Tenn. Code Ann. § 29-21-101 — TN Code / Title 29 / Chapter 21 / Section 29-21-101
Grounds for writ
Status: in_force

(a) Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102 , may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint. (b) Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of this writ on any claim that: (1) The petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentencing; (2) The petitioner's sentence included a release eligibility percentage where the petitioner was not entitled to any early release; or (3) The petitioner's sentence included a lower release eligibility percentage than the petitioner was entitled to under statutory requirements. Code 1858, § 3720; Shan., § 5500; Code 1932, § 9671; T.C.A. (orig. ed.), §23-1801; Acts 2009 , ch. 420, §§ 1, 2.
(a) Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102 , may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint.
(b) Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of this writ on any claim that: (1) The petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentencing; (2) The petitioner's sentence included a release eligibility percentage where the petitioner was not entitled to any early release; or (3) The petitioner's sentence included a lower release eligibility percentage than the petitioner was entitled to under statutory requirements.
(1) The petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentencing;
(2) The petitioner's sentence included a release eligibility percentage where the petitioner was not entitled to any early release; or
(3) The petitioner's sentence included a lower release eligibility percentage than the petitioner was entitled to under statutory requirements.
Code 1858, § 3720; Shan., § 5500; Code 1932, § 9671; T.C.A. (orig. ed.), §23-1801; Acts 2009 , ch. 420, §§ 1, 2.
Tenn. Code Ann. § 29-16-105 — TN Code / Title 29 / Chapter 16 / Section 29-16-105
Notice of petition
Status: in_force

(a) Notice of this petition, together with a copy thereof, shall be given to the owner of the land or rights, or, if a nonresident of the county, to the landownder's agent, at least five (5) days before its presentation. (b) If the owner is a nonresident of the state or unknown, notice shall be given by publication, as provided in this code in similar cases in chancery. Code 1858, §§ 1327, 1328; Shan., §§ 1846, 1847; mod. Code 1932, §§ 3111, 3112; Acts 1959, ch. 194, § 1; T.C.A. (orig. ed.), § 23-1405.
(a) Notice of this petition, together with a copy thereof, shall be given to the owner of the land or rights, or, if a nonresident of the county, to the landownder's agent, at least five (5) days before its presentation.
(b) If the owner is a nonresident of the state or unknown, notice shall be given by publication, as provided in this code in similar cases in chancery.
Code 1858, §§ 1327, 1328; Shan., §§ 1846, 1847; mod. Code 1932, §§ 3111, 3112; Acts 1959, ch. 194, § 1; T.C.A. (orig. ed.), § 23-1405.
Tenn. Code Ann. § 29-34-701 — TN Code / Title 29 / Chapter 34 / Section 29-34-701
Short title
Status: in_force

This part shall be known and may be cited as the "Asbestos Claims Priorities Act". Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
This part shall be known and may be cited as the "Asbestos Claims Priorities Act".
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-14-108 — TN Code / Title 29 / Chapter 14 / Section 29-14-108
Issues of fact
Status: in_force

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending. Acts 1923, ch. 29, § 9; Shan. Supp., § 4726a9; Code 1932, §8843; T.C.A. (orig. ed.), § 23-1108.
When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
Acts 1923, ch. 29, § 9; Shan. Supp., § 4726a9; Code 1932, §8843; T.C.A. (orig. ed.), § 23-1108.
Tenn. Code Ann. § 29-5-203 — TN Code / Title 29 / Chapter 5 / Section 29-5-203
Court order for arbitration
Status: in_force

(a) On application of a party showing an agreement described in § 29-5-202 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied. (b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration. (c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (a), the application shall be made therein. Otherwise and subject to § 29-5-218 , the application may be made in any court of competent jurisdiction. (d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay. (e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown. Acts 1977, ch. 159, § 1; T.C.A., § 23-527.
(a) On application of a party showing an agreement described in § 29-5-202 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied.
(b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
(c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (a), the application shall be made therein. Otherwise and subject to § 29-5-218 , the application may be made in any court of competent jurisdiction.
(d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
(e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
Acts 1977, ch. 159, § 1; T.C.A., § 23-527.
Tenn. Code Ann. § 29-37-102 — TN Code / Title 29 / Chapter 37 / Section 29-37-102
Legislative intent
Status: in_force

There are occasions when inequities exist between government and small business in terms of the ability with which each is able, without economic hardship, to be properly represented in administrative proceedings and in the courts. As part of the general assembly's continuing efforts to assure fairness and equity to all the citizens of this state, it is the intent of this chapter to offer small business an opportunity for adequate representation in any administrative hearing involving the operation of such business and, where necessary, in the resulting appeal process. Acts 1984, ch. 495, § 2.
There are occasions when inequities exist between government and small business in terms of the ability with which each is able, without economic hardship, to be properly represented in administrative proceedings and in the courts. As part of the general assembly's continuing efforts to assure fairness and equity to all the citizens of this state, it is the intent of this chapter to offer small business an opportunity for adequate representation in any administrative hearing involving the operation of such business and, where necessary, in the resulting appeal process.
Acts 1984, ch. 495, § 2.
Tenn. Code Ann. § 29-34-301 — TN Code / Title 29 / Chapter 34 / Section 29-34-301
Short title
Status: in_force

This part shall be known and may be cited as the "Silica Claims Priorities Act." Acts 2006, ch. 728, § 2.
This part shall be known and may be cited as the "Silica Claims Priorities Act."
Acts 2006, ch. 728, § 2.
Tenn. Code Ann. § 29-34-507 — TN Code / Title 29 / Chapter 34 / Section 29-34-507
Liberal construction of part - Application of part
Status: in_force

(a) The courts of this state shall construe this part liberally with regard to successors. (b) This part shall apply to all asbestos claims filed against a successor on or after July 1, 2013. (c) This part shall also apply to any pending asbestos claims against a successor in which trial has not commenced as of July 1, 2013, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively. Added by 2013 Tenn. Acts, ch. 246, s 8, eff. 7/1/2013.
(a) The courts of this state shall construe this part liberally with regard to successors.
(b) This part shall apply to all asbestos claims filed against a successor on or after July 1, 2013.
(c) This part shall also apply to any pending asbestos claims against a successor in which trial has not commenced as of July 1, 2013, except that any provisions of these sections which would be unconstitutional if applied retroactively shall be applied prospectively.
Added by 2013 Tenn. Acts, ch. 246, s 8, eff. 7/1/2013.
Tenn. Code Ann. § 29-34-206 — TN Code / Title 29 / Chapter 34 / Section 29-34-206
Liability for providing firefighting equipment to volunteer departments
Status: in_force

(a) Any person, corporation, business entity, charitable organization, or governmental agency that acts reasonably and in good faith in donating fire control or fire rescue equipment to a volunteer fire department shall not thereafter be civilly liable for any personal injury, property damage, or death proximately caused by a defect in the equipment. (b) Any governmental agency that acts reasonably and in good faith in administering the distribution of donated fire control or fire rescue equipment to a volunteer fire department shall not thereafter be civilly liable for any personal injury, property damage, or death proximately caused by a defect in the equipment. (c) Subsections (a) and (b) shall not apply to a person, corporation, business entity, charitable organization, or governmental agency if: (1) The defect that proximately causes the injury, damage, or loss resulted from an act or omission of the person, corporation, business entity, charitable organization, or governmental agency that constitutes malice, gross negligence, recklessness, or intentional misconduct; (2) The person, corporation, business entity, charitable organization, or governmental agency is the manufacturer of the fire control or fire rescue equipment; or (3) The person, corporation, business entity, charitable organization, or governmental agency modified or altered the fire control or fire rescue equipment after it had been recertified by an authorized technician as meeting the manufacturer's specifications. (d) As used in this section, "authorized technician" means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by a state or local governmental agency administering the distribution of the fire control or fire rescue equipment. Acts 2004, ch. 863, § 2.
(a) Any person, corporation, business entity, charitable organization, or governmental agency that acts reasonably and in good faith in donating fire control or fire rescue equipment to a volunteer fire department shall not thereafter be civilly liable for any personal injury, property damage, or death proximately caused by a defect in the equipment.
(b) Any governmental agency that acts reasonably and in good faith in administering the distribution of donated fire control or fire rescue equipment to a volunteer fire department shall not thereafter be civilly liable for any personal injury, property damage, or death proximately caused by a defect in the equipment.
(c) Subsections (a) and (b) shall not apply to a person, corporation, business entity, charitable organization, or governmental agency if: (1) The defect that proximately causes the injury, damage, or loss resulted from an act or omission of the person, corporation, business entity, charitable organization, or governmental agency that constitutes malice, gross negligence, recklessness, or intentional misconduct; (2) The person, corporation, business entity, charitable organization, or governmental agency is the manufacturer of the fire control or fire rescue equipment; or (3) The person, corporation, business entity, charitable organization, or governmental agency modified or altered the fire control or fire rescue equipment after it had been recertified by an authorized technician as meeting the manufacturer's specifications.
(1) The defect that proximately causes the injury, damage, or loss resulted from an act or omission of the person, corporation, business entity, charitable organization, or governmental agency that constitutes malice, gross negligence, recklessness, or intentional misconduct;
(2) The person, corporation, business entity, charitable organization, or governmental agency is the manufacturer of the fire control or fire rescue equipment; or
(3) The person, corporation, business entity, charitable organization, or governmental agency modified or altered the fire control or fire rescue equipment after it had been recertified by an authorized technician as meeting the manufacturer's specifications.
(d) As used in this section, "authorized technician" means a technician who has been certified by the manufacturer of fire control or fire rescue equipment to inspect such equipment. The technician need not be employed by a state or local governmental agency administering the distribution of the fire control or fire rescue equipment.
Acts 2004, ch. 863, § 2.
Tenn. Code Ann. § 29-5-217 — TN Code / Title 29 / Chapter 5 / Section 29-5-217
Application for court order - Procedure - Notice
Status: in_force

Except as otherwise provided, an application to the court under this part shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action. Acts 1977, ch. 159, § 1; T.C.A., § 23-541.
Except as otherwise provided, an application to the court under this part shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
Acts 1977, ch. 159, § 1; T.C.A., § 23-541.
Tenn. Code Ann. § 29-27-116 — TN Code / Title 29 / Chapter 27 / Section 29-27-116
Mode of partition
Status: in_force

In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ a surveyor, with the necessary assistants, to aid therein. The partition may be made by tracts, or by the division of each tract into shares, as may seem right to the commissioners and the court. Code 1858, §§ 3281, 3288 (deriv. Acts 1815, ch. 123, § 1; 1817, ch. 41, § 3); Shan., §§ 5029, 5037; Code 1932, §§ 9184, 9192; T.C.A. (orig. ed.), § 23-2119.
In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ a surveyor, with the necessary assistants, to aid therein. The partition may be made by tracts, or by the division of each tract into shares, as may seem right to the commissioners and the court.
Code 1858, §§ 3281, 3288 (deriv. Acts 1815, ch. 123, § 1; 1817, ch. 41, § 3); Shan., §§ 5029, 5037; Code 1932, §§ 9184, 9192; T.C.A. (orig. ed.), § 23-2119.
Tenn. Code Ann. § 29-3-114 — TN Code / Title 29 / Chapter 3 / Section 29-3-114
Abatement incident to action for damages
Status: in_force

In all suits brought for the recovery of damages resulting from any nuisance, and the finding that the matter complained of is a nuisance, the court exercising a sound discretion may immediately, upon petition of plaintiff, order or decline to order the nuisance to be abated. Code 1858, § 3403 (deriv. Acts 1851-1852, ch. 146, § 2); Acts 1901, ch. 139, § 1; Shan., § 5158; Code 1932, § 9314; T.C.A. (orig. ed.), § 23-315.
In all suits brought for the recovery of damages resulting from any nuisance, and the finding that the matter complained of is a nuisance, the court exercising a sound discretion may immediately, upon petition of plaintiff, order or decline to order the nuisance to be abated.
Code 1858, § 3403 (deriv. Acts 1851-1852, ch. 146, § 2); Acts 1901, ch. 139, § 1; Shan., § 5158; Code 1932, § 9314; T.C.A. (orig. ed.), § 23-315.
Tenn. Code Ann. § 29-15-110 — TN Code / Title 29 / Chapter 15 / Section 29-15-110
Land described in verdict
Status: in_force

(a) The plaintiff may recover any specific part or share of the premises embraced in the declaration, though less than plaintiff claims. (b) The verdict may specify the extent and quality of the plaintiff's estate, and the premises to which plaintiff is entitled, with reasonable certainty, by metes and bounds, or other sufficient description, according to the facts as proved. Code 1858, §§ 3245, 3247 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4987, 4989; Code 1932, §§ 9135, 9137; T.C.A. (orig. ed.), § 23-1316.
(a) The plaintiff may recover any specific part or share of the premises embraced in the declaration, though less than plaintiff claims.
(b) The verdict may specify the extent and quality of the plaintiff's estate, and the premises to which plaintiff is entitled, with reasonable certainty, by metes and bounds, or other sufficient description, according to the facts as proved.
Code 1858, §§ 3245, 3247 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4987, 4989; Code 1932, §§ 9135, 9137; T.C.A. (orig. ed.), § 23-1316.
Tenn. Code Ann. § 29-6-143 — TN Code / Title 29 / Chapter 6 / Section 29-6-143
Entry of publication order in record
Status: in_force

(a) The order should be entered upon the general sessions judge's docket, as well as endorsed upon the papers, in all attachment cases returned before a magistrate. (b) In all other cases, the entry should be upon the minutes or rule docket of the court. Code 1858, § 3520 (deriv. Acts 1845-1846, ch. 108, § 4); Shan., §5280; Code 1932, § 9471; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-643.
(a) The order should be entered upon the general sessions judge's docket, as well as endorsed upon the papers, in all attachment cases returned before a magistrate.
(b) In all other cases, the entry should be upon the minutes or rule docket of the court.
Code 1858, § 3520 (deriv. Acts 1845-1846, ch. 108, § 4); Shan., §5280; Code 1932, § 9471; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-643.
Tenn. Code Ann. § 29-34-203 — TN Code / Title 29 / Chapter 34 / Section 29-34-203
Immunity for first responders in responding to emergency calls
Status: in_force

(a) As used in this section, "first responder" means a law enforcement officer, firefighter, emergency services personnel or other person who responds to calls for emergency assistance from a 911 call. (b) A first responder and the responder's supervisor, agency, employer or supervising entity is immune from civil liability resulting from a forcible entry of a home, business or other structure if the first responder: (1) Is responding to a documented 911 call for emergency assistance; (2) Has made reasonable efforts to summon an occupant of the home, business, or structure that made the call by knocking or otherwise notifying the occupant of the first responder's presence; (3) Has not received a response from an occupant within a reasonable period of time after making reasonable efforts pursuant to subdivision (b)(2); and (4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency assistance or preventing imminent bodily harm. (c) Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry. Acts 2012, ch. 844, § 2.
(a) As used in this section, "first responder" means a law enforcement officer, firefighter, emergency services personnel or other person who responds to calls for emergency assistance from a 911 call.
(b) A first responder and the responder's supervisor, agency, employer or supervising entity is immune from civil liability resulting from a forcible entry of a home, business or other structure if the first responder: (1) Is responding to a documented 911 call for emergency assistance; (2) Has made reasonable efforts to summon an occupant of the home, business, or structure that made the call by knocking or otherwise notifying the occupant of the first responder's presence; (3) Has not received a response from an occupant within a reasonable period of time after making reasonable efforts pursuant to subdivision (b)(2); and (4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency assistance or preventing imminent bodily harm.
(1) Is responding to a documented 911 call for emergency assistance;
(2) Has made reasonable efforts to summon an occupant of the home, business, or structure that made the call by knocking or otherwise notifying the occupant of the first responder's presence;
(3) Has not received a response from an occupant within a reasonable period of time after making reasonable efforts pursuant to subdivision (b)(2); and
(4) Has a good faith belief that it is necessary to make a forcible entry for the purposes of rendering emergency assistance or preventing imminent bodily harm.
(c) Nothing in this section shall affect the standard of care a first responder must employ when rendering aid after gaining entry.
Acts 2012, ch. 844, § 2.
Tenn. Code Ann. § 29-5-202 — TN Code / Title 29 / Chapter 5 / Section 29-5-202
Enforceability of agreement to submit to arbitration
Status: in_force

(a) A written agreement to submit any existing controversy within or related to the cotton industry to arbitration or a provision in a written contract, except a forward crop contract, to submit to arbitration any controversy within or related to the cotton industry thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. (b) As used in this part: (1) "Any controversy within or related to the cotton industry" includes, but is not limited to, any controversy arising from, connected with, or in any way relating to the sale, purchase, pledge, hypothecation, or exchange of, or other transaction in cotton; (2) "Court" means any court of competent jurisdiction of this state. Any agreement made in conformity with subsection (a) in this state confers jurisdiction on the court to enforce an agreement under this part and to enter judgment or an award thereunder; and (3) "Forward crop contract" means a contract for the sale of a cotton crop or crops which have not been harvested at the time of execution of the contract if the cotton is to be produced by the seller or seller's agents, and if the obligation to deliver is excused upon seller's failure, after good faith effort, to produce the crop or crops sold. (c) This part shall not apply to any controversy within or related to the cotton industry if any party involved in such controversy is a cotton farmer or cotton ginner. Acts 1977, ch. 159, § 1; T.C.A., § 23-526.
(a) A written agreement to submit any existing controversy within or related to the cotton industry to arbitration or a provision in a written contract, except a forward crop contract, to submit to arbitration any controversy within or related to the cotton industry thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.
(b) As used in this part: (1) "Any controversy within or related to the cotton industry" includes, but is not limited to, any controversy arising from, connected with, or in any way relating to the sale, purchase, pledge, hypothecation, or exchange of, or other transaction in cotton; (2) "Court" means any court of competent jurisdiction of this state. Any agreement made in conformity with subsection (a) in this state confers jurisdiction on the court to enforce an agreement under this part and to enter judgment or an award thereunder; and (3) "Forward crop contract" means a contract for the sale of a cotton crop or crops which have not been harvested at the time of execution of the contract if the cotton is to be produced by the seller or seller's agents, and if the obligation to deliver is excused upon seller's failure, after good faith effort, to produce the crop or crops sold.
(1) "Any controversy within or related to the cotton industry" includes, but is not limited to, any controversy arising from, connected with, or in any way relating to the sale, purchase, pledge, hypothecation, or exchange of, or other transaction in cotton;
(2) "Court" means any court of competent jurisdiction of this state. Any agreement made in conformity with subsection (a) in this state confers jurisdiction on the court to enforce an agreement under this part and to enter judgment or an award thereunder; and
(3) "Forward crop contract" means a contract for the sale of a cotton crop or crops which have not been harvested at the time of execution of the contract if the cotton is to be produced by the seller or seller's agents, and if the obligation to deliver is excused upon seller's failure, after good faith effort, to produce the crop or crops sold.
(c) This part shall not apply to any controversy within or related to the cotton industry if any party involved in such controversy is a cotton farmer or cotton ginner.
Acts 1977, ch. 159, § 1; T.C.A., § 23-526.
Tenn. Code Ann. § 29-6-153 — TN Code / Title 29 / Chapter 6 / Section 29-6-153
Filing of replevy bond
Status: in_force

The bond, if given to the officer levying the attachment, shall be returned by the officer with the attachment; and, whether given to such officer or to the clerk, it constitutes a part of the record. Code 1858, § 3513; Shan., § 5273; Code 1932, § 9464; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-653.
The bond, if given to the officer levying the attachment, shall be returned by the officer with the attachment; and, whether given to such officer or to the clerk, it constitutes a part of the record.
Code 1858, § 3513; Shan., § 5273; Code 1932, § 9464; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-653.
Tenn. Code Ann. § 29-27-313 — TN Code / Title 29 / Chapter 27 / Section 29-27-313
Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of the notices described in Section 103(b) of that act ( 15 U.S.C. § 7003(b) ). Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. § 7001(c) ), or authorize electronic delivery of the notices described in Section 103(b) of that act ( 15 U.S.C. § 7003(b) ).
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-30-215 — TN Code / Title 29 / Chapter 30 / Section 29-30-215
Exemplary damages in general sessions court
Status: in_force

(a) The general sessions judge may, in a proper case, give exemplary damages in favor of either party. (b) In all cases where the plaintiff fails to prosecute the suit with effect, the general sessions judge may make such valuation as will be likely to effect the return of the property to the defendant if the character of the property is such as to make the return of the specific property important. Acts 1905, ch. 31; Shan., § 5152; Code 1932, § 9307; C. Supp. 1950, § 9307; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2326.
(a) The general sessions judge may, in a proper case, give exemplary damages in favor of either party.
(b) In all cases where the plaintiff fails to prosecute the suit with effect, the general sessions judge may make such valuation as will be likely to effect the return of the property to the defendant if the character of the property is such as to make the return of the specific property important.
Acts 1905, ch. 31; Shan., § 5152; Code 1932, § 9307; C. Supp. 1950, § 9307; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2326.
Tenn. Code Ann. § 29-12-102 — TN Code / Title 29 / Chapter 12 / Section 29-12-102
Attachment and injunction
Status: in_force

Upon filing the bill, writs of attachment and injunction may be granted, on complainants giving bond and security in such sums as the chancellor or judge may order, conditioned to comply with the orders and decrees of the court, and to pay such damages as may be awarded or recovered for wrongfully suing out such attachment or injunction. Code 1858, § 4289 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6098; Code 1932, § 10359; T.C.A. (orig. ed.), § 23-1002.
Upon filing the bill, writs of attachment and injunction may be granted, on complainants giving bond and security in such sums as the chancellor or judge may order, conditioned to comply with the orders and decrees of the court, and to pay such damages as may be awarded or recovered for wrongfully suing out such attachment or injunction.
Code 1858, § 4289 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6098; Code 1932, § 10359; T.C.A. (orig. ed.), § 23-1002.
Tenn. Code Ann. § 29-18-133 — TN Code / Title 29 / Chapter 18 / Section 29-18-133
Penalty for resuming possession
Status: in_force

(a) A person, once dispossessed by action, who again illegally possesses the premises, commits a Class C misdemeanor. (b) The only evidence, required or admitted on the trial of the criminal charge, is that the defendant was turned out of possession by action brought for the purpose, and that the defendant has again taken possession of the premises. Code 1858, §§ 3370, 3371 (deriv. Acts 1825, ch. 63, § 3); Shan., §§ 5120, 5121; Code 1932, §§ 9275, 9276; T.C.A. (orig. ed.), § 23-1635; Acts 1989, ch. 591, § 113.
(a) A person, once dispossessed by action, who again illegally possesses the premises, commits a Class C misdemeanor.
(b) The only evidence, required or admitted on the trial of the criminal charge, is that the defendant was turned out of possession by action brought for the purpose, and that the defendant has again taken possession of the premises.
Code 1858, §§ 3370, 3371 (deriv. Acts 1825, ch. 63, § 3); Shan., §§ 5120, 5121; Code 1932, §§ 9275, 9276; T.C.A. (orig. ed.), § 23-1635; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-34-106 — TN Code / Title 29 / Chapter 34 / Section 29-34-106
[Repealed] Provision of settlement agreement prohibiting disclosure of identities of persons relating to claim void and unenforceable
Status: repealed

(a) Notwithstanding any law to the contrary, any provision of a settlement agreement entered into by a governmental entity that has the effect of prohibiting the disclosure of the identities of persons relating to a claim by any of the parties is void and unenforceable as contrary to the public policy of this state; except that identifying information concerning a person who is a victim of sexual harassment or an offense under title 39, chapter 13, part 5; title 39, chapter 17, part 10; § 39-13-111 ; § 39-13-605 ; § 39-15-302 ; § 39-15-401 ; or § 39-15-402 is confidential until such person authorizes the disclosure of the information. (b) For purposes of this section, "governmental entity" means any lawfully established department, agency, or entity of this state or any political subdivision of this state. Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021. Added by 2019 Tenn. Acts, ch. 425, s 1, eff. 5/21/2019.
(a) Notwithstanding any law to the contrary, any provision of a settlement agreement entered into by a governmental entity that has the effect of prohibiting the disclosure of the identities of persons relating to a claim by any of the parties is void and unenforceable as contrary to the public policy of this state; except that identifying information concerning a person who is a victim of sexual harassment or an offense under title 39, chapter 13, part 5; title 39, chapter 17, part 10; § 39-13-111 ; § 39-13-605 ; § 39-15-302 ; § 39-15-401 ; or § 39-15-402 is confidential until such person authorizes the disclosure of the information.
(b) For purposes of this section, "governmental entity" means any lawfully established department, agency, or entity of this state or any political subdivision of this state.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Added by 2019 Tenn. Acts, ch. 425, s 1, eff. 5/21/2019.
Tenn. Code Ann. § 29-17-502 — TN Code / Title 29 / Chapter 17 / Section 29-17-502
Withdrawal of petition
Status: in_force

At any time prior to the vesting of title to property in the housing authority, the authority may withdraw or dismiss its petition with respect to any and all of the property therein described. Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1508; T.C.A. § 29-17-402; Acts 2006, ch. 863, § 1.
At any time prior to the vesting of title to property in the housing authority, the authority may withdraw or dismiss its petition with respect to any and all of the property therein described.
Acts 1937, ch. 183, § 1; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1508; T.C.A. § 29-17-402; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-17-708 — TN Code / Title 29 / Chapter 17 / Section 29-17-708
Payment of taxes
Status: in_force

It is the duty of any trustee or other officer charged with the collection of taxes, notified as required in § 29-17-703 , to make known to the court in writing the taxes due on the property, and the court shall give such direction as will satisfy the same and discharge the lien thereof. Acts 1937, ch. 262, § 10; C. Supp. 1950, § 3170.10 (Williams, § 3171.10); T.C.A. (orig. ed.), § 23-1520; T.C.A. § 29-17-608; Acts 2006, ch. 863, § 1.
It is the duty of any trustee or other officer charged with the collection of taxes, notified as required in § 29-17-703 , to make known to the court in writing the taxes due on the property, and the court shall give such direction as will satisfy the same and discharge the lien thereof.
Acts 1937, ch. 262, § 10; C. Supp. 1950, § 3170.10 (Williams, § 3171.10); T.C.A. (orig. ed.), § 23-1520; T.C.A. § 29-17-608; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-27-110 — TN Code / Title 29 / Chapter 27 / Section 29-27-110
Uncertainty of interests
Status: in_force

In case any one (1) or more of such parties, or the share or quantity of interest of any of the parties, be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, so that such parties cannot be named, the facts shall be set forth in such petition. Code 1858, § 3272 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., § 5020; Code 1932, § 9175; T.C.A. (orig. ed.), § 23-2110.
In case any one (1) or more of such parties, or the share or quantity of interest of any of the parties, be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, so that such parties cannot be named, the facts shall be set forth in such petition.
Code 1858, § 3272 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., § 5020; Code 1932, § 9175; T.C.A. (orig. ed.), § 23-2110.
Tenn. Code Ann. § 29-3-105 — TN Code / Title 29 / Chapter 3 / Section 29-3-105
Temporary injunction
Status: in_force

(a) In such proceeding, the court, or a judge or chancellor in vacation, shall, upon the presentation of a bill or petition therefor, alleging that the nuisance complained of exists, award a temporary writ of injunction, enjoining and restraining the further continuance of such nuisance, and the closing of the building or place wherein the same is conducted until the further order of the court, judge, or chancellor. (b) The award of a temporary writ of injunction shall be accompanied by such bond as is required by law in such cases, in case the bill is filed by citizens and freeholders; but no bond shall be required when such is filed by the officers provided for, if it shall be made to appear to the satisfaction of the court, judge or chancellor, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complaints or petitioners may elect, that the allegations of such bill or petition are true. Acts 1913 (2nd Ex. Sess.), ch. 2, § 4; Shan., § 5164a5; mod. Code 1932, § 9328; T.C.A. (orig. ed.), § 23-305; modified.
(a) In such proceeding, the court, or a judge or chancellor in vacation, shall, upon the presentation of a bill or petition therefor, alleging that the nuisance complained of exists, award a temporary writ of injunction, enjoining and restraining the further continuance of such nuisance, and the closing of the building or place wherein the same is conducted until the further order of the court, judge, or chancellor.
(b) The award of a temporary writ of injunction shall be accompanied by such bond as is required by law in such cases, in case the bill is filed by citizens and freeholders; but no bond shall be required when such is filed by the officers provided for, if it shall be made to appear to the satisfaction of the court, judge or chancellor, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complaints or petitioners may elect, that the allegations of such bill or petition are true.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 4; Shan., § 5164a5; mod. Code 1932, § 9328; T.C.A. (orig. ed.), § 23-305; modified.
Tenn. Code Ann. § 29-30-110 — TN Code / Title 29 / Chapter 30 / Section 29-30-110
Exemplary damages - Attorneys fees
Status: in_force

The court may, in proper cases, give exemplary damages, including reasonable attorneys fees, in favor of the defendant for the plaintiff's wrongful suing out of this possessory action or in the event that the plaintiff fails to prosecute the action after it has been instituted. Acts 1973, ch. 365, § 11; T.C.A., § 23-2350.
The court may, in proper cases, give exemplary damages, including reasonable attorneys fees, in favor of the defendant for the plaintiff's wrongful suing out of this possessory action or in the event that the plaintiff fails to prosecute the action after it has been instituted.
Acts 1973, ch. 365, § 11; T.C.A., § 23-2350.
Tenn. Code Ann. § 29-9-107 — TN Code / Title 29 / Chapter 9 / Section 29-9-107
Profanity in court of record
Status: in_force

Any person who profanely swears or curses in the presence of any court of record commits a Class C misdemeanor. Code 1858, § 1727 (deriv. Acts 1741, ch. 14, § 4); Shan., § 3034; Code 1932, § 5256; T.C.A. (orig. ed.), § 23-907; Acts 1989, ch. 591, § 113.
Any person who profanely swears or curses in the presence of any court of record commits a Class C misdemeanor.
Code 1858, § 1727 (deriv. Acts 1741, ch. 14, § 4); Shan., § 3034; Code 1932, § 5256; T.C.A. (orig. ed.), § 23-907; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-27-303 — TN Code / Title 29 / Chapter 27 / Section 29-27-303
Applicability - Relation to other law
Status: in_force

(a) This part applies to partition actions filed on or after July 1, 2022. (b) In an action under this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property and a cotenant seeks partition, then the property shall be partitioned under this part. (c) This part supplements parts 1 and 2 of this chapter and, if an action is governed by this part, then this part replaces provisions of parts 1 and 2 of this chapter that are inconsistent with this part. (d) This part is remedial in nature and shall be construed to extend to the court the discretion necessary to effectuate this part. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) This part applies to partition actions filed on or after July 1, 2022.
(b) In an action under this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property and a cotenant seeks partition, then the property shall be partitioned under this part.
(c) This part supplements parts 1 and 2 of this chapter and, if an action is governed by this part, then this part replaces provisions of parts 1 and 2 of this chapter that are inconsistent with this part.
(d) This part is remedial in nature and shall be construed to extend to the court the discretion necessary to effectuate this part.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-5-104 — TN Code / Title 29 / Chapter 5 / Section 29-5-104
Contents of agreement - Court of entry
Status: in_force

(a) The submission shall be by written agreement, general or special, specifying what demands are to be submitted, the names of the arbitrators or the manner of their selection, but not necessarily that of the umpire, and the court by which the judgment on their award is to be rendered, and if such written agreement requires one (1) of the parties to name an arbitrator and such party fails to do so, the court by which the judgment on the award is to be rendered shall on such failure so to name an arbitrator, upon the petition of the opposite party, appoint such arbitrator. (b) The agreement may specify that the submission be entered of record in any court of law or equity, or, in cases within its jurisdiction, before a judge of the court of general sessions. Code 1858, §§ 3434, 3436 (deriv. Acts 1851-1852, ch. 173, § 1); Shan., §§ 5190, 5192; mod. Code 1932, §§ 9361, 9364; Acts 1943, ch. 86, § 1; C. Supp. 1950, § 9361; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-504.
(a) The submission shall be by written agreement, general or special, specifying what demands are to be submitted, the names of the arbitrators or the manner of their selection, but not necessarily that of the umpire, and the court by which the judgment on their award is to be rendered, and if such written agreement requires one (1) of the parties to name an arbitrator and such party fails to do so, the court by which the judgment on the award is to be rendered shall on such failure so to name an arbitrator, upon the petition of the opposite party, appoint such arbitrator.
(b) The agreement may specify that the submission be entered of record in any court of law or equity, or, in cases within its jurisdiction, before a judge of the court of general sessions.
Code 1858, §§ 3434, 3436 (deriv. Acts 1851-1852, ch. 173, § 1); Shan., §§ 5190, 5192; mod. Code 1932, §§ 9361, 9364; Acts 1943, ch. 86, § 1; C. Supp. 1950, § 9361; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-504.
Tenn. Code Ann. § 29-27-208 — TN Code / Title 29 / Chapter 27 / Section 29-27-208
Sale of life estate
Status: in_force

(a) The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest. (b) (1) If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold. (2) If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared. (c) When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the fund invested, and the income paid over to the party during the continuance of the estate. Code 1858, §§ 3305-3308 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., §§ 5054-5057; Code 1932, §§ 9209-9212; Acts 1976, ch. 529, §§ 9, 10; T.C.A. (orig. ed.), §§ 23-2135 -- 23-2137.
(a) The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest.
(b) (1) If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold. (2) If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared.
(1) If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold.
(2) If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared.
(c) When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the fund invested, and the income paid over to the party during the continuance of the estate.
Code 1858, §§ 3305-3308 (deriv. Acts 1855-1856, ch. 164, § 2); Shan., §§ 5054-5057; Code 1932, §§ 9209-9212; Acts 1976, ch. 529, §§ 9, 10; T.C.A. (orig. ed.), §§ 23-2135 -- 23-2137.
Tenn. Code Ann. § 29-16-114 — TN Code / Title 29 / Chapter 16 / Section 29-16-114
Reserved
Status: repealed

Renumbered as T.C.A. s 29-16-203by 2014 Tenn. Acts, ch. 927,s 4, eff. 5/16/2014. Code 1858, § 1338; Shan., § 1857; Code 1932, §3122; Acts 1951, ch. 176, § 1; 1957, ch. 398, § 1; 1967, ch. 305, §1; 1970, ch. 482, § 1; 1972, ch. 463, § 1; T.C.A. (orig. ed.), § 23-1414; Acts 2006, ch. 863, § 19.
Renumbered as T.C.A. s 29-16-203by 2014 Tenn. Acts, ch. 927,s 4, eff. 5/16/2014.
Code 1858, § 1338; Shan., § 1857; Code 1932, §3122; Acts 1951, ch. 176, § 1; 1957, ch. 398, § 1; 1967, ch. 305, §1; 1970, ch. 482, § 1; 1972, ch. 463, § 1; T.C.A. (orig. ed.), § 23-1414; Acts 2006, ch. 863, § 19.
Tenn. Code Ann. § 29-6-151 — TN Code / Title 29 / Chapter 6 / Section 29-6-151
Replevy after return
Status: in_force

After the return of the attachment, and at any time before sale of the property attached, the clerk of the court to which return is made shall take the replevy bond and fix the value of the property, and judge of the sufficiency of the security. Code 1858, § 3511 (deriv. Acts 1839-1840, ch. 43, § 2); Shan., §5271; Code 1932, § 9462; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-651.
After the return of the attachment, and at any time before sale of the property attached, the clerk of the court to which return is made shall take the replevy bond and fix the value of the property, and judge of the sufficiency of the security.
Code 1858, § 3511 (deriv. Acts 1839-1840, ch. 43, § 2); Shan., §5271; Code 1932, § 9462; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-651.
Tenn. Code Ann. § 29-17-908 — TN Code / Title 29 / Chapter 17 / Section 29-17-908
Issues confined to amount of compensation - Determination of rights and interest of adverse claimants
Status: in_force

The only issue or question that shall be tried upon exception shall be the amount of compensation to be paid for the property or property rights taken, but in case of adverse claimants of such compensation, the court may require the adverse claimants to interplead, so as to fully determine the rights and interests of such claimants. Acts 1959, ch. 216, § 8; T.C.A., § 23-1535; T.C.A. § 29-17-808; Acts 2006, ch. 863, § 1.
The only issue or question that shall be tried upon exception shall be the amount of compensation to be paid for the property or property rights taken, but in case of adverse claimants of such compensation, the court may require the adverse claimants to interplead, so as to fully determine the rights and interests of such claimants.
Acts 1959, ch. 216, § 8; T.C.A., § 23-1535; T.C.A. § 29-17-808; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-35-112 — TN Code / Title 29 / Chapter 35 / Section 29-35-112
Contents of bill - Conduct of suit
Status: in_force

(a) The bill shall set forth briefly, and without technical forms, the grounds upon which the suit is instituted. (b) The suit shall be conducted as other suits in equity. Code 1858, § 3415 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5171; Code 1932, § 9342; T.C.A. (orig. ed.), § 23-2812.
(a) The bill shall set forth briefly, and without technical forms, the grounds upon which the suit is instituted.
(b) The suit shall be conducted as other suits in equity.
Code 1858, § 3415 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5171; Code 1932, § 9342; T.C.A. (orig. ed.), § 23-2812.
Tenn. Code Ann. § 29-23-105 — TN Code / Title 29 / Chapter 23 / Section 29-23-105
Delivery of attached property - Payment of penalty
Status: in_force

The court has power, upon final decree, to order the property which may have been attached to be delivered to the party entitled, and, in case of failure, that the persons liable upon original, replevy, or delivery bonds, shall pay all or such portion of the penalty as the court may order. Or, where the property is not forthcoming in conformity to the final decree, the court may enter judgment on motion, and execution may issue thereon for the whole, or any portion, of the penalty, as the court may direct, against all or any of the parties thereto. Code 1858, §§ 4449, 4450; Shan., § 6266; Code 1932, § 10556; T.C.A. (orig. ed.), § 23-1914.
The court has power, upon final decree, to order the property which may have been attached to be delivered to the party entitled, and, in case of failure, that the persons liable upon original, replevy, or delivery bonds, shall pay all or such portion of the penalty as the court may order. Or, where the property is not forthcoming in conformity to the final decree, the court may enter judgment on motion, and execution may issue thereon for the whole, or any portion, of the penalty, as the court may direct, against all or any of the parties thereto.
Code 1858, §§ 4449, 4450; Shan., § 6266; Code 1932, § 10556; T.C.A. (orig. ed.), § 23-1914.
Tenn. Code Ann. § 29-6-105 — TN Code / Title 29 / Chapter 6 / Section 29-6-105
Discharge on giving bond
Status: in_force

The attachment by endorser or surety shall be discharged, if the principal will give bond and security, to be approved by the court, in term time, or its clerk in vacation, to indemnify the plaintiff. Code 1858, § 3459 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., §5216; Code 1932, § 9403; T.C.A. (orig. ed.), § 23-605.
The attachment by endorser or surety shall be discharged, if the principal will give bond and security, to be approved by the court, in term time, or its clerk in vacation, to indemnify the plaintiff.
Code 1858, § 3459 (deriv. Acts 1835-1836, ch. 43, § 8); Shan., §5216; Code 1932, § 9403; T.C.A. (orig. ed.), § 23-605.
Tenn. Code Ann. § 29-5-204 — TN Code / Title 29 / Chapter 5 / Section 29-5-204
Appointment of arbitrators
Status: in_force

If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator's successor has not been duly appointed, the court on application of a party shall appoint one (1) or more arbitrators. An arbitrator so appointed has all the powers of one specially named in the agreement. Acts 1977, ch. 159, § 1; T.C.A., § 23-528.
If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator's successor has not been duly appointed, the court on application of a party shall appoint one (1) or more arbitrators. An arbitrator so appointed has all the powers of one specially named in the agreement.
Acts 1977, ch. 159, § 1; T.C.A., § 23-528.
Tenn. Code Ann. § 29-21-105 — TN Code / Title 29 / Chapter 21 / Section 29-21-105
Place of application for writ
Status: in_force

The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge. Code 1858, § 3724; Shan., § 5504; Code 1932, § 9675; C. Supp. 1950, § 9675; T.C.A. (orig. ed.), § 23-1805.
The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge.
Code 1858, § 3724; Shan., § 5504; Code 1932, § 9675; C. Supp. 1950, § 9675; T.C.A. (orig. ed.), § 23-1805.
Tenn. Code Ann. § 29-30-204 — TN Code / Title 29 / Chapter 30 / Section 29-30-204
Publication on nonresident
Status: in_force

Should the defendant, or any defendant, be a nonresident of the state, the officer shall return the fact and the court shall order publication to be made for four (4) successive weeks in some newspaper published in the county in which the suit is pending, or in the nearest county. The publication shall state the names of the parties and briefly set forth the nature of the writ. Code 1858, § 3385 (deriv. Acts 1853-1854, ch. 60, § 3); Shan., § 5139; mod. Code 1932, § 9294; T.C.A. (orig. ed.), § 23-2312.
Should the defendant, or any defendant, be a nonresident of the state, the officer shall return the fact and the court shall order publication to be made for four (4) successive weeks in some newspaper published in the county in which the suit is pending, or in the nearest county. The publication shall state the names of the parties and briefly set forth the nature of the writ.
Code 1858, § 3385 (deriv. Acts 1853-1854, ch. 60, § 3); Shan., § 5139; mod. Code 1932, § 9294; T.C.A. (orig. ed.), § 23-2312.
Tenn. Code Ann. § 29-23-104 — TN Code / Title 29 / Chapter 23 / Section 29-23-104
Assessment of penalty for injurious injunction
Status: in_force

(a) In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined. (b) If this discretion is exercised by the chancellor it shall be reviewable on appeal. Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.
(a) In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined.
(b) If this discretion is exercised by the chancellor it shall be reviewable on appeal.
Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.
Tenn. Code Ann. § 29-6-116 — TN Code / Title 29 / Chapter 6 / Section 29-6-116
Amount of bond
Status: in_force

The bond to be required before issuance of the writ shall be in penalty as follows: (1) When the amount of the claim is less than the value of the property sought to be attached, a bond in a penalty equal to the asserted amount of the plaintiff's or complainant's debt or lien plus an additional sum which in the opinion of the issuing officer will be sufficient to cover the probable cost of litigation and all damages that may be sustained by reason of the wrongful suing out of the writ; (2) When the amount of such debt, or lien of the plaintiff or complainant shall be greater than the value of the property sought to be attached, the penalty shall be equal to the estimated value of such property plus an additional sum which in the opinion of the issuing officer will be sufficient to cover such costs and damages; (3) When the claim is for unliquidated damages, the penalty shall be equal to the value of the personal property to be attached plus such sum as will be sufficient to cover such costs and damages; or (4) When the property to be attached is real estate, the issuing officer shall only require a bond in penalty sufficient to cover all such costs and damages as same may be estimated by the issuing officer. Acts 1927, ch. 78, §§ 1-4; mod. Code 1932, § 9419; T.C.A. (orig. ed.), § 23-616.
The bond to be required before issuance of the writ shall be in penalty as follows:
(1) When the amount of the claim is less than the value of the property sought to be attached, a bond in a penalty equal to the asserted amount of the plaintiff's or complainant's debt or lien plus an additional sum which in the opinion of the issuing officer will be sufficient to cover the probable cost of litigation and all damages that may be sustained by reason of the wrongful suing out of the writ;
(2) When the amount of such debt, or lien of the plaintiff or complainant shall be greater than the value of the property sought to be attached, the penalty shall be equal to the estimated value of such property plus an additional sum which in the opinion of the issuing officer will be sufficient to cover such costs and damages;
(3) When the claim is for unliquidated damages, the penalty shall be equal to the value of the personal property to be attached plus such sum as will be sufficient to cover such costs and damages; or
(4) When the property to be attached is real estate, the issuing officer shall only require a bond in penalty sufficient to cover all such costs and damages as same may be estimated by the issuing officer.
Acts 1927, ch. 78, §§ 1-4; mod. Code 1932, § 9419; T.C.A. (orig. ed.), § 23-616.
Tenn. Code Ann. § 29-5-327 — TN Code / Title 29 / Chapter 5 / Section 29-5-327
Jurisdiction
Status: in_force

(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate. (b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this part. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
(b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this part.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-34-103 — TN Code / Title 29 / Chapter 34 / Section 29-34-103
§ 29-34-103
Status: in_force

Notwithstanding any law to the contrary, any provision of a settlement agreement that has the purpose or effect of concealing the details relating to a claim of child sexual abuse, as defined in § 37-1-602 , is void and unenforceable as contrary to the public policy of this state; except that identifying information concerning a victim of child sexual abuse shall be deemed and maintained as confidential.
Tenn. Code Ann. § 29-18-129 — TN Code / Title 29 / Chapter 18 / Section 29-18-129
Certiorari and supersedeas to circuit court
Status: in_force

The proceedings to such actions must not be removed to circuit court by writs of certiorari and supersedeas. In such proceedings, a party seeking de novo review may appeal in accordance with § 27-5-108 , § 29-18-128 , or § 29-18-130 . Amended by 2024 Tenn. Acts, ch. 755,s 3, eff. 7/1/2024. Acts 1869-1870, ch. 64, § 2; Shan., § 5111; Code 1932, §9266; T.C.A. (orig. ed.), § 23-1631.
The proceedings to such actions must not be removed to circuit court by writs of certiorari and supersedeas. In such proceedings, a party seeking de novo review may appeal in accordance with § 27-5-108 , § 29-18-128 , or § 29-18-130 .
Amended by 2024 Tenn. Acts, ch. 755,s 3, eff. 7/1/2024.
Acts 1869-1870, ch. 64, § 2; Shan., § 5111; Code 1932, §9266; T.C.A. (orig. ed.), § 23-1631.
Tenn. Code Ann. § 29-34-607 — TN Code / Title 29 / Chapter 34 / Section 29-34-607
Admissible evidence
Status: in_force

(a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence. (b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action. Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
(a) If a plaintiff proceeds to trial in an asbestos action before an asbestos trust claim is resolved, the filing of the asbestos trust claim may be considered as relevant and admissible evidence.
(b) Trust claim materials that are sufficient to entitle a claim to consideration for payment under the applicable trust governance documents may be sufficient to support a jury finding that the plaintiff may have been exposed to products for which the asbestos trust was established to provide compensation and that such exposure may be a substantial factor in causing the plaintiff's injury that is at issue in the asbestos action.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-16-118 — TN Code / Title 29 / Chapter 16 / Section 29-16-118
Appeal
Status: in_force

(a) Either party may also appeal from the finding of the jury, and, on giving security for the costs, have a trial anew, before a jury in the usual way. (b) In all cases where the right to condemn is not contested and the sole question before the jury is that of damages the property owner shall be entitled to open and close the argument before the court and jury. (c) The time within which either party may appeal from the finding of the jury of view shall be forty-five (45) days from the date of the entry of the court's order confirming the report of the jury of view. Code 1858, § 1342; Shan., § 1861; Code 1932, § 3126; Acts 1953, ch. 71, § 1; 1968, ch. 615, § 1; T.C.A. (orig. ed.), § 23-1418.
(a) Either party may also appeal from the finding of the jury, and, on giving security for the costs, have a trial anew, before a jury in the usual way.
(b) In all cases where the right to condemn is not contested and the sole question before the jury is that of damages the property owner shall be entitled to open and close the argument before the court and jury.
(c) The time within which either party may appeal from the finding of the jury of view shall be forty-five (45) days from the date of the entry of the court's order confirming the report of the jury of view.
Code 1858, § 1342; Shan., § 1861; Code 1932, § 3126; Acts 1953, ch. 71, § 1; 1968, ch. 615, § 1; T.C.A. (orig. ed.), § 23-1418.
Tenn. Code Ann. § 29-30-101 — TN Code / Title 29 / Chapter 30 / Section 29-30-101
Action to recover personal property
Status: in_force

Where goods, chattels, or other items of tangible personal property are in the possession of another, the person entitled to possession thereof may recover such goods, chattels, or other tangible personal property by filing an action to recover personal property. Acts 1973, ch. 365, § 1; T.C.A., § 23-2341.
Where goods, chattels, or other items of tangible personal property are in the possession of another, the person entitled to possession thereof may recover such goods, chattels, or other tangible personal property by filing an action to recover personal property.
Acts 1973, ch. 365, § 1; T.C.A., § 23-2341.
Tenn. Code Ann. § 29-32-102 — TN Code / Title 29 / Chapter 32 / Section 29-32-102
Issuance by general sessions judges
Status: in_force

(a) Judges of the courts of general sessions have power to issue scire facias in all cases before them, when it may be necessary, in the same manner and subject to the same rules as such writs issue from courts of record. (b) Scire facias is issued by the general sessions judge having legal possession of the papers in a cause. Code 1858, §§ 3576, 3577 (deriv. Acts 1831, ch. 111, §§ 2, 3); Shan., §§ 5340, 5341; Code 1932, §§9500, 9501; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2502.
(a) Judges of the courts of general sessions have power to issue scire facias in all cases before them, when it may be necessary, in the same manner and subject to the same rules as such writs issue from courts of record.
(b) Scire facias is issued by the general sessions judge having legal possession of the papers in a cause.
Code 1858, §§ 3576, 3577 (deriv. Acts 1831, ch. 111, §§ 2, 3); Shan., §§ 5340, 5341; Code 1932, §§9500, 9501; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2502.
Tenn. Code Ann. § 29-5-319 — TN Code / Title 29 / Chapter 5 / Section 29-5-319
Judicial enforcement of pre-award ruling by arbitrator
Status: in_force

If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, then the party may request the arbitrator to incorporate the ruling into an award under § 29-5-320 . A prevailing party may make a motion to the court for an expedited order to confirm the award under § 29-5-323 , in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award, unless the court vacates, modifies, or corrects the award under § 29-5-324 or § 29-5-325 . Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, then the party may request the arbitrator to incorporate the ruling into an award under § 29-5-320 . A prevailing party may make a motion to the court for an expedited order to confirm the award under § 29-5-323 , in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award, unless the court vacates, modifies, or corrects the award under § 29-5-324 or § 29-5-325 .
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-20-406 — TN Code / Title 29 / Chapter 20 / Section 29-20-406
Liability insurance for employees and sheriffs authorized
Status: in_force

(a) A governmental entity may insure any or all of its employees against all or any part of their liability for injury or damage resulting from a negligent act or omission, and any expenditure for such insurance is herewith declared to be for a public purpose, and may be paid from funds derived from the tax levy authorized in § 29-20-402 . (b) Any sheriff or group of sheriffs is authorized to purchase insurance or enter into agreements to insure such sheriff and any or all of the sheriff's employees against all or any part of their personal liability for injury or damages arising as a result of the act or omission of any such sheriff or employee. This authority to purchase insurance or enter into agreements to insure includes specifically the authority to establish a separate legal or administrative entity to effectuate any such agreements or, if a separate legal or administrative entity is not established, to designate an entity to effectuate the purposes of this subsection (b). Any such purchase or any such agreement which would involve the expenditure of county funds must first be approved by the county legislative body. Acts 1973, ch. 345, § 27; T.C.A., § 23-3330; Acts 1986, ch. 730, § 1.
(a) A governmental entity may insure any or all of its employees against all or any part of their liability for injury or damage resulting from a negligent act or omission, and any expenditure for such insurance is herewith declared to be for a public purpose, and may be paid from funds derived from the tax levy authorized in § 29-20-402 .
(b) Any sheriff or group of sheriffs is authorized to purchase insurance or enter into agreements to insure such sheriff and any or all of the sheriff's employees against all or any part of their personal liability for injury or damages arising as a result of the act or omission of any such sheriff or employee. This authority to purchase insurance or enter into agreements to insure includes specifically the authority to establish a separate legal or administrative entity to effectuate any such agreements or, if a separate legal or administrative entity is not established, to designate an entity to effectuate the purposes of this subsection (b). Any such purchase or any such agreement which would involve the expenditure of county funds must first be approved by the county legislative body.
Acts 1973, ch. 345, § 27; T.C.A., § 23-3330; Acts 1986, ch. 730, § 1.
Tenn. Code Ann. § 29-3-104 — TN Code / Title 29 / Chapter 3 / Section 29-3-104
Bond of relators
Status: in_force

Where such bill or petition is filed by citizens and freeholders, they shall make bond, in such sum as the judge or chancellor shall prescribe, conditioned to pay all costs and damages in the event the court trying the case shall adjudge that the proceeding was instituted without probable cause; but no bond for costs or damages shall be required where the proceeding is instituted by and upon the relation of the attorney general and reporter or a district attorney general or a county or a city attorney. Acts 1913 (2nd Ex. Sess.), ch. 2, § 3, Shan., § 516414; Code 1932 § 9327; T.C.A. (orig. ed.), 23-304; modified.
Where such bill or petition is filed by citizens and freeholders, they shall make bond, in such sum as the judge or chancellor shall prescribe, conditioned to pay all costs and damages in the event the court trying the case shall adjudge that the proceeding was instituted without probable cause; but no bond for costs or damages shall be required where the proceeding is instituted by and upon the relation of the attorney general and reporter or a district attorney general or a county or a city attorney.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 3, Shan., § 516414; Code 1932 § 9327; T.C.A. (orig. ed.), 23-304; modified.
Tenn. Code Ann. § 29-30-102 — TN Code / Title 29 / Chapter 30 / Section 29-30-102
Jurisdiction and venue
Status: in_force

(a) The action may be instituted in the court of general sessions or in the circuit court or chancery court. (b) The action may be instituted in any county where any part of the personal property is located, in the county where the contract was executed, in the county where any defendant resides or in the county where the address of any defendant was stated to be in any writing on which the plaintiff's claim to possession is founded. Acts 1973, ch. 365, § 2; T.C.A., § 23-2342.
(a) The action may be instituted in the court of general sessions or in the circuit court or chancery court.
(b) The action may be instituted in any county where any part of the personal property is located, in the county where the contract was executed, in the county where any defendant resides or in the county where the address of any defendant was stated to be in any writing on which the plaintiff's claim to possession is founded.
Acts 1973, ch. 365, § 2; T.C.A., § 23-2342.
Tenn. Code Ann. § 29-9-104 — TN Code / Title 29 / Chapter 9 / Section 29-9-104
Omission to perform act
Status: in_force

(a) If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such person performs it. (b) The person or if same be a corporation, then such person or corporation can be separately fined, as authorized by law, for each day it is in contempt until it performs the act or pays the damages ordered by the court. Code 1858, § 4108; Shan., § 5920; Code 1932, § 10121; Acts 1979, ch. 113, § 1; T.C.A. (orig. ed.), §23-904; Acts 2011 , ch. 119, § 5.
(a) If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such person performs it.
(b) The person or if same be a corporation, then such person or corporation can be separately fined, as authorized by law, for each day it is in contempt until it performs the act or pays the damages ordered by the court.
Code 1858, § 4108; Shan., § 5920; Code 1932, § 10121; Acts 1979, ch. 113, § 1; T.C.A. (orig. ed.), §23-904; Acts 2011 , ch. 119, § 5.
Tenn. Code Ann. § 29-7-108 — TN Code / Title 29 / Chapter 7 / Section 29-7-108
Compensation of garnishee
Status: in_force

The garnishee is allowed the compensation and privileges of a witness, for the garnishee's attendance and answer, and all costs to be paid by the plaintiff. Code 1858, § 3490 (deriv. Acts 1826, ch. 17, § 1); Shan., § 5250; Code 1932, § 9441; T.C.A. (orig. ed.), § 23-708; modified.
The garnishee is allowed the compensation and privileges of a witness, for the garnishee's attendance and answer, and all costs to be paid by the plaintiff.
Code 1858, § 3490 (deriv. Acts 1826, ch. 17, § 1); Shan., § 5250; Code 1932, § 9441; T.C.A. (orig. ed.), § 23-708; modified.
Tenn. Code Ann. § 29-12-104 — TN Code / Title 29 / Chapter 12 / Section 29-12-104
Powers of court
Status: in_force

The court has the same power and jurisdiction in all respects to set aside fraudulent conveyances and other fraudulent devices, in the cases mentioned in §§ 29-12-101 - 29-12-103, and to subject the property, by sale or otherwise, to the payment of debts, as if the creditor had obtained judgment, and execution thereon had been returned unsatisfied. Code 1858, § 4291 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6100; Code 1932, § 10361; T.C.A. (orig. ed.), § 23-1004.
The court has the same power and jurisdiction in all respects to set aside fraudulent conveyances and other fraudulent devices, in the cases mentioned in §§ 29-12-101 - 29-12-103, and to subject the property, by sale or otherwise, to the payment of debts, as if the creditor had obtained judgment, and execution thereon had been returned unsatisfied.
Code 1858, § 4291 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6100; Code 1932, § 10361; T.C.A. (orig. ed.), § 23-1004.
Tenn. Code Ann. § 29-34-401 — TN Code / Title 29 / Chapter 34 / Section 29-34-401
Part definitions
Status: in_force

For purposes of this part: (1) "Ice skating rink" means a facility that is designed for ice skating and that is used by the public for recreational or competitive ice skating; (2) "Operator" mean a person who owns, controls, or has operational responsibility for an ice skating facility, or the agent of that person; and (3) "Spectator" means an individual who is present at an ice skating rink to observe ice skating. Acts 2012, ch. 983, § 1.
For purposes of this part:
(1) "Ice skating rink" means a facility that is designed for ice skating and that is used by the public for recreational or competitive ice skating;
(2) "Operator" mean a person who owns, controls, or has operational responsibility for an ice skating facility, or the agent of that person; and
(3) "Spectator" means an individual who is present at an ice skating rink to observe ice skating.
Acts 2012, ch. 983, § 1.
Tenn. Code Ann. § 29-16-119 — TN Code / Title 29 / Chapter 16 / Section 29-16-119
Costs on appeal
Status: in_force

If the verdict of the jury, upon the trial, affirms the finding of the jury of inquest, or is more unfavorable to the appellant than the finding of such jury, the costs shall be adjudged against such appellant; otherwise the court may award costs as in chancery cases. Code 1858, § 1343 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1862; Code 1932, § 3127; T.C.A. (orig. ed.), § 23-1419.
If the verdict of the jury, upon the trial, affirms the finding of the jury of inquest, or is more unfavorable to the appellant than the finding of such jury, the costs shall be adjudged against such appellant; otherwise the court may award costs as in chancery cases.
Code 1858, § 1343 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1862; Code 1932, § 3127; T.C.A. (orig. ed.), § 23-1419.
Tenn. Code Ann. § 29-6-161 — TN Code / Title 29 / Chapter 6 / Section 29-6-161
Nonresident setting aside default judgment
Status: in_force

In all cases of attachment sued out because the defendant resides out of the state, or has merely departed or removed property from the state, the judgment or decree by default may be set aside, upon application of the defendant and good cause shown, within twelve (12) months thereafter, and defense permitted upon such terms as the court may impose. Code 1858, § 3529; Shan., § 5289; Code 1932, § 9481; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-661.
In all cases of attachment sued out because the defendant resides out of the state, or has merely departed or removed property from the state, the judgment or decree by default may be set aside, upon application of the defendant and good cause shown, within twelve (12) months thereafter, and defense permitted upon such terms as the court may impose.
Code 1858, § 3529; Shan., § 5289; Code 1932, § 9481; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-661.