Tenn. Code Ann. § 16-15-901 — TN Code / Title 16 / Chapter 15 / Section 16-15-901
Issuance and service of civil warrants, writs and other papers
Status: in_force

(a) Upon filing of civil warrants, writs and other papers, the clerk of the general sessions court in which the civil warrants, writs or other papers are filed, shall issue the required process, writs or other papers, and cause it or them, with necessary copies of the civil warrant, writ or papers, to be delivered for service to the person authorized to serve process as may be designated by the party filing the civil warrant, writ or other papers or the party's attorney if represented by counsel. The authorized person shall serve the civil warrant, writ or other papers, and the return endorsed on the warrant, writ or other papers shall be proof of the time and manner of service. A civil warrant, writ or other papers may be issued for service in any county, against any defendant or additional defendants. (b) A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age. Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit. If service of process is made by a private process server, the process server must be identified by name and a mailing or physical address on the service return or in a supplemental affidavit. Failure of the process server to include this information does not render the service invalid if the service is otherwise valid, but the court may require a private process server to provide the private process server's mailing or physical address to the party on whom process was served. (c) Nothing in this section shall affect existing laws with respect to venue. Amended by 2019 Tenn. Acts, ch. 196,s 1, eff. 1/1/2020. Acts 2002, ch. 794, § 2.
(a) Upon filing of civil warrants, writs and other papers, the clerk of the general sessions court in which the civil warrants, writs or other papers are filed, shall issue the required process, writs or other papers, and cause it or them, with necessary copies of the civil warrant, writ or papers, to be delivered for service to the person authorized to serve process as may be designated by the party filing the civil warrant, writ or other papers or the party's attorney if represented by counsel. The authorized person shall serve the civil warrant, writ or other papers, and the return endorsed on the warrant, writ or other papers shall be proof of the time and manner of service. A civil warrant, writ or other papers may be issued for service in any county, against any defendant or additional defendants.
(b) A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age. Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit. If service of process is made by a private process server, the process server must be identified by name and a mailing or physical address on the service return or in a supplemental affidavit. Failure of the process server to include this information does not render the service invalid if the service is otherwise valid, but the court may require a private process server to provide the private process server's mailing or physical address to the party on whom process was served.
(c) Nothing in this section shall affect existing laws with respect to venue.
Amended by 2019 Tenn. Acts, ch. 196,s 1, eff. 1/1/2020.
Acts 2002, ch. 794, § 2.
Tenn. Code Ann. § 16-22-103 — TN Code / Title 16 / Chapter 22 / Section 16-22-103
Chapter definitions
Status: in_force

As used in this chapter: (1) "Chemically dependent" means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by two (2) or more of the predeterminate symptoms occurring at any time in the same twelve-month period; (2) "Drug court treatment program" means any drug court treatment program created within the state that follows the general principles referenced in § 16-22-104 and that is established by the judge of a court in this state exercising criminal jurisdiction or by the judge of a juvenile court. A "drug court treatment program" shall have the same powers as the court that created it; (3) "Nonadversarial approach" means that the district attorney general and the defense attorney work together for the benefit of the drug court treatment program participants and the program. Any disagreements are to be resolved prior to court and not in front of the participants; and (4) (A) "Violent offender" means a person who: (i) Is convicted of an offense, during the course of which: (a) The person carried, possessed or used a firearm or dangerous weapon; (b) There occurred the death of or serious bodily injury to any person; or (c) The person committed a felony involving the use of force against the person of another; (ii) Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; or (iii) Is convicted of domestic assault under § 39-13-111 ; (B) In determining whether a defendant is a "violent offender" under subdivision (4)(A)(i), it does not matter whether one (1) or more of the circumstances described in subdivision (4)(A)(i)( a ), (4)(A)(i)( b ), or (4)(A)(i)( c ) is or is not an element of the offense for which the person is convicted. Amended by 2021 Tenn. Acts, ch. 409, s 2, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 409, s 1, eff. 7/1/2021. Acts 2003 , ch. 335, §1; 2007 , ch. 375, §1; 2012 , ch. 889, § 1.
As used in this chapter:
(1) "Chemically dependent" means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by two (2) or more of the predeterminate symptoms occurring at any time in the same twelve-month period;
(2) "Drug court treatment program" means any drug court treatment program created within the state that follows the general principles referenced in § 16-22-104 and that is established by the judge of a court in this state exercising criminal jurisdiction or by the judge of a juvenile court. A "drug court treatment program" shall have the same powers as the court that created it;
(3) "Nonadversarial approach" means that the district attorney general and the defense attorney work together for the benefit of the drug court treatment program participants and the program. Any disagreements are to be resolved prior to court and not in front of the participants; and
(4) (A) "Violent offender" means a person who: (i) Is convicted of an offense, during the course of which: (a) The person carried, possessed or used a firearm or dangerous weapon; (b) There occurred the death of or serious bodily injury to any person; or (c) The person committed a felony involving the use of force against the person of another; (ii) Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; or (iii) Is convicted of domestic assault under § 39-13-111 ; (B) In determining whether a defendant is a "violent offender" under subdivision (4)(A)(i), it does not matter whether one (1) or more of the circumstances described in subdivision (4)(A)(i)( a ), (4)(A)(i)( b ), or (4)(A)(i)( c ) is or is not an element of the offense for which the person is convicted.
(A) "Violent offender" means a person who: (i) Is convicted of an offense, during the course of which: (a) The person carried, possessed or used a firearm or dangerous weapon; (b) There occurred the death of or serious bodily injury to any person; or (c) The person committed a felony involving the use of force against the person of another; (ii) Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; or (iii) Is convicted of domestic assault under § 39-13-111 ;
(i) Is convicted of an offense, during the course of which: (a) The person carried, possessed or used a firearm or dangerous weapon; (b) There occurred the death of or serious bodily injury to any person; or (c) The person committed a felony involving the use of force against the person of another;
(a) The person carried, possessed or used a firearm or dangerous weapon;
(b) There occurred the death of or serious bodily injury to any person; or
(c) The person committed a felony involving the use of force against the person of another;
(ii) Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; or
(iii) Is convicted of domestic assault under § 39-13-111 ;
(B) In determining whether a defendant is a "violent offender" under subdivision (4)(A)(i), it does not matter whether one (1) or more of the circumstances described in subdivision (4)(A)(i)( a ), (4)(A)(i)( b ), or (4)(A)(i)( c ) is or is not an element of the offense for which the person is convicted.
Amended by 2021 Tenn. Acts, ch. 409, s 2, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 409, s 1, eff. 7/1/2021.
Acts 2003 , ch. 335, §1; 2007 , ch. 375, §1; 2012 , ch. 889, § 1.
Tenn. Code Ann. § 16-11-115 — TN Code / Title 16 / Chapter 11 / Section 16-11-115
Jurisdiction of contract enforcement
Status: in_force

Notwithstanding any law to the contrary, contracts for goods or services between individuals, partnerships, associations, corporations, governmental entities or limited liability companies are enforceable in either chancery or circuit court in the county where: (1) The defendant may be found; (2) The contract was executed; (3) The goods were provided or were to be provided; or (4) Services were rendered or were to be rendered. Acts 2007, ch. 351, § 2.
Notwithstanding any law to the contrary, contracts for goods or services between individuals, partnerships, associations, corporations, governmental entities or limited liability companies are enforceable in either chancery or circuit court in the county where:
(1) The defendant may be found;
(2) The contract was executed;
(3) The goods were provided or were to be provided; or
(4) Services were rendered or were to be rendered.
Acts 2007, ch. 351, § 2.
Tenn. Code Ann. § 16-1-107 — TN Code / Title 16 / Chapter 1 / Section 16-1-107
Power to sell land
Status: in_force

In all suits, instituted according to law, to sell the real estate of decedents for the payment of debts, or to sell lands for partition, a court of record may decree a sale of lands lying in any part of the state. Code 1858, § 4102 (deriv. Acts 1847-1848, ch. 170); Shan., § 5914; mod. Code 1932, § 10113; T.C.A. (orig. ed.), § 16-107.
In all suits, instituted according to law, to sell the real estate of decedents for the payment of debts, or to sell lands for partition, a court of record may decree a sale of lands lying in any part of the state.
Code 1858, § 4102 (deriv. Acts 1847-1848, ch. 170); Shan., § 5914; mod. Code 1932, § 10113; T.C.A. (orig. ed.), § 16-107.
Tenn. Code Ann. § 16-15-201 — TN Code / Title 16 / Chapter 15 / Section 16-15-201
Judge of court - Qualifications - Number
Status: in_force

(a) There shall be one (1) judge for each court with the same qualifications and term of office as provided by the constitution of Tennessee for inferior courts. (b) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the eighth class having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106 . (c) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the seventh class having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106 . (d) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the fifth class having a population of not less than twenty-eight thousand six hundred sixty (28,660) nor more than twenty-eight thousand six hundred ninety (28,690), according to the 1980 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106 . (e) This section shall not be construed to affect or change the number of judges prescribed for any court of general sessions in any county by private act in effect as of March 11, 1959, or any private act that may be thereafter enacted prescribing more than one (1) judge for a court of general sessions in a particular county. In event of any conflict between this section and a private act as to the number of judges presiding over the court of general sessions in any particular county, the private act shall control. Acts 1959, ch. 109, § 9; 1965, ch. 114, § 2; 1967, ch. 276, § 2; 1968, ch. 635, § 2; 1969, ch. 44, § 2; modified; T.C.A., § 16-1105; Acts 1982, ch. 564, § 1.
(a) There shall be one (1) judge for each court with the same qualifications and term of office as provided by the constitution of Tennessee for inferior courts.
(b) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the eighth class having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106 .
(c) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the seventh class having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106 .
(d) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the fifth class having a population of not less than twenty-eight thousand six hundred sixty (28,660) nor more than twenty-eight thousand six hundred ninety (28,690), according to the 1980 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106 .
(e) This section shall not be construed to affect or change the number of judges prescribed for any court of general sessions in any county by private act in effect as of March 11, 1959, or any private act that may be thereafter enacted prescribing more than one (1) judge for a court of general sessions in a particular county. In event of any conflict between this section and a private act as to the number of judges presiding over the court of general sessions in any particular county, the private act shall control.
Acts 1959, ch. 109, § 9; 1965, ch. 114, § 2; 1967, ch. 276, § 2; 1968, ch. 635, § 2; 1969, ch. 44, § 2; modified; T.C.A., § 16-1105; Acts 1982, ch. 564, § 1.
Tenn. Code Ann. § 16-2-103 — TN Code / Title 16 / Chapter 2 / Section 16-2-103
Times of supreme court sessions
Status: in_force

The court shall hold one (1) session each year, as follows: at Knoxville on the second Monday in September; at Nashville on the first Monday in December; and at Jackson on the first Monday in April of each year. Code 1858, § 105; Acts 1877, ch. 4, § 1; Shan., § 134; Code 1932, § 152; T.C.A. (orig. ed.), § 16-203.
The court shall hold one (1) session each year, as follows: at Knoxville on the second Monday in September; at Nashville on the first Monday in December; and at Jackson on the first Monday in April of each year.
Code 1858, § 105; Acts 1877, ch. 4, § 1; Shan., § 134; Code 1932, § 152; T.C.A. (orig. ed.), § 16-203.
Tenn. Code Ann. § 16-4-101 — TN Code / Title 16 / Chapter 4 / Section 16-4-101
Establishment
Status: in_force

There shall be an appellate court composed of twelve (12) judges, styled the court of appeals. Acts 1925, ch. 100, § 1; Shan. Supp., § 6325a1; mod. Code 1932, § 10606; Acts 1978, ch. 836, § 1; T.C.A. (orig. ed.), § 16-401.
There shall be an appellate court composed of twelve (12) judges, styled the court of appeals.
Acts 1925, ch. 100, § 1; Shan. Supp., § 6325a1; mod. Code 1932, § 10606; Acts 1978, ch. 836, § 1; T.C.A. (orig. ed.), § 16-401.
Tenn. Code Ann. § 16-16-121 — TN Code / Title 16 / Chapter 16 / Section 16-16-121
Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution
Status: in_force

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-16-120 , may petition the county or probate court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later. (b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner. (c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning: (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ; (2) The petitioner's mental health records; (3) The petitioner's criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the relief sought. (d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following: (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) Granting the relief would not be contrary to the public interest. (e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means. (f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo. (g) A person may file a petition for relief under this section no more than once every two (2) years. (h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted. (i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall: (1) Immediately forward a copy of the order to the department of safety; (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control. (j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section. Amended by 2024 Tenn. Acts, ch. 784,s 9, eff. 7/1/2024. Added by 2015 Tenn. Acts, ch. 459, s 4, eff. 7/1/2015.
(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-16-120 , may petition the county or probate court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning: (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ; (2) The petitioner's mental health records; (3) The petitioner's criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ;
(2) The petitioner's mental health records;
(3) The petitioner's criminal history;
(4) The petitioner's reputation; and
(5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following: (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) Granting the relief would not be contrary to the public interest.
(1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
(2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall: (1) Immediately forward a copy of the order to the department of safety; (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(1) Immediately forward a copy of the order to the department of safety;
(2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
(3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.
Amended by 2024 Tenn. Acts, ch. 784,s 9, eff. 7/1/2024.
Added by 2015 Tenn. Acts, ch. 459, s 4, eff. 7/1/2015.
Tenn. Code Ann. § 16-2-102 — TN Code / Title 16 / Chapter 2 / Section 16-2-102
Places where supreme court sessions held
Status: in_force

The supreme court for the eastern division is held at Knoxville; for the middle division, at Nashville; and for the western division, at Jackson. In addition to the places where the supreme court is required to be held by the Constitution of Tennessee, it may be held in other places that the chief justice may from time to time designate. Code 1858, § 104; Acts 1867-1868, ch. 76, § 1; 1869-1870, ch. 18, § 1; 1870, ch. 24, § 3; Shan., § 133; Code 1932, § 151; T.C.A. (orig. ed.), § 16-202; Acts 1984, ch. 713, § 1.
The supreme court for the eastern division is held at Knoxville; for the middle division, at Nashville; and for the western division, at Jackson. In addition to the places where the supreme court is required to be held by the Constitution of Tennessee, it may be held in other places that the chief justice may from time to time designate.
Code 1858, § 104; Acts 1867-1868, ch. 76, § 1; 1869-1870, ch. 18, § 1; 1870, ch. 24, § 3; Shan., § 133; Code 1932, § 151; T.C.A. (orig. ed.), § 16-202; Acts 1984, ch. 713, § 1.
Tenn. Code Ann. § 16-16-113 — TN Code / Title 16 / Chapter 16 / Section 16-16-113
Writs of possession
Status: in_force

(a) The county court shall have the same power to issue writs of possession to put the purchaser in possession in all cases that the chancery court has and shall be governed by the same rules. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Acts 1887, ch. 141, § 3; Shan., § 6037; Code 1932, § 10234; T.C.A. (orig. ed.), § 16-715; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) The county court shall have the same power to issue writs of possession to put the purchaser in possession in all cases that the chancery court has and shall be governed by the same rules.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1887, ch. 141, § 3; Shan., § 6037; Code 1932, § 10234; T.C.A. (orig. ed.), § 16-715; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-2-512 — TN Code / Title 16 / Chapter 2 / Section 16-2-512
Recommendations classifying elected additional judges
Status: in_force

(a) Where § 16-2-506 requires the election of an additional judge in a judicial district, the presiding judge of the district shall notify the trial court vacancy commission in writing of the judge's recommendation as to whether the additional judge will be a circuit court judge, criminal court judge, or chancellor and of the part of court the judge or chancellor will serve. The recommendation must be made by January 1 of the year in which the additional judge is to be elected and must be made only after consultation with all other trial level judges in the district, all local bar associations in the district, and any other person or group with an interest in the recommendation. (b) The trial court vacancy commission has thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation stands approved unless rejected by a two-thirds (2/3) vote of the entire commission. No recommendation shall be rejected except following a public hearing of the commission held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation is considered approved. (c) Upon the trial court vacancy commission's approval of a recommendation pursuant to this section, it shall notify the governor of its decision. Upon receiving this recommendation, the governor shall send notice that a vacancy has occurred to the commission and shall fill the vacancy in accordance with title 17, chapter 4, part 3. (d) The administrative director of the courts shall notify the presiding judge of the affected district of the commission's action and shall notify the election commission of each county in the affected district of the type of judge and part of court of the judge to be elected. Upon receiving such information, each election commission shall prepare the ballot to be used in such judicial election accordingly. Amended by 2019 Tenn. Acts, ch. 420,s 7, eff. 5/21/2019. Acts 1984, ch. 931, § 12; 1993, ch. 66, § 18; 1993, ch. 506, § 4; 2001, ch. 268, § 2.
(a) Where § 16-2-506 requires the election of an additional judge in a judicial district, the presiding judge of the district shall notify the trial court vacancy commission in writing of the judge's recommendation as to whether the additional judge will be a circuit court judge, criminal court judge, or chancellor and of the part of court the judge or chancellor will serve. The recommendation must be made by January 1 of the year in which the additional judge is to be elected and must be made only after consultation with all other trial level judges in the district, all local bar associations in the district, and any other person or group with an interest in the recommendation.
(b) The trial court vacancy commission has thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation stands approved unless rejected by a two-thirds (2/3) vote of the entire commission. No recommendation shall be rejected except following a public hearing of the commission held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation is considered approved.
(c) Upon the trial court vacancy commission's approval of a recommendation pursuant to this section, it shall notify the governor of its decision. Upon receiving this recommendation, the governor shall send notice that a vacancy has occurred to the commission and shall fill the vacancy in accordance with title 17, chapter 4, part 3.
(d) The administrative director of the courts shall notify the presiding judge of the affected district of the commission's action and shall notify the election commission of each county in the affected district of the type of judge and part of court of the judge to be elected. Upon receiving such information, each election commission shall prepare the ballot to be used in such judicial election accordingly.
Amended by 2019 Tenn. Acts, ch. 420,s 7, eff. 5/21/2019.
Acts 1984, ch. 931, § 12; 1993, ch. 66, § 18; 1993, ch. 506, § 4; 2001, ch. 268, § 2.
Tenn. Code Ann. § 16-3-908 — TN Code / Title 16 / Chapter 3 / Section 16-3-908
Meetings
Status: in_force

The council shall meet at such times and places as necessary and convenient. Acts 1998, ch. 1067, § 9; 2012, ch. 986, § 11.
The council shall meet at such times and places as necessary and convenient.
Acts 1998, ch. 1067, § 9; 2012, ch. 986, § 11.
Tenn. Code Ann. § 16-5-105 — TN Code / Title 16 / Chapter 5 / Section 16-5-105
Compensation and expenses - Inability of judge to serve - Replacement
Status: in_force

(a) The compensation of the judges of the court of criminal appeals shall be the same as that received by the judges of the court of appeals. (b) The necessary travel expense and per diem allowance incurred by the judges in the performance of their official duties under this part shall be paid and reimbursed by the state in the same manner as authorized for the judges of the supreme court and court of appeals. (c) (1) When a judge of the court of criminal appeals is unable to perform the duties of office on account of absence, sickness, disqualification or other disability, the judge or the clerk of the court shall advise the chief justice of the supreme court of the inability to serve and when so advised, the chief justice may assign a judge of the supreme court, a judge of the court of appeals, a circuit or criminal judge or chancellor or a retired judge of any of those courts to the court of criminal appeals to serve such time as the chief justice may direct, except when it appears to the chief justice that the absence, sickness, disqualification or other disability of a judge of the court of criminal appeals may be protracted, the chief justice shall certify this fact to the governor and the governor shall have the power to commission a person to fill the vacancy during the inability of the judge to serve. (2) The compensation and expense allowance for the appointed judges shall be the same as for regular judges with proper adjustments being made in the compensation of retired judges or judges of trial courts when serving on the court of criminal appeals so that the maximum received by them will not exceed the pay of the regular judges. Acts 1967, ch. 226, § 5; 1968, ch. 414, § 1; T.C.A., § 16-445.
(a) The compensation of the judges of the court of criminal appeals shall be the same as that received by the judges of the court of appeals.
(b) The necessary travel expense and per diem allowance incurred by the judges in the performance of their official duties under this part shall be paid and reimbursed by the state in the same manner as authorized for the judges of the supreme court and court of appeals.
(c) (1) When a judge of the court of criminal appeals is unable to perform the duties of office on account of absence, sickness, disqualification or other disability, the judge or the clerk of the court shall advise the chief justice of the supreme court of the inability to serve and when so advised, the chief justice may assign a judge of the supreme court, a judge of the court of appeals, a circuit or criminal judge or chancellor or a retired judge of any of those courts to the court of criminal appeals to serve such time as the chief justice may direct, except when it appears to the chief justice that the absence, sickness, disqualification or other disability of a judge of the court of criminal appeals may be protracted, the chief justice shall certify this fact to the governor and the governor shall have the power to commission a person to fill the vacancy during the inability of the judge to serve. (2) The compensation and expense allowance for the appointed judges shall be the same as for regular judges with proper adjustments being made in the compensation of retired judges or judges of trial courts when serving on the court of criminal appeals so that the maximum received by them will not exceed the pay of the regular judges.
(1) When a judge of the court of criminal appeals is unable to perform the duties of office on account of absence, sickness, disqualification or other disability, the judge or the clerk of the court shall advise the chief justice of the supreme court of the inability to serve and when so advised, the chief justice may assign a judge of the supreme court, a judge of the court of appeals, a circuit or criminal judge or chancellor or a retired judge of any of those courts to the court of criminal appeals to serve such time as the chief justice may direct, except when it appears to the chief justice that the absence, sickness, disqualification or other disability of a judge of the court of criminal appeals may be protracted, the chief justice shall certify this fact to the governor and the governor shall have the power to commission a person to fill the vacancy during the inability of the judge to serve.
(2) The compensation and expense allowance for the appointed judges shall be the same as for regular judges with proper adjustments being made in the compensation of retired judges or judges of trial courts when serving on the court of criminal appeals so that the maximum received by them will not exceed the pay of the regular judges.
Acts 1967, ch. 226, § 5; 1968, ch. 414, § 1; T.C.A., § 16-445.
Tenn. Code Ann. § 16-2-517 — TN Code / Title 16 / Chapter 2 / Section 16-2-517
Jurisdictions unaffected
Status: in_force

Notwithstanding any provision of this part to the contrary, nothing in this part shall be construed to repeal, amend or affect in any manner any jurisdiction granted to any local court by any public or private law. Acts 1984, ch. 931, § 28.
Notwithstanding any provision of this part to the contrary, nothing in this part shall be construed to repeal, amend or affect in any manner any jurisdiction granted to any local court by any public or private law.
Acts 1984, ch. 931, § 28.
Tenn. Code Ann. § 16-6-102 — TN Code / Title 16 / Chapter 6 / Section 16-6-102
Powers of veterans treatment court program
Status: in_force

A veterans treatment court program shall have the same powers as the court that created it. Any disagreements shall be resolved prior to court and not in front of the participants. Acts 2015, ch. 453, § 4.
A veterans treatment court program shall have the same powers as the court that created it. Any disagreements shall be resolved prior to court and not in front of the participants.
Acts 2015, ch. 453, § 4.
Tenn. Code Ann. § 16-2-501 — TN Code / Title 16 / Chapter 2 / Section 16-2-501
Legislative purpose - Existing courts
Status: in_force

(a) The general assembly expressly declares that its purpose in enacting this part is to reorganize the existing trial court system of this state in such a way that its growth occurs in a logical and orderly manner. It does not have as its purpose the abolition of any court or judicial office. (b) Nothing in this part shall be construed as altering, diminishing or abolishing chancery court or the constitutional and historical distinctions between chancery court and circuit court. Acts 1984, ch. 931, § 1.
(a) The general assembly expressly declares that its purpose in enacting this part is to reorganize the existing trial court system of this state in such a way that its growth occurs in a logical and orderly manner. It does not have as its purpose the abolition of any court or judicial office.
(b) Nothing in this part shall be construed as altering, diminishing or abolishing chancery court or the constitutional and historical distinctions between chancery court and circuit court.
Acts 1984, ch. 931, § 1.
Tenn. Code Ann. § 16-11-103 — TN Code / Title 16 / Chapter 11 / Section 16-11-103
Jurisdiction of equity causes
Status: in_force

The chancery court has exclusive original jurisdiction of all cases of an equitable nature, where the debt or demand exceeds fifty dollars ($50.00), unless otherwise provided by this code. It has no jurisdiction of any debt or demand of less value than fifty dollars ($50.00), unless otherwise specifically provided. Code 1858, §§ 4280, 4281 (deriv. Acts 1801, ch. 6, § 1; 1835-1836, ch. 4, § 1); Shan., §§ 6089, 6090; mod. Code 1932, §§ 10350, 10351; T.C.A. (orig. ed.), § 16-603.
The chancery court has exclusive original jurisdiction of all cases of an equitable nature, where the debt or demand exceeds fifty dollars ($50.00), unless otherwise provided by this code. It has no jurisdiction of any debt or demand of less value than fifty dollars ($50.00), unless otherwise specifically provided.
Code 1858, §§ 4280, 4281 (deriv. Acts 1801, ch. 6, § 1; 1835-1836, ch. 4, § 1); Shan., §§ 6089, 6090; mod. Code 1932, §§ 10350, 10351; T.C.A. (orig. ed.), § 16-603.
Tenn. Code Ann. § 16-15-902 — TN Code / Title 16 / Chapter 15 / Section 16-15-902
Return
Status: in_force

(a) Any person serving the process from the general sessions court shall promptly and within the time during which the person is served must respond, make proof of service to the court and shall identify the person served and shall describe the manner of service. (b) Process shall be served within sixty (60) days of issuance. (c) When process is served by mail, the original warrant, writ or other papers shall be endorsed by manner of service. In addition, an affidavit of the person making service setting forth the personal compliance of this section and the return receipt shall be sent to and filed with the clerk of the court. The person making service in this manner shall endorse over the signature on the original warrant, writ or other papers the date of mailing a certified copy of the warrant, writ or other papers to the defendant and the date of receipt of return receipt from the defendant. If the return receipt is signed by the defendant or any person designated by this section or by statute, service on the defendant is complete. If not, service by mail may be attempted or any other methods authorized by this section or by statute may be used. Acts 2002, ch. 794, § 2; 2008, ch. 608, § 1.
(a) Any person serving the process from the general sessions court shall promptly and within the time during which the person is served must respond, make proof of service to the court and shall identify the person served and shall describe the manner of service.
(b) Process shall be served within sixty (60) days of issuance.
(c) When process is served by mail, the original warrant, writ or other papers shall be endorsed by manner of service. In addition, an affidavit of the person making service setting forth the personal compliance of this section and the return receipt shall be sent to and filed with the clerk of the court. The person making service in this manner shall endorse over the signature on the original warrant, writ or other papers the date of mailing a certified copy of the warrant, writ or other papers to the defendant and the date of receipt of return receipt from the defendant. If the return receipt is signed by the defendant or any person designated by this section or by statute, service on the defendant is complete. If not, service by mail may be attempted or any other methods authorized by this section or by statute may be used.
Acts 2002, ch. 794, § 2; 2008, ch. 608, § 1.
Tenn. Code Ann. § 16-6-105 — TN Code / Title 16 / Chapter 6 / Section 16-6-105
Application for veterans treatment court program grant funds - Use of funds
Status: in_force

(a) A court exercising criminal jurisdiction within this state or an existing veterans treatment court program created by a court exercising criminal jurisdiction may apply for veterans treatment court program grant funds established in § 16-22-109(e)(4) . If the department of mental health and substance abuse services determines that the court is able to administer a veterans treatment court program, then the department shall award the court grant money to fund a veterans treatment court program. (b) If the department determines that a court is able to administer a veterans treatment court program and grant money is awarded pursuant to subsection (a), then the county in which the court operates shall provide a courtroom and a judge for the veterans treatment court program and all necessary supplies and equipment for the maintenance of the court, and shall defray the expenses thereof from the general fund of the county. (c) Funds allocated pursuant to this section may be used to: (1) Fund a full-time or part-time program director position; (2) Fund veterans treatment court program staff whose job duties are directly related to program operations; (3) Fund substance abuse treatment, mental health treatment, and other direct services for veterans treatment court program participants; (4) Fund drug testing; (5) Fund program costs directly related to program operations; and (6) Implement or continue veterans treatment court program operations. Amended by 2024 Tenn. Acts, ch. 897,s 1, eff. 7/1/2024. Acts 2015 , ch. 453, § 7.
(a) A court exercising criminal jurisdiction within this state or an existing veterans treatment court program created by a court exercising criminal jurisdiction may apply for veterans treatment court program grant funds established in § 16-22-109(e)(4) . If the department of mental health and substance abuse services determines that the court is able to administer a veterans treatment court program, then the department shall award the court grant money to fund a veterans treatment court program.
(b) If the department determines that a court is able to administer a veterans treatment court program and grant money is awarded pursuant to subsection (a), then the county in which the court operates shall provide a courtroom and a judge for the veterans treatment court program and all necessary supplies and equipment for the maintenance of the court, and shall defray the expenses thereof from the general fund of the county.
(c) Funds allocated pursuant to this section may be used to: (1) Fund a full-time or part-time program director position; (2) Fund veterans treatment court program staff whose job duties are directly related to program operations; (3) Fund substance abuse treatment, mental health treatment, and other direct services for veterans treatment court program participants; (4) Fund drug testing; (5) Fund program costs directly related to program operations; and (6) Implement or continue veterans treatment court program operations.
(1) Fund a full-time or part-time program director position;
(2) Fund veterans treatment court program staff whose job duties are directly related to program operations;
(3) Fund substance abuse treatment, mental health treatment, and other direct services for veterans treatment court program participants;
(4) Fund drug testing;
(5) Fund program costs directly related to program operations; and
(6) Implement or continue veterans treatment court program operations.
Amended by 2024 Tenn. Acts, ch. 897,s 1, eff. 7/1/2024.
Acts 2015 , ch. 453, § 7.
Tenn. Code Ann. § 16-15-715 — TN Code / Title 16 / Chapter 15 / Section 16-15-715
Court bailiffs
Status: in_force

The sheriff shall, unless otherwise provided, provide sufficient bailiffs to serve the general sessions courts. Acts 1993, ch. 241, § 25.
The sheriff shall, unless otherwise provided, provide sufficient bailiffs to serve the general sessions courts.
Acts 1993, ch. 241, § 25.
Tenn. Code Ann. § 16-2-511 — TN Code / Title 16 / Chapter 2 / Section 16-2-511
Uniform rules of practice - Designation of court by certain types of cases
Status: in_force

Uniform rules of practice may be promulgated in each district by the judges of the district. The rules shall be consistent with the statutory law, the rules of the supreme court and the rules of criminal and civil procedure. The judges within a district may, by rule, designate courts or parts of a court that will be primarily responsible for hearing certain types of cases or cases dealing with certain areas of the law. Not less than thirty (30) days prior to the rules taking effect, copies of the rules shall be published and circulated to the practicing bar and filed with the administrative director of the courts. Acts 1984, ch. 931, § 11; 1993, ch. 66, § 17.
Uniform rules of practice may be promulgated in each district by the judges of the district. The rules shall be consistent with the statutory law, the rules of the supreme court and the rules of criminal and civil procedure. The judges within a district may, by rule, designate courts or parts of a court that will be primarily responsible for hearing certain types of cases or cases dealing with certain areas of the law. Not less than thirty (30) days prior to the rules taking effect, copies of the rules shall be published and circulated to the practicing bar and filed with the administrative director of the courts.
Acts 1984, ch. 931, § 11; 1993, ch. 66, § 17.
Tenn. Code Ann. § 16-21-106 — TN Code / Title 16 / Chapter 21 / Section 16-21-106
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 420, s 18, eff. 5/21/2019. Acts 1943, ch. 130, § 4; C. Supp. 1950, § 738.5 (Williams, §738.8); T.C.A. (orig. ed.), § 16-906; Acts 1982, ch. 751, § 1; 1994, ch. 686, § 1.
Repealed by 2019 Tenn. Acts, ch. 420, s 18, eff. 5/21/2019.
Acts 1943, ch. 130, § 4; C. Supp. 1950, § 738.5 (Williams, §738.8); T.C.A. (orig. ed.), § 16-906; Acts 1982, ch. 751, § 1; 1994, ch. 686, § 1.
Tenn. Code Ann. § 16-15-5008 — TN Code / Title 16 / Chapter 15 / Section 16-15-5008
Additional litigation tax for state
Status: in_force

Effective July 1, 1988, there is imposed a litigation tax, in addition to the tax imposed by § 16-15-5007 of two dollars ($2.00) on each civil case filed in general sessions court or in a court where the general sessions judge serves as judge, and of two dollars ($2.00) on each criminal conviction in general sessions court. The litigation tax imposed by this section shall not apply to cases in juvenile court. Acts 1988, ch. 698, § 6; 1990, ch. 637, § 7.
Effective July 1, 1988, there is imposed a litigation tax, in addition to the tax imposed by § 16-15-5007 of two dollars ($2.00) on each civil case filed in general sessions court or in a court where the general sessions judge serves as judge, and of two dollars ($2.00) on each criminal conviction in general sessions court. The litigation tax imposed by this section shall not apply to cases in juvenile court.
Acts 1988, ch. 698, § 6; 1990, ch. 637, § 7.
Tenn. Code Ann. § 16-5-101 — TN Code / Title 16 / Chapter 5 / Section 16-5-101
Court of criminal appeals established
Status: in_force

There is created and established an appellate court in this state to be designated and styled the court of criminal appeals of Tennessee. Acts 1967, ch. 226, § 1; T.C.A., § 16-441.
There is created and established an appellate court in this state to be designated and styled the court of criminal appeals of Tennessee.
Acts 1967, ch. 226, § 1; T.C.A., § 16-441.
Tenn. Code Ann. § 16-2-104 — TN Code / Title 16 / Chapter 2 / Section 16-2-104
Transfer of supreme court cases between divisions
Status: in_force

The supreme court is empowered to direct the hearing of all of the cases coming to the supreme court from any county, in any division of the state, in any other division of the state; provided, that all appeals, appeals in error, writs of error, petitions for certiorari and all other proceedings for the correction of error arising in the respective divisions shall be taken to Knoxville, Nashville and Jackson, transcripts there filed, and all decrees, orders and judgments shall be entered at Knoxville, Nashville and Jackson; provided, however, that nothing in this section shall be construed to interfere with or dispense with the regular sittings of the supreme court at Knoxville, Nashville and Jackson, for the trial and disposition of the causes in the respective grand divisions of the state, but that this section shall only apply to emergency causes, to causes wherein the general public welfare demands a speedy hearing, to causes involving the title to any public office, or to causes where the parties agree thereto, arising in any grand division, either during vacation or when the court is sitting in some other grand division, or to the consideration and decision of causes which the court, sitting in any grand division, has not had time to decide before adjourning. Acts 1915, ch. 95, § 1; Shan., § 135a1; Code 1932, § 154; Acts 1939, ch. 17, § 1; C. Supp. 1950, § 154; T.C.A. (orig. ed.), § 16-204.
The supreme court is empowered to direct the hearing of all of the cases coming to the supreme court from any county, in any division of the state, in any other division of the state; provided, that all appeals, appeals in error, writs of error, petitions for certiorari and all other proceedings for the correction of error arising in the respective divisions shall be taken to Knoxville, Nashville and Jackson, transcripts there filed, and all decrees, orders and judgments shall be entered at Knoxville, Nashville and Jackson; provided, however, that nothing in this section shall be construed to interfere with or dispense with the regular sittings of the supreme court at Knoxville, Nashville and Jackson, for the trial and disposition of the causes in the respective grand divisions of the state, but that this section shall only apply to emergency causes, to causes wherein the general public welfare demands a speedy hearing, to causes involving the title to any public office, or to causes where the parties agree thereto, arising in any grand division, either during vacation or when the court is sitting in some other grand division, or to the consideration and decision of causes which the court, sitting in any grand division, has not had time to decide before adjourning.
Acts 1915, ch. 95, § 1; Shan., § 135a1; Code 1932, § 154; Acts 1939, ch. 17, § 1; C. Supp. 1950, § 154; T.C.A. (orig. ed.), § 16-204.
Tenn. Code Ann. § 16-21-102 — TN Code / Title 16 / Chapter 21 / Section 16-21-102
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 420, s 14, eff. 5/21/2019. Amended by 2019 Tenn. Acts, ch. 345, s 24, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 48, eff. 4/19/2013. Acts 1943, ch. 130, § 2; 1945, ch. 89, § 2; C. Supp. 1950, § 738.2 (Williams, § 738.6); Acts 1967, ch. 132, § 2; T.C.A. (orig. ed.), § 16-902; Acts 1993, ch. 66, §27; 2003 , ch. 399, § 4.
Repealed by 2019 Tenn. Acts, ch. 420, s 14, eff. 5/21/2019.
Amended by 2019 Tenn. Acts, ch. 345, s 24, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 48, eff. 4/19/2013.
Acts 1943, ch. 130, § 2; 1945, ch. 89, § 2; C. Supp. 1950, § 738.2 (Williams, § 738.6); Acts 1967, ch. 132, § 2; T.C.A. (orig. ed.), § 16-902; Acts 1993, ch. 66, §27; 2003 , ch. 399, § 4.
Tenn. Code Ann. § 16-15-903 — TN Code / Title 16 / Chapter 15 / Section 16-15-903
Service upon defendants in this state
Status: in_force

The plaintiff shall after issuance by the clerk of the general sessions court furnish the persons making the service with all necessary copies. Service shall be made as follows: (1) Upon an individual other than an unmarried infant incompetent person, by delivering a copy of the warrant, writ or other papers to the individual personally, or if the individual evades or attempts to evade service, by leaving copies of the warrant, writ or other papers at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing in the dwelling house or usual place of abode, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served; (2) Upon an unmarried infant or an incompetent person, by delivering a copy of the warrant, writ or other papers to the person's residence guardian or conservator if there is one known to the plaintiff, by delivering the copies to the individual's parent having custody within this state; or if no such parent is within this state, then by delivering the copies to the person within this state having control of the individual. If none of the persons defined and enumerated in this subdivision (2) exists, the court shall appoint a practicing attorney as guardian ad litem to whom the copies shall be delivered. If any of the persons directed by this subdivision (2) to be served is a plaintiff, then the person who is not a plaintiff who stands next in the order named in this subdivision (2) shall be served. In addition to the service provided in this subdivision (2), service shall also be made on an unmarried minor who is fourteen (14) years of age or more and who is not otherwise incompetent; (3) Upon a partnership or unincorporated association, including a limited liability company, that is named defendant under a common name, by delivering a copy of the warrant, writ or other papers to a partner or managing agent of the partnership, to an officer or managing agent of the association or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association; (4) Upon a domestic corporation or a foreign corporation doing business in this state, by delivering a copy of the warrant, writ or other papers to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought, or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation; (5) Upon a nonresident individual who transacts business through an office or agency in this state, or a resident individual who transacts business through an office or agency in a county other than the county in which the resident individual resides, in any action growing out of or connected with the business of that office or agency, by delivering a copy of the warrant, writ or other papers to the person in charge of the office or agency; (6) Upon the state of Tennessee or any agency of the state, by delivering a copy of the warrant, writ or other papers to the attorney general of the state or to any assistant attorney general and reporter; (7) Upon a county, by delivering a copy of the warrant, writ or other papers to the county mayor, or if absent from the county, to the county attorney if there is one designated; if not, by delivering the copies to the county court clerk; (8) Upon a municipality, by delivering a copy of the warrant, writ or other papers to the chief executive officer or to the city attorney; (9) Upon any governmental or any quasi-government entity, by delivering a copy of the warrant, writ or other papers to any officer or managing agent of the entity; and (10) Service by mail of a warrant, writ, or other papers upon a defendant may be made by the plaintiff, the plaintiff's attorney, or by any person authorized by statute. After the complaint, warrant, writ, or other papers are filed, the clerk shall, upon request, furnish the original warrant, writ, or other papers, a certified copy of the original warrant, writ, or other paper, and a copy of the filed warrant, writ, or other papers to the plaintiff, the plaintiff's attorney, or other authorized person for service by mail. Such person shall send, postage prepaid, a certified copy of the warrant, writ, or other papers by registered return receipt or certified return receipt mail to the defendant. The original warrant, writ, or other papers shall be used for return of service of process. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains a return receipt showing personal acceptance by the defendant or by persons designated by this section. If the defendant is a domestic corporation, or a foreign corporation authorized to conduct business in this state, a refusal to accept delivery shall be the basis for a default judgment only where the request for default is accompanied by evidence from the Tennessee secretary of state showing that the moving party made the certified mail service with the correct entity name and the correct name and address for the registered agent authorized by law to receive service of process. If service by mail is unsuccessful, it may be attempted again or other methods authorized by this title or by statute may be used. Amended by 2018 Tenn. Acts, ch. 806,s 1, eff. 7/1/2018. Acts 2002, ch. 794, § 2; 2003, ch. 90, § 2.
The plaintiff shall after issuance by the clerk of the general sessions court furnish the persons making the service with all necessary copies. Service shall be made as follows:
(1) Upon an individual other than an unmarried infant incompetent person, by delivering a copy of the warrant, writ or other papers to the individual personally, or if the individual evades or attempts to evade service, by leaving copies of the warrant, writ or other papers at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing in the dwelling house or usual place of abode, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served;
(2) Upon an unmarried infant or an incompetent person, by delivering a copy of the warrant, writ or other papers to the person's residence guardian or conservator if there is one known to the plaintiff, by delivering the copies to the individual's parent having custody within this state; or if no such parent is within this state, then by delivering the copies to the person within this state having control of the individual. If none of the persons defined and enumerated in this subdivision (2) exists, the court shall appoint a practicing attorney as guardian ad litem to whom the copies shall be delivered. If any of the persons directed by this subdivision (2) to be served is a plaintiff, then the person who is not a plaintiff who stands next in the order named in this subdivision (2) shall be served. In addition to the service provided in this subdivision (2), service shall also be made on an unmarried minor who is fourteen (14) years of age or more and who is not otherwise incompetent;
(3) Upon a partnership or unincorporated association, including a limited liability company, that is named defendant under a common name, by delivering a copy of the warrant, writ or other papers to a partner or managing agent of the partnership, to an officer or managing agent of the association or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association;
(4) Upon a domestic corporation or a foreign corporation doing business in this state, by delivering a copy of the warrant, writ or other papers to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought, or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation;
(5) Upon a nonresident individual who transacts business through an office or agency in this state, or a resident individual who transacts business through an office or agency in a county other than the county in which the resident individual resides, in any action growing out of or connected with the business of that office or agency, by delivering a copy of the warrant, writ or other papers to the person in charge of the office or agency;
(6) Upon the state of Tennessee or any agency of the state, by delivering a copy of the warrant, writ or other papers to the attorney general of the state or to any assistant attorney general and reporter;
(7) Upon a county, by delivering a copy of the warrant, writ or other papers to the county mayor, or if absent from the county, to the county attorney if there is one designated; if not, by delivering the copies to the county court clerk;
(8) Upon a municipality, by delivering a copy of the warrant, writ or other papers to the chief executive officer or to the city attorney;
(9) Upon any governmental or any quasi-government entity, by delivering a copy of the warrant, writ or other papers to any officer or managing agent of the entity; and
(10) Service by mail of a warrant, writ, or other papers upon a defendant may be made by the plaintiff, the plaintiff's attorney, or by any person authorized by statute. After the complaint, warrant, writ, or other papers are filed, the clerk shall, upon request, furnish the original warrant, writ, or other papers, a certified copy of the original warrant, writ, or other paper, and a copy of the filed warrant, writ, or other papers to the plaintiff, the plaintiff's attorney, or other authorized person for service by mail. Such person shall send, postage prepaid, a certified copy of the warrant, writ, or other papers by registered return receipt or certified return receipt mail to the defendant. The original warrant, writ, or other papers shall be used for return of service of process. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains a return receipt showing personal acceptance by the defendant or by persons designated by this section. If the defendant is a domestic corporation, or a foreign corporation authorized to conduct business in this state, a refusal to accept delivery shall be the basis for a default judgment only where the request for default is accompanied by evidence from the Tennessee secretary of state showing that the moving party made the certified mail service with the correct entity name and the correct name and address for the registered agent authorized by law to receive service of process. If service by mail is unsuccessful, it may be attempted again or other methods authorized by this title or by statute may be used.
Amended by 2018 Tenn. Acts, ch. 806,s 1, eff. 7/1/2018.
Acts 2002, ch. 794, § 2; 2003, ch. 90, § 2.
Tenn. Code Ann. § 16-15-502 — TN Code / Title 16 / Chapter 15 / Section 16-15-502
Actions to recover personal property
Status: in_force

Actions to recover personal property may be conducted in general sessions courts, as prescribed in [former] § 29-30-211 [repealed], and §§ 29-30-212 - 29-30-217. Code 1858, § 4172; Shan., § 5984; Code 1932, § 10185; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-302; Acts 1989, ch. 20, § 3.
Actions to recover personal property may be conducted in general sessions courts, as prescribed in [former] § 29-30-211 [repealed], and §§ 29-30-212 - 29-30-217.
Code 1858, § 4172; Shan., § 5984; Code 1932, § 10185; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-302; Acts 1989, ch. 20, § 3.
Tenn. Code Ann. § 16-15-721 — TN Code / Title 16 / Chapter 15 / Section 16-15-721
Rules of evidence - Application
Status: in_force

Unless specifically provided otherwise, the Tennessee rules of evidence shall be fully applicable in general sessions courts. Acts 1993, ch. 241, § 25.
Unless specifically provided otherwise, the Tennessee rules of evidence shall be fully applicable in general sessions courts.
Acts 1993, ch. 241, § 25.
Tenn. Code Ann. § 16-10-103 — TN Code / Title 16 / Chapter 10 / Section 16-10-103
Will contests
Status: in_force

The circuit court has jurisdiction to try and determine all issues made up to contest the validity of last wills and testaments. Code 1858, § 4227 (deriv. Acts 1835-1836, ch. 5, § 9); Shan., § 6065; Code 1932, § 10320; T.C.A. (orig. ed.), § 16-503; Acts 1991, ch. 152, § 1.
The circuit court has jurisdiction to try and determine all issues made up to contest the validity of last wills and testaments.
Code 1858, § 4227 (deriv. Acts 1835-1836, ch. 5, § 9); Shan., § 6065; Code 1932, § 10320; T.C.A. (orig. ed.), § 16-503; Acts 1991, ch. 152, § 1.
Tenn. Code Ann. § 16-15-807 — TN Code / Title 16 / Chapter 15 / Section 16-15-807
Priority of time
Status: in_force

When an execution issued from the judgment of a court of record, and an execution from a general sessions court's judgment, are levied on the same personal property, the execution first levied shall have preference. Code 1858, § 3078 (deriv. Acts 1845-1846, ch. 72); Shan., § 4806; Code 1932, § 8937; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-618; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-107.
When an execution issued from the judgment of a court of record, and an execution from a general sessions court's judgment, are levied on the same personal property, the execution first levied shall have preference.
Code 1858, § 3078 (deriv. Acts 1845-1846, ch. 72); Shan., § 4806; Code 1932, § 8937; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-618; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-107.
Tenn. Code Ann. § 16-3-102 — TN Code / Title 16 / Chapter 3 / Section 16-3-102
Chief justice
Status: in_force

After their election and qualification, the judges shall designate one (1) of their number who shall preside as chief justice. Acts 1870, ch. 24, § 11; Shan., § 376; Code 1932, § 633; T.C.A. (orig. ed.), § 16-302.
After their election and qualification, the judges shall designate one (1) of their number who shall preside as chief justice.
Acts 1870, ch. 24, § 11; Shan., § 376; Code 1932, § 633; T.C.A. (orig. ed.), § 16-302.
Tenn. Code Ann. § 16-10-212 — TN Code / Title 16 / Chapter 10 / Section 16-10-212
Money paid into court - Power of disposition
Status: in_force

When money is paid into the circuit or law courts of this state to satisfy judgments rendered in the circuit or law court, or money is paid into the circuit or law courts by reason of other proceedings had in the courts, and the money belongs to or is the property of minors, life tenants, beneficiaries of the remainder interests or contingent beneficiaries of the remainder interests or persons adjudicated incompetent, the courts are vested with powers to dispose of or to enter such orders in regard to the money as courts of chancery now have. Nothing in this section shall be construed as to deprive the chancery courts of their jurisdiction in regard to such matters. Acts 1955, ch. 140, § 1; T.C.A., § 16-526; Acts 2011, ch. 47, § 12.
When money is paid into the circuit or law courts of this state to satisfy judgments rendered in the circuit or law court, or money is paid into the circuit or law courts by reason of other proceedings had in the courts, and the money belongs to or is the property of minors, life tenants, beneficiaries of the remainder interests or contingent beneficiaries of the remainder interests or persons adjudicated incompetent, the courts are vested with powers to dispose of or to enter such orders in regard to the money as courts of chancery now have. Nothing in this section shall be construed as to deprive the chancery courts of their jurisdiction in regard to such matters.
Acts 1955, ch. 140, § 1; T.C.A., § 16-526; Acts 2011, ch. 47, § 12.
Tenn. Code Ann. § 16-2-101 — TN Code / Title 16 / Chapter 2 / Section 16-2-101
Grand divisions - Appeals from Marion County
Status: in_force

(a) For the administration of justice in the supreme court, the court of appeals and the court of criminal appeals, the state is divided into the three (3) grand divisions described in §§ 4-1-201 - 4-1-204. (b) All appeals, writs of error and appeals in the nature of a writ of error from the chancery and circuit courts of Marion County shall be granted to and heard by the supreme court, the court of appeals and the court of criminal appeals, within their respective jurisdictions, sitting at Nashville. Code 1858, § 100 (deriv. Acts 1835-1836, ch. 3, § 8); Shan., § 129; Acts 1923, ch. 70; Code 1932, § 147; Acts 1941, ch. 17, § 1; C. Supp. 1950, §§ 147, 148; impl. am. Acts 1967, ch. 226, § 1; modified; T.C.A. (orig. ed.), § 16-201.
(a) For the administration of justice in the supreme court, the court of appeals and the court of criminal appeals, the state is divided into the three (3) grand divisions described in §§ 4-1-201 - 4-1-204.
(b) All appeals, writs of error and appeals in the nature of a writ of error from the chancery and circuit courts of Marion County shall be granted to and heard by the supreme court, the court of appeals and the court of criminal appeals, within their respective jurisdictions, sitting at Nashville.
Code 1858, § 100 (deriv. Acts 1835-1836, ch. 3, § 8); Shan., § 129; Acts 1923, ch. 70; Code 1932, § 147; Acts 1941, ch. 17, § 1; C. Supp. 1950, §§ 147, 148; impl. am. Acts 1967, ch. 226, § 1; modified; T.C.A. (orig. ed.), § 16-201.
Tenn. Code Ann. § 16-1-102 — TN Code / Title 16 / Chapter 1 / Section 16-1-102
Powers of court
Status: in_force

Every court has the power to: (1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings; (2) Enforce order before a person or body acting under its authority; (3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court; (4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding; (5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and (6) Control its process and orders. Code 1858, § 4099; Shan., § 5911; mod. Code 1932, § 10110; T.C.A. (orig. ed.), § 16-102.
Every court has the power to:
(1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings;
(2) Enforce order before a person or body acting under its authority;
(3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court;
(4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding;
(5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and
(6) Control its process and orders.
Code 1858, § 4099; Shan., § 5911; mod. Code 1932, § 10110; T.C.A. (orig. ed.), § 16-102.
Tenn. Code Ann. § 16-3-701 — TN Code / Title 16 / Chapter 3 / Section 16-3-701
Commission to control supreme court building at Nashville
Status: in_force

There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with authority and jurisdiction to supervise and control the supreme court building at Nashville, to employ all necessary assistants and help for the building, and to make necessary contracts therefor. Acts 1953, ch. 138, § 1 (Williams, § 1032.3); 1965, ch. 184, § 1; 1975, ch. 73, § 1; T.C.A. (orig. ed.), § 16-324; Acts 1984, ch. 833, § 1; 1993, ch. 66, § 20; 1994, ch. 897, § 3.
There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with authority and jurisdiction to supervise and control the supreme court building at Nashville, to employ all necessary assistants and help for the building, and to make necessary contracts therefor.
Acts 1953, ch. 138, § 1 (Williams, § 1032.3); 1965, ch. 184, § 1; 1975, ch. 73, § 1; T.C.A. (orig. ed.), § 16-324; Acts 1984, ch. 833, § 1; 1993, ch. 66, § 20; 1994, ch. 897, § 3.
Tenn. Code Ann. § 16-15-5006 — TN Code / Title 16 / Chapter 15 / Section 16-15-5006
Financial responsibility of counties - Litigation tax for counties
Status: in_force

(a) Each county shall be responsible for paying the base salary, any supplements and any annual adjustments for all of the general sessions judges in the county. Counties are authorized to impose a local litigation tax on each civil case filed in general sessions court, or in a court where the general sessions judge serves as judge, except juvenile court, and are authorized to impose a local litigation tax on each criminal conviction in general sessions court. In order for the tax to be effective, it must be approved by a two-thirds (2/3) vote of the county legislative body of any county wishing to impose it. Its approval by the county legislative body must be proclaimed by the presiding officer of the body and certified by the presiding officer to the secretary of state. The litigation tax authorized by this section may be effective on or after July 1, 1990, and may be in any amount up to six dollars ($6.00) per case. Proceeds of the litigation tax shall be paid to the county general fund. It is the intent of the general assembly that the proceeds of this local tax aid in defraying the cost to counties of paying the general sessions court judges. If, during any fiscal year, the amount of revenue generated by the local tax enacted pursuant to this section does not sufficiently fund the increase in the general sessions judge's compensation mandated by this part or the salary supplement as provided for under [former] § 16-15-205(d)(2) [repealed], the local litigation tax may be raised to an amount more than six dollars ($6.00) necessary to fund the increase mandated by this part or the salary supplement as provided for under [former] § 16-15-205(d)(2) [repealed]; provided, that any increase to fund the supplement shall be adjusted annually. (b) Any increase in expenditures by a county resulting from the increase provided by this part shall be appropriated from funds that the county receives from the state government that are not earmarked by statute for a particular purpose. Amended by 2015 Tenn. Acts, ch. 223, s 1, eff. 4/20/2015. Acts 1988, ch. 698, § 7; 1990, ch. 637, § 5; 1997 , ch. 556, § 1; 2004, ch. 684, § 1.
(a) Each county shall be responsible for paying the base salary, any supplements and any annual adjustments for all of the general sessions judges in the county. Counties are authorized to impose a local litigation tax on each civil case filed in general sessions court, or in a court where the general sessions judge serves as judge, except juvenile court, and are authorized to impose a local litigation tax on each criminal conviction in general sessions court. In order for the tax to be effective, it must be approved by a two-thirds (2/3) vote of the county legislative body of any county wishing to impose it. Its approval by the county legislative body must be proclaimed by the presiding officer of the body and certified by the presiding officer to the secretary of state. The litigation tax authorized by this section may be effective on or after July 1, 1990, and may be in any amount up to six dollars ($6.00) per case. Proceeds of the litigation tax shall be paid to the county general fund. It is the intent of the general assembly that the proceeds of this local tax aid in defraying the cost to counties of paying the general sessions court judges. If, during any fiscal year, the amount of revenue generated by the local tax enacted pursuant to this section does not sufficiently fund the increase in the general sessions judge's compensation mandated by this part or the salary supplement as provided for under [former] § 16-15-205(d)(2) [repealed], the local litigation tax may be raised to an amount more than six dollars ($6.00) necessary to fund the increase mandated by this part or the salary supplement as provided for under [former] § 16-15-205(d)(2) [repealed]; provided, that any increase to fund the supplement shall be adjusted annually.
(b) Any increase in expenditures by a county resulting from the increase provided by this part shall be appropriated from funds that the county receives from the state government that are not earmarked by statute for a particular purpose.
Amended by 2015 Tenn. Acts, ch. 223, s 1, eff. 4/20/2015.
Acts 1988, ch. 698, § 7; 1990, ch. 637, § 5; 1997 , ch. 556, § 1; 2004, ch. 684, § 1.
Tenn. Code Ann. § 16-15-712 — TN Code / Title 16 / Chapter 15 / Section 16-15-712
Enforcement of judgments - Examination of judgment debtor and others
Status: in_force

In all courts exercising general sessions jurisdiction, the procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the statutes of this state and with the general practice followed in the courts of this state. In aid of the judgment or execution, however, the judgment creditor, or the judgment creditor's successor in interest when that interest appears of record, may examine any person, including the judgment debtor, by subpoenaing the person to court, or by conducting discovery in any manner provided by the Tennessee rules of civil procedure. Acts 1978, ch. 589, § 1; T.C.A., § 16-1137; Acts 1999, ch. 277, § 1.
In all courts exercising general sessions jurisdiction, the procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the statutes of this state and with the general practice followed in the courts of this state. In aid of the judgment or execution, however, the judgment creditor, or the judgment creditor's successor in interest when that interest appears of record, may examine any person, including the judgment debtor, by subpoenaing the person to court, or by conducting discovery in any manner provided by the Tennessee rules of civil procedure.
Acts 1978, ch. 589, § 1; T.C.A., § 16-1137; Acts 1999, ch. 277, § 1.
Tenn. Code Ann. § 16-1-114 — TN Code / Title 16 / Chapter 1 / Section 16-1-114
Immunity for judges sitting specially or by interchange
Status: in_force

Any judge or lawyer sitting specially under § 16-15-209 or § 17-2-208 or by interchange shall have the same immunity as the judge for whom the judge or lawyer is sitting, and the state or county that would provide the defense for the judge for whom the lawyer or judge is sitting shall be required to provide the defense for the substitute judge. Acts 1997, ch. 473, § 1.
Any judge or lawyer sitting specially under § 16-15-209 or § 17-2-208 or by interchange shall have the same immunity as the judge for whom the judge or lawyer is sitting, and the state or county that would provide the defense for the judge for whom the lawyer or judge is sitting shall be required to provide the defense for the substitute judge.
Acts 1997, ch. 473, § 1.
Tenn. Code Ann. § 16-1-111 — TN Code / Title 16 / Chapter 1 / Section 16-1-111
Use of papers filed in federal courts
Status: in_force

In all cases that have been removed from the courts of the state to the federal courts, and that have been afterward remanded to the state courts, the pleadings, depositions and proofs that have been filed in the federal court during its pendency there shall be used as if the pleadings, depositions and proofs had been originally filed in the state court. In cases where the original depositions, pleadings and proofs cannot be obtained from the federal court for use in the state court, then certified copies of the original depositions, pleadings and proofs may be obtained from the federal court, for use in the state court, instead of the originals. Acts 1903, ch. 17, §§ 1, 2; Shan., §§ 5917a1, 5917a2; mod. Code 1932, §§ 10117, 10118; T.C.A. (orig. ed.), § 16-111.
In all cases that have been removed from the courts of the state to the federal courts, and that have been afterward remanded to the state courts, the pleadings, depositions and proofs that have been filed in the federal court during its pendency there shall be used as if the pleadings, depositions and proofs had been originally filed in the state court. In cases where the original depositions, pleadings and proofs cannot be obtained from the federal court for use in the state court, then certified copies of the original depositions, pleadings and proofs may be obtained from the federal court, for use in the state court, instead of the originals.
Acts 1903, ch. 17, §§ 1, 2; Shan., §§ 5917a1, 5917a2; mod. Code 1932, §§ 10117, 10118; T.C.A. (orig. ed.), § 16-111.
Tenn. Code Ann. § 16-3-817 — TN Code / Title 16 / Chapter 3 / Section 16-3-817
Goals of the integrated criminal justice system
Status: in_force

Any integrated criminal justice system developed through the facilitation of the committee shall: (1) Increase public safety and improve national security; (2) Minimize the threat and risk of injury to specific individuals; (3) Minimize the threat and risk of injury to law enforcement and other first responder personnel; (4) Minimize the threat and risk of damage to real or personal property; (5) Protect individual civil rights, civil liberties, privacy rights and other protected interests; (6) Protect the integrity of the criminal investigatory, criminal intelligence and justice system processes and information; (7) Minimize reluctance of individuals or groups to use or cooperate with the justice system; (8) Support the role of the justice system in society; (9) Promote governmental legitimacy and accountability; (10) Not unduly burden the ongoing business of the justice system; and (11) Make the most effective use of public resources allocated to justice agencies. Acts 2006, ch. 917, § 1.
Any integrated criminal justice system developed through the facilitation of the committee shall:
(1) Increase public safety and improve national security;
(2) Minimize the threat and risk of injury to specific individuals;
(3) Minimize the threat and risk of injury to law enforcement and other first responder personnel;
(4) Minimize the threat and risk of damage to real or personal property;
(5) Protect individual civil rights, civil liberties, privacy rights and other protected interests;
(6) Protect the integrity of the criminal investigatory, criminal intelligence and justice system processes and information;
(7) Minimize reluctance of individuals or groups to use or cooperate with the justice system;
(8) Support the role of the justice system in society;
(9) Promote governmental legitimacy and accountability;
(10) Not unduly burden the ongoing business of the justice system; and
(11) Make the most effective use of public resources allocated to justice agencies.
Acts 2006, ch. 917, § 1.
Tenn. Code Ann. § 16-15-725 — TN Code / Title 16 / Chapter 15 / Section 16-15-725
Judgment for defendant on setoff
Status: in_force

(a) If the defendant pleads a setoff to the plaintiff's debt, and it appears that there is a balance due in favor of the defendant, the general sessions court shall enter up judgment in favor of the defendant and against the plaintiff for the balance. If the plaintiff fails in establishing any demand against the defendant, the defendant shall have a judgment against the plaintiff for the amount that the proof upon the defendant's cross action shows that the defendant is entitled to, with costs. (b) If the residue upon the defendant's setoff, after satisfying the plaintiff's debt, exceeds the court's jurisdiction, the defendant may enter on the court's docket a satisfaction of so much of the defendant's claim as the amount of the plaintiff's demand, as ascertained by the court, and tender the plaintiff a receipt for the amount thus setoff, in which case judgment shall be rendered in favor of the defendant for costs. Code 1858, §§ 4160, 4162 (deriv. Acts 1815, ch. 53, § 1); Acts 1879, ch. 222, § 1; Shan., §§ 5973, 5975; Code 1932, §§ 10174, 10176; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 19-417, 19-419; Acts 1993, ch. 241, § 41; T.C.A., § 19-1-113.
(a) If the defendant pleads a setoff to the plaintiff's debt, and it appears that there is a balance due in favor of the defendant, the general sessions court shall enter up judgment in favor of the defendant and against the plaintiff for the balance. If the plaintiff fails in establishing any demand against the defendant, the defendant shall have a judgment against the plaintiff for the amount that the proof upon the defendant's cross action shows that the defendant is entitled to, with costs.
(b) If the residue upon the defendant's setoff, after satisfying the plaintiff's debt, exceeds the court's jurisdiction, the defendant may enter on the court's docket a satisfaction of so much of the defendant's claim as the amount of the plaintiff's demand, as ascertained by the court, and tender the plaintiff a receipt for the amount thus setoff, in which case judgment shall be rendered in favor of the defendant for costs.
Code 1858, §§ 4160, 4162 (deriv. Acts 1815, ch. 53, § 1); Acts 1879, ch. 222, § 1; Shan., §§ 5973, 5975; Code 1932, §§ 10174, 10176; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 19-417, 19-419; Acts 1993, ch. 241, § 41; T.C.A., § 19-1-113.
Tenn. Code Ann. § 16-22-110 — TN Code / Title 16 / Chapter 22 / Section 16-22-110
Administration and disbursement of fees
Status: in_force

The assessment collected and remitted to the state shall be placed in a drug court treatment program resources fund for the purposes of funding drug court treatment program administration and the grant awards as provided in §§ 16-22-105 and 16-22-106 . The office of criminal justice programs shall administer the money in the drug court treatment program resources fund. Any unspent money shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each year, but shall remain deposited to the credit of the drug court treatment program resources fund for future allocation. Acts 2003, ch. 335, § 1.
The assessment collected and remitted to the state shall be placed in a drug court treatment program resources fund for the purposes of funding drug court treatment program administration and the grant awards as provided in §§ 16-22-105 and 16-22-106 . The office of criminal justice programs shall administer the money in the drug court treatment program resources fund. Any unspent money shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each year, but shall remain deposited to the credit of the drug court treatment program resources fund for future allocation.
Acts 2003, ch. 335, § 1.
Tenn. Code Ann. § 16-3-808 — TN Code / Title 16 / Chapter 3 / Section 16-3-808
Funds for civil legal representation of indigents
Status: in_force

(a) The state treasurer is authorized and directed to establish within the general fund a fund known as the civil legal representation of indigents fund. (b) The source of funding for this fund shall be the revenue derived from the litigation tax levied pursuant to § 67-4-602(g) . The revenue shall be collected in accordance with § 67-4-603 , deposited to the civil legal representation of indigents fund as provided by law, and invested for the benefit of the fund pursuant to § 9-4-603 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and are appropriated exclusively for providing legal representation of poor persons in civil matters. (c) Moneys in the civil legal representation of indigents fund shall be annually allocated and expended to provide legal representation to poor persons in the state in civil matters in the manner determined by the supreme court, including in accordance with any rules and policies adopted by the supreme court for such purpose; provided, that no moneys allocated from this fund shall be expended for class-action lawsuits. The supreme court may designate not-for-profit organizations that ordinarily render or finance legal services to poor persons in civil matters to receive or administer the distribution of allocated funds. The supreme court shall make a conscious effort in the allocation of funds and in the adoption of any implementing rules and policies to cause the moneys in the civil legal representation of indigents fund to be expended for the benefit of indigent clients in all ninety-five (95) counties of the state on a poverty population basis. (d) The administrative office of the courts shall appoint a five-member advisory panel to facilitate communication and joint activities among grantees of the civil legal representation of indigents fund. The administrative office of the courts shall appoint panel members as follows: (1) One (1) member shall be appointed from lists of nominees submitted by bar associations whose membership primarily consists of minority attorneys; (2) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Bar Association; (3) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Trial Lawyers Association; (4) One (1) member shall be appointed from a list of nominees submitted by the Tennessee conference on social welfare; and (5) One (1) member shall be appointed from a list of nominees submitted by the state court clerks conference. Acts 1995, ch. 550, § 2; 1999, ch. 502, § 3.
(a) The state treasurer is authorized and directed to establish within the general fund a fund known as the civil legal representation of indigents fund.
(b) The source of funding for this fund shall be the revenue derived from the litigation tax levied pursuant to § 67-4-602(g) . The revenue shall be collected in accordance with § 67-4-603 , deposited to the civil legal representation of indigents fund as provided by law, and invested for the benefit of the fund pursuant to § 9-4-603 . Moneys in the fund shall not revert to the general fund of the state, but shall remain available and are appropriated exclusively for providing legal representation of poor persons in civil matters.
(c) Moneys in the civil legal representation of indigents fund shall be annually allocated and expended to provide legal representation to poor persons in the state in civil matters in the manner determined by the supreme court, including in accordance with any rules and policies adopted by the supreme court for such purpose; provided, that no moneys allocated from this fund shall be expended for class-action lawsuits. The supreme court may designate not-for-profit organizations that ordinarily render or finance legal services to poor persons in civil matters to receive or administer the distribution of allocated funds. The supreme court shall make a conscious effort in the allocation of funds and in the adoption of any implementing rules and policies to cause the moneys in the civil legal representation of indigents fund to be expended for the benefit of indigent clients in all ninety-five (95) counties of the state on a poverty population basis.
(d) The administrative office of the courts shall appoint a five-member advisory panel to facilitate communication and joint activities among grantees of the civil legal representation of indigents fund. The administrative office of the courts shall appoint panel members as follows: (1) One (1) member shall be appointed from lists of nominees submitted by bar associations whose membership primarily consists of minority attorneys; (2) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Bar Association; (3) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Trial Lawyers Association; (4) One (1) member shall be appointed from a list of nominees submitted by the Tennessee conference on social welfare; and (5) One (1) member shall be appointed from a list of nominees submitted by the state court clerks conference.
(1) One (1) member shall be appointed from lists of nominees submitted by bar associations whose membership primarily consists of minority attorneys;
(2) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Bar Association;
(3) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Trial Lawyers Association;
(4) One (1) member shall be appointed from a list of nominees submitted by the Tennessee conference on social welfare; and
(5) One (1) member shall be appointed from a list of nominees submitted by the state court clerks conference.
Acts 1995, ch. 550, § 2; 1999, ch. 502, § 3.
Tenn. Code Ann. § 16-15-713 — TN Code / Title 16 / Chapter 15 / Section 16-15-713
Attachments and contempts
Status: in_force

(a) Notwithstanding any provision of the law or private act to the contrary, courts of general sessions have the power to issue attachments and inflict punishments for contempts of court. The punishments for contempts shall be limited to: (1) A fine not exceeding fifty dollars ($50.00) and imprisonment not exceeding ten (10) days if the judge of the general sessions court is licensed to practice law; and (2) A fine not exceeding fifty dollars ($50.00) if the judge of the general sessions court is not licensed to practice law. (b) Courts of general sessions have the power to punish for contempt persons who fail to appear for traffic violations. Acts 1985, ch. 324, § 2; 1986, ch. 484, § 1; 1987, ch. 12, § 1; 1987, ch. 34, § 1; 1988, ch. 656, § 1; 1990, ch. 647, §§ 1, 2; 1991, ch. 410, § 1; 1992, ch. 804, § 2; 1998, ch. 682, § 9.
(a) Notwithstanding any provision of the law or private act to the contrary, courts of general sessions have the power to issue attachments and inflict punishments for contempts of court. The punishments for contempts shall be limited to: (1) A fine not exceeding fifty dollars ($50.00) and imprisonment not exceeding ten (10) days if the judge of the general sessions court is licensed to practice law; and (2) A fine not exceeding fifty dollars ($50.00) if the judge of the general sessions court is not licensed to practice law.
(1) A fine not exceeding fifty dollars ($50.00) and imprisonment not exceeding ten (10) days if the judge of the general sessions court is licensed to practice law; and
(2) A fine not exceeding fifty dollars ($50.00) if the judge of the general sessions court is not licensed to practice law.
(b) Courts of general sessions have the power to punish for contempt persons who fail to appear for traffic violations.
Acts 1985, ch. 324, § 2; 1986, ch. 484, § 1; 1987, ch. 12, § 1; 1987, ch. 34, § 1; 1988, ch. 656, § 1; 1990, ch. 647, §§ 1, 2; 1991, ch. 410, § 1; 1992, ch. 804, § 2; 1998, ch. 682, § 9.
Tenn. Code Ann. § 16-2-509 — TN Code / Title 16 / Chapter 2 / Section 16-2-509
Presiding judges
Status: in_force

(a) The judges in each judicial district shall assemble for the purpose of selecting a presiding judge of the district. In August of each year, the judges within each district shall assemble at the call of the presiding judge and select a successor to such presiding judge who shall serve until September 1 of the following year. If upon any selection date the judges in any district fail to choose or are unable to agree upon the selection of a presiding judge, the chief justice of the supreme court shall designate one (1) of their number to serve. (b) It is the duty of the presiding judge to: (1) Reduce docket delays and hold congestion to a minimum; (2) Seek and maintain an equitable distribution of the workload and an equal sharing of the bench and chambers time necessary to dispose of the business of the district; (3) Promote the orderly and efficient administration of justice within the district; and (4) Take immediate and affirmative action to correct or alleviate any caseload imbalance, or any condition adversely affecting the administration of justice within the district over which the judge presides. (c) To effectuate the duties enumerated in subsection (b), the presiding judge may assign cases to judges and chancellors within the district over which the judge presides. In assigning cases, the presiding judge shall, whenever possible and not detrimental to the orderly and efficient administration of justice, give due regard to the court upon which the judge or chancellor serves, the judge's or chancellor's particular background, experience and preference and economy of judicial travel time. (d) If a presiding judge is unable to correct a caseload imbalance or reduce docket delays utilizing the available judges within the district over which the judge presides, it is the affirmative duty of the presiding judge to contact other presiding judges and request assistance or contact the supreme court and request assistance pursuant to § 16-3-502 . (e) This part shall not be construed as altering or modifying any law concerning interchange by agreement. Acts 1984, ch. 931, § 9; 2005, ch. 26, § 1.
(a) The judges in each judicial district shall assemble for the purpose of selecting a presiding judge of the district. In August of each year, the judges within each district shall assemble at the call of the presiding judge and select a successor to such presiding judge who shall serve until September 1 of the following year. If upon any selection date the judges in any district fail to choose or are unable to agree upon the selection of a presiding judge, the chief justice of the supreme court shall designate one (1) of their number to serve.
(b) It is the duty of the presiding judge to: (1) Reduce docket delays and hold congestion to a minimum; (2) Seek and maintain an equitable distribution of the workload and an equal sharing of the bench and chambers time necessary to dispose of the business of the district; (3) Promote the orderly and efficient administration of justice within the district; and (4) Take immediate and affirmative action to correct or alleviate any caseload imbalance, or any condition adversely affecting the administration of justice within the district over which the judge presides.
(1) Reduce docket delays and hold congestion to a minimum;
(2) Seek and maintain an equitable distribution of the workload and an equal sharing of the bench and chambers time necessary to dispose of the business of the district;
(3) Promote the orderly and efficient administration of justice within the district; and
(4) Take immediate and affirmative action to correct or alleviate any caseload imbalance, or any condition adversely affecting the administration of justice within the district over which the judge presides.
(c) To effectuate the duties enumerated in subsection (b), the presiding judge may assign cases to judges and chancellors within the district over which the judge presides. In assigning cases, the presiding judge shall, whenever possible and not detrimental to the orderly and efficient administration of justice, give due regard to the court upon which the judge or chancellor serves, the judge's or chancellor's particular background, experience and preference and economy of judicial travel time.
(d) If a presiding judge is unable to correct a caseload imbalance or reduce docket delays utilizing the available judges within the district over which the judge presides, it is the affirmative duty of the presiding judge to contact other presiding judges and request assistance or contact the supreme court and request assistance pursuant to § 16-3-502 .
(e) This part shall not be construed as altering or modifying any law concerning interchange by agreement.
Acts 1984, ch. 931, § 9; 2005, ch. 26, § 1.
Tenn. Code Ann. § 16-15-505 — TN Code / Title 16 / Chapter 15 / Section 16-15-505
Objections to jurisdiction
Status: in_force

Objections to the jurisdiction of the general sessions court before which the warrant is returned shall be made before the hearing, or they will be considered as waived. Code 1858, § 4120; Shan., § 5932; Code 1932, § 10133; T.C.A. (orig. ed.), § 19-311.
Objections to the jurisdiction of the general sessions court before which the warrant is returned shall be made before the hearing, or they will be considered as waived.
Code 1858, § 4120; Shan., § 5932; Code 1932, § 10133; T.C.A. (orig. ed.), § 19-311.
Tenn. Code Ann. § 16-3-702 — TN Code / Title 16 / Chapter 3 / Section 16-3-702
Commission to control court building at Knoxville
Status: in_force

There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or the presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with authority and jurisdiction to supervise and control the court and office building at Knoxville, and to employ all necessary assistants and help for the building, and make necessary contracts therefor. Acts 1953, ch. 138, § 1 (Williams, § 1032.3); 1965, ch. 184, § 1; 1975, ch. 73, § 1; T.C.A. (orig. ed.), § 16-324; Acts 1984, ch. 833, § 2; 1993, ch. 66, § 21; 1994, ch. 897, § 4.
There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or the presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with authority and jurisdiction to supervise and control the court and office building at Knoxville, and to employ all necessary assistants and help for the building, and make necessary contracts therefor.
Acts 1953, ch. 138, § 1 (Williams, § 1032.3); 1965, ch. 184, § 1; 1975, ch. 73, § 1; T.C.A. (orig. ed.), § 16-324; Acts 1984, ch. 833, § 2; 1993, ch. 66, § 21; 1994, ch. 897, § 4.
Tenn. Code Ann. § 16-22-111 — TN Code / Title 16 / Chapter 22 / Section 16-22-111
No right to treatment conferred
Status: in_force

Nothing contained in this chapter shall confer a right or an expectation of a right to treatment for an offender within the criminal justice system. Acts 2003, ch. 335, § 1.
Nothing contained in this chapter shall confer a right or an expectation of a right to treatment for an offender within the criminal justice system.
Acts 2003, ch. 335, § 1.
Tenn. Code Ann. § 16-2-510 — TN Code / Title 16 / Chapter 2 / Section 16-2-510
Holding of court - Terms abolished - Grand juries
Status: in_force

(a) Court shall be held within each judicial district at such times and on such dates as the judges of each judicial district fix by rule. Court shall be held in each county within the district as often as is necessary to dispose of the business of the court. Not less than thirty (30) days prior to the rule taking effect, the rule shall be published and circulated to the practicing bar, and filed with the administrative director of the courts. (b) Terms of court are abolished and the minutes of all courts shall remain open continuously. Any reference in Tennessee Code Annotated to the beginning of a term of court shall be deemed to be a reference to the appropriate date fixed by rule as provided by this section. (c) New grand juries shall be impaneled at least twice a year at times selected by the presiding judge of the district. The presiding judge within each district shall be responsible for designating the foreperson and for impaneling, charging and receiving the report of the grand jury, but may designate another judge to perform these responsibilities. In those districts in which there is a criminal court judge or judges, the criminal court judge or judges shall perform the duties pertaining to the grand jury assigned to the presiding judge by this subsection (c). Acts 1984, ch. 931, § 10; 1993, ch. 66, § 16.
(a) Court shall be held within each judicial district at such times and on such dates as the judges of each judicial district fix by rule. Court shall be held in each county within the district as often as is necessary to dispose of the business of the court. Not less than thirty (30) days prior to the rule taking effect, the rule shall be published and circulated to the practicing bar, and filed with the administrative director of the courts.
(b) Terms of court are abolished and the minutes of all courts shall remain open continuously. Any reference in Tennessee Code Annotated to the beginning of a term of court shall be deemed to be a reference to the appropriate date fixed by rule as provided by this section.
(c) New grand juries shall be impaneled at least twice a year at times selected by the presiding judge of the district. The presiding judge within each district shall be responsible for designating the foreperson and for impaneling, charging and receiving the report of the grand jury, but may designate another judge to perform these responsibilities. In those districts in which there is a criminal court judge or judges, the criminal court judge or judges shall perform the duties pertaining to the grand jury assigned to the presiding judge by this subsection (c).
Acts 1984, ch. 931, § 10; 1993, ch. 66, § 16.
Tenn. Code Ann. § 16-3-821 — TN Code / Title 16 / Chapter 3 / Section 16-3-821
Tennessee voluntary fund for indigent civil representation
Status: in_force

(a) This section shall be known and may be cited as the "Tennessee voluntary fund for indigent civil representation." (b) (1) There is established in the state treasury a separate account known as the Tennessee voluntary fund for indigent civil representation. It is the intent of the general assembly that this fund be used to provide supplemental funding for the provision of civil legal representation for indigents. Distribution of the fund as provided in this section shall be administered by the administrative office of the courts (AOC). (2) Contributions to the Tennessee voluntary fund for indigent civil representation are voluntary and this section shall not be construed to require an appropriation from the general fund to establish, maintain, operate, or disburse money from the fund, if done in accordance with this section. (c) The Tennessee voluntary fund for indigent civil representation is authorized to receive contributions from the following sources: (1) The unpaid residuals from settlements or awards in class action litigation in both state and federal courts; provided, that the litigation has been certified as a class action under Tenn. R. Civ. P. 23 or Rule 23 of the federal rules of civil procedure; (2) Awards from other actions in a state or federal court, when specifically designated by the judges in those actions; (3) Monetary settlements, whether through mediation, arbitration or otherwise, when so designated by a party authorized to do so; (4) Gifts, contributions, bequests, donations, devises and grants from any legal and appropriate source to effectuate the purpose of the fund. If these contributions to the fund are not in the form of money or other negotiable instrument, any income, rents or proceeds generated from the items contributed shall be deposited into the fund; and (5) Any other legitimate funding source that is now available or may in the future become available. (d) Amounts remaining in the fund at the end of the fiscal year shall not revert to the general fund, but shall remain available for use as provided in this section. Moneys in the fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund. (e) Any cost associated with the Tennessee voluntary fund for indigent civil representation shall be paid for by the proceeds of this fund. (f) When the corpus of the Tennessee voluntary fund for indigent civil representation reaches or exceeds one million dollars ($1,000,000), the interest on the corpus shall be distributed in accordance with § 67-4-806(2) . (g) (1) The AOC and the Tennessee Alliance for Legal Services may make the judiciary and legal profession aware of and promote the existence and purpose of this fund. (2) The Tennessee Alliance for Legal Services may also make any materials explaining and promoting the fund available to charitable or philanthropic foundations and other groups or persons who might be interested in contributing to the fund. (h) Nothing in this section shall be construed to repeal or affect the operation of the civil legal representation of indigents fund created in § 16-3-808 . It is the intent of the general assembly that the two (2) funds remain distinct and separate methods to achieve the same goal of providing quality legal representation to indigents in civil actions. Acts 2006, ch. 589, § 1.
(a) This section shall be known and may be cited as the "Tennessee voluntary fund for indigent civil representation."
(b) (1) There is established in the state treasury a separate account known as the Tennessee voluntary fund for indigent civil representation. It is the intent of the general assembly that this fund be used to provide supplemental funding for the provision of civil legal representation for indigents. Distribution of the fund as provided in this section shall be administered by the administrative office of the courts (AOC). (2) Contributions to the Tennessee voluntary fund for indigent civil representation are voluntary and this section shall not be construed to require an appropriation from the general fund to establish, maintain, operate, or disburse money from the fund, if done in accordance with this section.
(1) There is established in the state treasury a separate account known as the Tennessee voluntary fund for indigent civil representation. It is the intent of the general assembly that this fund be used to provide supplemental funding for the provision of civil legal representation for indigents. Distribution of the fund as provided in this section shall be administered by the administrative office of the courts (AOC).
(2) Contributions to the Tennessee voluntary fund for indigent civil representation are voluntary and this section shall not be construed to require an appropriation from the general fund to establish, maintain, operate, or disburse money from the fund, if done in accordance with this section.
(c) The Tennessee voluntary fund for indigent civil representation is authorized to receive contributions from the following sources: (1) The unpaid residuals from settlements or awards in class action litigation in both state and federal courts; provided, that the litigation has been certified as a class action under Tenn. R. Civ. P. 23 or Rule 23 of the federal rules of civil procedure; (2) Awards from other actions in a state or federal court, when specifically designated by the judges in those actions; (3) Monetary settlements, whether through mediation, arbitration or otherwise, when so designated by a party authorized to do so; (4) Gifts, contributions, bequests, donations, devises and grants from any legal and appropriate source to effectuate the purpose of the fund. If these contributions to the fund are not in the form of money or other negotiable instrument, any income, rents or proceeds generated from the items contributed shall be deposited into the fund; and (5) Any other legitimate funding source that is now available or may in the future become available.
(1) The unpaid residuals from settlements or awards in class action litigation in both state and federal courts; provided, that the litigation has been certified as a class action under Tenn. R. Civ. P. 23 or Rule 23 of the federal rules of civil procedure;
(2) Awards from other actions in a state or federal court, when specifically designated by the judges in those actions;
(3) Monetary settlements, whether through mediation, arbitration or otherwise, when so designated by a party authorized to do so;
(4) Gifts, contributions, bequests, donations, devises and grants from any legal and appropriate source to effectuate the purpose of the fund. If these contributions to the fund are not in the form of money or other negotiable instrument, any income, rents or proceeds generated from the items contributed shall be deposited into the fund; and
(5) Any other legitimate funding source that is now available or may in the future become available.
(d) Amounts remaining in the fund at the end of the fiscal year shall not revert to the general fund, but shall remain available for use as provided in this section. Moneys in the fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund.
(e) Any cost associated with the Tennessee voluntary fund for indigent civil representation shall be paid for by the proceeds of this fund.
(f) When the corpus of the Tennessee voluntary fund for indigent civil representation reaches or exceeds one million dollars ($1,000,000), the interest on the corpus shall be distributed in accordance with § 67-4-806(2) .
(g) (1) The AOC and the Tennessee Alliance for Legal Services may make the judiciary and legal profession aware of and promote the existence and purpose of this fund. (2) The Tennessee Alliance for Legal Services may also make any materials explaining and promoting the fund available to charitable or philanthropic foundations and other groups or persons who might be interested in contributing to the fund.
(1) The AOC and the Tennessee Alliance for Legal Services may make the judiciary and legal profession aware of and promote the existence and purpose of this fund.
(2) The Tennessee Alliance for Legal Services may also make any materials explaining and promoting the fund available to charitable or philanthropic foundations and other groups or persons who might be interested in contributing to the fund.
(h) Nothing in this section shall be construed to repeal or affect the operation of the civil legal representation of indigents fund created in § 16-3-808 . It is the intent of the general assembly that the two (2) funds remain distinct and separate methods to achieve the same goal of providing quality legal representation to indigents in civil actions.
Acts 2006, ch. 589, § 1.
Tenn. Code Ann. § 16-5-111 — TN Code / Title 16 / Chapter 5 / Section 16-5-111
Effect of judgments
Status: in_force

The court of criminal appeals is a court of record, and its judgment shall be executed as provided in the Tennessee rules of appellate procedure. Acts 1967, ch. 226, § 11; T.C.A., § 16-451; Acts 1981, ch. 449, § 2.
The court of criminal appeals is a court of record, and its judgment shall be executed as provided in the Tennessee rules of appellate procedure.
Acts 1967, ch. 226, § 11; T.C.A., § 16-451; Acts 1981, ch. 449, § 2.
Tenn. Code Ann. § 16-3-403 — TN Code / Title 16 / Chapter 3 / Section 16-3-403
Rules not to affect substantive rights - Consistency with constitutions
Status: in_force

The rules prescribed by the supreme court pursuant to § 16-3-402 shall not abridge, enlarge or modify any substantive right, and shall be consistent with the constitutions of the United States and Tennessee. Acts 1965, ch. 227, § 2; T.C.A., § 16-113.
The rules prescribed by the supreme court pursuant to § 16-3-402 shall not abridge, enlarge or modify any substantive right, and shall be consistent with the constitutions of the United States and Tennessee.
Acts 1965, ch. 227, § 2; T.C.A., § 16-113.
Tenn. Code Ann. § 16-3-801 — TN Code / Title 16 / Chapter 3 / Section 16-3-801
Creation - Purpose
Status: in_force

There is created the administrative office of the courts. The purpose of this office is to assist in improving the administration of justice in the state by performing the duties and exercising the powers conferred in this part. Acts 1993, ch. 65, § 2.
There is created the administrative office of the courts. The purpose of this office is to assist in improving the administration of justice in the state by performing the duties and exercising the powers conferred in this part.
Acts 1993, ch. 65, § 2.
Tenn. Code Ann. § 16-4-115 — TN Code / Title 16 / Chapter 4 / Section 16-4-115
Rules of appellate procedure govern
Status: in_force

The procedure on appeal in the court of appeals shall be governed by the Tennessee rules of appellate procedure. Acts 1925, ch. 100, § 9; Shan. Supp., § 6325a9; mod. Code 1932, § 10617; T.C.A. (orig. ed.), § 16-415; Acts 1981, ch. 449, § 2.
The procedure on appeal in the court of appeals shall be governed by the Tennessee rules of appellate procedure.
Acts 1925, ch. 100, § 9; Shan. Supp., § 6325a9; mod. Code 1932, § 10617; T.C.A. (orig. ed.), § 16-415; Acts 1981, ch. 449, § 2.
Tenn. Code Ann. § 16-15-406 — TN Code / Title 16 / Chapter 15 / Section 16-15-406
Rules of court
Status: in_force

Judges of the courts of general sessions shall adopt such rules as may be necessary to expedite the trial and disposal of cases. Acts 1959, ch. 109, § 7; T.C.A., § 16-1120.
Judges of the courts of general sessions shall adopt such rules as may be necessary to expedite the trial and disposal of cases.
Acts 1959, ch. 109, § 7; T.C.A., § 16-1120.
Tenn. Code Ann. § 16-15-904 — TN Code / Title 16 / Chapter 15 / Section 16-15-904
Service upon defendants outside of state
Status: in_force

(a) (1) Whenever the law of this state authorizes service outside this state, service, when reasonably calculated to give notice, may be made: (A) By any form of service authorized within this state pursuant to this part; (B) In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and (C) As directed by the court. (2) This section is inapplicable when service is effected in a place not within any judicial district of the United States. (b) Service of process pursuant to this section shall include a copy of the warrant, writ or other papers. (c) Service by mail upon a corporation shall be addressed to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation. (d) Service by mail upon a partnership or unincorporated association, included a limited liability company, that is named defendant upon a common name shall be addressed to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association. (e) When service of a warrant, writ, or other papers is provided for or permitted by registered or certified mail under the laws of this state, and the addressee, or the addressee's agent, refuses to accept delivery, and it is so stated in the return receipt of the United States postal service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the warrant, writ, or other papers. Service by mail is complete upon mailing. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains either: (1) A return receipt showing personal acceptance by the defendant or by persons designated by statute; or (2) A return receipt stating that the addressee or the addressee's agent refused to accept delivery, which is deemed to be personal acceptance by the defendant pursuant to this subsection (e). Amended by 2018 Tenn. Acts, ch. 806,s 2, eff. 7/1/2018. Acts 2002, ch. 794, § 2.
(a) (1) Whenever the law of this state authorizes service outside this state, service, when reasonably calculated to give notice, may be made: (A) By any form of service authorized within this state pursuant to this part; (B) In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and (C) As directed by the court. (2) This section is inapplicable when service is effected in a place not within any judicial district of the United States.
(1) Whenever the law of this state authorizes service outside this state, service, when reasonably calculated to give notice, may be made: (A) By any form of service authorized within this state pursuant to this part; (B) In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and (C) As directed by the court.
(A) By any form of service authorized within this state pursuant to this part;
(B) In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and
(C) As directed by the court.
(2) This section is inapplicable when service is effected in a place not within any judicial district of the United States.
(b) Service of process pursuant to this section shall include a copy of the warrant, writ or other papers.
(c) Service by mail upon a corporation shall be addressed to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation.
(d) Service by mail upon a partnership or unincorporated association, included a limited liability company, that is named defendant upon a common name shall be addressed to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association.
(e) When service of a warrant, writ, or other papers is provided for or permitted by registered or certified mail under the laws of this state, and the addressee, or the addressee's agent, refuses to accept delivery, and it is so stated in the return receipt of the United States postal service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the warrant, writ, or other papers. Service by mail is complete upon mailing. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains either: (1) A return receipt showing personal acceptance by the defendant or by persons designated by statute; or (2) A return receipt stating that the addressee or the addressee's agent refused to accept delivery, which is deemed to be personal acceptance by the defendant pursuant to this subsection (e).
(1) A return receipt showing personal acceptance by the defendant or by persons designated by statute; or
(2) A return receipt stating that the addressee or the addressee's agent refused to accept delivery, which is deemed to be personal acceptance by the defendant pursuant to this subsection (e).
Amended by 2018 Tenn. Acts, ch. 806,s 2, eff. 7/1/2018.
Acts 2002, ch. 794, § 2.
Tenn. Code Ann. § 16-22-106 — TN Code / Title 16 / Chapter 22 / Section 16-22-106
Application for grant funds
Status: in_force

Through the department of mental health and substance abuse services, a court exercising criminal jurisdiction within this state or an existing drug court treatment program created by a court exercising criminal jurisdiction may apply for drug court treatment program grant funds to: (1) Fund a full-time or part-time program director position; (2) Fund drug court treatment staff whose job duties are directly related to program operations; (3) Fund substance abuse treatment, mental health and other direct services for drug court treatment participants; (4) Fund drug testing; (5) Fund program costs directly related to program operations; and (6) Implement or continue drug court treatment program operations. Amended by 2015 Tenn. Acts, ch. 453, s 12, eff. 7/1/2015. Acts 2003 , ch. 335, §1; 2007 , ch. 375, §3; 2010 , ch. 833, § 2.
Through the department of mental health and substance abuse services, a court exercising criminal jurisdiction within this state or an existing drug court treatment program created by a court exercising criminal jurisdiction may apply for drug court treatment program grant funds to:
(1) Fund a full-time or part-time program director position;
(2) Fund drug court treatment staff whose job duties are directly related to program operations;
(3) Fund substance abuse treatment, mental health and other direct services for drug court treatment participants;
(4) Fund drug testing;
(5) Fund program costs directly related to program operations; and
(6) Implement or continue drug court treatment program operations.
Amended by 2015 Tenn. Acts, ch. 453, s 12, eff. 7/1/2015.
Acts 2003 , ch. 335, §1; 2007 , ch. 375, §3; 2010 , ch. 833, § 2.
Tenn. Code Ann. § 16-16-120 — TN Code / Title 16 / Chapter 16 / Section 16-16-120
Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by those county and probate courts in which commitments to a mental institution are ordered
Status: in_force

(a) As used in this section: (1) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ); (2) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (3) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (4) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers. (b) Those county or probate courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180. (c) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subsection (b): (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (2) Case or docket number of the judicial commitment or the adjudication as a mental defective; (3) Date judicial commitment ordered or adjudication as a mental defective was made; (4) Private or state hospital or treatment resource to which the individual was judicially committed; and (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk. (d) The information in subdivisions (c)(1)-(5), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 and 39-17-1354 . Amended by 2024 Tenn. Acts, ch. 784,s 8, eff. 7/1/2024. Amended by 2013 Tenn. Acts, ch. 300, s 6, eff. 7/1/2013. Acts 2009 , ch. 578, § 4.
(a) As used in this section: (1) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ); (2) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (3) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (4) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(1) "Adjudication as a mental defective or adjudicated as a mental defective" means: (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect; (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b );
(A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (i) Is a danger to such person or to others; or (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(i) Is a danger to such person or to others; or
(ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
(C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b );
(2) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
(3) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital;
(4) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(b) Those county or probate courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.
(c) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subsection (b): (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (2) Case or docket number of the judicial commitment or the adjudication as a mental defective; (3) Date judicial commitment ordered or adjudication as a mental defective was made; (4) Private or state hospital or treatment resource to which the individual was judicially committed; and (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk.
(1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
(2) Case or docket number of the judicial commitment or the adjudication as a mental defective;
(3) Date judicial commitment ordered or adjudication as a mental defective was made;
(4) Private or state hospital or treatment resource to which the individual was judicially committed; and
(5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk.
(d) The information in subdivisions (c)(1)-(5), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316 , 39-17-1353 and 39-17-1354 .
Amended by 2024 Tenn. Acts, ch. 784,s 8, eff. 7/1/2024.
Amended by 2013 Tenn. Acts, ch. 300, s 6, eff. 7/1/2013.
Acts 2009 , ch. 578, § 4.
Tenn. Code Ann. § 16-3-813 — TN Code / Title 16 / Chapter 3 / Section 16-3-813
Credentialed court interpreter
Status: in_force

(a) Any person seeking to become a credentialed court interpreter for spoken foreign languages pursuant to any rules that may be promulgated by the supreme court shall be required to supply a fingerprint sample and submit to a criminal history records check conducted by the Tennessee bureau of investigation pursuant to § 38-6-109 , the federal bureau of investigation, other law enforcement agency or any other legally authorized entity. In addition to the fee required by § 38-6-109 , the sheriff or any other law enforcement agency may assess a fee of up to ten dollars ($10.00) for costs incurred in complying with this section. Any fees assessed in the criminal background records check process are the responsibility of the person seeking to be credentialed as a court interpreter of spoken foreign languages. (b) The administrative office of the courts (AOC) shall create and maintain a registry of those persons credentialed as court interpreters of spoken foreign languages and shall post the registry on the website maintained by the AOC. Acts 2002, ch. 494, § 1; 2004, ch. 755, § 1.
(a) Any person seeking to become a credentialed court interpreter for spoken foreign languages pursuant to any rules that may be promulgated by the supreme court shall be required to supply a fingerprint sample and submit to a criminal history records check conducted by the Tennessee bureau of investigation pursuant to § 38-6-109 , the federal bureau of investigation, other law enforcement agency or any other legally authorized entity. In addition to the fee required by § 38-6-109 , the sheriff or any other law enforcement agency may assess a fee of up to ten dollars ($10.00) for costs incurred in complying with this section. Any fees assessed in the criminal background records check process are the responsibility of the person seeking to be credentialed as a court interpreter of spoken foreign languages.
(b) The administrative office of the courts (AOC) shall create and maintain a registry of those persons credentialed as court interpreters of spoken foreign languages and shall post the registry on the website maintained by the AOC.
Acts 2002, ch. 494, § 1; 2004, ch. 755, § 1.
Tenn. Code Ann. § 16-4-107 — TN Code / Title 16 / Chapter 4 / Section 16-4-107
Expenses
Status: in_force

The expenses of the court of appeals shall be paid out of the state treasury, upon the warrant of the commissioner of finance and administration. Acts 1925, ch. 100, § 15; Shan. Supp., § 6325a15; mod. Code 1932, §§ 153, 10628; mod. C. Supp. 1950, § 153; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 16-407.
The expenses of the court of appeals shall be paid out of the state treasury, upon the warrant of the commissioner of finance and administration.
Acts 1925, ch. 100, § 15; Shan. Supp., § 6325a15; mod. Code 1932, §§ 153, 10628; mod. C. Supp. 1950, § 153; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 16-407.
Tenn. Code Ann. § 16-2-503 — TN Code / Title 16 / Chapter 2 / Section 16-2-503
Filing and processing of actions
Status: in_force

Suits shall be filed in the same court and processed by the same clerk as they were filed and processed prior to September 1, 1984. Acts 1984, ch. 931, § 3.
Suits shall be filed in the same court and processed by the same clerk as they were filed and processed prior to September 1, 1984.
Acts 1984, ch. 931, § 3.
Tenn. Code Ann. § 16-11-102 — TN Code / Title 16 / Chapter 11 / Section 16-11-102
Jurisdiction of civil causes - Transfer to circuit court
Status: in_force

(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted. (b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law. Acts 1877, ch. 97, §§ 1, 2; 1915, ch. 47; Shan., § 6109; mod. Code 1932, § 10377; Acts 1977, ch. 294, § 1; T.C.A. (orig. ed.), § 16-602.
(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.
(b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law.
Acts 1877, ch. 97, §§ 1, 2; 1915, ch. 47; Shan., § 6109; mod. Code 1932, § 10377; Acts 1977, ch. 294, § 1; T.C.A. (orig. ed.), § 16-602.
Tenn. Code Ann. § 16-16-119 — TN Code / Title 16 / Chapter 16 / Section 16-16-119
Reference of questions of fact to clerk - Designation as probate master
Status: in_force

(a) In the exercise of the jurisdiction conferred by § 16-16-107 , by title 33, or by [former] title 34, chapter 10, the county judge may, in the county judge's discretion, by general or special orders of reference, refer questions of fact to the county clerk, for taking of proof, either by depositions or by oral testimony, and making findings of fact with respect to the depositions or oral testimony. The county clerk or a deputy named by the county clerk may be designated as probate master and in that capacity shall have all the powers of a clerk and master in chancery. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Acts 1955, ch. 146, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A., § 16-721; Acts 2003 , ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) In the exercise of the jurisdiction conferred by § 16-16-107 , by title 33, or by [former] title 34, chapter 10, the county judge may, in the county judge's discretion, by general or special orders of reference, refer questions of fact to the county clerk, for taking of proof, either by depositions or by oral testimony, and making findings of fact with respect to the depositions or oral testimony. The county clerk or a deputy named by the county clerk may be designated as probate master and in that capacity shall have all the powers of a clerk and master in chancery.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1955, ch. 146, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A., § 16-721; Acts 2003 , ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-20-101 — TN Code / Title 16 / Chapter 20 / Section 16-20-101
Legislative findings and intent
Status: in_force

(a) The general assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversarial posture and subject to formalized procedures; and (2) Victim-offender mediation centers can meet the needs of the state's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere. (b) It is the intent of the general assembly that programs established pursuant to this chapter: (1) Stimulate the establishment and use of victim-offender mediation centers to help meet the need for alternatives to the courts for the resolution of certain disputes; (2) Encourage continuing community participation in the development, administration and oversight of local programs designed to facilitate the informal resolution of disputes between and among members of the community; (3) Offer structures for dispute resolution that may serve as models for centers in other communities; and (4) Serve a specific community or locale and resolve disputes that arise within that community or locale. Acts 1993, ch. 420, § 1.
(a) The general assembly finds and declares that: (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversarial posture and subject to formalized procedures; and (2) Victim-offender mediation centers can meet the needs of the state's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere.
(1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversarial posture and subject to formalized procedures; and
(2) Victim-offender mediation centers can meet the needs of the state's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere.
(b) It is the intent of the general assembly that programs established pursuant to this chapter: (1) Stimulate the establishment and use of victim-offender mediation centers to help meet the need for alternatives to the courts for the resolution of certain disputes; (2) Encourage continuing community participation in the development, administration and oversight of local programs designed to facilitate the informal resolution of disputes between and among members of the community; (3) Offer structures for dispute resolution that may serve as models for centers in other communities; and (4) Serve a specific community or locale and resolve disputes that arise within that community or locale.
(1) Stimulate the establishment and use of victim-offender mediation centers to help meet the need for alternatives to the courts for the resolution of certain disputes;
(2) Encourage continuing community participation in the development, administration and oversight of local programs designed to facilitate the informal resolution of disputes between and among members of the community;
(3) Offer structures for dispute resolution that may serve as models for centers in other communities; and
(4) Serve a specific community or locale and resolve disputes that arise within that community or locale.
Acts 1993, ch. 420, § 1.
Tenn. Code Ann. § 16-11-106 — TN Code / Title 16 / Chapter 11 / Section 16-11-106
Boundary disputes
Status: in_force

(a) The chancery court has jurisdiction to hear and determine all cases in which the boundary line or lines of adjoining or contiguous tracts of land is one, or the only, question at issue in the case. (b) In all such cases a complete deraignment of title by the complainant from a state grant or common source of title shall not be required as in ejectment cases, but it shall be sufficient to establish title in the complainant where the complainant proves clearly that the complainant is the true owner of the lands described in the complainant's bill. Acts 1915, ch. 122, §§ 1, 2; Shan., §§ 6106 a1, 6106 a2; mod. Code 1932, §§ 10368, 10369; T.C.A. (orig. ed.), §§ 16-606, 16-607.
(a) The chancery court has jurisdiction to hear and determine all cases in which the boundary line or lines of adjoining or contiguous tracts of land is one, or the only, question at issue in the case.
(b) In all such cases a complete deraignment of title by the complainant from a state grant or common source of title shall not be required as in ejectment cases, but it shall be sufficient to establish title in the complainant where the complainant proves clearly that the complainant is the true owner of the lands described in the complainant's bill.
Acts 1915, ch. 122, §§ 1, 2; Shan., §§ 6106 a1, 6106 a2; mod. Code 1932, §§ 10368, 10369; T.C.A. (orig. ed.), §§ 16-606, 16-607.
Tenn. Code Ann. § 16-1-103 — TN Code / Title 16 / Chapter 1 / Section 16-1-103
Contempt
Status: in_force

For the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code. Code 1858, § 4100; Shan., § 5912; Code 1932, § 10111; T.C.A. (orig. ed.), § 16-103.
For the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code.
Code 1858, § 4100; Shan., § 5912; Code 1932, § 10111; T.C.A. (orig. ed.), § 16-103.
Tenn. Code Ann. § 16-16-101 — TN Code / Title 16 / Chapter 16 / Section 16-16-101
Establishment
Status: in_force

(a) A court is established in each county for the dispatch of probate and other business entrusted to it, to be called the county court. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Code 1858, § 127 (deriv. Acts 1835-1836, ch. 6, § 1); Shan., § 221; Code 1932, § 161; modified; T.C.A. (orig. ed.), § 16-701; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 245, §§ 1, 2.
(a) A court is established in each county for the dispatch of probate and other business entrusted to it, to be called the county court.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 127 (deriv. Acts 1835-1836, ch. 6, § 1); Shan., § 221; Code 1932, § 161; modified; T.C.A. (orig. ed.), § 16-701; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 245, §§ 1, 2.
Tenn. Code Ann. § 16-22-112 — TN Code / Title 16 / Chapter 22 / Section 16-22-112
Construction
Status: in_force

Nothing in this chapter shall be construed to limit the ability of any jurisdiction to create or maintain a drug court treatment program that adheres to the guidelines set forth in § 16-22-104 . Acts 2003, ch. 335, § 1.
Nothing in this chapter shall be construed to limit the ability of any jurisdiction to create or maintain a drug court treatment program that adheres to the guidelines set forth in § 16-22-104 .
Acts 2003, ch. 335, § 1.
Tenn. Code Ann. § 16-16-118 — TN Code / Title 16 / Chapter 16 / Section 16-16-118
Return of process
Status: in_force

(a) Unless otherwise ordered by the court, all process shall be returnable to the first Monday coming five (5) days after the service of such process. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Acts 1911, ch. 3, § 2; Shan., § 6006a2; Code 1932, § 10206; T.C.A. (orig. ed.), § 16-720; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) Unless otherwise ordered by the court, all process shall be returnable to the first Monday coming five (5) days after the service of such process.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1911, ch. 3, § 2; Shan., § 6006a2; Code 1932, § 10206; T.C.A. (orig. ed.), § 16-720; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-3-407 — TN Code / Title 16 / Chapter 3 / Section 16-3-407
Additional or supplementary rules of other courts
Status: in_force

Each of the other courts of this state may adopt additional or supplementary rules of practice and procedure not inconsistent with or in conflict with the rules prescribed by the supreme court. Acts 1965, ch. 227, § 6; T.C.A., § 16-117.
Each of the other courts of this state may adopt additional or supplementary rules of practice and procedure not inconsistent with or in conflict with the rules prescribed by the supreme court.
Acts 1965, ch. 227, § 6; T.C.A., § 16-117.
Tenn. Code Ann. § 16-17-101 — TN Code / Title 16 / Chapter 17 / Section 16-17-101
Establishment of city courts
Status: in_force

(a) In each home rule municipality that does not have a city court ordained and established by the general assembly, a city court is created to try violations of municipal ordinances. The governing body of the municipality may increase the number of divisions of the court created by this subsection (a). (b) The governing bodies of all home-rule municipalities may also decrease the number of divisions of city courts by ordinance, but no division shall be eliminated except when a term of a city court judge expires or when a vacancy in the office of city court judge exists. Amended by 2019 Tenn. Acts, ch. 420, s 11, eff. 5/21/2019. Acts 1972, ch. 778, § 1; T.C.A., § 16-1201; Acts 1994, ch. 712, §1; 2003 , ch. 113, §2; 2009 , ch. 128, § 1.
(a) In each home rule municipality that does not have a city court ordained and established by the general assembly, a city court is created to try violations of municipal ordinances. The governing body of the municipality may increase the number of divisions of the court created by this subsection (a).
(b) The governing bodies of all home-rule municipalities may also decrease the number of divisions of city courts by ordinance, but no division shall be eliminated except when a term of a city court judge expires or when a vacancy in the office of city court judge exists.
Amended by 2019 Tenn. Acts, ch. 420, s 11, eff. 5/21/2019.
Acts 1972, ch. 778, § 1; T.C.A., § 16-1201; Acts 1994, ch. 712, §1; 2003 , ch. 113, §2; 2009 , ch. 128, § 1.
Tenn. Code Ann. § 16-3-1001 — TN Code / Title 16 / Chapter 3 / Section 16-3-1001
Establishment of special revolving loan fund - Purpose - Rules and regulations - Funding
Status: in_force

(a) (1) There is established within the general fund a special revolving loan fund to be known as the automated court system hardware replacement loan fund, referred to in this part as the "fund". The fund is established for the purpose of providing interest-free funding for the replacement of computer hardware associated with automated court systems that have been implemented by courts of the state. (2) The department of finance and administration shall administer the fund and shall adopt rules and regulations for the administration. (3) All interest and earnings of the fund shall remain a part of the fund. (4) No part of the fund shall revert to the general fund at the end of any fiscal year, but shall remain a part of the fund available for expenditure in accordance with this part. (5) The department shall deposit into the fund all receipts from the repayment of loans made pursuant to this part. (6) Nothing in this part shall be construed to exclude or prevent future appropriations to the fund. (b) All counties in which any court has implemented the Tennessee court information system (TnCIS), or a court automation system determined by the administrative office of the courts (AOC) to be functionally equivalent, are eligible to receive loans from the fund to purchase necessary computer hardware components in accordance with a hardware replacement schedule approved and monitored by the administrative office of the courts. No interest expense shall be passed on to the county unless the state issues bonds to capitalize all or a portion of the fund. In such case, a reasonable cost of issuance may be passed on to the loan recipients. (c) When a county requests the department to have the state finance the acquisition of replacement hardware for an automated court system, the affected clerk, the governing body of the county, and the department shall enter into an agreement to be known as the automated court system hardware replacement loan agreement, referred to in this part as the "agreement." The comptroller of the treasury must approve any deviations from the requirements outlined in the agreement. The agreement is subject to the following requirements: (1) The original term of the loan shall be for a period of four (4) years. Annual installment payments to the fund shall begin the same year as funds are borrowed. The department shall establish an annual payment due date of June 1. Notice of the loan agreement, including the annual payment schedule, shall be sent to the comptroller of the treasury; (2) All computer hardware purchased by a county under the agreement shall be acquired from current state contracts; (3) The agreement may contain any other reasonable provisions deemed necessary and desirable by the department, the AOC, the comptroller of the treasury, the clerk for whom the replacement hardware is being purchased or the governing body of the county; (4) If a county fails or neglects to pay any of the annual payments prescribed, the commissioner of finance and administration shall retain the sum necessary for the payment out of any state funds distributable to the county in which the state court resides. No statutory requirement that any distributable, state collected, locally shared funds shall be used exclusively for a designated purpose shall be construed as preventing the commissioner from withholding the funds; and (5) The state will maintain a lien on any computer hardware purchased with moneys borrowed from the fund until the terms and conditions of the agreement have been satisfied. Acts 2001, ch. 451, § 2.
(a) (1) There is established within the general fund a special revolving loan fund to be known as the automated court system hardware replacement loan fund, referred to in this part as the "fund". The fund is established for the purpose of providing interest-free funding for the replacement of computer hardware associated with automated court systems that have been implemented by courts of the state. (2) The department of finance and administration shall administer the fund and shall adopt rules and regulations for the administration. (3) All interest and earnings of the fund shall remain a part of the fund. (4) No part of the fund shall revert to the general fund at the end of any fiscal year, but shall remain a part of the fund available for expenditure in accordance with this part. (5) The department shall deposit into the fund all receipts from the repayment of loans made pursuant to this part. (6) Nothing in this part shall be construed to exclude or prevent future appropriations to the fund.
(1) There is established within the general fund a special revolving loan fund to be known as the automated court system hardware replacement loan fund, referred to in this part as the "fund". The fund is established for the purpose of providing interest-free funding for the replacement of computer hardware associated with automated court systems that have been implemented by courts of the state.
(2) The department of finance and administration shall administer the fund and shall adopt rules and regulations for the administration.
(3) All interest and earnings of the fund shall remain a part of the fund.
(4) No part of the fund shall revert to the general fund at the end of any fiscal year, but shall remain a part of the fund available for expenditure in accordance with this part.
(5) The department shall deposit into the fund all receipts from the repayment of loans made pursuant to this part.
(6) Nothing in this part shall be construed to exclude or prevent future appropriations to the fund.
(b) All counties in which any court has implemented the Tennessee court information system (TnCIS), or a court automation system determined by the administrative office of the courts (AOC) to be functionally equivalent, are eligible to receive loans from the fund to purchase necessary computer hardware components in accordance with a hardware replacement schedule approved and monitored by the administrative office of the courts. No interest expense shall be passed on to the county unless the state issues bonds to capitalize all or a portion of the fund. In such case, a reasonable cost of issuance may be passed on to the loan recipients.
(c) When a county requests the department to have the state finance the acquisition of replacement hardware for an automated court system, the affected clerk, the governing body of the county, and the department shall enter into an agreement to be known as the automated court system hardware replacement loan agreement, referred to in this part as the "agreement." The comptroller of the treasury must approve any deviations from the requirements outlined in the agreement. The agreement is subject to the following requirements: (1) The original term of the loan shall be for a period of four (4) years. Annual installment payments to the fund shall begin the same year as funds are borrowed. The department shall establish an annual payment due date of June 1. Notice of the loan agreement, including the annual payment schedule, shall be sent to the comptroller of the treasury; (2) All computer hardware purchased by a county under the agreement shall be acquired from current state contracts; (3) The agreement may contain any other reasonable provisions deemed necessary and desirable by the department, the AOC, the comptroller of the treasury, the clerk for whom the replacement hardware is being purchased or the governing body of the county; (4) If a county fails or neglects to pay any of the annual payments prescribed, the commissioner of finance and administration shall retain the sum necessary for the payment out of any state funds distributable to the county in which the state court resides. No statutory requirement that any distributable, state collected, locally shared funds shall be used exclusively for a designated purpose shall be construed as preventing the commissioner from withholding the funds; and (5) The state will maintain a lien on any computer hardware purchased with moneys borrowed from the fund until the terms and conditions of the agreement have been satisfied.
(1) The original term of the loan shall be for a period of four (4) years. Annual installment payments to the fund shall begin the same year as funds are borrowed. The department shall establish an annual payment due date of June 1. Notice of the loan agreement, including the annual payment schedule, shall be sent to the comptroller of the treasury;
(2) All computer hardware purchased by a county under the agreement shall be acquired from current state contracts;
(3) The agreement may contain any other reasonable provisions deemed necessary and desirable by the department, the AOC, the comptroller of the treasury, the clerk for whom the replacement hardware is being purchased or the governing body of the county;
(4) If a county fails or neglects to pay any of the annual payments prescribed, the commissioner of finance and administration shall retain the sum necessary for the payment out of any state funds distributable to the county in which the state court resides. No statutory requirement that any distributable, state collected, locally shared funds shall be used exclusively for a designated purpose shall be construed as preventing the commissioner from withholding the funds; and
(5) The state will maintain a lien on any computer hardware purchased with moneys borrowed from the fund until the terms and conditions of the agreement have been satisfied.
Acts 2001, ch. 451, § 2.
Tenn. Code Ann. § 16-17-102 — TN Code / Title 16 / Chapter 17 / Section 16-17-102
Judges - Appointment and election
Status: in_force

The judge of the city court shall be appointed on the nomination of the mayor and concurred in by the city council or other legislative body, but the appointed judge shall serve only until the next general election, at which time a judge or judges will be elected. Acts 1972, ch. 778, § 2; modified; T.C.A., §16-1202; Acts 2009 , ch. 128, § 2.
The judge of the city court shall be appointed on the nomination of the mayor and concurred in by the city council or other legislative body, but the appointed judge shall serve only until the next general election, at which time a judge or judges will be elected.
Acts 1972, ch. 778, § 2; modified; T.C.A., §16-1202; Acts 2009 , ch. 128, § 2.
Tenn. Code Ann. § 16-15-726 — TN Code / Title 16 / Chapter 15 / Section 16-15-726
Remittitur
Status: in_force

If the sum found for either plaintiff or defendant exceeds the jurisdiction of the general sessions court, that party may remit the excess, and take judgment for the residue, but the party cannot afterwards sue for the amount so remitted. Code 1858, § 4161; Shan., § 5974; Code 1932, § 10175; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-418; Acts 1993, ch. 241, § 42; T.C.A., § 19-1-114.
If the sum found for either plaintiff or defendant exceeds the jurisdiction of the general sessions court, that party may remit the excess, and take judgment for the residue, but the party cannot afterwards sue for the amount so remitted.
Code 1858, § 4161; Shan., § 5974; Code 1932, § 10175; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-418; Acts 1993, ch. 241, § 42; T.C.A., § 19-1-114.
Tenn. Code Ann. § 16-15-503 — TN Code / Title 16 / Chapter 15 / Section 16-15-503
Geographical jurisdiction
Status: in_force

The jurisdiction of general sessions courts, when not otherwise provided, is geographically coextensive with the limits of their respective counties. Code 1858, § 4113 (deriv. Const. 1834, art. 6, § 15); Shan., § 5925; Code 1932, § 10126; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-303.
The jurisdiction of general sessions courts, when not otherwise provided, is geographically coextensive with the limits of their respective counties.
Code 1858, § 4113 (deriv. Const. 1834, art. 6, § 15); Shan., § 5925; Code 1932, § 10126; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-303.
Tenn. Code Ann. § 16-5-104 — TN Code / Title 16 / Chapter 5 / Section 16-5-104
Limitation of requirements for office
Status: in_force

A judge of the court of criminal appeals shall only be required to qualify as a candidate and be elected by the qualified voters of the state. Acts 1967, ch. 226, § 4; modified; T.C.A., § 16-444.
A judge of the court of criminal appeals shall only be required to qualify as a candidate and be elected by the qualified voters of the state.
Acts 1967, ch. 226, § 4; modified; T.C.A., § 16-444.
Tenn. Code Ann. § 16-15-735 — TN Code / Title 16 / Chapter 15 / Section 16-15-735
Notice to plaintiff of possible additional defendants
Status: in_force

(a) In cases or controversies arising in a court of general sessions, if a defendant feels that the defendant is either not at fault or that another person is also at fault, the defendant is to notify the opposing party or parties and the clerk of the court in writing forty-eight (48) hours prior to the scheduled date of the hearing of the names, if known, of the other person or persons at fault. If the defendant fails to so notify, the plaintiff shall be entitled to a continuance. (b) After receiving notice that additional defendants may exist, the clerk of the court shall notify the plaintiff of this fact. The clerk shall automatically continue the hearing for thirty (30) days following notification to the plaintiff that additional defendants exist so the plaintiff can issue service and amend the warrant to include any new defendants. Acts 1997, ch. 522, § 1.
(a) In cases or controversies arising in a court of general sessions, if a defendant feels that the defendant is either not at fault or that another person is also at fault, the defendant is to notify the opposing party or parties and the clerk of the court in writing forty-eight (48) hours prior to the scheduled date of the hearing of the names, if known, of the other person or persons at fault. If the defendant fails to so notify, the plaintiff shall be entitled to a continuance.
(b) After receiving notice that additional defendants may exist, the clerk of the court shall notify the plaintiff of this fact. The clerk shall automatically continue the hearing for thirty (30) days following notification to the plaintiff that additional defendants exist so the plaintiff can issue service and amend the warrant to include any new defendants.
Acts 1997, ch. 522, § 1.
Tenn. Code Ann. § 16-15-727 — TN Code / Title 16 / Chapter 15 / Section 16-15-727
Correction of judgment - Mistakes, inadvertence, excusable neglect and fraud
Status: in_force

(a) Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes. (b) Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02. Acts 1859-1860, ch. 109; Shan., § 4600; mod. Code 1932, § 8724; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-423; Acts 1993, ch. 241, § 44; T.C.A., § 19-1-116; Acts 2004, ch. 875, § 1; 2007, ch. 443, § 1.
(a) Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes.
(b) Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02.
Acts 1859-1860, ch. 109; Shan., § 4600; mod. Code 1932, § 8724; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-423; Acts 1993, ch. 241, § 44; T.C.A., § 19-1-116; Acts 2004, ch. 875, § 1; 2007, ch. 443, § 1.
Tenn. Code Ann. § 16-16-202 — TN Code / Title 16 / Chapter 16 / Section 16-16-202
Construction of former statutes
Status: in_force

All sections of Tennessee Code Annotated conferring jurisdiction in probate and related matters in the county courts, the county judge or county chair hereafter shall be construed to be applicable to the chancery court in those counties of the state to which this part applies and shall be deemed as amended accordingly. In all other counties the references are to the court having probate jurisdiction. Acts 1980, ch. 875, § 2; T.C.A., § 16-1302; Acts 1993, ch. 241, § 26.
All sections of Tennessee Code Annotated conferring jurisdiction in probate and related matters in the county courts, the county judge or county chair hereafter shall be construed to be applicable to the chancery court in those counties of the state to which this part applies and shall be deemed as amended accordingly. In all other counties the references are to the court having probate jurisdiction.
Acts 1980, ch. 875, § 2; T.C.A., § 16-1302; Acts 1993, ch. 241, § 26.
Tenn. Code Ann. § 16-2-504 — TN Code / Title 16 / Chapter 2 / Section 16-2-504
Selection of clerk and master - Trial court judge as chancellor
Status: in_force

In those judicial districts in which this part has left a particular district without a chancellor, all trial court judges within that district shall be designated as chancellors for the purpose of selecting the clerk and master. The trial court judges shall also sit as chancellors for the purpose of disposing of those cases filed in chancery court. In judicial districts in which one (1) or more chancellors remain, the clerk and master shall continue to be selected as provided by law. Acts 1984, ch. 931, § 4.
In those judicial districts in which this part has left a particular district without a chancellor, all trial court judges within that district shall be designated as chancellors for the purpose of selecting the clerk and master. The trial court judges shall also sit as chancellors for the purpose of disposing of those cases filed in chancery court. In judicial districts in which one (1) or more chancellors remain, the clerk and master shall continue to be selected as provided by law.
Acts 1984, ch. 931, § 4.
Tenn. Code Ann. § 16-11-202 — TN Code / Title 16 / Chapter 11 / Section 16-11-202
Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution
Status: in_force

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-11-206 , may petition the chancery court that entered the judicial commitment or adjudication order or the chancery court where the petitioner resides for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later. (b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner. (c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning: (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ; (2) The petitioner's mental health records; (3) The petitioner's criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the relief sought. (d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following: (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) Granting the relief would not be contrary to the public interest. (e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means. (f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo. (g) A person may file a petition for relief under this section no more than once every two (2) years. (h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted. (i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall: (1) Immediately forward a copy of the order to the department of safety; (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control. (j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section. Amended by 2024 Tenn. Acts, ch. 784,s 4, eff. 7/1/2024. Added by 2015 Tenn. Acts, ch. 459, s 2, eff. 7/1/2015.
(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-11-206 , may petition the chancery court that entered the judicial commitment or adjudication order or the chancery court where the petitioner resides for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning: (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ; (2) The petitioner's mental health records; (3) The petitioner's criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ;
(2) The petitioner's mental health records;
(3) The petitioner's criminal history;
(4) The petitioner's reputation; and
(5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following: (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) Granting the relief would not be contrary to the public interest.
(1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
(2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall: (1) Immediately forward a copy of the order to the department of safety; (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(1) Immediately forward a copy of the order to the department of safety;
(2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
(3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.
Amended by 2024 Tenn. Acts, ch. 784,s 4, eff. 7/1/2024.
Added by 2015 Tenn. Acts, ch. 459, s 2, eff. 7/1/2015.
Tenn. Code Ann. § 16-3-201 — TN Code / Title 16 / Chapter 3 / Section 16-3-201
Jurisdiction
Status: in_force

(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is now conferred by law upon the present supreme court. (b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code. (c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction. (d) (1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court. (2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve: (A) State taxes; (B) The right to hold or retain public office; or (C) Issues of constitutional law. (3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court. (4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section. (e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure. Amended by 2016 Tenn. Acts, ch. 755,s 1, eff. 4/12/2016. Code 1858, § 4496 (deriv. Acts 1822, ch. 13, § 4); Acts 1870, ch. 24, § 8; Shan., §§ 377, 6329; mod. Code 1932, §§ 634, 10631; T.C.A. (orig. ed.), § 16-304; Acts 1989, ch. 40, § 2; 1992, ch. 952, §§ 11, 12; 1994, ch. 573, § 1; 2001, ch. 256, § 1.
(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is now conferred by law upon the present supreme court.
(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code.
(c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction.
(d) (1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court. (2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve: (A) State taxes; (B) The right to hold or retain public office; or (C) Issues of constitutional law. (3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court. (4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section.
(1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court.
(2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve: (A) State taxes; (B) The right to hold or retain public office; or (C) Issues of constitutional law.
(A) State taxes;
(B) The right to hold or retain public office; or
(C) Issues of constitutional law.
(3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court.
(4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section.
(e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure.
Amended by 2016 Tenn. Acts, ch. 755,s 1, eff. 4/12/2016.
Code 1858, § 4496 (deriv. Acts 1822, ch. 13, § 4); Acts 1870, ch. 24, § 8; Shan., §§ 377, 6329; mod. Code 1932, §§ 634, 10631; T.C.A. (orig. ed.), § 16-304; Acts 1989, ch. 40, § 2; 1992, ch. 952, §§ 11, 12; 1994, ch. 573, § 1; 2001, ch. 256, § 1.
Tenn. Code Ann. § 16-15-708 — TN Code / Title 16 / Chapter 15 / Section 16-15-708
Subpoena of witnesses
Status: in_force

(a) The attendance of witnesses to give testimony in court or by deposition is procured by subpoena or summons, requiring the witness to be present at a prescribed place and time, to give testimony in a case or matter stated in the subpoena or summons, mentioning the names of the parties litigant and the party at whose instance the witness is to be summoned, and, if necessary, requiring the witness also to bring any books, papers, documents or tangible things stated in the subpoena or summons. The subpoena is issued by a judge or clerk of the court at any time, and to any county within the state, on request of the party wishing the process, and may be served by any person authorized to serve process, by delivering or offering to deliver a copy of the subpoena to the person to whom it is directed. If any person without cause refuses to appear, to testify or to produce evidence when duly subpoenaed to do so, that person shall be committed to jail by the court before whom that person is bound to testify, to remain in jail without bail until willing to testify or give evidence as the law directs. (b) This section shall govern when a judge or clerk is required to issue a subpoena and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed pursuant to this section. If any local rule of court conflicts with this section, this section shall prevail and the clerk or other official shall issue subpoenas and the judge shall punish the failure to respond to subpoenas in accordance with this section. Acts 1972, ch. 564, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A., § 16-1133; Acts 1997, ch. 377, § 1.
(a) The attendance of witnesses to give testimony in court or by deposition is procured by subpoena or summons, requiring the witness to be present at a prescribed place and time, to give testimony in a case or matter stated in the subpoena or summons, mentioning the names of the parties litigant and the party at whose instance the witness is to be summoned, and, if necessary, requiring the witness also to bring any books, papers, documents or tangible things stated in the subpoena or summons. The subpoena is issued by a judge or clerk of the court at any time, and to any county within the state, on request of the party wishing the process, and may be served by any person authorized to serve process, by delivering or offering to deliver a copy of the subpoena to the person to whom it is directed. If any person without cause refuses to appear, to testify or to produce evidence when duly subpoenaed to do so, that person shall be committed to jail by the court before whom that person is bound to testify, to remain in jail without bail until willing to testify or give evidence as the law directs.
(b) This section shall govern when a judge or clerk is required to issue a subpoena and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed pursuant to this section. If any local rule of court conflicts with this section, this section shall prevail and the clerk or other official shall issue subpoenas and the judge shall punish the failure to respond to subpoenas in accordance with this section.
Acts 1972, ch. 564, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A., § 16-1133; Acts 1997, ch. 377, § 1.