provided by law. For a defendant, the statute of limitations under this chapter is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense, or as otherwise provided by law. (c) The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to July 1, 2005, does not begin to run until July 1, 2005. Acts 2005, ch. 377, § 15.
(a) Except as otherwise provided in this section, a claim under this chapter shall not be brought more than two (2) years after the cause of action accrues. A cause of action accrues under this chapter when a person who may recover has reason to know of the harm from illegal drug use that is the basis for the cause of action and has reason to know that the illegal drug use is the cause of the harm.
(b) For a plaintiff, the statute of limitations under this chapter is tolled while the individual potential plaintiff is incapacitated by the use of an illegal drug to the extent that the individual cannot reasonably be expected to seek recovery under this chapter, or as otherwise provided by law. For a defendant, the statute of limitations under this chapter is tolled until six (6) months after the individual potential defendant is convicted of a criminal drug offense, or as otherwise provided by law.
(c) The statute of limitations under this chapter for a claim based on participation in the illegal drug market that occurred prior to July 1, 2005, does not begin to run until July 1, 2005.
Acts 2005, ch. 377, § 15.
Tenn. Code Ann. § 29-13-403 — TN Code / Title 29 / Chapter 13 / Section 29-13-403
Defendant's income - Collection - Deposit
Status: in_force

(a) (1) The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime. (2) If the district attorney general of the district in which a defendant's conviction occurred, or any district attorney general, has or becomes aware of any information concerning income that is in such defendant's possession or is owing to such defendant, it shall be the duty of such district attorney general to notify the attorney general and reporter of such information. (3) Any such district attorney general who has or becomes aware of information concerning a defendant's income as described in subdivision (a)(2) shall also assist and work with the attorney general and reporter in locating and collecting such income. (b) The attorney general and reporter shall deposit the moneys collected in an interest-bearing escrow account in the name of the defendant. The moneys shall be payable to the victim or victims of the crime committed by the defendant. The moneys shall only be payable if the victim, or legal representative of the victim's estate, brings a civil action in a court of competent jurisdiction for money damages against the defendant within three (3) years from the date of the crime, subject to § 29-13-404 . Acts 1994, ch. 1003, § 3; 1995, ch. 506, § 1.
(a) (1) The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime. (2) If the district attorney general of the district in which a defendant's conviction occurred, or any district attorney general, has or becomes aware of any information concerning income that is in such defendant's possession or is owing to such defendant, it shall be the duty of such district attorney general to notify the attorney general and reporter of such information. (3) Any such district attorney general who has or becomes aware of information concerning a defendant's income as described in subdivision (a)(2) shall also assist and work with the attorney general and reporter in locating and collecting such income.
(1) The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime.
(2) If the district attorney general of the district in which a defendant's conviction occurred, or any district attorney general, has or becomes aware of any information concerning income that is in such defendant's possession or is owing to such defendant, it shall be the duty of such district attorney general to notify the attorney general and reporter of such information.
(3) Any such district attorney general who has or becomes aware of information concerning a defendant's income as described in subdivision (a)(2) shall also assist and work with the attorney general and reporter in locating and collecting such income.
(b) The attorney general and reporter shall deposit the moneys collected in an interest-bearing escrow account in the name of the defendant. The moneys shall be payable to the victim or victims of the crime committed by the defendant. The moneys shall only be payable if the victim, or legal representative of the victim's estate, brings a civil action in a court of competent jurisdiction for money damages against the defendant within three (3) years from the date of the crime, subject to § 29-13-404 .
Acts 1994, ch. 1003, § 3; 1995, ch. 506, § 1.
Tenn. Code Ann. § 29-18-118 — TN Code / Title 29 / Chapter 18 / Section 29-18-118
Postponement of trial
Status: in_force

The general sessions judge may, at the request of either party, and on good reason being assigned, postpone the trial to any time not exceeding seven (7) days. The postponement shall not be for a longer period of time unless agreed upon by the parties, no civil court is being conducted, or upon request of the plaintiff, the party making the application for postponement paying the costs. As used in this section, "civil court" includes diversionary courts created for special civil proceedings. Amended by 2024 Tenn. Acts, ch. 755,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 869, s 1, eff. 4/14/2022. Code 1858, § 3355 (deriv. Acts 1821, ch. 14, § 15); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5104; Code 1932, § 9258; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §23-1618; Acts 2010 , ch. 809, § 1.
The general sessions judge may, at the request of either party, and on good reason being assigned, postpone the trial to any time not exceeding seven (7) days. The postponement shall not be for a longer period of time unless agreed upon by the parties, no civil court is being conducted, or upon request of the plaintiff, the party making the application for postponement paying the costs. As used in this section, "civil court" includes diversionary courts created for special civil proceedings.
Amended by 2024 Tenn. Acts, ch. 755,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 869, s 1, eff. 4/14/2022.
Code 1858, § 3355 (deriv. Acts 1821, ch. 14, § 15); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5104; Code 1932, § 9258; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §23-1618; Acts 2010 , ch. 809, § 1.
Tenn. Code Ann. § 29-15-107 — TN Code / Title 29 / Chapter 15 / Section 29-15-107
Facts to be proved
Status: in_force

(a) Upon the trial, the plaintiff need not prove an actual entry on or possession of the premises demanded, or receipt of any profits thereof, nor any lease, entry, or ouster, except as herein provided, but it is sufficient for plaintiff to show a right to the possession of the premises at the commencement of the suit. (b) If the action be brought by one (1) or more tenants in common, copartners, or joint owners, against their cotenants, the plaintiff shall prove actual ouster or some other act by the defendant amounting to a denial of the plaintiff's right as cotenant. Code 1858, §§ 3242, 3243 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4983, 4984; Code 1932, §§ 9131, 9132; T.C.A. (orig. ed.), § 23-1313.
(a) Upon the trial, the plaintiff need not prove an actual entry on or possession of the premises demanded, or receipt of any profits thereof, nor any lease, entry, or ouster, except as herein provided, but it is sufficient for plaintiff to show a right to the possession of the premises at the commencement of the suit.
(b) If the action be brought by one (1) or more tenants in common, copartners, or joint owners, against their cotenants, the plaintiff shall prove actual ouster or some other act by the defendant amounting to a denial of the plaintiff's right as cotenant.
Code 1858, §§ 3242, 3243 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4983, 4984; Code 1932, §§ 9131, 9132; T.C.A. (orig. ed.), § 23-1313.
Tenn. Code Ann. § 29-26-209 — TN Code / Title 29 / Chapter 26 / Section 29-26-209
Damages
Status: in_force

The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to: (1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to: (A) The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct; (B) Any payments made to the therapist for treatment; (C) The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and (D) Loss of income caused by the sexual misconduct; (2) Pain and suffering caused by the sexual misconduct, including, but not limited to, psychological and emotional anguish; (3) If the victim is dead, the claimant may seek damages for wrongful death where the victim's death is the result of the physical or emotional harm inflicted upon the victim by the sexual misconduct of the therapist; and (4) Punitive damages as otherwise provided by law. Acts 1995, ch. 463, § 9.
The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to:
(1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to: (A) The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct; (B) Any payments made to the therapist for treatment; (C) The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and (D) Loss of income caused by the sexual misconduct;
(A) The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct;
(B) Any payments made to the therapist for treatment;
(C) The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and
(D) Loss of income caused by the sexual misconduct;
(2) Pain and suffering caused by the sexual misconduct, including, but not limited to, psychological and emotional anguish;
(3) If the victim is dead, the claimant may seek damages for wrongful death where the victim's death is the result of the physical or emotional harm inflicted upon the victim by the sexual misconduct of the therapist; and
(4) Punitive damages as otherwise provided by law.
Acts 1995, ch. 463, § 9.
Tenn. Code Ann. § 29-5-331 — TN Code / Title 29 / Chapter 5 / Section 29-5-331
Relationship to electronic signatures in global and national commerce act
Status: in_force

The provisions of this part governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of electronic records or signatures conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7002 ). Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
The provisions of this part governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of electronic records or signatures conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7002 ).
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-6-103 — TN Code / Title 29 / Chapter 6 / Section 29-6-103
Endorser or surety
Status: in_force

Any accommodation endorser or surety may, in like manner, sue out an attachment against the property of such endorsor's or surety's principal, as a security for the liability, whether the debt on which the accomodation endorsed or surety is bound be due or not. Code 1858, § 3457 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., §5214; Code 1932, § 9401; T.C.A. (orig. ed.), § 23-603.
Any accommodation endorser or surety may, in like manner, sue out an attachment against the property of such endorsor's or surety's principal, as a security for the liability, whether the debt on which the accomodation endorsed or surety is bound be due or not.
Code 1858, § 3457 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., §5214; Code 1932, § 9401; T.C.A. (orig. ed.), § 23-603.
Tenn. Code Ann. § 29-11-107 — TN Code / Title 29 / Chapter 11 / Section 29-11-107
Liability for damages in civil action governed by comparative fault - When doctrine of joint and several liability applies - Doctrines of vicarious liability and respondeat superior unaffected - Allocation of fault by trier of fact
Status: in_force

(a) If multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages. (b) Notwithstanding subsection (a), the doctrine of joint and several liability remains in effect: (1) To apportion financial responsibility in a civil conspiracy among two (2) or more at-fault defendants who, each having the intent and knowledge of the other's intent, accomplish by concert an unlawful purpose, or accomplish by concert a lawful purpose by unlawful means, which results in damage to the plaintiff; and (2) Among manufacturers only in a product liability action as defined in § 29-28-102 , but only if such action is based upon a theory of strict liability or breach of warranty. Nothing in this subsection (b) eliminates or affects the limitations on product liability actions found in § 29-28-106 . (c) Nothing in this section eliminates or affects the doctrines of vicarious liability or respondeat superior. (d) Nothing in this section limits the ability of the trier of fact to allocate fault to a nonparty to the suit, including, but not limited to, an immune third party or a settling party, person, or entity. Allocations of fault to nonparties shall be used only to determine the liability of named parties and shall not subject nonparties to liability in the action in which the allocation occurred or in any other action. (e) Nothing in this section eliminates or diminishes: (1) The filing of cross-claims or counterclaims against any party or third party under Tennessee Rules of Civil Procedure 13 and 14; (2) The assertion by a party of rights to contribution or indemnity; (3) The assertion by a party of comparative fault under Tennessee Rule of Civil Procedure 8.03; (4) The doctrine of superseding and independent intervening cause; or (5) Any defenses or immunities that exist as of July 1, 2013. (f) This section shall not prevent parties from entering into a legally enforceable contract that allocates fault in a civil action among the parties to the contract. Added by 2013 Tenn. Acts, ch. 317, s 1, eff. 7/1/2013.
(a) If multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages.
(b) Notwithstanding subsection (a), the doctrine of joint and several liability remains in effect: (1) To apportion financial responsibility in a civil conspiracy among two (2) or more at-fault defendants who, each having the intent and knowledge of the other's intent, accomplish by concert an unlawful purpose, or accomplish by concert a lawful purpose by unlawful means, which results in damage to the plaintiff; and (2) Among manufacturers only in a product liability action as defined in § 29-28-102 , but only if such action is based upon a theory of strict liability or breach of warranty. Nothing in this subsection (b) eliminates or affects the limitations on product liability actions found in § 29-28-106 .
(1) To apportion financial responsibility in a civil conspiracy among two (2) or more at-fault defendants who, each having the intent and knowledge of the other's intent, accomplish by concert an unlawful purpose, or accomplish by concert a lawful purpose by unlawful means, which results in damage to the plaintiff; and
(2) Among manufacturers only in a product liability action as defined in § 29-28-102 , but only if such action is based upon a theory of strict liability or breach of warranty. Nothing in this subsection (b) eliminates or affects the limitations on product liability actions found in § 29-28-106 .
(c) Nothing in this section eliminates or affects the doctrines of vicarious liability or respondeat superior.
(d) Nothing in this section limits the ability of the trier of fact to allocate fault to a nonparty to the suit, including, but not limited to, an immune third party or a settling party, person, or entity. Allocations of fault to nonparties shall be used only to determine the liability of named parties and shall not subject nonparties to liability in the action in which the allocation occurred or in any other action.
(e) Nothing in this section eliminates or diminishes: (1) The filing of cross-claims or counterclaims against any party or third party under Tennessee Rules of Civil Procedure 13 and 14; (2) The assertion by a party of rights to contribution or indemnity; (3) The assertion by a party of comparative fault under Tennessee Rule of Civil Procedure 8.03; (4) The doctrine of superseding and independent intervening cause; or (5) Any defenses or immunities that exist as of July 1, 2013.
(1) The filing of cross-claims or counterclaims against any party or third party under Tennessee Rules of Civil Procedure 13 and 14;
(2) The assertion by a party of rights to contribution or indemnity;
(3) The assertion by a party of comparative fault under Tennessee Rule of Civil Procedure 8.03;
(4) The doctrine of superseding and independent intervening cause; or
(5) Any defenses or immunities that exist as of July 1, 2013.
(f) This section shall not prevent parties from entering into a legally enforceable contract that allocates fault in a civil action among the parties to the contract.
Added by 2013 Tenn. Acts, ch. 317, s 1, eff. 7/1/2013.
Tenn. Code Ann. § 29-17-106 — TN Code / Title 29 / Chapter 17 / Section 29-17-106
Taxing of costs
Status: in_force

(a) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state, the bill of costs prepared by the clerk shall be taxed against: (1) The condemner, if: (A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk; (B) The condemnation is abandoned by the condemner; or (C) The final judgment is that the condemner cannot acquire the property or property rights by condemnation; or (2) The respondents, if the amount of damages awarded at trial does not exceed the amount assessed by the condemner and deposited with the clerk. (b) (1) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action, only if the costs are taxed to the condemner pursuant to subdivision (a)(1)(B) or (a)(1)(C). The court shall not award this sum if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A). (2) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action. The court shall not award reasonable attorney fees if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A). (c) Rule 54.04 of the Tennessee Rules of Civil Procedure shall govern the taxing of any additional costs. Amended by 2017 Tenn. Acts, ch. 422,Secs.s3, s4 eff. 5/18/2017. Acts 2006, ch. 863, § 24.
(a) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state, the bill of costs prepared by the clerk shall be taxed against: (1) The condemner, if: (A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk; (B) The condemnation is abandoned by the condemner; or (C) The final judgment is that the condemner cannot acquire the property or property rights by condemnation; or (2) The respondents, if the amount of damages awarded at trial does not exceed the amount assessed by the condemner and deposited with the clerk.
(1) The condemner, if: (A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk; (B) The condemnation is abandoned by the condemner; or (C) The final judgment is that the condemner cannot acquire the property or property rights by condemnation; or
(A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk;
(B) The condemnation is abandoned by the condemner; or
(C) The final judgment is that the condemner cannot acquire the property or property rights by condemnation; or
(2) The respondents, if the amount of damages awarded at trial does not exceed the amount assessed by the condemner and deposited with the clerk.
(b) (1) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action, only if the costs are taxed to the condemner pursuant to subdivision (a)(1)(B) or (a)(1)(C). The court shall not award this sum if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A). (2) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action. The court shall not award reasonable attorney fees if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
(1) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action, only if the costs are taxed to the condemner pursuant to subdivision (a)(1)(B) or (a)(1)(C). The court shall not award this sum if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
(2) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action. The court shall not award reasonable attorney fees if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
(c) Rule 54.04 of the Tennessee Rules of Civil Procedure shall govern the taxing of any additional costs.
Amended by 2017 Tenn. Acts, ch. 422,Secs.s3, s4 eff. 5/18/2017.
Acts 2006, ch. 863, § 24.
Tenn. Code Ann. § 29-5-218 — TN Code / Title 29 / Chapter 5 / Section 29-5-218
Venue
Status: in_force

(a) An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the court of any county. (b) All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs. Acts 1977, ch. 159, § 1; T.C.A., § 23-542.
(a) An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the court of any county.
(b) All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
Acts 1977, ch. 159, § 1; T.C.A., § 23-542.
Tenn. Code Ann. § 29-5-114 — TN Code / Title 29 / Chapter 5 / Section 29-5-114
Rejection or recommittal
Status: in_force

The award may be rejected by the court for any legal and sufficient reasons, or it may be recommitted for a rehearing to the same or any other arbitrators agreed upon by the parties in writing. Code 1858, § 3448; Shan., § 5204; mod. Code 1932, § 9377; T.C.A. (orig. ed.), § 23-514.
The award may be rejected by the court for any legal and sufficient reasons, or it may be recommitted for a rehearing to the same or any other arbitrators agreed upon by the parties in writing.
Code 1858, § 3448; Shan., § 5204; mod. Code 1932, § 9377; T.C.A. (orig. ed.), § 23-514.
Tenn. Code Ann. § 29-27-109 — TN Code / Title 29 / Chapter 27 / Section 29-27-109
Parties
Status: in_force

Every person having such interest, whether in possession or otherwise, shall be made a party. Code 1858, § 3271; Shan., § 5019; Code 1932, § 9174; Acts 1976, ch. 529, § 7; T.C.A. (orig. ed.), § 23-2109.
Every person having such interest, whether in possession or otherwise, shall be made a party.
Code 1858, § 3271; Shan., § 5019; Code 1932, § 9174; Acts 1976, ch. 529, § 7; T.C.A. (orig. ed.), § 23-2109.
Tenn. Code Ann. § 29-18-108 — TN Code / Title 29 / Chapter 18 / Section 29-18-108
Original jurisdiction of circuit court
Status: in_force

The action for the recovery of the possession of land, given in this chapter, may also be originally instituted in the circuit court, the same forms being substantially pursued as those prescribed, the process being issued by the clerk, the plaintiff first giving bond and security to answer costs and damages as provided in § 29-18-111 . Code 1858, § 3366 (deriv. Acts 1841-1842, ch. 186, § 8); Shan., §5115; Code 1932, § 9270; T.C.A. (orig. ed.), § 23-1608.
The action for the recovery of the possession of land, given in this chapter, may also be originally instituted in the circuit court, the same forms being substantially pursued as those prescribed, the process being issued by the clerk, the plaintiff first giving bond and security to answer costs and damages as provided in § 29-18-111 .
Code 1858, § 3366 (deriv. Acts 1841-1842, ch. 186, § 8); Shan., §5115; Code 1932, § 9270; T.C.A. (orig. ed.), § 23-1608.
Tenn. Code Ann. § 29-30-206 — TN Code / Title 29 / Chapter 30 / Section 29-30-206
Trial without personal service
Status: in_force

If there be no personal service, the court shall impanel a jury and try the cause as though the defendant had filed a plea. Code 1858, § 3387 (deriv. Acts 1853-1854, ch. 60, § 2); Shan., § 5141; Code 1932, § 9296; T.C.A. (orig. ed.), § 23-2316.
If there be no personal service, the court shall impanel a jury and try the cause as though the defendant had filed a plea.
Code 1858, § 3387 (deriv. Acts 1853-1854, ch. 60, § 2); Shan., § 5141; Code 1932, § 9296; T.C.A. (orig. ed.), § 23-2316.
Tenn. Code Ann. § 29-17-701 — TN Code / Title 29 / Chapter 17 / Section 29-17-701
Action in rem - Title uncertain
Status: in_force

(a) Whenever the state of Tennessee or any county therein or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresidents who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; the state, county or the United States as the condemner, through any authorized representative, either in term time or vacation, may petition the circuit court of the county having jurisdiction, for a judgment in rem against such property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment. (b) After the expiration of ten (10) days from the date the petition for condemnation is filed in the circuit court, the petitioner shall have the right to thereupon enter upon and take possession of the land sought to be condemned, and if necessary to place such petitioner in possession thereof, the clerk of the circuit court in which the petition is filed shall issue to the petitioner, upon request, a writ of possession directed to the sheriff of the county to put the petitioner into possession of the land. Acts 1937, ch. 262, § 1; C. Supp. 1950, § 3170.1 (Williams, § 3171.1); T.C.A. (orig. ed.), § 23-1513; T.C.A. § 29-17-601 ; Acts 2006, ch. 863, § 1.
(a) Whenever the state of Tennessee or any county therein or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresidents who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; the state, county or the United States as the condemner, through any authorized representative, either in term time or vacation, may petition the circuit court of the county having jurisdiction, for a judgment in rem against such property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
(b) After the expiration of ten (10) days from the date the petition for condemnation is filed in the circuit court, the petitioner shall have the right to thereupon enter upon and take possession of the land sought to be condemned, and if necessary to place such petitioner in possession thereof, the clerk of the circuit court in which the petition is filed shall issue to the petitioner, upon request, a writ of possession directed to the sheriff of the county to put the petitioner into possession of the land.
Acts 1937, ch. 262, § 1; C. Supp. 1950, § 3170.1 (Williams, § 3171.1); T.C.A. (orig. ed.), § 23-1513; T.C.A. § 29-17-601 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-33-102 — TN Code / Title 29 / Chapter 33 / Section 29-33-102
Rule to give counter security
Status: in_force

Upon notice thus given, the court shall make a rule requiring the principal, within a given time, to give such counter security; and on failure of the principal to comply with the rule, the court shall dismiss the suit, and give judgment against the principal and the principal's surety for the costs already accrued. Code 1858, § 3666 (deriv. Acts 1822, ch. 42, § 1); Shan., §5436; mod. Code 1932, § 9598; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2702.
Upon notice thus given, the court shall make a rule requiring the principal, within a given time, to give such counter security; and on failure of the principal to comply with the rule, the court shall dismiss the suit, and give judgment against the principal and the principal's surety for the costs already accrued.
Code 1858, § 3666 (deriv. Acts 1822, ch. 42, § 1); Shan., §5436; mod. Code 1932, § 9598; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2702.
Tenn. Code Ann. § 29-5-112 — TN Code / Title 29 / Chapter 5 / Section 29-5-112
Transmission of award to court
Status: in_force

The award shall be in writing, and should be delivered by the umpire or one (1) of the arbitrators to the court designated in the agreement, or it may be enclosed and sealed by them, and transmitted to the court, and not opened until the court orders. Code 1858, § 3446; Shan., § 5202; mod. Code 1932, § 9375; T.C.A. (orig. ed.), § 23-512.
The award shall be in writing, and should be delivered by the umpire or one (1) of the arbitrators to the court designated in the agreement, or it may be enclosed and sealed by them, and transmitted to the court, and not opened until the court orders.
Code 1858, § 3446; Shan., § 5202; mod. Code 1932, § 9375; T.C.A. (orig. ed.), § 23-512.
Tenn. Code Ann. § 29-3-115 — TN Code / Title 29 / Chapter 3 / Section 29-3-115
Proof in action for damages
Status: in_force

On the trial of such action for the recovery of damages, either party may show by proof the extent, if any, of the injury or injuries complained of, and how the alleged nuisance is caused or originated. Acts 1901, ch. 139, § 2; Shan., § 5158a1; Code 1932, § 9315; T.C.A. (orig. ed.), § 23-316.
On the trial of such action for the recovery of damages, either party may show by proof the extent, if any, of the injury or injuries complained of, and how the alleged nuisance is caused or originated.
Acts 1901, ch. 139, § 2; Shan., § 5158a1; Code 1932, § 9315; T.C.A. (orig. ed.), § 23-316.
Tenn. Code Ann. § 29-5-207 — TN Code / Title 29 / Chapter 5 / Section 29-5-207
Representation by attorney
Status: in_force

A party has the right to be represented by an attorney at any proceeding or hearing under this part. A waiver thereof prior to the proceeding or hearing is ineffective. Acts 1977, ch. 159, § 1; T.C.A., § 23-531.
A party has the right to be represented by an attorney at any proceeding or hearing under this part. A waiver thereof prior to the proceeding or hearing is ineffective.
Acts 1977, ch. 159, § 1; T.C.A., § 23-531.
Tenn. Code Ann. § 29-34-202 — TN Code / Title 29 / Chapter 34 / Section 29-34-202
Immunity for natural gas providers - Exceptions - Product liability claims
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Natural gas equipment" means storage vessels, compressors, dryers, dispensers, piping, compressed or liquefied gas appliances, or any other item that is installed by a natural gas provider; and (2) "Natural gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail compressed or liquefied natural gas intended for use with properly constructed, inspected, and certified vehicle fuel systems in this state. (b) A natural gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by actions of an ultimate consumer by: (1) An alteration, modification or repair of gas equipment that could not have been discovered by the natural gas provider in the exercise of reasonable care; or (2) The use of natural gas equipment in a manner or for a purpose other than that for which the natural gas equipment was intended to be used or could reasonably have been foreseen; provided, that the natural gas provider or the manufacturer of the natural gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the equipment. (c) (1) Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims. (2) This section applies to liability resulting from retail operations at the point of sale only. Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims. (d) No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person. Acts 2012 , ch. 711, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Natural gas equipment" means storage vessels, compressors, dryers, dispensers, piping, compressed or liquefied gas appliances, or any other item that is installed by a natural gas provider; and (2) "Natural gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail compressed or liquefied natural gas intended for use with properly constructed, inspected, and certified vehicle fuel systems in this state.
(1) "Natural gas equipment" means storage vessels, compressors, dryers, dispensers, piping, compressed or liquefied gas appliances, or any other item that is installed by a natural gas provider; and
(2) "Natural gas provider" means any person or entity engaged in the business of supplying, handling, transporting, or selling at retail compressed or liquefied natural gas intended for use with properly constructed, inspected, and certified vehicle fuel systems in this state.
(b) A natural gas provider shall be immune from civil liability, if the proximate cause of the injury or damages was caused by actions of an ultimate consumer by: (1) An alteration, modification or repair of gas equipment that could not have been discovered by the natural gas provider in the exercise of reasonable care; or (2) The use of natural gas equipment in a manner or for a purpose other than that for which the natural gas equipment was intended to be used or could reasonably have been foreseen; provided, that the natural gas provider or the manufacturer of the natural gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the equipment.
(1) An alteration, modification or repair of gas equipment that could not have been discovered by the natural gas provider in the exercise of reasonable care; or
(2) The use of natural gas equipment in a manner or for a purpose other than that for which the natural gas equipment was intended to be used or could reasonably have been foreseen; provided, that the natural gas provider or the manufacturer of the natural gas equipment has taken reasonable steps to warn the ultimate consumer of the hazards associated with foreseeable misuses of the equipment.
(c) (1) Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims. (2) This section applies to liability resulting from retail operations at the point of sale only. Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(1) Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(2) This section applies to liability resulting from retail operations at the point of sale only. Nothing in this section shall be construed as affecting, modifying, or eliminating the liability of a manufacturer of natural gas equipment or its employees under any legal claim, including, but not limited to, product liability claims.
(d) No defendant may allege or prove that a person or entity caused or contributed to causing a plaintiff's injuries, death, or other losses, unless the plaintiff could have maintained an action against the person.
Acts 2012 , ch. 711, § 1.
Tenn. Code Ann. § 29-14-107 — TN Code / Title 29 / Chapter 14 / Section 29-14-107
Parties to proceedings
Status: in_force

(a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings. (b) In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance, or franchise is of statewide effect and is alleged to be unconstitutional, the attorney general and reporter shall also be served with a copy of the proceeding and be entitled to be heard. Acts 1923, ch. 29, § 11; Shan. Supp., § 4726a11; Code 1932, §8845; mod. C. Supp. 1950, § 8845; T.C.A. (orig. ed.), § 23-1107.
(a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings.
(b) In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance, or franchise is of statewide effect and is alleged to be unconstitutional, the attorney general and reporter shall also be served with a copy of the proceeding and be entitled to be heard.
Acts 1923, ch. 29, § 11; Shan. Supp., § 4726a11; Code 1932, §8845; mod. C. Supp. 1950, § 8845; T.C.A. (orig. ed.), § 23-1107.
Tenn. Code Ann. § 29-26-208 — TN Code / Title 29 / Chapter 26 / Section 29-26-208
Statute of limitations
Status: in_force

(a) The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionally dependent upon the therapist, and the patient knew or should have known that sexual misconduct by a therapist is unprofessional and harmful to the patient. (b) Except as provided in subsection (c), no such action shall be brought more than three (3) years after the date of the last communication of any kind between the therapist and the patient. (c) Where the sexual misconduct involves a minor, the statute of limitations shall be one (1) year after the minor's eighteenth birthday, except that where subsection (a) or (b) would provide for a longer time in which to bring a claim, the provision that provides the longest time in which to bring a claim applies. Acts 1995, ch. 463, § 8.
(a) The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionally dependent upon the therapist, and the patient knew or should have known that sexual misconduct by a therapist is unprofessional and harmful to the patient.
(b) Except as provided in subsection (c), no such action shall be brought more than three (3) years after the date of the last communication of any kind between the therapist and the patient.
(c) Where the sexual misconduct involves a minor, the statute of limitations shall be one (1) year after the minor's eighteenth birthday, except that where subsection (a) or (b) would provide for a longer time in which to bring a claim, the provision that provides the longest time in which to bring a claim applies.
Acts 1995, ch. 463, § 8.
Tenn. Code Ann. § 29-5-315 — TN Code / Title 29 / Chapter 5 / Section 29-5-315
Immunity of arbitrator - Competency to testify - Attorney's fees and costs
Status: in_force

(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity. (b) The immunity afforded by this section supplements immunity afforded under other law. (c) The failure of an arbitrator to make a disclosure required by § 29-5-313 does not cause a loss of immunity under this section. (d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and is not required to produce records as to statements, conduct, decisions, or rulings occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection (d) does not apply: (1) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or (2) To a hearing on a motion to vacate an award under § 29-5-324(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists. (e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, then the court must award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
(b) The immunity afforded by this section supplements immunity afforded under other law.
(c) The failure of an arbitrator to make a disclosure required by § 29-5-313 does not cause a loss of immunity under this section.
(d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and is not required to produce records as to statements, conduct, decisions, or rulings occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection (d) does not apply: (1) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or (2) To a hearing on a motion to vacate an award under § 29-5-324(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.
(1) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or
(2) To a hearing on a motion to vacate an award under § 29-5-324(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.
(e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, then the court must award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-33-115 — TN Code / Title 29 / Chapter 33 / Section 29-33-115
Costs
Status: in_force

The costs of the application, if unsuccessful, shall be paid by the applicant; if successful, by the principal, and judgment may be given and execution issued therefor. Code 1858, § 3680 (deriv. Acts 1829, ch. 15, § 3); Shan., § 5450; Code 1932, § 9612; T.C.A. (orig. ed.), § 23-2715.
The costs of the application, if unsuccessful, shall be paid by the applicant; if successful, by the principal, and judgment may be given and execution issued therefor.
Code 1858, § 3680 (deriv. Acts 1829, ch. 15, § 3); Shan., § 5450; Code 1932, § 9612; T.C.A. (orig. ed.), § 23-2715.
Tenn. Code Ann. § 29-21-112 — TN Code / Title 29 / Chapter 21 / Section 29-21-112
Mode of service - Persons served
Status: in_force

(a) The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original. (b) Any person served with the writ is presumed to be the person for whom it is intended, although it may be directed to the person by a wrong name or description, or to another person. (c) If the defendant cannot be found, or, if the defendant have not the plaintiff in custody, the service may be made upon any person having the plaintiff in custody, in the same manner and with the same effect as though that person had been made a defendant therein. Code 1858, §§ 3732, 3733, 3742; Shan., §§ 5512, 5513, 5522; Code 1932, §§ 9682, 9683, 9692; T.C.A. (orig. ed.), §§ 23-1814 -- 23-1816.
(a) The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original.
(b) Any person served with the writ is presumed to be the person for whom it is intended, although it may be directed to the person by a wrong name or description, or to another person.
(c) If the defendant cannot be found, or, if the defendant have not the plaintiff in custody, the service may be made upon any person having the plaintiff in custody, in the same manner and with the same effect as though that person had been made a defendant therein.
Code 1858, §§ 3732, 3733, 3742; Shan., §§ 5512, 5513, 5522; Code 1932, §§ 9682, 9683, 9692; T.C.A. (orig. ed.), §§ 23-1814 -- 23-1816.
Tenn. Code Ann. § 29-17-711 — TN Code / Title 29 / Chapter 17 / Section 29-17-711
Award and judgment
Status: in_force

(a) The award or verdict, as the case may be, shall have respect, either to the entire and unencumbered fee, or to any separate claim against the property or interest therein as may be ordered, and may be molded under the direction of the court so as to do complete justice and avoid confusion of interests. (b) It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title as sought in the petition, and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several defendants, causing such pleadings to be filed and such issues made up as shall be appropriate for an ascertainment and determination of such rights. Acts 1937, ch. 262, § 8; C. Supp. 1950, § 3170.8 (Williams, § 3171.8); T.C.A. (orig. ed.), § 23-1523; T.C.A. § 29-17-611; Acts 2006, ch. 863, § 1.
(a) The award or verdict, as the case may be, shall have respect, either to the entire and unencumbered fee, or to any separate claim against the property or interest therein as may be ordered, and may be molded under the direction of the court so as to do complete justice and avoid confusion of interests.
(b) It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title as sought in the petition, and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several defendants, causing such pleadings to be filed and such issues made up as shall be appropriate for an ascertainment and determination of such rights.
Acts 1937, ch. 262, § 8; C. Supp. 1950, § 3170.8 (Williams, § 3171.8); T.C.A. (orig. ed.), § 23-1523; T.C.A. § 29-17-611; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-18-104 — TN Code / Title 29 / Chapter 18 / Section 29-18-104
Unlawful detainer defined
Status: in_force

Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord, or the assignee of the remainder or reversion. Code 1858, § 3344 (deriv. Acts 1821, ch. 14, § 5); Shan., § 5093; Code 1932, § 9247; T.C.A. (orig. ed.), § 23-1604.
Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord, or the assignee of the remainder or reversion.
Code 1858, § 3344 (deriv. Acts 1821, ch. 14, § 5); Shan., § 5093; Code 1932, § 9247; T.C.A. (orig. ed.), § 23-1604.
Tenn. Code Ann. § 29-5-115 — TN Code / Title 29 / Chapter 5 / Section 29-5-115
Modification of award
Status: in_force

The court is empowered, on motion of either party, to correct or modify the award: (1) Where there is manifest a miscalculation of figures, or a mistake in the description of any person, thing or property referred to in the award; (2) Where there has been covered in the award a matter not submitted, if not merely incident, not affecting the merits of matters submitted; (3) Where the award is defective or imperfect in a matter of form not affecting the merits; and (4) To effect the true and just intent thereof. Code 1932, § 9378; T.C.A. (orig. ed.), § 23-515.
The court is empowered, on motion of either party, to correct or modify the award:
(1) Where there is manifest a miscalculation of figures, or a mistake in the description of any person, thing or property referred to in the award;
(2) Where there has been covered in the award a matter not submitted, if not merely incident, not affecting the merits of matters submitted;
(3) Where the award is defective or imperfect in a matter of form not affecting the merits; and
(4) To effect the true and just intent thereof.
Code 1932, § 9378; T.C.A. (orig. ed.), § 23-515.
Tenn. Code Ann. § 29-17-301 — TN Code / Title 29 / Chapter 17 / Section 29-17-301
Powers of municipalities
Status: in_force

All municipal corporations are empowered to take and condemn lands, property, property rights, privileges and easements of others for the purpose of constructing, laying, repairing, or extending sewers, water pipes, natural gas mains and pipes, or drainage ditches, both within and beyond the corporate limits of such cities, and of acquiring ingress and egress in the construction, repairing or maintenance thereof, and in making connection thereto; such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purpose; provided, that such prior public use will not be interfered with by this use. Acts 1917, ch. 31, § 1; Shan. Supp., § 1880a27b1; mod. Code 1932, § 3162; Acts 1951, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1504; Acts 2000, ch. 726, § 2; T.C.A. § 29-17-201 ; Acts 2006, ch. 863, § 1.
All municipal corporations are empowered to take and condemn lands, property, property rights, privileges and easements of others for the purpose of constructing, laying, repairing, or extending sewers, water pipes, natural gas mains and pipes, or drainage ditches, both within and beyond the corporate limits of such cities, and of acquiring ingress and egress in the construction, repairing or maintenance thereof, and in making connection thereto; such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purpose; provided, that such prior public use will not be interfered with by this use.
Acts 1917, ch. 31, § 1; Shan. Supp., § 1880a27b1; mod. Code 1932, § 3162; Acts 1951, ch. 219, § 1; T.C.A. (orig. ed.), § 23-1504; Acts 2000, ch. 726, § 2; T.C.A. § 29-17-201 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-16-103 — TN Code / Title 29 / Chapter 16 / Section 29-16-103
Property of corporations
Status: in_force

The operation of this chapter is extended so that the same shall apply to and include the condemnation and taking of property, privileges, rights, or easements of private corporations for public purposes or internal improvements. Acts 1885, ch. 135; Shan., § 1868; Code 1932, § 3134; T.C.A. (orig. ed.), § 23-1403.
The operation of this chapter is extended so that the same shall apply to and include the condemnation and taking of property, privileges, rights, or easements of private corporations for public purposes or internal improvements.
Acts 1885, ch. 135; Shan., § 1868; Code 1932, § 3134; T.C.A. (orig. ed.), § 23-1403.
Tenn. Code Ann. § 29-18-120 — TN Code / Title 29 / Chapter 18 / Section 29-18-120
Trial in circuit court
Status: in_force

(a) Actions originally instituted in the circuit court will stand for trial at the first term after the pleadings are complete. (b) The jury, if it finds for the plaintiff, will ascertain the damages the plaintiff has sustained, including rent, and judgment shall be given accordingly. Code 1858, § 3367 (deriv. Acts 1841-1842, ch. 186, §§ 8, 9); Shan., § 5116; Code 1932, § 9271; modified; Acts 1972, ch. 565, §2; T.C.A. (orig. ed.), § 23-1621.
(a) Actions originally instituted in the circuit court will stand for trial at the first term after the pleadings are complete.
(b) The jury, if it finds for the plaintiff, will ascertain the damages the plaintiff has sustained, including rent, and judgment shall be given accordingly.
Code 1858, § 3367 (deriv. Acts 1841-1842, ch. 186, §§ 8, 9); Shan., § 5116; Code 1932, § 9271; modified; Acts 1972, ch. 565, §2; T.C.A. (orig. ed.), § 23-1621.
Tenn. Code Ann. § 29-27-217 — TN Code / Title 29 / Chapter 27 / Section 29-27-217
Decree
Status: in_force

The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith. Code 1858, § 3302 (deriv. Acts 1827, ch. 54, § 2); Shan., § 5051; Code 1932, § 9206; T.C.A. (orig. ed.), § 23-2147.
The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith.
Code 1858, § 3302 (deriv. Acts 1827, ch. 54, § 2); Shan., § 5051; Code 1932, § 9206; T.C.A. (orig. ed.), § 23-2147.
Tenn. Code Ann. § 29-27-102 — TN Code / Title 29 / Chapter 27 / Section 29-27-102
Effect of encumbrance
Status: in_force

The fact that the premises are subject to an encumbrance by mortgage or otherwise will not affect the right. Code 1858, § 3263 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5011; Code 1932, § 9166; Acts 1976, ch. 529, § 6; T.C.A. (orig. ed.), § 23-2102.
The fact that the premises are subject to an encumbrance by mortgage or otherwise will not affect the right.
Code 1858, § 3263 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5011; Code 1932, § 9166; Acts 1976, ch. 529, § 6; T.C.A. (orig. ed.), § 23-2102.
Tenn. Code Ann. § 29-4-102 — TN Code / Title 29 / Chapter 4 / Section 29-4-102
Real controversy
Status: in_force

It must appear by the affidavit of the parties, or their attorneys, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties. Code 1858, § 3451 (deriv. Acts 1851-1852, ch. 173, § 5); Shan., §5207; Code 1932, § 9384; T.C.A. (orig. ed.), § 23-402.
It must appear by the affidavit of the parties, or their attorneys, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties.
Code 1858, § 3451 (deriv. Acts 1851-1852, ch. 173, § 5); Shan., §5207; Code 1932, § 9384; T.C.A. (orig. ed.), § 23-402.
Tenn. Code Ann. § 29-14-106 — TN Code / Title 29 / Chapter 14 / Section 29-14-106
Enumeration of powers not a restriction
Status: in_force

The enumeration in §§ 29-14-103 - 29-14-105 does not limit or restrict the exercise of the general powers conferred in § 29-14-102 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty. Acts 1923, ch. 29, § 5; Shan. Supp., § 4726a5; Code 1932, §8839; T.C.A. (orig. ed.), § 23-1106.
The enumeration in §§ 29-14-103 - 29-14-105 does not limit or restrict the exercise of the general powers conferred in § 29-14-102 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
Acts 1923, ch. 29, § 5; Shan. Supp., § 4726a5; Code 1932, §8839; T.C.A. (orig. ed.), § 23-1106.
Tenn. Code Ann. § 29-17-904 — TN Code / Title 29 / Chapter 17 / Section 29-17-904
Acceptance by property owner of amount deposited
Status: in_force

If the owner is satisfied with the amount deposited by the condemner with the clerk of the court, the owner may file with the clerk a statement, duly sworn to, stating that the filer is the owner of the property or property rights described in the petition and that the owner accepts the amount deposited with the clerk as full settlement for the taking of such property or property rights and all damages occasioned to the residue of the property, and the clerk shall pay to the owner the amount deposited with the clerk, and the court, at its next term, shall enter a decree divesting the title to the property or property rights out of the owner and vesting the same in the condemner. Acts 1959, ch. 216, § 4; T.C.A., § 23-1531; T.C.A. § 29-17-804; Acts 2006, ch. 863, § 1.
If the owner is satisfied with the amount deposited by the condemner with the clerk of the court, the owner may file with the clerk a statement, duly sworn to, stating that the filer is the owner of the property or property rights described in the petition and that the owner accepts the amount deposited with the clerk as full settlement for the taking of such property or property rights and all damages occasioned to the residue of the property, and the clerk shall pay to the owner the amount deposited with the clerk, and the court, at its next term, shall enter a decree divesting the title to the property or property rights out of the owner and vesting the same in the condemner.
Acts 1959, ch. 216, § 4; T.C.A., § 23-1531; T.C.A. § 29-17-804; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-17-909 — TN Code / Title 29 / Chapter 17 / Section 29-17-909
Proper party defendant omitted - Amended petition
Status: in_force

If any person who is proper party defendant in the petition shall have been omitted from the petition, amendments to the same may be filed, which amendments, from the filing of the same, shall have the same effect as though contained in such petition. Acts 1959, ch. 216, § 9; T.C.A., § 23-1536; T.C.A. § 29-17-809; Acts 2006, ch. 863, § 1.
If any person who is proper party defendant in the petition shall have been omitted from the petition, amendments to the same may be filed, which amendments, from the filing of the same, shall have the same effect as though contained in such petition.
Acts 1959, ch. 216, § 9; T.C.A., § 23-1536; T.C.A. § 29-17-809; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-17-401 — TN Code / Title 29 / Chapter 17 / Section 29-17-401
University of Tennessee
Status: in_force

(a) The University of Tennessee has the power to condemn and appropriate such lands, property, property rights, privileges and easements of others as in the judgment of its board of trustees, or the executive committee thereof, may be necessary or proper for the purpose of providing buildings and other facilities, building sites, campus grounds, commons, streets, walkways, rights-of-way for utilities and other improvements, and for any extension, enlargement or improvement thereof, for the use and operation of such university and its various units and branches throughout the state. (b) The compensation for damages in taking of such lands, property, property rights, privileges, and easements shall be paid by such university, and the same shall be condemned and determined in the mode and manner provided in chapter 16 of this title. Acts 1929, ch. 9, § 1; mod. Code 1932, § 3170; Acts 1957, ch. 349, § 1; 1959, ch. 204, § 1; 1978, ch. 912, § 1; T.C.A. (orig. ed.), § 23-1506; T.C.A. § 29-17-301 ; Acts 2006, ch. 863, § 1.
(a) The University of Tennessee has the power to condemn and appropriate such lands, property, property rights, privileges and easements of others as in the judgment of its board of trustees, or the executive committee thereof, may be necessary or proper for the purpose of providing buildings and other facilities, building sites, campus grounds, commons, streets, walkways, rights-of-way for utilities and other improvements, and for any extension, enlargement or improvement thereof, for the use and operation of such university and its various units and branches throughout the state.
(b) The compensation for damages in taking of such lands, property, property rights, privileges, and easements shall be paid by such university, and the same shall be condemned and determined in the mode and manner provided in chapter 16 of this title.
Acts 1929, ch. 9, § 1; mod. Code 1932, § 3170; Acts 1957, ch. 349, § 1; 1959, ch. 204, § 1; 1978, ch. 912, § 1; T.C.A. (orig. ed.), § 23-1506; T.C.A. § 29-17-301 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-6-115 — TN Code / Title 29 / Chapter 6 / Section 29-6-115
Plaintiff's bond
Status: in_force

The officer to whom application is made, shall, before granting the attachment, require the plaintiff, the plaintiff's agent or attorney, to execute a bond with sufficient security, payable to the defendant, and conditioned that the plaintiff will prosecute the attachment with effect, or, in case of failure, pay the defendant all costs that may be adjudged against defendant, and, also, all such damages as the defendant may sustain by the wrongful suing out of the attachment. Code 1858, § 3471 (deriv. Acts 1794, ch. 1, § 19); Shan., §5231; mod. Code 1932, § 9418; T.C.A. (orig. ed.), § 23-615.
The officer to whom application is made, shall, before granting the attachment, require the plaintiff, the plaintiff's agent or attorney, to execute a bond with sufficient security, payable to the defendant, and conditioned that the plaintiff will prosecute the attachment with effect, or, in case of failure, pay the defendant all costs that may be adjudged against defendant, and, also, all such damages as the defendant may sustain by the wrongful suing out of the attachment.
Code 1858, § 3471 (deriv. Acts 1794, ch. 1, § 19); Shan., §5231; mod. Code 1932, § 9418; T.C.A. (orig. ed.), § 23-615.
Tenn. Code Ann. § 29-21-110 — TN Code / Title 29 / Chapter 21 / Section 29-21-110
Issuance of writ - Form - Formal defects
Status: in_force

(a) If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows: State of Tennessee, To the sheriff, etc. [or to A B, as the case may be]: ____________________ County You are hereby commanded to have the body of C B, who is alleged to be unlawfully detained by you, before the ______________ court, [or before me, or before E E, Judge, etc., as the case may be], at ______________, on ______________ [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises. This ______________ day of ______________, 20 ____________________. G H, Judge, etc. (b) The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ. (c) When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially. Code 1858, §§ 3727, 3728, 3741; Shan., §§ 5507, 5508, 5521; Code 1932, §§ 9678, 9679, 9691; T.C.A. (orig. ed.), §§ 23-1810 -- 23-1812.
(a) If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows: State of Tennessee, To the sheriff, etc. [or to A B, as the case may be]: ____________________ County You are hereby commanded to have the body of C B, who is alleged to be unlawfully detained by you, before the ______________ court, [or before me, or before E E, Judge, etc., as the case may be], at ______________, on ______________ [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises. This ______________ day of ______________, 20 ____________________. G H, Judge, etc.
State of Tennessee,
To the sheriff, etc. [or to A B, as the case may be]:
____________________ County
You are hereby commanded to have the body of C B, who is alleged to be unlawfully detained by you, before the ______________ court, [or before me, or before E E, Judge, etc., as the case may be], at ______________, on ______________ [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises.
This ______________ day of ______________, 20 ____________________. G H, Judge, etc.
(b) The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.
(c) When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially.
Code 1858, §§ 3727, 3728, 3741; Shan., §§ 5507, 5508, 5521; Code 1932, §§ 9678, 9679, 9691; T.C.A. (orig. ed.), §§ 23-1810 -- 23-1812.
Tenn. Code Ann. § 29-13-110 — TN Code / Title 29 / Chapter 13 / Section 29-13-110
Medical reports
Status: in_force

(a) In the filing of a claim, the claimant shall provide sufficient medical reports from physicians, surgeons, hospitals and other health care facilities to fully describe the injury suffered, the treatments rendered and the percentage of disability incurred, if disability benefits are requested by the claimant. At the time of final adjudication of the claim, medical reports submitted by the claimant may be returned to the claimant. (b) If an examination of the victim and a report thereon, or a report on the cause of death of the victim, would be of material aid, a duly qualified impartial physician may be appointed to make such an examination or report, with due regard to the religious tenets of the claimant. Acts 1976, ch. 736, § 10; T.C.A., §§ 23-3510, 23-35-110; Acts 1986, ch. 911, § 3; 1988, ch. 776, § 8; 1989, ch. 129, §§ 15, 16.
(a) In the filing of a claim, the claimant shall provide sufficient medical reports from physicians, surgeons, hospitals and other health care facilities to fully describe the injury suffered, the treatments rendered and the percentage of disability incurred, if disability benefits are requested by the claimant. At the time of final adjudication of the claim, medical reports submitted by the claimant may be returned to the claimant.
(b) If an examination of the victim and a report thereon, or a report on the cause of death of the victim, would be of material aid, a duly qualified impartial physician may be appointed to make such an examination or report, with due regard to the religious tenets of the claimant.
Acts 1976, ch. 736, § 10; T.C.A., §§ 23-3510, 23-35-110; Acts 1986, ch. 911, § 3; 1988, ch. 776, § 8; 1989, ch. 129, §§ 15, 16.
Tenn. Code Ann. § 29-17-705 — TN Code / Title 29 / Chapter 17 / Section 29-17-705
Trial by jury
Status: in_force

If no objection be made to the acquisition of the land, or in case there is an agreed price between the petitioner and the presumptive or apparent owners of the property, the trial may be had before a jury at the first term of court after the return date; and in the discretion of the presiding judge all questions of title may be tried by the same jury at the same time. Acts 1937, ch. 262, § 5; C. Supp. 1950, § 3170.5 (Williams, § 3171.5); T.C.A. (orig. ed.), § 23-1517; T.C.A. § 29-17-605; Acts 2006, ch. 863, § 1.
If no objection be made to the acquisition of the land, or in case there is an agreed price between the petitioner and the presumptive or apparent owners of the property, the trial may be had before a jury at the first term of court after the return date; and in the discretion of the presiding judge all questions of title may be tried by the same jury at the same time.
Acts 1937, ch. 262, § 5; C. Supp. 1950, § 3170.5 (Williams, § 3171.5); T.C.A. (orig. ed.), § 23-1517; T.C.A. § 29-17-605; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-38-107 — TN Code / Title 29 / Chapter 38 / Section 29-38-107
Actions by individual drug users - Actions against distributors - What damages may be sought
Status: in_force

(a) An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection (a). An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (1) The individual personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all of the information known to the individual regarding all that individual's sources of illegal drugs; (2) The individual has not used an illegal drug within the six (6) months prior to filing the action; and (3) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action. (b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user. (c) A person entitled to bring an action under this section may recover only the following damages: (1) Economic damages, including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use; (2) Reasonable attorney fees; and (3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony. Acts 2005, ch. 377, § 7.
(a) An individual drug user shall not bring an action for damages caused by the use of an illegal drug, except as otherwise provided in this subsection (a). An individual drug user may bring an action for damages caused by the use of an illegal drug only if all of the following conditions are met: (1) The individual personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all of the information known to the individual regarding all that individual's sources of illegal drugs; (2) The individual has not used an illegal drug within the six (6) months prior to filing the action; and (3) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.
(1) The individual personally discloses to narcotics enforcement authorities, more than six (6) months before filing the action, all of the information known to the individual regarding all that individual's sources of illegal drugs;
(2) The individual has not used an illegal drug within the six (6) months prior to filing the action; and
(3) The individual continues to remain free of the use of an illegal drug throughout the pendency of the action.
(b) A person entitled to bring an action under this section may seek damages only from a person who distributed, or is in the chain of distribution of, an illegal drug that was actually used by the individual drug user.
(c) A person entitled to bring an action under this section may recover only the following damages: (1) Economic damages, including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use; (2) Reasonable attorney fees; and (3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
(1) Economic damages, including, but not limited to, the cost of treatment, rehabilitation, and medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, accidents or injury, and any other pecuniary loss proximately caused by the person's illegal drug use;
(2) Reasonable attorney fees; and
(3) Costs of suit, including, but not limited to, reasonable expenses for expert testimony.
Acts 2005, ch. 377, § 7.
Tenn. Code Ann. § 29-35-108 — TN Code / Title 29 / Chapter 35 / Section 29-35-108
Election contests
Status: in_force

The validity of any election which may be contested under this Code cannot be tried under this chapter. Code 1858, § 3423; Shan., § 5179; Code 1932, § 9350; T.C.A. (orig. ed.), § 23-2808.
The validity of any election which may be contested under this Code cannot be tried under this chapter.
Code 1858, § 3423; Shan., § 5179; Code 1932, § 9350; T.C.A. (orig. ed.), § 23-2808.
Tenn. Code Ann. § 29-6-135 — TN Code / Title 29 / Chapter 6 / Section 29-6-135
Transfer after attachment
Status: in_force

Any transfer, sale, or assignment, made after the filing of an attachment bill in chancery, or after the suing out of an attachment at law, of property mentioned in the bill or attachment, as against the plaintiff, shall be inoperative and voidable, as elsewhere provided. Code 1858, § 3507 (deriv. Acts 1835-1836, ch. 43, § 9); Shan., §5267; mod. Code 1932, § 9458; T.C.A. (orig. ed.), § 23-635.
Any transfer, sale, or assignment, made after the filing of an attachment bill in chancery, or after the suing out of an attachment at law, of property mentioned in the bill or attachment, as against the plaintiff, shall be inoperative and voidable, as elsewhere provided.
Code 1858, § 3507 (deriv. Acts 1835-1836, ch. 43, § 9); Shan., §5267; mod. Code 1932, § 9458; T.C.A. (orig. ed.), § 23-635.
Tenn. Code Ann. § 29-7-118 — TN Code / Title 29 / Chapter 7 / Section 29-7-118
Stay of general sessions judge's judgment
Status: in_force

The garnishee against whom a judgment for money is rendered by a judge of the court of general sessions, is entitled to the stay of execution allowed by law on general sessions judge judgments. Code 1858, § 3494 (deriv. Acts 1851-1852, ch. 177, § 1); Shan., §5254; Code 1932, § 9445; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-718.
The garnishee against whom a judgment for money is rendered by a judge of the court of general sessions, is entitled to the stay of execution allowed by law on general sessions judge judgments.
Code 1858, § 3494 (deriv. Acts 1851-1852, ch. 177, § 1); Shan., §5254; Code 1932, § 9445; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-718.
Tenn. Code Ann. § 29-37-106 — TN Code / Title 29 / Chapter 37 / Section 29-37-106
Bad faith or frivolous claims
Status: in_force

If the court finds that the small business' claim for fees and other expenses under this chapter was made in bad faith or was frivolous or was made for the sole basis of harassment, the court may impose a fine on the small business of not more than two thousand dollars ($2,000) which will go to the state agency or local government involved in the action. Acts 1984, ch. 495, § 6; 1989, ch. 365, § 13.
If the court finds that the small business' claim for fees and other expenses under this chapter was made in bad faith or was frivolous or was made for the sole basis of harassment, the court may impose a fine on the small business of not more than two thousand dollars ($2,000) which will go to the state agency or local government involved in the action.
Acts 1984, ch. 495, § 6; 1989, ch. 365, § 13.
Tenn. Code Ann. § 29-5-304 — TN Code / Title 29 / Chapter 5 / Section 29-5-304
Applicability of the part
Status: in_force

(a) This part governs an agreement to arbitrate made on or after July 1, 2023. (b) This part governs an agreement to arbitrate made before July 1, 2023, if all the parties to the agreement or to the arbitration proceeding so agree in a record. (c) On or after July 1, 2023, this part governs an agreement to arbitrate whenever made. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) This part governs an agreement to arbitrate made on or after July 1, 2023.
(b) This part governs an agreement to arbitrate made before July 1, 2023, if all the parties to the agreement or to the arbitration proceeding so agree in a record.
(c) On or after July 1, 2023, this part governs an agreement to arbitrate whenever made.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-27-107 — TN Code / Title 29 / Chapter 27 / Section 29-27-107
Venue of actions
Status: in_force

The petition may be filed in the court of the county in which the land, or any part of it lies, or in which the defendant resides. If all the claimants join in the petition, or assent to the partition, it may be filed in any county in the state, whether any of the land lies therein or not. Code 1858, §§ 3268, 3269 (deriv. Acts 1825, ch. 22, § 1); Shan., § 5016, 5017; Code 1932, §§ 9171, 9172; T.C.A. (orig. ed.), § 23-2107.
The petition may be filed in the court of the county in which the land, or any part of it lies, or in which the defendant resides. If all the claimants join in the petition, or assent to the partition, it may be filed in any county in the state, whether any of the land lies therein or not.
Code 1858, §§ 3268, 3269 (deriv. Acts 1825, ch. 22, § 1); Shan., § 5016, 5017; Code 1932, §§ 9171, 9172; T.C.A. (orig. ed.), § 23-2107.
Tenn. Code Ann. § 29-6-120 — TN Code / Title 29 / Chapter 6 / Section 29-6-120
Contents of writ
Status: in_force

The writ shall be addressed to the sheriff of the county, unless the suit be before a judge of the court of general sessions, and then it may be addressed to a constable; and it shall command the sheriff or constable to attach and safely keep, repleviable upon security, the estate of the defendant, wherever the same may be found in the county, or in the hands of any person indebted to or having any of the effects of the defendant, or so much thereof as shall be of value sufficient to satisfy the debt or demand, and the costs of the complaint. Code 1858, § 3473 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5233; Code 1932, § 9423; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-620.
The writ shall be addressed to the sheriff of the county, unless the suit be before a judge of the court of general sessions, and then it may be addressed to a constable; and it shall command the sheriff or constable to attach and safely keep, repleviable upon security, the estate of the defendant, wherever the same may be found in the county, or in the hands of any person indebted to or having any of the effects of the defendant, or so much thereof as shall be of value sufficient to satisfy the debt or demand, and the costs of the complaint.
Code 1858, § 3473 (deriv. Acts 1794, ch. 1, § 19); Shan., § 5233; Code 1932, § 9423; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-620.
Tenn. Code Ann. § 29-41-102 — TN Code / Title 29 / Chapter 41 / Section 29-41-102
Applicability
Status: in_force

This chapter shall only apply to a civil action filed by a plaintiff against a defendant or defendants with whom the plaintiff shares a civil action party relationship. Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
This chapter shall only apply to a civil action filed by a plaintiff against a defendant or defendants with whom the plaintiff shares a civil action party relationship.
Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-34-104 — TN Code / Title 29 / Chapter 34 / Section 29-34-104
[Repealed] Privity not required
Status: repealed

In all causes of action for personal injury or property damage brought on account of negligence, strict liability or breach of warranty, including actions brought under the Uniform Commercial Code, compiled in title 47, chapters 1-9, privity shall not be a requirement to maintain such action. Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021. Acts 1972, ch. 670, § 1; T.C.A., § 23-3004.
In all causes of action for personal injury or property damage brought on account of negligence, strict liability or breach of warranty, including actions brought under the Uniform Commercial Code, compiled in title 47, chapters 1-9, privity shall not be a requirement to maintain such action.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 1972, ch. 670, § 1; T.C.A., § 23-3004.
Tenn. Code Ann. § 29-13-117 — TN Code / Title 29 / Chapter 13 / Section 29-13-117
Statistical reports
Status: in_force

The state treasurer shall include in the annual report of the state treasurer, such financial, statistical or other relevant information to accurately report the financial condition of the criminal injuries compensation fund and the operation of this chapter. Acts 1976, ch. 736, § 17; T.C.A., §§ 23-3517, 23-35-117; Acts 1985, ch. 278, § 11.
The state treasurer shall include in the annual report of the state treasurer, such financial, statistical or other relevant information to accurately report the financial condition of the criminal injuries compensation fund and the operation of this chapter.
Acts 1976, ch. 736, § 17; T.C.A., §§ 23-3517, 23-35-117; Acts 1985, ch. 278, § 11.
Tenn. Code Ann. § 29-34-606 — TN Code / Title 29 / Chapter 34 / Section 29-34-606
Identification of additional or alternative asbestos trusts by defendant
Status: in_force

(a) Not less than ninety (90) days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional asbestos trust claim, and thereafter the defendant may move the court for an order to require the plaintiff to file the asbestos trust claim. The defendant shall produce or describe the documentation it possesses or is aware of in support of the motion. (b) Within ten (10) days of receiving the defendant's motion pursuant to subsection (a), the plaintiff shall, for each asbestos trust claim identified by the defendant, make one (1) of the following responses: (1) File the asbestos trust claim; (2) File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or (3) File a written response with the court requesting a determination that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust. (c) (1) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty (30) days before trial. (2) If the court determines that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust. (d) Not less than thirty (30) days prior to trial in an asbestos action, the court shall enter into the record a trust claims document that identifies each claim the plaintiff has made against an asbestos trust. Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
(a) Not less than ninety (90) days before trial, if a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff can file, the defendant shall meet and confer with the plaintiff to discuss why the defendant believes the plaintiff has an additional asbestos trust claim, and thereafter the defendant may move the court for an order to require the plaintiff to file the asbestos trust claim. The defendant shall produce or describe the documentation it possesses or is aware of in support of the motion.
(b) Within ten (10) days of receiving the defendant's motion pursuant to subsection (a), the plaintiff shall, for each asbestos trust claim identified by the defendant, make one (1) of the following responses: (1) File the asbestos trust claim; (2) File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or (3) File a written response with the court requesting a determination that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.
(1) File the asbestos trust claim;
(2) File a written response with the court setting forth the reasons why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or
(3) File a written response with the court requesting a determination that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.
(c) (1) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty (30) days before trial. (2) If the court determines that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust.
(1) If the court determines that there is a sufficient basis for the plaintiff to file the asbestos trust claim identified by a defendant, the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with all trust claims materials no later than thirty (30) days before trial.
(2) If the court determines that the plaintiff's expenses or attorney's fees and expenses to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides all parties with a verified statement of the plaintiff's history of exposure, usage, or other connection to asbestos covered by the asbestos trust.
(d) Not less than thirty (30) days prior to trial in an asbestos action, the court shall enter into the record a trust claims document that identifies each claim the plaintiff has made against an asbestos trust.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-27-213 — TN Code / Title 29 / Chapter 27 / Section 29-27-213
Purchaser's rights under undisclosed encumbrance
Status: in_force

Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale. Code 1858, § 3315; Shan. § 5064; Code 1932, § 9219; T.C.A. (orig. ed.), § 23-2143.
Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale.
Code 1858, § 3315; Shan. § 5064; Code 1932, § 9219; T.C.A. (orig. ed.), § 23-2143.
Tenn. Code Ann. § 29-13-401 — TN Code / Title 29 / Chapter 13 / Section 29-13-401
Short title
Status: in_force

This part shall be known and may be cited as the "Victim Compensation from the Proceeds of the Crime Act of 1994." Acts 1994, ch. 1003, § 1.
This part shall be known and may be cited as the "Victim Compensation from the Proceeds of the Crime Act of 1994."
Acts 1994, ch. 1003, § 1.
Tenn. Code Ann. § 29-17-1004 — TN Code / Title 29 / Chapter 17 / Section 29-17-1004
Appraisal required in any condemnation proceeding
Status: in_force

Notwithstanding any law to the contrary, in any condemnation proceeding in this state, an appraisal of the property must be obtained. The appraisal shall value the property considering its highest and best use, its use at the time of the taking, and any other uses to which the property is legally adaptable at the time of the taking. Any appraiser making an appraisal must possess the designation Member of the Appraisal Institute (MAI), or be an otherwise licensed and qualified appraiser under the State Licensing and Certified Real Estate Appraisers Law, compiled in title 62, chapter 39. Acts 2006, ch. 863, § 20.
Notwithstanding any law to the contrary, in any condemnation proceeding in this state, an appraisal of the property must be obtained. The appraisal shall value the property considering its highest and best use, its use at the time of the taking, and any other uses to which the property is legally adaptable at the time of the taking. Any appraiser making an appraisal must possess the designation Member of the Appraisal Institute (MAI), or be an otherwise licensed and qualified appraiser under the State Licensing and Certified Real Estate Appraisers Law, compiled in title 62, chapter 39.
Acts 2006, ch. 863, § 20.
Tenn. Code Ann. § 29-5-211 — TN Code / Title 29 / Chapter 5 / Section 29-5-211
Expenses, costs and fees
Status: in_force

Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney fees, incurred in the conduct of the arbitration, shall be paid as provided in the award. Acts 1977, ch. 159, § 1; T.C.A., § 23-535.
Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
Acts 1977, ch. 159, § 1; T.C.A., § 23-535.
Tenn. Code Ann. § 29-35-109 — TN Code / Title 29 / Chapter 35 / Section 29-35-109
Officers entitled to bring suit
Status: in_force

The suit is brought by the attorney general for the district or county, when directed so to do by the general assembly, or by the governor and attorney general of the state concurring. Code 1858, § 3412 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5168; Code 1932, § 9339; T.C.A. (orig. ed.), § 23-2809.
The suit is brought by the attorney general for the district or county, when directed so to do by the general assembly, or by the governor and attorney general of the state concurring.
Code 1858, § 3412 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5168; Code 1932, § 9339; T.C.A. (orig. ed.), § 23-2809.
Tenn. Code Ann. § 29-11-103 — TN Code / Title 29 / Chapter 11 / Section 29-11-103
Determination of proportionate share of shared liability
Status: in_force

In determining the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, for purposes of pursuit of contribution among tort-feasors: (1) The reasonable amount of the settlement and the relative degree of fault of the tort-feasors and the injured party or parties in bringing about the injury or wrongful death shall be compared, and the party seeking contribution shall be entitled to recover only to the extent that the party has paid more than the proportionate share of the common liability, with the proportionate share to be determined solely by comparison of the relative degrees of fault of the parties; (2) If equity requires, the collective liability of some as a group shall constitute a single proportionate share; and (3) Principles of equity applicable to contribution generally shall apply. Acts 1968, ch. 575, § 3; T.C.A., § 23-3103; Acts 1999, ch. 433, § 3.
In determining the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, for purposes of pursuit of contribution among tort-feasors:
(1) The reasonable amount of the settlement and the relative degree of fault of the tort-feasors and the injured party or parties in bringing about the injury or wrongful death shall be compared, and the party seeking contribution shall be entitled to recover only to the extent that the party has paid more than the proportionate share of the common liability, with the proportionate share to be determined solely by comparison of the relative degrees of fault of the parties;
(2) If equity requires, the collective liability of some as a group shall constitute a single proportionate share; and
(3) Principles of equity applicable to contribution generally shall apply.
Acts 1968, ch. 575, § 3; T.C.A., § 23-3103; Acts 1999, ch. 433, § 3.
Tenn. Code Ann. § 29-33-114 — TN Code / Title 29 / Chapter 33 / Section 29-33-114
Contribution between sureties
Status: in_force

The sureties, in either bond who have been compelled to make payments thereon for the principal, have the same remedies against the sureties in all the bonds in force at the time of default, as cosureties in the same bond have against each other, the recovery being properly proportioned according to the penalties of the several bonds. Code 1858, § 3678 (deriv. Acts 1809 (Sept.), ch. 69, § 3); Shan., §5448; Code 1932, § 9610; T.C.A. (orig. ed.), § 23-2714.
The sureties, in either bond who have been compelled to make payments thereon for the principal, have the same remedies against the sureties in all the bonds in force at the time of default, as cosureties in the same bond have against each other, the recovery being properly proportioned according to the penalties of the several bonds.
Code 1858, § 3678 (deriv. Acts 1809 (Sept.), ch. 69, § 3); Shan., §5448; Code 1932, § 9610; T.C.A. (orig. ed.), § 23-2714.
Tenn. Code Ann. § 29-27-113 — TN Code / Title 29 / Chapter 27 / Section 29-27-113
Decree - Reservation of unknown interests
Status: in_force

(a) The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right. (b) The court may, in a proper case, where there are unknown parties or unknown shares, give judgment that partition be made, so far as the rights or interests of the parties or shares are known and ascertained, and the residue of the premises shall remain for the parties whose interests have not been ascertained, subject to division at any future time. Code 1858, §§ 3277, 3278; Shan., §§ 5025, 5026; Code 1932, §§ 9180, 9181; T.C.A. (orig. ed.), §§ 23-2115, 23-2116.
(a) The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right.
(b) The court may, in a proper case, where there are unknown parties or unknown shares, give judgment that partition be made, so far as the rights or interests of the parties or shares are known and ascertained, and the residue of the premises shall remain for the parties whose interests have not been ascertained, subject to division at any future time.
Code 1858, §§ 3277, 3278; Shan., §§ 5025, 5026; Code 1932, §§ 9180, 9181; T.C.A. (orig. ed.), §§ 23-2115, 23-2116.
Tenn. Code Ann. § 29-17-712 — TN Code / Title 29 / Chapter 17 / Section 29-17-712
Recording of decree
Status: in_force

(a) When such condemnation is fully completed, the award, whether made by a jury of view or the verdict of a jury, together with the decree of the court based thereon and a minute description of the property or interest condemned, or a duly certified copy of such award, decree and description, may be filed and recorded in the records of deeds in the office of the register of the county where the land so condemned lies, and if the land lies in more than one (1) county, such filing and recording may be made in each county in which such land lies. (b) The register shall be entitled to the same fees for such filing and recording as are now, or may hereafter be, allowed by law for the filing and recording of deeds; such fees to be paid by the party in whose favor such condemnation is had. Acts 1937, ch. 262, § 11; C. Supp. 1950, § 3170.9 (Williams, § 3171.11); T.C.A. (orig. ed.), § 23-1524; T.C.A. § 29-17-612; Acts 2006, ch. 863, § 1.
(a) When such condemnation is fully completed, the award, whether made by a jury of view or the verdict of a jury, together with the decree of the court based thereon and a minute description of the property or interest condemned, or a duly certified copy of such award, decree and description, may be filed and recorded in the records of deeds in the office of the register of the county where the land so condemned lies, and if the land lies in more than one (1) county, such filing and recording may be made in each county in which such land lies.
(b) The register shall be entitled to the same fees for such filing and recording as are now, or may hereafter be, allowed by law for the filing and recording of deeds; such fees to be paid by the party in whose favor such condemnation is had.
Acts 1937, ch. 262, § 11; C. Supp. 1950, § 3170.9 (Williams, § 3171.11); T.C.A. (orig. ed.), § 23-1524; T.C.A. § 29-17-612; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-3-102 — TN Code / Title 29 / Chapter 3 / Section 29-3-102
Jurisdiction to abate
Status: in_force

The jurisdiction is hereby conferred upon the chancery, circuit, and criminal courts and any court designated as an environmental court pursuant to chapter 426 of the Public Acts of 1991, chapter 212 of the Public Acts of 1993 or chapter 667 of the Public Acts of 2002 to abate the public nuisances defined in § 29-3-101 , upon petition in the name of the state, upon relation of the attorney general and reporter, or any district attorney general, or any city or county attorney, or without the concurrence of any such officers, upon the relation of ten (10) or more citizens and freeholders of the county wherein such nuisances may exist, in the manner herein provided. Amended by 2014 Tenn. Acts, ch. 789, s 1, eff. 4/24/2014. Acts 1913 (2nd Ex. Sess.), ch. 2, § 2; Shan., § 5164a2; Code 1932, § 9325; T.C.A. (orig. ed.), § 23-302; modified; 2000, ch. 720, § 1.
The jurisdiction is hereby conferred upon the chancery, circuit, and criminal courts and any court designated as an environmental court pursuant to chapter 426 of the Public Acts of 1991, chapter 212 of the Public Acts of 1993 or chapter 667 of the Public Acts of 2002 to abate the public nuisances defined in § 29-3-101 , upon petition in the name of the state, upon relation of the attorney general and reporter, or any district attorney general, or any city or county attorney, or without the concurrence of any such officers, upon the relation of ten (10) or more citizens and freeholders of the county wherein such nuisances may exist, in the manner herein provided.
Amended by 2014 Tenn. Acts, ch. 789, s 1, eff. 4/24/2014.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 2; Shan., § 5164a2; Code 1932, § 9325; T.C.A. (orig. ed.), § 23-302; modified; 2000, ch. 720, § 1.
Tenn. Code Ann. § 29-1-105 — TN Code / Title 29 / Chapter 1 / Section 29-1-105
Courts' powers over extraordinary process
Status: in_force

In all proper cases, also, any of the courts may use all other extraordinary process of the court of chancery, and in the same way as that court, when necessary to effect the ends of justice. Code 1858, § 3769; Shan., § 5550; Code 1932, § 9720; T.C.A. (orig. ed.), § 23-107.
In all proper cases, also, any of the courts may use all other extraordinary process of the court of chancery, and in the same way as that court, when necessary to effect the ends of justice.
Code 1858, § 3769; Shan., § 5550; Code 1932, § 9720; T.C.A. (orig. ed.), § 23-107.
Tenn. Code Ann. § 29-40-126 — TN Code / Title 29 / Chapter 40 / Section 29-40-126
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to the law's subject matter among states that enact it.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-6-118 — TN Code / Title 29 / Chapter 6 / Section 29-6-118
Filing of affidavit and bond
Status: in_force

The affidavit and bond shall be filed by the officer taking them, in the court to which the attachment is returnable, and shall constitute a part of the record in the cause. Code 1858, § 3472; Shan., § 5232; Code 1932, § 9422; T.C.A. (orig. ed.), § 23-618.
The affidavit and bond shall be filed by the officer taking them, in the court to which the attachment is returnable, and shall constitute a part of the record in the cause.
Code 1858, § 3472; Shan., § 5232; Code 1932, § 9422; T.C.A. (orig. ed.), § 23-618.
Tenn. Code Ann. § 29-35-118 — TN Code / Title 29 / Chapter 35 / Section 29-35-118
Receiver for corporation in dissolution
Status: in_force

Such judgment of dissolution shall not extinguish the debt due to or from the corporation; but the court shall appoint a receiver, with full power to take possession of all the debts and property, and sell, dispose of, collect, and distribute the same among the creditors and other persons interested, under the orders of the court. Code 1858, § 3426 (deriv. Acts 1845-1846, ch. 55, § 7); Shan., §5182; Code 1932, § 9353; T.C.A. (orig. ed.), § 23-2818.
Such judgment of dissolution shall not extinguish the debt due to or from the corporation; but the court shall appoint a receiver, with full power to take possession of all the debts and property, and sell, dispose of, collect, and distribute the same among the creditors and other persons interested, under the orders of the court.
Code 1858, § 3426 (deriv. Acts 1845-1846, ch. 55, § 7); Shan., §5182; Code 1932, § 9353; T.C.A. (orig. ed.), § 23-2818.
Tenn. Code Ann. § 29-5-314 — TN Code / Title 29 / Chapter 5 / Section 29-5-314
Action by majority
Status: in_force

If there is more than one (1) arbitrator, then the powers of an arbitrator must be exercised by a majority of the arbitrators, and all of them must conduct the hearing under § 29-5-316(c) . Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
If there is more than one (1) arbitrator, then the powers of an arbitrator must be exercised by a majority of the arbitrators, and all of them must conduct the hearing under § 29-5-316(c) .
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-5-221 — TN Code / Title 29 / Chapter 5 / Section 29-5-221
Application of law
Status: in_force

This part shall apply only to agreements made subsequent to July 1, 1977. Acts 1977, ch. 159, § 1; T.C.A., § 23-545.
This part shall apply only to agreements made subsequent to July 1, 1977.
Acts 1977, ch. 159, § 1; T.C.A., § 23-545.
Tenn. Code Ann. § 29-12-101 — TN Code / Title 29 / Chapter 12 / Section 29-12-101
Fraudulent conveyances and other devices
Status: in_force

Any creditor, without first having obtained a judgment at law, may file the bill in chancery for the creditor, or for the creditor and other creditors, to set aside fraudulent conveyances of property, or other devices resorted to for the purpose of hindering and delaying creditors, and subject the property, by sale or otherwise, to the satisfaction of the debt. Code 1858, § 4288 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6097; Code 1932, § 10358; T.C.A. (orig. ed.), § 23-1001.
Any creditor, without first having obtained a judgment at law, may file the bill in chancery for the creditor, or for the creditor and other creditors, to set aside fraudulent conveyances of property, or other devices resorted to for the purpose of hindering and delaying creditors, and subject the property, by sale or otherwise, to the satisfaction of the debt.
Code 1858, § 4288 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6097; Code 1932, § 10358; T.C.A. (orig. ed.), § 23-1001.
Tenn. Code Ann. § 29-14-102 — TN Code / Title 29 / Chapter 14 / Section 29-14-102
General power of courts
Status: in_force

(a) Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. (b) No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. (c) The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree. Acts 1923, ch. 29, § 1; Shan. Supp., § 4726a1; Code 1932, §8835; T.C.A. (orig. ed.), § 23-1102.
(a) Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.
(b) No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for.
(c) The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree.
Acts 1923, ch. 29, § 1; Shan. Supp., § 4726a1; Code 1932, §8835; T.C.A. (orig. ed.), § 23-1102.
Tenn. Code Ann. § 29-30-108 — TN Code / Title 29 / Chapter 30 / Section 29-30-108
Additional relief - Prerequisites to deficiency judgment
Status: in_force

(a) In an action to recover personal property, in addition to the recovery of the property, the plaintiff may proceed to recover the balance due on the debt or the plaintiff may, in addition to recovering the personal property, obtain a judgment against the defendant for any debt or other claim arising out of the same transaction or set of circumstances, or the plaintiff may proceed solely for recovery of the personal property with the right to seek a judgment for additional relief in a subsequent action. (b) No deficiency judgment shall be obtained by the plaintiff or plaintiffs until plaintiff or plaintiffs shall have complied with all requirements of the Uniform Commercial Code applicable thereto. Acts 1973, ch. 365, § 8; T.C.A., § 23-2348.
(a) In an action to recover personal property, in addition to the recovery of the property, the plaintiff may proceed to recover the balance due on the debt or the plaintiff may, in addition to recovering the personal property, obtain a judgment against the defendant for any debt or other claim arising out of the same transaction or set of circumstances, or the plaintiff may proceed solely for recovery of the personal property with the right to seek a judgment for additional relief in a subsequent action.
(b) No deficiency judgment shall be obtained by the plaintiff or plaintiffs until plaintiff or plaintiffs shall have complied with all requirements of the Uniform Commercial Code applicable thereto.
Acts 1973, ch. 365, § 8; T.C.A., § 23-2348.
Tenn. Code Ann. § 29-30-212 — TN Code / Title 29 / Chapter 30 / Section 29-30-212
Form of warrant
Status: in_force

The method of obtaining the writ shall be the same as when the suit is prosecuted in court, and the following shall in substance be the form of the writ: State of Tennessee, To the sheriff or any constable of ______________ County such county: I command you to summon ______________ to appear before me, or some other general sessions judge of such county, to answer the complaint of ______________, for unlawfully taking out of the possession and detaining [describe the property], the property of ______________. This ____________________ day of ____________________, 20____________________. E.F., G.S.J. Code 1858, § 3395 (deriv. Acts 1851-1852, ch. 32, § 8); Shan., § 5150; Code 1932, § 9305; Acts 1973, ch. 365, § 12(d); impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2323.
The method of obtaining the writ shall be the same as when the suit is prosecuted in court, and the following shall in substance be the form of the writ:
State of Tennessee, To the sheriff or any constable of
______________ County such county:
I command you to summon ______________ to appear before me, or some other general sessions judge of such county, to answer the complaint of ______________, for unlawfully taking out of the possession and detaining [describe the property], the property of ______________.
This ____________________ day of ____________________, 20____________________. E.F., G.S.J.
Code 1858, § 3395 (deriv. Acts 1851-1852, ch. 32, § 8); Shan., § 5150; Code 1932, § 9305; Acts 1973, ch. 365, § 12(d); impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2323.
Tenn. Code Ann. § 29-18-105 — TN Code / Title 29 / Chapter 18 / Section 29-18-105
Scope of definitions
Status: in_force

Sections 29-18-101 - 29-18-104 extend to and comprehend terms for years, and all estates, whether freehold or less than freehold. Code 1858, § 3345 (deriv. Acts 1821, ch. 14, § 4); Shan., § 5094; Code 1932, § 9248; T.C.A. (orig. ed.), § 23-1605.
Sections 29-18-101 - 29-18-104 extend to and comprehend terms for years, and all estates, whether freehold or less than freehold.
Code 1858, § 3345 (deriv. Acts 1821, ch. 14, § 4); Shan., § 5094; Code 1932, § 9248; T.C.A. (orig. ed.), § 23-1605.
Tenn. Code Ann. § 29-13-309 — TN Code / Title 29 / Chapter 13 / Section 29-13-309
Denial of petition to establish trust - Transfer of fund to juvenile court
Status: in_force

The juvenile court may deny a petition to establish a trust for the benefit of a minor as provided in this part; provided, that the court issues an order to that effect within fourteen (14) business days after receipt of the petition. The juvenile court clerk shall return the award to the division accompanied with the order. Upon receipt of the order, the division shall turn the award over to the clerk of the court having probate jurisdiction in the county where the minor resides. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor as provided herein. The court shall accept jurisdiction of the trust and shall have all of the rights, duties and obligations as a juvenile court is required or authorized to perform under this part. Acts 1993, ch. 494, § 1; 1994, ch. 808, § 2.
The juvenile court may deny a petition to establish a trust for the benefit of a minor as provided in this part; provided, that the court issues an order to that effect within fourteen (14) business days after receipt of the petition. The juvenile court clerk shall return the award to the division accompanied with the order. Upon receipt of the order, the division shall turn the award over to the clerk of the court having probate jurisdiction in the county where the minor resides. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor as provided herein. The court shall accept jurisdiction of the trust and shall have all of the rights, duties and obligations as a juvenile court is required or authorized to perform under this part.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 2.
Tenn. Code Ann. § 29-17-302 — TN Code / Title 29 / Chapter 17 / Section 29-17-302
Procedure by municipalities
Status: in_force

The compensation for damages in taking such lands, property, property rights, privileges, and easements shall be paid by such municipalities, and same shall be condemned and determined in the mode and manner provided by §§ 7-31-108 - 7-31-111, and the rights and powers contained in such sections are extended to and conferred upon all of the municipal corporations. Acts 1917, ch. 31, § 2; Shan. Supp., § 1880a27b2; mod. Code 1932, § 3163; T.C.A. (orig. ed.), § 23-1505; T.C.A. § 29-17-202 ; Acts 2006, ch. 863, § 1.
The compensation for damages in taking such lands, property, property rights, privileges, and easements shall be paid by such municipalities, and same shall be condemned and determined in the mode and manner provided by §§ 7-31-108 - 7-31-111, and the rights and powers contained in such sections are extended to and conferred upon all of the municipal corporations.
Acts 1917, ch. 31, § 2; Shan. Supp., § 1880a27b2; mod. Code 1932, § 3163; T.C.A. (orig. ed.), § 23-1505; T.C.A. § 29-17-202 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-38-108 — TN Code / Title 29 / Chapter 38 / Section 29-38-108
Third-party payment on behalf of an insured prohibited
Status: in_force

A third party shall not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification. Acts 2005, ch. 377, § 8.
A third party shall not pay damages awarded under this chapter, or provide a defense or money for a defense, on behalf of an insured under a contract of insurance or indemnification.
Acts 2005, ch. 377, § 8.
Tenn. Code Ann. § 29-23-101 — TN Code / Title 29 / Chapter 23 / Section 29-23-101
Decree on dissolution of injunction to stay proceedings on money judgment
Status: in_force

Upon the dissolution of an injunction to stay proceedings on a judgment for money, in whole or in part, the decree, interlocutory or final, shall be entered against the complainant and the complainant's sureties for such amount as the court may order, and the clerk and master shall issue executions thereon. Code 1858, § 4447 (deriv. Acts 1817, ch. 119, § 1); Shan., § 6264; Code 1932, § 10550; T.C.A. (orig. ed.), § 23-1909.
Upon the dissolution of an injunction to stay proceedings on a judgment for money, in whole or in part, the decree, interlocutory or final, shall be entered against the complainant and the complainant's sureties for such amount as the court may order, and the clerk and master shall issue executions thereon.
Code 1858, § 4447 (deriv. Acts 1817, ch. 119, § 1); Shan., § 6264; Code 1932, § 10550; T.C.A. (orig. ed.), § 23-1909.
Tenn. Code Ann. § 29-35-116 — TN Code / Title 29 / Chapter 35 / Section 29-35-116
Judgment of exclusion from office or franchise
Status: in_force

When a defendant, whether a natural person or a corporation, is adjudged guilty of usurping, unlawfully holding, or exercising any office or franchise, judgment shall be rendered that such defendant be excluded from the office or franchise, and that defendant pay the costs. Code 1858, § 3424; Shan., § 5180; Code 1932, § 9351; T.C.A. (orig. ed.), § 23-2816.
When a defendant, whether a natural person or a corporation, is adjudged guilty of usurping, unlawfully holding, or exercising any office or franchise, judgment shall be rendered that such defendant be excluded from the office or franchise, and that defendant pay the costs.
Code 1858, § 3424; Shan., § 5180; Code 1932, § 9351; T.C.A. (orig. ed.), § 23-2816.
Tenn. Code Ann. § 29-5-206 — TN Code / Title 29 / Chapter 5 / Section 29-5-206
Hearings
Status: in_force

Unless otherwise provided by the agreement: (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or, upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy; (2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing; (3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award, unless the agreement provides otherwise. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy. Acts 1977, ch. 159, § 1; T.C.A., § 23-530.
Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or, upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy;
(2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing;
(3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award, unless the agreement provides otherwise. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
Acts 1977, ch. 159, § 1; T.C.A., § 23-530.
Tenn. Code Ann. § 29-34-306 — TN Code / Title 29 / Chapter 34 / Section 29-34-306
Limitations - Consolidation
Status: in_force

(a) Notwithstanding any other law, with respect to any silica claim or mixed dust disease claim that is not barred as of July 1, 2006, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment resulting from silica or mixed dust exposure. (b) A court may consolidate for trial any number and type of silica or mixed dust disease claims only with the consent of all of the parties. In the absence of such consent, a court may consolidate for trial any claims relating to the exposed person and members of the person's household. Acts 2006, ch. 728, § 7.
(a) Notwithstanding any other law, with respect to any silica claim or mixed dust disease claim that is not barred as of July 1, 2006, the period of limitations shall not begin to run until the exposed person discovers, or through the exercise of reasonable diligence should have discovered, that the person has a physical impairment resulting from silica or mixed dust exposure.
(b) A court may consolidate for trial any number and type of silica or mixed dust disease claims only with the consent of all of the parties. In the absence of such consent, a court may consolidate for trial any claims relating to the exposed person and members of the person's household.
Acts 2006, ch. 728, § 7.
Tenn. Code Ann. § 29-30-107 — TN Code / Title 29 / Chapter 30 / Section 29-30-107
Writ of possession - Execution - Preservation of property - Answer
Status: in_force

(a) The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff. (b) The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff. (c) If the property subject to the action hereunder is perishable or threatens to decline speedily in value, the court shall issue such other and further orders as it may find necessary to preserve the property or the value thereof for the benefit of either or both of the parties pending such final determination of the litigation. (d) If the action in circuit or chancery courts is answered before or after the possessory hearing, the answer shall set forth with reasonable certainty the location of the personal property and any and all rights, remedies, credits, setoffs, or affirmative action growing out of the same matter the defendant may have had against the plaintiff. Acts 1973, ch. 365, § 7; T.C.A., § 23-2347.
(a) The writ of possession shall direct the proper officer to take the property out of the possession of the defendant and deliver the same to the plaintiff.
(b) The writ of possession shall be executed by the proper officer by seizing the personal property and delivering the same to the plaintiff.
(c) If the property subject to the action hereunder is perishable or threatens to decline speedily in value, the court shall issue such other and further orders as it may find necessary to preserve the property or the value thereof for the benefit of either or both of the parties pending such final determination of the litigation.
(d) If the action in circuit or chancery courts is answered before or after the possessory hearing, the answer shall set forth with reasonable certainty the location of the personal property and any and all rights, remedies, credits, setoffs, or affirmative action growing out of the same matter the defendant may have had against the plaintiff.
Acts 1973, ch. 365, § 7; T.C.A., § 23-2347.
Tenn. Code Ann. § 29-21-128 — TN Code / Title 29 / Chapter 21 / Section 29-21-128
Disobedience of writ or order
Status: in_force

Disobedience of the original writ, or any subsequent order thereon, subjects the defendant to commitment for contempt, and also to a forfeiture of one thousand dollars ($1,000) to the party aggrieved, besides rendering the defendant liable for all damages sustained in consequence of such disobedience. Code 1858, § 3754; Shan., § 5534; Code 1932, § 9704; T.C.A. (orig. ed.), § 23-1837.
Disobedience of the original writ, or any subsequent order thereon, subjects the defendant to commitment for contempt, and also to a forfeiture of one thousand dollars ($1,000) to the party aggrieved, besides rendering the defendant liable for all damages sustained in consequence of such disobedience.
Code 1858, § 3754; Shan., § 5534; Code 1932, § 9704; T.C.A. (orig. ed.), § 23-1837.