Tenn. Code Ann. § 29-34-303 — TN Code / Title 29 / Chapter 34 / Section 29-34-303
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "AMA guides to the evaluation of permanent impairment" means the most recent version of the American Medical Association's "Guidelines for Assessment of Permanent Medical Impairment" at the time of the performance of any examination or test required under this part; (2) "Board-certified" means the medical doctor is currently certified by one of the medical specialty boards approved by either the American Board of Medical Specialties or the American Osteopathic Board of Osteopathic Specialties; (3) "Board-certified in occupational medicine" means a medical doctor who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine; (4) "Board-certified oncologist" means a medical doctor who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine; (5) "Board-certified pathologist" means a medical doctor who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Internal Medicine; (6) "Board-certified pulmonary specialist" means a medical doctor who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine; (7) "Certified B-reader" means a person who has successfully completed the x-ray interpretation course sponsored by the national institute for occupational safety and health (NIOSH) and passed the B-reader certification examination for x-ray interpretation and whose NIOSH certification is current at the time of any readings required by this part; (8) (A) "Civil action" means all suits or claims of a civil nature in a court of record, whether cognizable as cases at law or in equity or admiralty; (B) "Civil action" does not include a civil action: (i) Relating to any claim for workers compensation under title 50; (ii) Alleging any claim or demand made against a trust established pursuant to 11 U.S.C. § 524(g) ; (iii) Alleging any claim or demand made against a trust established pursuant to a plan of reorganization confirmed under the federal bankruptcy code; or (iv) Arising under the Federal Employers Liability Act pursuant to 45 U.S.C. § 51 et seq.; (9) (A) "Competent medical authority" means a medical doctor who meets the following requirements: (i) The medical doctor is board-certified in occupational medicine, a board-certified oncologist, a board-certified pathologist, or a board-certified pulmonary specialist; (ii) The medical doctor is actually treating, or has treated, the exposed person and has or had a doctor-patient relationship with the exposed person, or in the case of a board-certified pathologist, has examined tissue samples of pathological slides of the exposed person at the request of a treating medical doctor; (iii) As the basis for the diagnosis, the medical doctor has not relied, in whole or in part, on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition: (a) In violation of any law, regulation, licensing requirement, or medical code of practice of the state in which that examination, test, or screening was conducted, with regard to the diagnosis set forth in the report required pursuant to § 29-34-305 ; (b) Outside the context of an existing doctor-patient relationship; or (c) That required the exposed person to agree to retain the services of a law firm or lawyer sponsoring the examination, test, or screening; and (iv) The medical doctor spends not more than twenty-five percent (25%) of the doctor's annual practice time in providing consulting or expert services in connection with prosecuting or defending actual or potential tort actions, and the medical doctor's medical group, professional corporation, clinic, or other affiliated group earns not more than twenty-five percent (25%) of its revenues from providing those services; (B) The requirements for determining "competent medical authority" set forth in subdivisions (9)(A)(ii)-(iv) may be waived by written agreement of all of the parties; (10) "Exposed person" means a person whose exposure to silica or mixed dust is the basis for a silicosis claim or mixed dust disease claim under this part; (11) "ILO scale" means the system for the classification of chest x-rays set forth in the International Labour Office's "Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses," 2000 edition, or if amended, the version in effect at the time of the performance of any examination or test on the exposed person required under this part; (12) "Lung cancer" means a malignant tumor in which the primary site of origin of the cancer is inside the lungs; (13) "Mixed dust" means a mixture of dusts composed of silica and one (1) or more other fibrogenic dusts capable of inducing pulmonary fibrosis if inhaled in sufficient quantity; (14) "Mixed dust disease claim" means any claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to inhalation of, exposure to, or contact with mixed dust. "Mixed dust disease claim" includes a claim made by or on behalf of any person who has been exposed to mixed dust, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to mixed dust; (15) "Mixed dust pneumoconiosis" means the lung disease caused by the pulmonary response to inhaled mixed dusts, and does not mean silicosis and another pneumoconiosis, including, but not limited to, asbestosis; (16) "Nonmalignant condition" means a condition, other than a diagnosed cancer, that is caused or may be caused by either silica or mixed dust, whichever is applicable; (17) "Pathological evidence of mixed dust pneumoconiosis" means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar and parenchymal stellate, star-shaped, nodular scarring and that there is no other more likely explanation for the presence of the fibrosis; (18) "Pathological evidence of silicosis" means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of round silica nodules and birefringent crystals or other demonstration of crystal structures consistent with silica, consisting of well-organized concentric whorls of collagen surrounded by inflammatory cells, in the lung parenchyma and that there is no other more likely explanation for the presence of the fibrosis; (19) "Physical impairment" means a condition of an exposed person as defined in § 29-34-304(a)(3), (b)(3), (b)(4), (c)(3) or (c)(4) ; (20) "Premises owner" means a person who owns, in whole or in part, leases, rents, maintains, or controls privately owned lands, ways, or waters, or any buildings and structures on those lands, ways, or waters, and all privately owned and state-owned lands, ways, or waters leased to a private person, firm, or organization, including any buildings and structures on those lands, ways, or waters; (21) "Radiological evidence of mixed dust pneumoconiosis" means an ILO quality chest x-ray read by a certified B-reader as showing bilateral rounded or irregular opacities in the upper lung fields graded at least 1/1 on the ILO scale; (22) "Radiological evidence of silicosis" means an ILO quality chest x-ray read by a certified B-reader as showing either bilateral small rounded opacities (p, q, or r) occurring primarily in the upper lung fields graded at least 1/1 on the ILO scale or A, B, or C sized opacities representing complicated silicosis, also known as progressive massive fibrosis; (23) "Silica" means a respirable crystalline form of the naturally occurring mineral form of silicon dioxide, including, but not limited to, quartz, cristobalite, and tridymite; (24) "Silica claim" means any claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to inhalation of, exposure to, or contact with silica. "Silica claim" includes a claim made by or on behalf of any person who has been exposed to silica, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to silica; (25) "Silicosis" means a lung disease caused by the pulmonary response to inhaled silica; (26) (A) "Substantial contributing factor" means both of the following: (i) Exposure to silica or mixed dust is the predominate cause of the physical impairment alleged in the silica claim or mixed dust disease claim, whichever is applicable; and (ii) A competent medical authority has determined with a reasonable degree of medical certainty that without the silica or mixed dust exposures the physical impairment of the exposed person would not have occurred; (B) In determining whether exposure to silica or mixed dust was a substantial contributing factor in causing the plaintiff's injury or loss, the trier of fact in the action shall consider, but not be limited to, all of the following: (i) The manner in which the plaintiff was exposed; (ii) The proximity of silica or mixed dust to the plaintiff when the exposure occurred; (iii) The frequency and length of the plaintiff's exposure; and (iv) Any factors that mitigated or enhanced the plaintiff's exposure to silica or mixed dust; (27) "Substantial occupational exposure to mixed dust" means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following: (A) Handled mixed dust; (B) Fabricated mixed dust-containing products so that the person was exposed to mixed dust in the fabrication process; (C) Altered, repaired, or otherwise worked with a mixed dust-containing product in a manner that exposed the person on a regular basis to mixed dust; or (D) Worked in close proximity to other workers who experienced substantial occupational exposure to silica in a manner that exposed the person on a regular basis to mixed dust; (28) "Substantial occupational exposure to silica" means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following: (A) Handled silica; (B) Fabricated silica-containing products so that the person was exposed to silica in the fabrication process; (C) Altered, repaired, or otherwise worked with a silica-containing product in a manner that exposed the person on a regular basis to silica; or (D) Worked in close proximity to workers who experienced substantial occupational exposure to mixed dust in a manner that exposed the person on a regular basis to silica; (29) "Veterans' benefit program" means any program for benefits in connection with military service under title 38 of the United States Code; and (30) "Workers' compensation law" means title 50, chapter 6, and judicial decisions rendered under title 50, chapter 6. Acts 2006, ch. 728, § 4.
As used in this part, unless the context otherwise requires:
(1) "AMA guides to the evaluation of permanent impairment" means the most recent version of the American Medical Association's "Guidelines for Assessment of Permanent Medical Impairment" at the time of the performance of any examination or test required under this part;
(2) "Board-certified" means the medical doctor is currently certified by one of the medical specialty boards approved by either the American Board of Medical Specialties or the American Osteopathic Board of Osteopathic Specialties;
(3) "Board-certified in occupational medicine" means a medical doctor who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine;
(4) "Board-certified oncologist" means a medical doctor who is certified in the subspecialty of medical oncology by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine;
(5) "Board-certified pathologist" means a medical doctor who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Internal Medicine;
(6) "Board-certified pulmonary specialist" means a medical doctor who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine;
(7) "Certified B-reader" means a person who has successfully completed the x-ray interpretation course sponsored by the national institute for occupational safety and health (NIOSH) and passed the B-reader certification examination for x-ray interpretation and whose NIOSH certification is current at the time of any readings required by this part;
(8) (A) "Civil action" means all suits or claims of a civil nature in a court of record, whether cognizable as cases at law or in equity or admiralty; (B) "Civil action" does not include a civil action: (i) Relating to any claim for workers compensation under title 50; (ii) Alleging any claim or demand made against a trust established pursuant to 11 U.S.C. § 524(g) ; (iii) Alleging any claim or demand made against a trust established pursuant to a plan of reorganization confirmed under the federal bankruptcy code; or (iv) Arising under the Federal Employers Liability Act pursuant to 45 U.S.C. § 51 et seq.;
(A) "Civil action" means all suits or claims of a civil nature in a court of record, whether cognizable as cases at law or in equity or admiralty;
(B) "Civil action" does not include a civil action: (i) Relating to any claim for workers compensation under title 50; (ii) Alleging any claim or demand made against a trust established pursuant to 11 U.S.C. § 524(g) ; (iii) Alleging any claim or demand made against a trust established pursuant to a plan of reorganization confirmed under the federal bankruptcy code; or (iv) Arising under the Federal Employers Liability Act pursuant to 45 U.S.C. § 51 et seq.;
(i) Relating to any claim for workers compensation under title 50;
(ii) Alleging any claim or demand made against a trust established pursuant to 11 U.S.C. § 524(g) ;
(iii) Alleging any claim or demand made against a trust established pursuant to a plan of reorganization confirmed under the federal bankruptcy code; or
(iv) Arising under the Federal Employers Liability Act pursuant to 45 U.S.C. § 51 et seq.;
(9) (A) "Competent medical authority" means a medical doctor who meets the following requirements: (i) The medical doctor is board-certified in occupational medicine, a board-certified oncologist, a board-certified pathologist, or a board-certified pulmonary specialist; (ii) The medical doctor is actually treating, or has treated, the exposed person and has or had a doctor-patient relationship with the exposed person, or in the case of a board-certified pathologist, has examined tissue samples of pathological slides of the exposed person at the request of a treating medical doctor; (iii) As the basis for the diagnosis, the medical doctor has not relied, in whole or in part, on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition: (a) In violation of any law, regulation, licensing requirement, or medical code of practice of the state in which that examination, test, or screening was conducted, with regard to the diagnosis set forth in the report required pursuant to § 29-34-305 ; (b) Outside the context of an existing doctor-patient relationship; or (c) That required the exposed person to agree to retain the services of a law firm or lawyer sponsoring the examination, test, or screening; and (iv) The medical doctor spends not more than twenty-five percent (25%) of the doctor's annual practice time in providing consulting or expert services in connection with prosecuting or defending actual or potential tort actions, and the medical doctor's medical group, professional corporation, clinic, or other affiliated group earns not more than twenty-five percent (25%) of its revenues from providing those services; (B) The requirements for determining "competent medical authority" set forth in subdivisions (9)(A)(ii)-(iv) may be waived by written agreement of all of the parties;
(A) "Competent medical authority" means a medical doctor who meets the following requirements: (i) The medical doctor is board-certified in occupational medicine, a board-certified oncologist, a board-certified pathologist, or a board-certified pulmonary specialist; (ii) The medical doctor is actually treating, or has treated, the exposed person and has or had a doctor-patient relationship with the exposed person, or in the case of a board-certified pathologist, has examined tissue samples of pathological slides of the exposed person at the request of a treating medical doctor; (iii) As the basis for the diagnosis, the medical doctor has not relied, in whole or in part, on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition: (a) In violation of any law, regulation, licensing requirement, or medical code of practice of the state in which that examination, test, or screening was conducted, with regard to the diagnosis set forth in the report required pursuant to § 29-34-305 ; (b) Outside the context of an existing doctor-patient relationship; or (c) That required the exposed person to agree to retain the services of a law firm or lawyer sponsoring the examination, test, or screening; and (iv) The medical doctor spends not more than twenty-five percent (25%) of the doctor's annual practice time in providing consulting or expert services in connection with prosecuting or defending actual or potential tort actions, and the medical doctor's medical group, professional corporation, clinic, or other affiliated group earns not more than twenty-five percent (25%) of its revenues from providing those services;
(i) The medical doctor is board-certified in occupational medicine, a board-certified oncologist, a board-certified pathologist, or a board-certified pulmonary specialist;
(ii) The medical doctor is actually treating, or has treated, the exposed person and has or had a doctor-patient relationship with the exposed person, or in the case of a board-certified pathologist, has examined tissue samples of pathological slides of the exposed person at the request of a treating medical doctor;
(iii) As the basis for the diagnosis, the medical doctor has not relied, in whole or in part, on the reports or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, or screening of the exposed person's medical condition: (a) In violation of any law, regulation, licensing requirement, or medical code of practice of the state in which that examination, test, or screening was conducted, with regard to the diagnosis set forth in the report required pursuant to § 29-34-305 ; (b) Outside the context of an existing doctor-patient relationship; or (c) That required the exposed person to agree to retain the services of a law firm or lawyer sponsoring the examination, test, or screening; and
(a) In violation of any law, regulation, licensing requirement, or medical code of practice of the state in which that examination, test, or screening was conducted, with regard to the diagnosis set forth in the report required pursuant to § 29-34-305 ;
(b) Outside the context of an existing doctor-patient relationship; or
(c) That required the exposed person to agree to retain the services of a law firm or lawyer sponsoring the examination, test, or screening; and
(iv) The medical doctor spends not more than twenty-five percent (25%) of the doctor's annual practice time in providing consulting or expert services in connection with prosecuting or defending actual or potential tort actions, and the medical doctor's medical group, professional corporation, clinic, or other affiliated group earns not more than twenty-five percent (25%) of its revenues from providing those services;
(B) The requirements for determining "competent medical authority" set forth in subdivisions (9)(A)(ii)-(iv) may be waived by written agreement of all of the parties;
(10) "Exposed person" means a person whose exposure to silica or mixed dust is the basis for a silicosis claim or mixed dust disease claim under this part;
(11) "ILO scale" means the system for the classification of chest x-rays set forth in the International Labour Office's "Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses," 2000 edition, or if amended, the version in effect at the time of the performance of any examination or test on the exposed person required under this part;
(12) "Lung cancer" means a malignant tumor in which the primary site of origin of the cancer is inside the lungs;
(13) "Mixed dust" means a mixture of dusts composed of silica and one (1) or more other fibrogenic dusts capable of inducing pulmonary fibrosis if inhaled in sufficient quantity;
(14) "Mixed dust disease claim" means any claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to inhalation of, exposure to, or contact with mixed dust. "Mixed dust disease claim" includes a claim made by or on behalf of any person who has been exposed to mixed dust, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to mixed dust;
(15) "Mixed dust pneumoconiosis" means the lung disease caused by the pulmonary response to inhaled mixed dusts, and does not mean silicosis and another pneumoconiosis, including, but not limited to, asbestosis;
(16) "Nonmalignant condition" means a condition, other than a diagnosed cancer, that is caused or may be caused by either silica or mixed dust, whichever is applicable;
(17) "Pathological evidence of mixed dust pneumoconiosis" means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar and parenchymal stellate, star-shaped, nodular scarring and that there is no other more likely explanation for the presence of the fibrosis;
(18) "Pathological evidence of silicosis" means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of round silica nodules and birefringent crystals or other demonstration of crystal structures consistent with silica, consisting of well-organized concentric whorls of collagen surrounded by inflammatory cells, in the lung parenchyma and that there is no other more likely explanation for the presence of the fibrosis;
(19) "Physical impairment" means a condition of an exposed person as defined in § 29-34-304(a)(3), (b)(3), (b)(4), (c)(3) or (c)(4) ;
(20) "Premises owner" means a person who owns, in whole or in part, leases, rents, maintains, or controls privately owned lands, ways, or waters, or any buildings and structures on those lands, ways, or waters, and all privately owned and state-owned lands, ways, or waters leased to a private person, firm, or organization, including any buildings and structures on those lands, ways, or waters;
(21) "Radiological evidence of mixed dust pneumoconiosis" means an ILO quality chest x-ray read by a certified B-reader as showing bilateral rounded or irregular opacities in the upper lung fields graded at least 1/1 on the ILO scale;
(22) "Radiological evidence of silicosis" means an ILO quality chest x-ray read by a certified B-reader as showing either bilateral small rounded opacities (p, q, or r) occurring primarily in the upper lung fields graded at least 1/1 on the ILO scale or A, B, or C sized opacities representing complicated silicosis, also known as progressive massive fibrosis;
(23) "Silica" means a respirable crystalline form of the naturally occurring mineral form of silicon dioxide, including, but not limited to, quartz, cristobalite, and tridymite;
(24) "Silica claim" means any claim for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to inhalation of, exposure to, or contact with silica. "Silica claim" includes a claim made by or on behalf of any person who has been exposed to silica, or any representative, spouse, parent, child, or other relative of that person, for injury, including mental or emotional injury, death, or loss to the person, risk of disease or other injury, costs of medical monitoring or surveillance, or any other effects on the person's health that are caused by the person's exposure to silica;
(25) "Silicosis" means a lung disease caused by the pulmonary response to inhaled silica;
(26) (A) "Substantial contributing factor" means both of the following: (i) Exposure to silica or mixed dust is the predominate cause of the physical impairment alleged in the silica claim or mixed dust disease claim, whichever is applicable; and (ii) A competent medical authority has determined with a reasonable degree of medical certainty that without the silica or mixed dust exposures the physical impairment of the exposed person would not have occurred; (B) In determining whether exposure to silica or mixed dust was a substantial contributing factor in causing the plaintiff's injury or loss, the trier of fact in the action shall consider, but not be limited to, all of the following: (i) The manner in which the plaintiff was exposed; (ii) The proximity of silica or mixed dust to the plaintiff when the exposure occurred; (iii) The frequency and length of the plaintiff's exposure; and (iv) Any factors that mitigated or enhanced the plaintiff's exposure to silica or mixed dust;
(A) "Substantial contributing factor" means both of the following: (i) Exposure to silica or mixed dust is the predominate cause of the physical impairment alleged in the silica claim or mixed dust disease claim, whichever is applicable; and (ii) A competent medical authority has determined with a reasonable degree of medical certainty that without the silica or mixed dust exposures the physical impairment of the exposed person would not have occurred;
(i) Exposure to silica or mixed dust is the predominate cause of the physical impairment alleged in the silica claim or mixed dust disease claim, whichever is applicable; and
(ii) A competent medical authority has determined with a reasonable degree of medical certainty that without the silica or mixed dust exposures the physical impairment of the exposed person would not have occurred;
(B) In determining whether exposure to silica or mixed dust was a substantial contributing factor in causing the plaintiff's injury or loss, the trier of fact in the action shall consider, but not be limited to, all of the following: (i) The manner in which the plaintiff was exposed; (ii) The proximity of silica or mixed dust to the plaintiff when the exposure occurred; (iii) The frequency and length of the plaintiff's exposure; and (iv) Any factors that mitigated or enhanced the plaintiff's exposure to silica or mixed dust;
(i) The manner in which the plaintiff was exposed;
(ii) The proximity of silica or mixed dust to the plaintiff when the exposure occurred;
(iii) The frequency and length of the plaintiff's exposure; and
(iv) Any factors that mitigated or enhanced the plaintiff's exposure to silica or mixed dust;
(27) "Substantial occupational exposure to mixed dust" means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following: (A) Handled mixed dust; (B) Fabricated mixed dust-containing products so that the person was exposed to mixed dust in the fabrication process; (C) Altered, repaired, or otherwise worked with a mixed dust-containing product in a manner that exposed the person on a regular basis to mixed dust; or (D) Worked in close proximity to other workers who experienced substantial occupational exposure to silica in a manner that exposed the person on a regular basis to mixed dust;
(A) Handled mixed dust;
(B) Fabricated mixed dust-containing products so that the person was exposed to mixed dust in the fabrication process;
(C) Altered, repaired, or otherwise worked with a mixed dust-containing product in a manner that exposed the person on a regular basis to mixed dust; or
(D) Worked in close proximity to other workers who experienced substantial occupational exposure to silica in a manner that exposed the person on a regular basis to mixed dust;
(28) "Substantial occupational exposure to silica" means employment for a cumulative period of at least five (5) years in an industry and an occupation in which, for a substantial portion of a normal work year for that occupation, the exposed person did any of the following: (A) Handled silica; (B) Fabricated silica-containing products so that the person was exposed to silica in the fabrication process; (C) Altered, repaired, or otherwise worked with a silica-containing product in a manner that exposed the person on a regular basis to silica; or (D) Worked in close proximity to workers who experienced substantial occupational exposure to mixed dust in a manner that exposed the person on a regular basis to silica;
(A) Handled silica;
(B) Fabricated silica-containing products so that the person was exposed to silica in the fabrication process;
(C) Altered, repaired, or otherwise worked with a silica-containing product in a manner that exposed the person on a regular basis to silica; or
(D) Worked in close proximity to workers who experienced substantial occupational exposure to mixed dust in a manner that exposed the person on a regular basis to silica;
(29) "Veterans' benefit program" means any program for benefits in connection with military service under title 38 of the United States Code; and
(30) "Workers' compensation law" means title 50, chapter 6, and judicial decisions rendered under title 50, chapter 6.
Acts 2006, ch. 728, § 4.
Tenn. Code Ann. § 29-30-103 — TN Code / Title 29 / Chapter 30 / Section 29-30-103
Complaint or warrant - Affidavit - Exhibit
Status: in_force

(a) The action to recover personal property shall be commenced by filing a complaint in the circuit or chancery court, or by causing a warrant to issue in the general sessions court. (b) If the plaintiff's right of possession is founded upon a writing, a copy of the writing shall be attached as an exhibit to the affidavit. (c) The complaint or warrant shall be sworn to, or have attached a sworn affidavit. The following facts shall be sworn to: (1) That the plaintiff is entitled to possession of the described property and the reason plaintiff is so entitled; (2) A description which reasonably identifies the property sought; and (3) The value of the property. Acts 1973, ch. 365, § 3; T.C.A., § 23-2343.
(a) The action to recover personal property shall be commenced by filing a complaint in the circuit or chancery court, or by causing a warrant to issue in the general sessions court.
(b) If the plaintiff's right of possession is founded upon a writing, a copy of the writing shall be attached as an exhibit to the affidavit.
(c) The complaint or warrant shall be sworn to, or have attached a sworn affidavit. The following facts shall be sworn to: (1) That the plaintiff is entitled to possession of the described property and the reason plaintiff is so entitled; (2) A description which reasonably identifies the property sought; and (3) The value of the property.
(1) That the plaintiff is entitled to possession of the described property and the reason plaintiff is so entitled;
(2) A description which reasonably identifies the property sought; and
(3) The value of the property.
Acts 1973, ch. 365, § 3; T.C.A., § 23-2343.
Tenn. Code Ann. § 29-14-101 — TN Code / Title 29 / Chapter 14 / Section 29-14-101
Definition of person
Status: in_force

"Person," wherever used in this chapter, is construed to mean any person, partnership, joint stock company, trust, unincorporated association, or society, or municipal or other corporation of any character whatsoever. Acts 1923, ch. 29, § 13; Shan. Supp., § 4726a13; Code 1932, §8847; T.C.A. (orig. ed.), §23-1101; 2012 , ch. 886, § 3.
"Person," wherever used in this chapter, is construed to mean any person, partnership, joint stock company, trust, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
Acts 1923, ch. 29, § 13; Shan. Supp., § 4726a13; Code 1932, §8847; T.C.A. (orig. ed.), §23-1101; 2012 , ch. 886, § 3.
Tenn. Code Ann. § 29-37-101 — TN Code / Title 29 / Chapter 37 / Section 29-37-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Equal Access to Justice Act of 1984." Acts 1984, ch. 495, § 1.
This chapter shall be known and may be cited as the "Equal Access to Justice Act of 1984."
Acts 1984, ch. 495, § 1.
Tenn. Code Ann. § 29-16-122 — TN Code / Title 29 / Chapter 16 / Section 29-16-122
Prerequisites to occupation
Status: in_force

No person or company shall, however, enter upon such land for the purpose of actually occupying the right-of-way, until the damages assessed by the jury of inquest and the costs have been actually paid; or if an appeal has been taken, until the bond has been given to abide by the final judgment as provided in § 29-16-120 . Code 1858, § 1346; Shan., § 1865; Code 1932, § 3130; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1422.
No person or company shall, however, enter upon such land for the purpose of actually occupying the right-of-way, until the damages assessed by the jury of inquest and the costs have been actually paid; or if an appeal has been taken, until the bond has been given to abide by the final judgment as provided in § 29-16-120 .
Code 1858, § 1346; Shan., § 1865; Code 1932, § 3130; C. Supp. 1950, § 3130; T.C.A. (orig. ed.), § 23-1422.
Tenn. Code Ann. § 29-6-140 — TN Code / Title 29 / Chapter 6 / Section 29-6-140
Appointment of receiver
Status: in_force

The court before whom the suit is pending, may, at any time, appoint a receiver to take possession of property attached under this chapter or chapter 7 of this title, and to collect, manage, and control the same, and pay over the proceeds according to the nature of the property and exigency of the case. Code 1858, § 3503; Shan., § 5263; Code 1932, § 9454; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-640.
The court before whom the suit is pending, may, at any time, appoint a receiver to take possession of property attached under this chapter or chapter 7 of this title, and to collect, manage, and control the same, and pay over the proceeds according to the nature of the property and exigency of the case.
Code 1858, § 3503; Shan., § 5263; Code 1932, § 9454; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-640.
Tenn. Code Ann. § 29-17-912 — TN Code / Title 29 / Chapter 17 / Section 29-17-912
Costs of trial
Status: in_force

(a) (1) If the amount of compensation awarded at the trial shall exceed the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk shall be taxed against the condemner. If the amount of compensation awarded at the trial is not in excess of the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk may be taxed against the defendants. (2) Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs. (b) (1) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency or other entity to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of condemnation proceedings, only if: (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or (B) The proceeding is abandoned by the acquiring party. (2) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency, or other entity to acquire real property, which is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of condemnation proceedings; provided, that reasonable attorney fees shall be awarded only if: (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or (B) The proceeding is abandoned by the acquiring party. Amended by 2017 Tenn. Acts, ch. 422,Secs.s5, s6 eff. 5/18/2017. Acts 1959, ch. 216, § 12; 1972, ch. 463, § 2; 1973, ch. 140, § 1; T.C.A., § 23-1539; Acts 1994, ch. 931, § 1; T.C.A. § 29-17-812; Acts 2006, ch. 863, § 1.
(a) (1) If the amount of compensation awarded at the trial shall exceed the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk shall be taxed against the condemner. If the amount of compensation awarded at the trial is not in excess of the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk may be taxed against the defendants. (2) Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs.
(1) If the amount of compensation awarded at the trial shall exceed the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk shall be taxed against the condemner. If the amount of compensation awarded at the trial is not in excess of the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk may be taxed against the defendants.
(2) Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs.
(b) (1) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency or other entity to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of condemnation proceedings, only if: (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or (B) The proceeding is abandoned by the acquiring party. (2) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency, or other entity to acquire real property, which is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of condemnation proceedings; provided, that reasonable attorney fees shall be awarded only if: (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or (B) The proceeding is abandoned by the acquiring party.
(1) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency or other entity to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of condemnation proceedings, only if: (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or (B) The proceeding is abandoned by the acquiring party.
(A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
(B) The proceeding is abandoned by the acquiring party.
(2) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency, or other entity to acquire real property, which is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of condemnation proceedings; provided, that reasonable attorney fees shall be awarded only if: (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or (B) The proceeding is abandoned by the acquiring party.
(A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
(B) The proceeding is abandoned by the acquiring party.
Amended by 2017 Tenn. Acts, ch. 422,Secs.s5, s6 eff. 5/18/2017.
Acts 1959, ch. 216, § 12; 1972, ch. 463, § 2; 1973, ch. 140, § 1; T.C.A., § 23-1539; Acts 1994, ch. 931, § 1; T.C.A. § 29-17-812; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-16-121 — TN Code / Title 29 / Chapter 16 / Section 29-16-121
Preliminary surveys
Status: in_force

A person or company actually intending to make application for the privileges herein contemplated, and entering upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages. Code 1858, § 1345; Shan., § 1864; Code 1932, § 3129; T.C.A. (orig. ed.), § 23-1421.
A person or company actually intending to make application for the privileges herein contemplated, and entering upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
Code 1858, § 1345; Shan., § 1864; Code 1932, § 3129; T.C.A. (orig. ed.), § 23-1421.
Tenn. Code Ann. § 29-30-104 — TN Code / Title 29 / Chapter 30 / Section 29-30-104
Filing of action - Process - Possessory hearing - Procedure - Forms
Status: in_force

(a) The action to recover personal property shall be filed with the clerk and process shall issue. The process shall show on its face that a possessory hearing will be held on a date and a time specified before the judge or chancellor of the court where the action is filed. (b) The purpose of the possessory hearing is to protect the defendant's use and possession of the property from arbitrary or mistaken deprivation. If the judge shall, after conducting the possessory hearing, find that the plaintiff's claim for immediate possession should be sustained, the judge shall issue a writ of possession. (c) The possessory hearing shall be held in not less than five (5) nor more than twenty (20) days after the process is served upon the defendant; provided, failure to do so within the time period shall not be grounds for dismissal. (d) The process shall notify the defendant that if the defendant fails to appear and offer evidence, the court shall issue the writ of possession, and in actions filed in courts of general sessions, the process shall also notify the defendant that if the defendant fails to appear and offer evidence, the judge shall enter a default judgment for the relief sought in the warrant. (e) Whether or not the claim for immediate possession is allowed at a possessory hearing the action commenced hereunder shall be tried in all respects as other actions are tried in the particular court in which it is filed. (f) The process in general sessions court shall have attached or annexed to it a blank form for the use of the court in entering its judgment and a blank form for the use of the defendant or defendants in waiving a hearing, all of which shall be in substantially the following form: "State of Tennessee County of ______________ To any lawful officer to execute and return: Summon ______________ to appear before the court of general sessions of ______________ County, Tennessee, to be held in the courtroom of the court in that county, on the ____________________ day of ____________________, 20 ____________________, at ____________________ a.m., then and there to answer in a civil action brought by ______________ for ______________ under $____________________. This is the ____________________ day of ____________________, 20____________________. Clerk of the Court of General Sessions By: ____________________ Deputy Clerk Judgment for the plaintiff for $____________________ and the costs of the cause, and for the possession of the property described in the warrant. The officer is hereby directed to take the property described in the warrant out of the possession of the defendant(s) and deliver the same to the plaintiff(s). The plaintiff(s) shall dispose of the property in accordance with the applicable provisions of the Uniform Commercial Code and shall notify the defendant(s) the amount to be credited against this judgment prior to the issuance of any writ of execution. This ____________________ day of ____________________, 20____________________. ______________ Judge" "WAIVER I (we), ______________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer, and I (we) acknowledge that if I (we) do not appear and answer as to the merits of the matter on the date specified herein, that a default judgment may be entered against me (us). I (we) the defendant(s) herein acknowledge that the process server has read and explained to me (us) that I (we) have a constitutional right to a hearing and that I (we) are not required to sign this document of waiver and that I (we) have signed this document of waiver voluntarily. ______________ Defendant(s)" If the action to recover personal property is an action to satisfy a lien on a motor vehicle for repayment of a loan, the process in general sessions court shall also have attached or annexed to it a blank inventory from which shall be in substantially the following form: "INVENTORY I (we), ______________ ______________, the defendant(s) herein, acknowledge that the following items are attached to or a part of the motor vehicle which is the subject of this action as described by the officer serving this process: (1) ______________ ______________ ______________ (tires, type and model) (2) ______________ ______________ (radio equipment) (3) ______________ ______________ (stereo or tape equipment) (4) ______________ ______________ (citizen's band radio) (5) ______________ ______________ (other special items added to vehicle after purchase) ______________ Defendant(s) ______________ (Date) ______________ ______________ Officer Serving Process (Date)" (g) No objection shall be made as to the form of process if the essential matters of this section are set forth in the process. (h) The process in all other courts shall have attached or annexed to it a blank form for the use of the defendant or defendants in waiving a hearing, all of which shall be in substantially the following form: "State of Tennessee County of ______________ To the Sheriff of ______________ County: I command you to summon the defendant, ______________, to appear before ______________, judge or chancellor for this county, on the ____________________ day of ____________________, 20____________________, and answer the complaint of the plaintiff, ______________, for recovery of the following property: ______________ (Describe property) This the ____________________ day of ____________________, 20____________________ Circuit Court Clerk (or Clerk and Master) By: ______________" "WAIVER I (we), ______________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer and acknowledge that if I (we) do not appear and answer as to the entire matter on the date specified herein, a default judgment may be entered against me (us). ____________________ Defendant(s)" Acts 1973, ch. 365, § 4; 1979, ch. 290, § 1; T.C.A., § 23-2344.
(a) The action to recover personal property shall be filed with the clerk and process shall issue. The process shall show on its face that a possessory hearing will be held on a date and a time specified before the judge or chancellor of the court where the action is filed.
(b) The purpose of the possessory hearing is to protect the defendant's use and possession of the property from arbitrary or mistaken deprivation. If the judge shall, after conducting the possessory hearing, find that the plaintiff's claim for immediate possession should be sustained, the judge shall issue a writ of possession.
(c) The possessory hearing shall be held in not less than five (5) nor more than twenty (20) days after the process is served upon the defendant; provided, failure to do so within the time period shall not be grounds for dismissal.
(d) The process shall notify the defendant that if the defendant fails to appear and offer evidence, the court shall issue the writ of possession, and in actions filed in courts of general sessions, the process shall also notify the defendant that if the defendant fails to appear and offer evidence, the judge shall enter a default judgment for the relief sought in the warrant.
(e) Whether or not the claim for immediate possession is allowed at a possessory hearing the action commenced hereunder shall be tried in all respects as other actions are tried in the particular court in which it is filed.
(f) The process in general sessions court shall have attached or annexed to it a blank form for the use of the court in entering its judgment and a blank form for the use of the defendant or defendants in waiving a hearing, all of which shall be in substantially the following form: "State of Tennessee County of ______________ To any lawful officer to execute and return: Summon ______________ to appear before the court of general sessions of ______________ County, Tennessee, to be held in the courtroom of the court in that county, on the ____________________ day of ____________________, 20 ____________________, at ____________________ a.m., then and there to answer in a civil action brought by ______________ for ______________ under $____________________. This is the ____________________ day of ____________________, 20____________________. Clerk of the Court of General Sessions By: ____________________ Deputy Clerk Judgment for the plaintiff for $____________________ and the costs of the cause, and for the possession of the property described in the warrant. The officer is hereby directed to take the property described in the warrant out of the possession of the defendant(s) and deliver the same to the plaintiff(s). The plaintiff(s) shall dispose of the property in accordance with the applicable provisions of the Uniform Commercial Code and shall notify the defendant(s) the amount to be credited against this judgment prior to the issuance of any writ of execution. This ____________________ day of ____________________, 20____________________. ______________ Judge" "WAIVER I (we), ______________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer, and I (we) acknowledge that if I (we) do not appear and answer as to the merits of the matter on the date specified herein, that a default judgment may be entered against me (us). I (we) the defendant(s) herein acknowledge that the process server has read and explained to me (us) that I (we) have a constitutional right to a hearing and that I (we) are not required to sign this document of waiver and that I (we) have signed this document of waiver voluntarily. ______________ Defendant(s)" If the action to recover personal property is an action to satisfy a lien on a motor vehicle for repayment of a loan, the process in general sessions court shall also have attached or annexed to it a blank inventory from which shall be in substantially the following form: "INVENTORY I (we), ______________ ______________, the defendant(s) herein, acknowledge that the following items are attached to or a part of the motor vehicle which is the subject of this action as described by the officer serving this process: (1) ______________ ______________ ______________ (tires, type and model) (2) ______________ ______________ (radio equipment) (3) ______________ ______________ (stereo or tape equipment) (4) ______________ ______________ (citizen's band radio) (5) ______________ ______________ (other special items added to vehicle after purchase) ______________ Defendant(s) ______________ (Date) ______________ ______________ Officer Serving Process (Date)"
"State of Tennessee
County of ______________
To any lawful officer to execute and return:
Summon ______________ to appear before the court of general sessions of ______________ County, Tennessee, to be held in the courtroom of the court in that county, on the ____________________ day of ____________________, 20 ____________________, at ____________________ a.m., then and there to answer in a civil action brought by ______________ for ______________ under $____________________.
This is the ____________________ day of ____________________, 20____________________.
Clerk of the Court of General
Sessions
By: ____________________
Deputy Clerk
Judgment for the plaintiff for $____________________ and the costs of the cause, and for the possession of the property described in the warrant. The officer is hereby directed to take the property described in the warrant out of the possession of the defendant(s) and deliver the same to the plaintiff(s). The plaintiff(s) shall dispose of the property in accordance with the applicable provisions of the Uniform Commercial Code and shall notify the defendant(s) the amount to be credited against this judgment prior to the issuance of any writ of execution.
This ____________________ day of ____________________, 20____________________.
______________
Judge"
"WAIVER
I (we), ______________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer, and I (we) acknowledge that if I (we) do not appear and answer as to the merits of the matter on the date specified herein, that a default judgment may be entered against me (us). I (we) the defendant(s) herein acknowledge that the process server has read and explained to me (us) that I (we) have a constitutional right to a hearing and that I (we) are not required to sign this document of waiver and that I (we) have signed this document of waiver voluntarily.
______________
Defendant(s)"
If the action to recover personal property is an action to satisfy a lien on a motor vehicle for repayment of a loan, the process in general sessions court shall also have attached or annexed to it a blank inventory from which shall be in substantially the following form:
"INVENTORY
I (we), ______________ ______________, the defendant(s) herein, acknowledge that the following items are attached to or a part of the motor vehicle which is the subject of this action as described by the officer serving this process:
(1) ______________ ______________ ______________ (tires, type and model)
(2) ______________ ______________ (radio equipment)
(3) ______________ ______________ (stereo or tape equipment)
(4) ______________ ______________ (citizen's band radio)
(5) ______________ ______________ (other special items added to vehicle after purchase) ______________ Defendant(s) ______________ (Date) ______________ ______________ Officer Serving Process (Date)"
______________
Defendant(s) ______________
(Date)
______________ ______________
Officer Serving Process
(Date)"
(g) No objection shall be made as to the form of process if the essential matters of this section are set forth in the process.
(h) The process in all other courts shall have attached or annexed to it a blank form for the use of the defendant or defendants in waiving a hearing, all of which shall be in substantially the following form: "State of Tennessee County of ______________ To the Sheriff of ______________ County: I command you to summon the defendant, ______________, to appear before ______________, judge or chancellor for this county, on the ____________________ day of ____________________, 20____________________, and answer the complaint of the plaintiff, ______________, for recovery of the following property: ______________ (Describe property) This the ____________________ day of ____________________, 20____________________ Circuit Court Clerk (or Clerk and Master) By: ______________" "WAIVER I (we), ______________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer and acknowledge that if I (we) do not appear and answer as to the entire matter on the date specified herein, a default judgment may be entered against me (us). ____________________ Defendant(s)"
"State of Tennessee
County of ______________
To the Sheriff of ______________ County:
I command you to summon the defendant, ______________, to appear before ______________, judge or chancellor for this county, on the ____________________ day of ____________________, 20____________________, and answer the complaint of the plaintiff, ______________, for recovery of the following property:
______________
(Describe property)
This the ____________________ day of ____________________, 20____________________
Circuit Court Clerk (or Clerk and Master)
By: ______________"
"WAIVER
I (we), ______________, the defendant(s) herein, acknowledge that the plaintiff is entitled to possession of the described property, and I (we) hereby voluntarily waive any right to a hearing by tendering the property herewith to the officer and acknowledge that if I (we) do not appear and answer as to the entire matter on the date specified herein, a default judgment may be entered against me (us).
____________________
Defendant(s)"
Acts 1973, ch. 365, § 4; 1979, ch. 290, § 1; T.C.A., § 23-2344.
Tenn. Code Ann. § 29-6-104 — TN Code / Title 29 / Chapter 6 / Section 29-6-104
Judgment postponed until debt due
Status: in_force

No final judgment or decree shall be rendered upon attachment under § 29-6-102 or § 29-6-103 , until the debt or demand upon which it is based becomes due; nor shall any property levied upon thereby be sold, until final judgment or decree, except property of a perishable nature, which may be sold as in other attachment cases. Code 1858, § 3458 (deriv. Acts 1855-1856, ch. 50, § 1); Shan., §5215; Code 1932, § 9402; T.C.A. (orig. ed.), § 23-604.
No final judgment or decree shall be rendered upon attachment under § 29-6-102 or § 29-6-103 , until the debt or demand upon which it is based becomes due; nor shall any property levied upon thereby be sold, until final judgment or decree, except property of a perishable nature, which may be sold as in other attachment cases.
Code 1858, § 3458 (deriv. Acts 1855-1856, ch. 50, § 1); Shan., §5215; Code 1932, § 9402; T.C.A. (orig. ed.), § 23-604.
Tenn. Code Ann. § 29-21-126 — TN Code / Title 29 / Chapter 21 / Section 29-21-126
Costs on discharge of criminal defendant
Status: in_force

(a) Where the defendant in a criminal prosecution is brought before any circuit or criminal judge on a writ of habeas corpus, and discharged by the judge, the costs shall be paid as in other state cases, when the defendant is tried and acquitted by a jury. (b) (1) When the defendant in the cases provided for in this section is charged with a felony, the judge shall make out and certify the bill of costs, and deliver the same to the clerk of the circuit court before which the defendant is bound to appear, by whom the costs shall be collected and paid out as in other cases. (2) If the defendant is charged with a misdemeanor, the judge shall deliver the bill of costs, made out and certified as before, to the court of general sessions of the county in which the defendant was charged with committing the offense, by whom the same shall be allowed as in other cases. Code 1858, §§ 3763-3765 (deriv. Acts 1853-1854, ch. 40, §§1-3); Shan., §§ 5543-5545; Code 1932, §§9713-9715; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1835.
(a) Where the defendant in a criminal prosecution is brought before any circuit or criminal judge on a writ of habeas corpus, and discharged by the judge, the costs shall be paid as in other state cases, when the defendant is tried and acquitted by a jury.
(b) (1) When the defendant in the cases provided for in this section is charged with a felony, the judge shall make out and certify the bill of costs, and deliver the same to the clerk of the circuit court before which the defendant is bound to appear, by whom the costs shall be collected and paid out as in other cases. (2) If the defendant is charged with a misdemeanor, the judge shall deliver the bill of costs, made out and certified as before, to the court of general sessions of the county in which the defendant was charged with committing the offense, by whom the same shall be allowed as in other cases.
(1) When the defendant in the cases provided for in this section is charged with a felony, the judge shall make out and certify the bill of costs, and deliver the same to the clerk of the circuit court before which the defendant is bound to appear, by whom the costs shall be collected and paid out as in other cases.
(2) If the defendant is charged with a misdemeanor, the judge shall deliver the bill of costs, made out and certified as before, to the court of general sessions of the county in which the defendant was charged with committing the offense, by whom the same shall be allowed as in other cases.
Code 1858, §§ 3763-3765 (deriv. Acts 1853-1854, ch. 40, §§1-3); Shan., §§ 5543-5545; Code 1932, §§9713-9715; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1835.
Tenn. Code Ann. § 29-26-101 — TN Code / Title 29 / Chapter 26 / Section 29-26-101
Part definitions
Status: in_force

(a) As used in this part, unless the context otherwise requires: (1) "Health care liability action" means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based; (2) "Health care provider" means: (A) A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee; (B) A nongovernmental health care facility licensed under title 68, chapter 11; (C) A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4; (D) The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or (E) A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68; (3) "Licensee" means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided; (4) "Management company" means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee: (A) Directly hiring or firing the administrator or other managing employees of the licensee; (B) Directly controlling or having control over the staffing levels at the licensee; (C) Directly controlling the budget and expenditures of the licensee; or (D) Directly implementing and enforcing the policies and procedures of the licensee; and (5) "Passive investor" means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee. (b) Health care services to persons includes care by health care providers, which includes care by physicians, nurses, licensed practical nurses, pharmacists, pharmacy interns or pharmacy technicians under the supervision of a pharmacist, orderlies, certified nursing assistants, advance practice nurses, physician assistants, nursing technicians and other agents, employees and representatives of the provider, and also includes staffing, custodial or basic care, positioning, hydration and similar patient services. (c) Any such civil action or claim is subject to this part regardless of any other claims, causes of action, or theories of liability alleged in the complaint; provided, that no provision of this part shall apply to claims against the state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3. Amended by 2015 Tenn. Acts, ch. 254,s 1, eff. 4/24/2015. Acts 2011, ch. 510, § 8.
(a) As used in this part, unless the context otherwise requires: (1) "Health care liability action" means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based; (2) "Health care provider" means: (A) A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee; (B) A nongovernmental health care facility licensed under title 68, chapter 11; (C) A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4; (D) The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or (E) A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68; (3) "Licensee" means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided; (4) "Management company" means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee: (A) Directly hiring or firing the administrator or other managing employees of the licensee; (B) Directly controlling or having control over the staffing levels at the licensee; (C) Directly controlling the budget and expenditures of the licensee; or (D) Directly implementing and enforcing the policies and procedures of the licensee; and (5) "Passive investor" means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee.
(1) "Health care liability action" means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based;
(2) "Health care provider" means: (A) A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee; (B) A nongovernmental health care facility licensed under title 68, chapter 11; (C) A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4; (D) The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or (E) A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68;
(A) A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee;
(B) A nongovernmental health care facility licensed under title 68, chapter 11;
(C) A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4;
(D) The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or
(E) A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68;
(3) "Licensee" means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided;
(4) "Management company" means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee: (A) Directly hiring or firing the administrator or other managing employees of the licensee; (B) Directly controlling or having control over the staffing levels at the licensee; (C) Directly controlling the budget and expenditures of the licensee; or (D) Directly implementing and enforcing the policies and procedures of the licensee; and
(A) Directly hiring or firing the administrator or other managing employees of the licensee;
(B) Directly controlling or having control over the staffing levels at the licensee;
(C) Directly controlling the budget and expenditures of the licensee; or
(D) Directly implementing and enforcing the policies and procedures of the licensee; and
(5) "Passive investor" means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee.
(b) Health care services to persons includes care by health care providers, which includes care by physicians, nurses, licensed practical nurses, pharmacists, pharmacy interns or pharmacy technicians under the supervision of a pharmacist, orderlies, certified nursing assistants, advance practice nurses, physician assistants, nursing technicians and other agents, employees and representatives of the provider, and also includes staffing, custodial or basic care, positioning, hydration and similar patient services.
(c) Any such civil action or claim is subject to this part regardless of any other claims, causes of action, or theories of liability alleged in the complaint; provided, that no provision of this part shall apply to claims against the state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3.
Amended by 2015 Tenn. Acts, ch. 254,s 1, eff. 4/24/2015.
Acts 2011, ch. 510, § 8.
Tenn. Code Ann. § 29-40-123 — TN Code / Title 29 / Chapter 40 / Section 29-40-123
Final report of receiver - Discharge
Status: in_force

(a) On completion of a receiver's duties, the receiver shall file a final report including: (1) A description of the activities of the receiver in the conduct of the receivership; (2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership; (3) A list of disbursements, including payments to professionals engaged by the receiver; (4) A list of dispositions of receivership property; (5) A list of distributions made or proposed to be made from the receivership for creditor claims; (6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and (7) Any other information required by the court. (b) If the court approves a final report filed under subsection (a) and the receiver distributes all receivership property, the receiver is discharged. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) On completion of a receiver's duties, the receiver shall file a final report including: (1) A description of the activities of the receiver in the conduct of the receivership; (2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership; (3) A list of disbursements, including payments to professionals engaged by the receiver; (4) A list of dispositions of receivership property; (5) A list of distributions made or proposed to be made from the receivership for creditor claims; (6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and (7) Any other information required by the court.
(1) A description of the activities of the receiver in the conduct of the receivership;
(2) A list of receivership property at the commencement of the receivership and any receivership property received during the receivership;
(3) A list of disbursements, including payments to professionals engaged by the receiver;
(4) A list of dispositions of receivership property;
(5) A list of distributions made or proposed to be made from the receivership for creditor claims;
(6) If not filed separately, a request for approval of the payment of fees and expenses of the receiver; and
(7) Any other information required by the court.
(b) If the court approves a final report filed under subsection (a) and the receiver distributes all receivership property, the receiver is discharged.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-16-104 — TN Code / Title 29 / Chapter 16 / Section 29-16-104
Petition
Status: in_force

The person seeking to appropriate such land shall file a petition in the circuit court of the county in which the land lies, setting forth, in substance: (1) The parcel of land or rights therein or incident thereto a portion of which is wanted, and the extent wanted; (2) The name of the owner of such land or rights, or, if unknown, stating the fact; (3) The object for which the land, etc., is wanted; and (4) A prayer that a suitable portion of land or rights may be decreed to the petitioner, and set apart by metes and bounds, or other proper mode. Code 1858, § 1326; Shan., § 1845; mod. Code 1932, § 3110; T.C.A. (orig. ed.), § 23-1404.
The person seeking to appropriate such land shall file a petition in the circuit court of the county in which the land lies, setting forth, in substance:
(1) The parcel of land or rights therein or incident thereto a portion of which is wanted, and the extent wanted;
(2) The name of the owner of such land or rights, or, if unknown, stating the fact;
(3) The object for which the land, etc., is wanted; and
(4) A prayer that a suitable portion of land or rights may be decreed to the petitioner, and set apart by metes and bounds, or other proper mode.
Code 1858, § 1326; Shan., § 1845; mod. Code 1932, § 3110; T.C.A. (orig. ed.), § 23-1404.
Tenn. Code Ann. § 29-39-102 — TN Code / Title 29 / Chapter 39 / Section 29-39-102
Civil damage awards
Status: in_force

(a) In a civil action, each injured plaintiff may be awarded: (1) Compensation for economic damages suffered by each injured plaintiff; and (2) Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death. (b) If multiple defendants are found liable under the principle of comparative fault, the amount of all noneconomic damages, not to exceed seven hundred fifty thousand dollars ($750,000) for each injured plaintiff, shall be apportioned among the defendants based upon the percentage of fault for each defendant, so long as the plaintiff's comparative fault (or in a wrongful death action, the fault of the decedent) is not equal to or greater than fifty percent (50%), in which case recovery for any damages is barred. (c) If an injury or loss is catastrophic in nature, as defined in subsection (d), the seven-hundred-fifty-thousand-dollar amount limiting noneconomic damages, as set forth in subdivision (a)(2) and subsection (b) is increased to, but the amount of damages awarded as noneconomic damages shall not exceed, one million dollars ($1,000,000). (d) "Catastrophic loss or injury" means one (1) or more of the following: (1) Spinal cord injury resulting in paraplegia or quadriplegia; (2) Amputation of two (2) hands, two (2) feet or one (1) of each; (3) Third degree burns over forty percent (40%) or more of the body as a whole or third degree burns up to forty percent (40%) percent or more of the face; or (4) Wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation. (e) All noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, shall not exceed in the aggregate a total of seven hundred fifty thousand dollars ($750,000), unless subsection (c) applies, in which case the aggregate amount shall not exceed one million dollars ($1,000,000). (f) If there is a disputed issue of fact, the trier of fact, by special verdict, shall determine the existence of a catastrophic loss or injury as defined in subsection (d). (g) The limitation on the amount of noneconomic damages imposed by subdivision (a)(2) and subsections (b)-(e) shall not be disclosed to the jury, but shall be applied by the court to any award of noneconomic damages. (h) The limitation on the amount of noneconomic damages imposed by subdivision (a)(2) and subsections (b)-(e) shall not apply to personal injury and wrongful death actions: (1) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff; (2) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (h) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations; (3) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (h), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or (4) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries. (i) If there is a dispute of fact, the trier of fact, by special verdict, shall determine whether the exceptions set forth in subsection (h) apply to the defendant and the cause of action. (j) The liability of a defendant for noneconomic damages whose liability is alleged to be vicarious shall be determined separately from that of any alleged agent, employee or representative. (k) Noneconomic damages are not permitted for any claim arising out of harm or loss of property, except as authorized by statute. (l) No provision in this part shall apply to claims against this state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3. In addition, no provision in this part shall apply to claims against a governmental entity or its employees to the extent that such provision is inconsistent with or conflicts with the Governmental Tort Liability Act, compiled in chapter 20 of this title. (m) Nothing in this chapter shall be construed to create or enhance any claim, right of action, civil liability, economic damage or noneconomic damage under Tennessee law. (n) The limitations on noneconomic damages in this section shall apply to restrict such recoveries in all civil actions notwithstanding conflicting statutes or common law. Acts 2011 , ch. 510, §10; 2012 , ch. 902, § 1.
(a) In a civil action, each injured plaintiff may be awarded: (1) Compensation for economic damages suffered by each injured plaintiff; and (2) Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death.
(1) Compensation for economic damages suffered by each injured plaintiff; and
(2) Compensation for any noneconomic damages suffered by each injured plaintiff not to exceed seven hundred fifty thousand dollars ($750,000) for all injuries and occurrences that were or could have been asserted, regardless of whether the action is based on a single act or omission or a series of acts or omissions that allegedly caused the injuries or death.
(b) If multiple defendants are found liable under the principle of comparative fault, the amount of all noneconomic damages, not to exceed seven hundred fifty thousand dollars ($750,000) for each injured plaintiff, shall be apportioned among the defendants based upon the percentage of fault for each defendant, so long as the plaintiff's comparative fault (or in a wrongful death action, the fault of the decedent) is not equal to or greater than fifty percent (50%), in which case recovery for any damages is barred.
(c) If an injury or loss is catastrophic in nature, as defined in subsection (d), the seven-hundred-fifty-thousand-dollar amount limiting noneconomic damages, as set forth in subdivision (a)(2) and subsection (b) is increased to, but the amount of damages awarded as noneconomic damages shall not exceed, one million dollars ($1,000,000).
(d) "Catastrophic loss or injury" means one (1) or more of the following: (1) Spinal cord injury resulting in paraplegia or quadriplegia; (2) Amputation of two (2) hands, two (2) feet or one (1) of each; (3) Third degree burns over forty percent (40%) or more of the body as a whole or third degree burns up to forty percent (40%) percent or more of the face; or (4) Wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation.
(1) Spinal cord injury resulting in paraplegia or quadriplegia;
(2) Amputation of two (2) hands, two (2) feet or one (1) of each;
(3) Third degree burns over forty percent (40%) or more of the body as a whole or third degree burns up to forty percent (40%) percent or more of the face; or
(4) Wrongful death of a parent leaving a surviving minor child or children for whom the deceased parent had lawful rights of custody or visitation.
(e) All noneconomic damages awarded to each injured plaintiff, including damages for pain and suffering, as well as any claims of a spouse or children for loss of consortium or any derivative claim for noneconomic damages, shall not exceed in the aggregate a total of seven hundred fifty thousand dollars ($750,000), unless subsection (c) applies, in which case the aggregate amount shall not exceed one million dollars ($1,000,000).
(f) If there is a disputed issue of fact, the trier of fact, by special verdict, shall determine the existence of a catastrophic loss or injury as defined in subsection (d).
(g) The limitation on the amount of noneconomic damages imposed by subdivision (a)(2) and subsections (b)-(e) shall not be disclosed to the jury, but shall be applied by the court to any award of noneconomic damages.
(h) The limitation on the amount of noneconomic damages imposed by subdivision (a)(2) and subsections (b)-(e) shall not apply to personal injury and wrongful death actions: (1) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff; (2) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (h) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations; (3) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (h), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or (4) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries.
(1) If the defendant had a specific intent to inflict serious physical injury, and the defendant's intentional conduct did, in fact, injure the plaintiff;
(2) If the defendant intentionally falsified, destroyed or concealed records containing material evidence with the purpose of wrongfully evading liability in the case at issue; provided, however, that this subsection (h) does not apply to the good faith withholding of records pursuant to privileges and other laws applicable to discovery, nor does it apply to the management of records in the normal course of business or in compliance with the defendant's document retention policy or state or federal regulations;
(3) If the defendant was under the influence of alcohol, drugs or any other intoxicant or stimulant, resulting the defendant's judgment being substantially impaired, and causing the injuries or death. For purposes of this subsection (h), a defendant shall not be deemed to be under the influence of drugs or any other intoxicant or stimulant, if the defendant was using lawfully prescribed drugs administered in accordance with a prescription or over-the-counter drugs in accordance with the written instructions of the manufacturer; or
(4) If the defendant's act or omission results in the defendant being convicted of a felony under the laws of this state, another state, or under federal law, and that act or omission caused the damages or injuries.
(i) If there is a dispute of fact, the trier of fact, by special verdict, shall determine whether the exceptions set forth in subsection (h) apply to the defendant and the cause of action.
(j) The liability of a defendant for noneconomic damages whose liability is alleged to be vicarious shall be determined separately from that of any alleged agent, employee or representative.
(k) Noneconomic damages are not permitted for any claim arising out of harm or loss of property, except as authorized by statute.
(l) No provision in this part shall apply to claims against this state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3. In addition, no provision in this part shall apply to claims against a governmental entity or its employees to the extent that such provision is inconsistent with or conflicts with the Governmental Tort Liability Act, compiled in chapter 20 of this title.
(m) Nothing in this chapter shall be construed to create or enhance any claim, right of action, civil liability, economic damage or noneconomic damage under Tennessee law.
(n) The limitations on noneconomic damages in this section shall apply to restrict such recoveries in all civil actions notwithstanding conflicting statutes or common law.
Acts 2011 , ch. 510, §10; 2012 , ch. 902, § 1.
Tenn. Code Ann. § 29-11-106 — TN Code / Title 29 / Chapter 11 / Section 29-11-106
Construction of chapter
Status: in_force

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it. Acts 1968, ch. 575, § 6; T.C.A., § 23-3106.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
Acts 1968, ch. 575, § 6; T.C.A., § 23-3106.
Tenn. Code Ann. § 29-18-130 — TN Code / Title 29 / Chapter 18 / Section 29-18-130
Immediate execution of writ of possession - Bond, cash deposit, or letter of credit pending appeal
Status: in_force

(a) When judgment is rendered in favor of the plaintiff, in any action of forcible entry and detainer, forcible detainer, or unlawful detainer, brought before a judge of the court of general sessions, and a writ of possession is awarded, the same shall be executed and the plaintiff restored to the possession immediately. (b) (1) If the defendant pray an appeal, then, in that case, the plaintiff shall execute bond, with good and sufficient security, in double the value of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the wrongful enforcement of such writ, and to abide by and perform whatever judgment may be rendered by the appellate court in the final hearing of the cause. (2) (A) If the defendant prays an appeal, then an appeal must not be allowed unless the defendant has executed bond, or posted either a cash deposit or irrevocable letter of credit from a regulated financial institution, or has provided two (2) good personal sureties with good and sufficient security in the amount of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the failure of the appeal, including rent and interest on the judgment as provided for in this section, and has abided by and performed whatever judgment may be rendered by the appellate court in the final hearing of the cause. (B) The plaintiff is not required to post a bond to obtain possession if the defendant appeals without complying with this subdivision (b)(2). The plaintiff is entitled to interest on the judgment, which accrues from the date of the judgment if the defendant's appeal fails. Amended by 2024 Tenn. Acts, ch. 755,s 4, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 817, s 1, eff. 4/8/2022. Acts 1869-1870, ch. 64, § 1; 1871, ch. 65; impl. am. 1879, ch. 23, § 1; Shan., § 5110; mod. Code 1932, § 9265; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1632; Acts 1983, ch. 232, § 1.
(a) When judgment is rendered in favor of the plaintiff, in any action of forcible entry and detainer, forcible detainer, or unlawful detainer, brought before a judge of the court of general sessions, and a writ of possession is awarded, the same shall be executed and the plaintiff restored to the possession immediately.
(b) (1) If the defendant pray an appeal, then, in that case, the plaintiff shall execute bond, with good and sufficient security, in double the value of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the wrongful enforcement of such writ, and to abide by and perform whatever judgment may be rendered by the appellate court in the final hearing of the cause. (2) (A) If the defendant prays an appeal, then an appeal must not be allowed unless the defendant has executed bond, or posted either a cash deposit or irrevocable letter of credit from a regulated financial institution, or has provided two (2) good personal sureties with good and sufficient security in the amount of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the failure of the appeal, including rent and interest on the judgment as provided for in this section, and has abided by and performed whatever judgment may be rendered by the appellate court in the final hearing of the cause. (B) The plaintiff is not required to post a bond to obtain possession if the defendant appeals without complying with this subdivision (b)(2). The plaintiff is entitled to interest on the judgment, which accrues from the date of the judgment if the defendant's appeal fails.
(1) If the defendant pray an appeal, then, in that case, the plaintiff shall execute bond, with good and sufficient security, in double the value of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the wrongful enforcement of such writ, and to abide by and perform whatever judgment may be rendered by the appellate court in the final hearing of the cause.
(2) (A) If the defendant prays an appeal, then an appeal must not be allowed unless the defendant has executed bond, or posted either a cash deposit or irrevocable letter of credit from a regulated financial institution, or has provided two (2) good personal sureties with good and sufficient security in the amount of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the failure of the appeal, including rent and interest on the judgment as provided for in this section, and has abided by and performed whatever judgment may be rendered by the appellate court in the final hearing of the cause. (B) The plaintiff is not required to post a bond to obtain possession if the defendant appeals without complying with this subdivision (b)(2). The plaintiff is entitled to interest on the judgment, which accrues from the date of the judgment if the defendant's appeal fails.
(A) If the defendant prays an appeal, then an appeal must not be allowed unless the defendant has executed bond, or posted either a cash deposit or irrevocable letter of credit from a regulated financial institution, or has provided two (2) good personal sureties with good and sufficient security in the amount of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the failure of the appeal, including rent and interest on the judgment as provided for in this section, and has abided by and performed whatever judgment may be rendered by the appellate court in the final hearing of the cause.
(B) The plaintiff is not required to post a bond to obtain possession if the defendant appeals without complying with this subdivision (b)(2). The plaintiff is entitled to interest on the judgment, which accrues from the date of the judgment if the defendant's appeal fails.
Amended by 2024 Tenn. Acts, ch. 755,s 4, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 817, s 1, eff. 4/8/2022.
Acts 1869-1870, ch. 64, § 1; 1871, ch. 65; impl. am. 1879, ch. 23, § 1; Shan., § 5110; mod. Code 1932, § 9265; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1632; Acts 1983, ch. 232, § 1.
Tenn. Code Ann. § 29-40-104 — TN Code / Title 29 / Chapter 40 / Section 29-40-104
Scope - Exclusions
Status: in_force

(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property. (b) This chapter does not apply to a receivership for an interest in real property improved by one (1) to four (4) dwelling units unless: (1) The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence; (2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes; (3) The owner planned or is planning to develop the property into one (1) or more dwelling units to be sold or leased in the ordinary course of the owner's business; or (4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner. (c) This chapter does not apply to a receivership authorized by the law of this state, other than this chapter, in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit. (d) This chapter does not limit the authority of a court to appoint a receiver under other state law. (e) Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a receivership for an interest in real property and any personal property related to or used in operating the real property.
(b) This chapter does not apply to a receivership for an interest in real property improved by one (1) to four (4) dwelling units unless: (1) The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence; (2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes; (3) The owner planned or is planning to develop the property into one (1) or more dwelling units to be sold or leased in the ordinary course of the owner's business; or (4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(1) The interest is used for agricultural, commercial, industrial, or mineral-extraction purposes, other than incidental uses by an owner occupying the property as the owner's primary residence;
(2) The interest secures an obligation incurred at a time when the property was used or planned for use for agricultural, commercial, industrial, or mineral-extraction purposes;
(3) The owner planned or is planning to develop the property into one (1) or more dwelling units to be sold or leased in the ordinary course of the owner's business; or
(4) The owner is collecting or has the right to collect rents or other income from the property from a person other than an affiliate of the owner.
(c) This chapter does not apply to a receivership authorized by the law of this state, other than this chapter, in which the receiver is a governmental unit or an individual acting in an official capacity on behalf of the governmental unit.
(d) This chapter does not limit the authority of a court to appoint a receiver under other state law.
(e) Unless displaced by a particular provision of this chapter, the principles of law and equity supplement this chapter.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-40-107 — TN Code / Title 29 / Chapter 40 / Section 29-40-107
Disqualification from appointment as receiver - Disclosure of interest
Status: in_force

(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified. (b) Except as otherwise provided in subsection (c), a person is disqualified from appointment as receiver if the person: (1) Is an affiliate of a party; (2) Has an interest materially adverse to an interest of a party; (3) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver; (4) Has a debtor-creditor relationship with a party; or (5) Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company. (c) A person is not disqualified from appointment as receiver solely because the person: (1) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership; (2) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or (3) Maintains with a party a deposit account as defined in § 47-9-102(a) . (d) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) The court may not appoint a person as receiver unless the person submits to the court a statement under penalty of perjury that the person is not disqualified.
(b) Except as otherwise provided in subsection (c), a person is disqualified from appointment as receiver if the person: (1) Is an affiliate of a party; (2) Has an interest materially adverse to an interest of a party; (3) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver; (4) Has a debtor-creditor relationship with a party; or (5) Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company.
(1) Is an affiliate of a party;
(2) Has an interest materially adverse to an interest of a party;
(3) Has a material financial interest in the outcome of the action, other than compensation the court may allow the receiver;
(4) Has a debtor-creditor relationship with a party; or
(5) Holds an equity interest in a party, other than a noncontrolling interest in a publicly-traded company.
(c) A person is not disqualified from appointment as receiver solely because the person: (1) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership; (2) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or (3) Maintains with a party a deposit account as defined in § 47-9-102(a) .
(1) Was appointed receiver or is owed compensation in an unrelated matter involving a party or was engaged by a party in a matter unrelated to the receivership;
(2) Is an individual obligated to a party on a debt that is not in default and was incurred primarily for personal, family, or household purposes; or
(3) Maintains with a party a deposit account as defined in § 47-9-102(a) .
(d) A person seeking appointment of a receiver may nominate a person to serve as receiver, but the court is not bound by the nomination.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-16-126 — TN Code / Title 29 / Chapter 16 / Section 29-16-126
Hospitals - Eminent domain powers
Status: in_force

(a) In any counties of this state having a population of not less than one hundred thousand (100,000) nor more than one hundred fifty thousand (150,000), according to the federal census of 1960 or any subsequent federal census, any hospital incorporated as a general welfare corporation under the laws of the state of Tennessee shall have the power of eminent domain and shall have the right and authority to condemn such lands, property, property rights, privileges and easements of others as may in the judgment of its board of directors, together with the concurrence of two-thirds (2/3) of the members of the governing body of the municipality in which such hospital is located or in the event such hospital is located outside the boundaries of an incorporated municipality then together with the concurrence of two-thirds (2/3) of the county legislative body of the county of location, be deemed necessary or proper for the purpose of providing buildings and other facilities, including any extension, enlargement or improvement for hospital purposes only. (b) The land or property sought to be condemned must be adjacent and contiguous to the property upon which such hospital is presently located and not across any street. Acts 1963, ch. 373, § 1 (T.C.A. (Supp.), § 48-1105); Acts 1965, ch. 127, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 23-1426.
(a) In any counties of this state having a population of not less than one hundred thousand (100,000) nor more than one hundred fifty thousand (150,000), according to the federal census of 1960 or any subsequent federal census, any hospital incorporated as a general welfare corporation under the laws of the state of Tennessee shall have the power of eminent domain and shall have the right and authority to condemn such lands, property, property rights, privileges and easements of others as may in the judgment of its board of directors, together with the concurrence of two-thirds (2/3) of the members of the governing body of the municipality in which such hospital is located or in the event such hospital is located outside the boundaries of an incorporated municipality then together with the concurrence of two-thirds (2/3) of the county legislative body of the county of location, be deemed necessary or proper for the purpose of providing buildings and other facilities, including any extension, enlargement or improvement for hospital purposes only.
(b) The land or property sought to be condemned must be adjacent and contiguous to the property upon which such hospital is presently located and not across any street.
Acts 1963, ch. 373, § 1 (T.C.A. (Supp.), § 48-1105); Acts 1965, ch. 127, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 23-1426.
Tenn. Code Ann. § 29-5-311 — TN Code / Title 29 / Chapter 5 / Section 29-5-311
Consolidation of separate arbitration proceedings
Status: in_force

(a) Class or collective arbitrations in any case governed by this chapter shall not be permitted, unless the agreements to arbitrate of all parties to be joined expressly permit the arbitrator or arbitrators to entertain such actions. In cases where class or collective arbitration is permitted, the arbitrator or arbitrators shall have the authority specified in this section. Nothing in this section prohibits the consolidation of proceedings in cases where all affected parties expressly agree to consolidation; provided, consolidation is not prohibited by the parties' agreement as provided in subsection (d). (b) Except as otherwise provided in subsection (d), upon a motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims, if: (1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one (1) of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person; (2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions; (3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and (4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of, or hardship to, parties opposing consolidation. (c) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings. (d) The court shall not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Class or collective arbitrations in any case governed by this chapter shall not be permitted, unless the agreements to arbitrate of all parties to be joined expressly permit the arbitrator or arbitrators to entertain such actions. In cases where class or collective arbitration is permitted, the arbitrator or arbitrators shall have the authority specified in this section. Nothing in this section prohibits the consolidation of proceedings in cases where all affected parties expressly agree to consolidation; provided, consolidation is not prohibited by the parties' agreement as provided in subsection (d).
(b) Except as otherwise provided in subsection (d), upon a motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims, if: (1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one (1) of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person; (2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions; (3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and (4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of, or hardship to, parties opposing consolidation.
(1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one (1) of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
(2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
(3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
(4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of, or hardship to, parties opposing consolidation.
(c) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
(d) The court shall not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-41-105 — TN Code / Title 29 / Chapter 41 / Section 29-41-105
Evidence creating rebuttable presumption
Status: in_force

At the hearing conducted pursuant to § 29-41-104 , evidence of any of the following creates a rebuttable presumption that the civil action is an abusive civil action and that the person filing the action is an abusive civil action plaintiff and prefiling restrictions should be imposed upon the abusive civil action plaintiff: (1) The same or substantially similar issues between the same or substantially similar civil action parties that are the subject of the alleged abusive civil action have been litigated against the civil action defendant within the past five (5) years in another court within the judicial district or another judicial district and the actions were dismissed on the merits or with prejudice against the civil action plaintiff; (2) The alleged abusive civil action plaintiff has used the same or substantially similar issues that are the subject of the current civil action as the basis for an adverse complaint against the civil action defendant to a regulatory or licensing board and the regulatory or licensing board dismissed the complaint after a contested case hearing in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; (3) The alleged abusive civil action plaintiff has been sanctioned under Rule 11 of the Tennessee Rules of Civil Procedure or a similar rule or law in another state or the federal government for filing one (1) or more frivolous, vexatious, or abusive civil actions within the past ten (10) years of filing the current civil action alleged to be abusive and the previous frivolous, vexatious, or abusive civil actions involved the same or substantially the same issues between the same or substantially the same civil action parties; or (4) A court of record in another judicial district has determined that a civil action filed against the civil action defendant was an abusive civil action and is under or has been under prefiling restrictions in that judicial district. Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
At the hearing conducted pursuant to § 29-41-104 , evidence of any of the following creates a rebuttable presumption that the civil action is an abusive civil action and that the person filing the action is an abusive civil action plaintiff and prefiling restrictions should be imposed upon the abusive civil action plaintiff:
(1) The same or substantially similar issues between the same or substantially similar civil action parties that are the subject of the alleged abusive civil action have been litigated against the civil action defendant within the past five (5) years in another court within the judicial district or another judicial district and the actions were dismissed on the merits or with prejudice against the civil action plaintiff;
(2) The alleged abusive civil action plaintiff has used the same or substantially similar issues that are the subject of the current civil action as the basis for an adverse complaint against the civil action defendant to a regulatory or licensing board and the regulatory or licensing board dismissed the complaint after a contested case hearing in compliance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5;
(3) The alleged abusive civil action plaintiff has been sanctioned under Rule 11 of the Tennessee Rules of Civil Procedure or a similar rule or law in another state or the federal government for filing one (1) or more frivolous, vexatious, or abusive civil actions within the past ten (10) years of filing the current civil action alleged to be abusive and the previous frivolous, vexatious, or abusive civil actions involved the same or substantially the same issues between the same or substantially the same civil action parties; or
(4) A court of record in another judicial district has determined that a civil action filed against the civil action defendant was an abusive civil action and is under or has been under prefiling restrictions in that judicial district.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-18-121 — TN Code / Title 29 / Chapter 18 / Section 29-18-121
Subpoenas
Status: in_force

The general sessions judge before whom the complaint is made, or the one before whom the cause is to be tried, may issue subpoenas for witnesses into any county of the state. Code 1858, § 3356; impl. am. Acts 1879, ch. 23, § 1; Shan., § 5105; Code 1932, § 9259; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1622.
The general sessions judge before whom the complaint is made, or the one before whom the cause is to be tried, may issue subpoenas for witnesses into any county of the state.
Code 1858, § 3356; impl. am. Acts 1879, ch. 23, § 1; Shan., § 5105; Code 1932, § 9259; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1622.
Tenn. Code Ann. § 29-33-101 — TN Code / Title 29 / Chapter 33 / Section 29-33-101
Application for release from prosecution or defense bond
Status: in_force

A surety for the prosecution or defense of any suit in law or equity may be released from such suretyship by giving five (5) days' notice to the surety's principal, if in the state, and to the surety's attorney, if out of the state, of the surety's intention to move for a rule upon the surety to give counter security to provide indemnity for any liability as a surety. Code 1858, § 3665 (deriv. Acts 1822, ch. 42, § 1); Shan., §5435; mod. Code 1932, § 9597; T.C.A. (orig. ed.), § 23-2701.
A surety for the prosecution or defense of any suit in law or equity may be released from such suretyship by giving five (5) days' notice to the surety's principal, if in the state, and to the surety's attorney, if out of the state, of the surety's intention to move for a rule upon the surety to give counter security to provide indemnity for any liability as a surety.
Code 1858, § 3665 (deriv. Acts 1822, ch. 42, § 1); Shan., §5435; mod. Code 1932, § 9597; T.C.A. (orig. ed.), § 23-2701.
Tenn. Code Ann. § 29-34-302 — TN Code / Title 29 / Chapter 34 / Section 29-34-302
Legislative findings - Purpose
Status: in_force

(a) Silica is a naturally occurring mineral and is the second most common constituent of the earth's crust. (b) Silica-related disease, including silicosis, can occur when silica is inhaled. To be inhaled, silica particles must be sufficiently small to be respirable. (c) Silicosis was recognized as an occupational disease many years ago. The American Foundry Society has distributed literature to its members warning of the dangers of silica exposure for more than seventy (70) years. By the 1930s, the federal government had launched a silica awareness campaign that led to greater protection for workers exposed to silica dust. (d) The legislature finds that the public interest requires giving priority to the claims of exposed individuals who are sick, in order to help preserve, now and for the future, access to our court system for those who develop silica-related disease and to safeguard the jobs, benefits, and savings of workers in Tennessee. (e) It is the purpose of this part to: (1) Give priority to silica claimants who can demonstrate actual physical impairment caused by exposure to silica; (2) Fully preserve the rights of claimants who were exposed to silica to pursue compensation, should they become impaired in the future as a result of exposure; (3) Enhance the ability of the judicial system to supervise and control silica litigation; and (4) Provide access to the court system for those who are actually physically impaired by exposure to silica, while securing the right to similar access for those who may suffer physical impairment in the future. Acts 2006, ch. 728, § 3.
(a) Silica is a naturally occurring mineral and is the second most common constituent of the earth's crust.
(b) Silica-related disease, including silicosis, can occur when silica is inhaled. To be inhaled, silica particles must be sufficiently small to be respirable.
(c) Silicosis was recognized as an occupational disease many years ago. The American Foundry Society has distributed literature to its members warning of the dangers of silica exposure for more than seventy (70) years. By the 1930s, the federal government had launched a silica awareness campaign that led to greater protection for workers exposed to silica dust.
(d) The legislature finds that the public interest requires giving priority to the claims of exposed individuals who are sick, in order to help preserve, now and for the future, access to our court system for those who develop silica-related disease and to safeguard the jobs, benefits, and savings of workers in Tennessee.
(e) It is the purpose of this part to: (1) Give priority to silica claimants who can demonstrate actual physical impairment caused by exposure to silica; (2) Fully preserve the rights of claimants who were exposed to silica to pursue compensation, should they become impaired in the future as a result of exposure; (3) Enhance the ability of the judicial system to supervise and control silica litigation; and (4) Provide access to the court system for those who are actually physically impaired by exposure to silica, while securing the right to similar access for those who may suffer physical impairment in the future.
(1) Give priority to silica claimants who can demonstrate actual physical impairment caused by exposure to silica;
(2) Fully preserve the rights of claimants who were exposed to silica to pursue compensation, should they become impaired in the future as a result of exposure;
(3) Enhance the ability of the judicial system to supervise and control silica litigation; and
(4) Provide access to the court system for those who are actually physically impaired by exposure to silica, while securing the right to similar access for those who may suffer physical impairment in the future.
Acts 2006, ch. 728, § 3.
Tenn. Code Ann. § 29-5-321 — TN Code / Title 29 / Chapter 5 / Section 29-5-321
Change of award by arbitrator
Status: in_force

(a) On a motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3) ; (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (3) To clarify the award. (b) A motion under subsection (a) must be made and notice given to all parties within twenty (20) days after the movant receives notice of the award. (c) A party to the arbitration proceeding shall give notice of an objection to the motion within ten (10) days after receipt of the notice. (d) If a motion to the court is pending under § 29-5-323 , § 29-5-324 , or § 29-5-325 , then the court may submit the claim to the arbitrator to consider whether to modify or correct the award: (1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3) ; (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (3) To clarify the award. (e) An award modified or corrected pursuant to this section is subject to §§ 29-5-320(a) , 29-5-323 , 29-5-324 , and 29-5-325 . Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) On a motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award: (1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3) ; (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (3) To clarify the award.
(1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3) ;
(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) To clarify the award.
(b) A motion under subsection (a) must be made and notice given to all parties within twenty (20) days after the movant receives notice of the award.
(c) A party to the arbitration proceeding shall give notice of an objection to the motion within ten (10) days after receipt of the notice.
(d) If a motion to the court is pending under § 29-5-323 , § 29-5-324 , or § 29-5-325 , then the court may submit the claim to the arbitrator to consider whether to modify or correct the award: (1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3) ; (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or (3) To clarify the award.
(1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3) ;
(2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
(3) To clarify the award.
(e) An award modified or corrected pursuant to this section is subject to §§ 29-5-320(a) , 29-5-323 , 29-5-324 , and 29-5-325 .
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-13-112 — TN Code / Title 29 / Chapter 13 / Section 29-13-112
Attorney's fees
Status: in_force

(a) (1) In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following: (A) Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or (B) Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims. (2) Notwithstanding subdivision (a)(1), an attorney who is aggrieved by the amount of attorney's fees allowed may petition the commission for a review thereof. In determining whether to grant the petition for review, the commission shall take into account the complexity of the claim, the amount of time the attorney spent in representing the claimant, and such other matters as the commission deems appropriate. The petition must be filed within thirty (30) days of the date of the settlement notice, or if the claim was heard by the commission, within thirty (30) days of the date of the commission's order. The petition shall set forth with specificity the reasons the commission should grant the review. If the commission grants the petition, the commission may increase the amount of attorney's fees allowed. (3) Provided, that in no case may the total fees granted under subdivisions (a)(1) and (2) exceed a maximum of seven hundred fifty dollars ($750). (b) (1) There shall be no compensation to an attorney whose fees are paid for under any federally funded legal services program, or any such program funded by the state. (2) However, compensation shall be determined and allowed in accordance with subsection (a) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if the following conditions are met: (A) The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and (B) Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule. (c) It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed under this section. Acts 1976, ch. 736, § 12; T.C.A., §§ 23-3512, 23-35-112; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 20; 1993, ch. 494, § 12; 1994, ch. 808, § 3.
(a) (1) In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following: (A) Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or (B) Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims. (2) Notwithstanding subdivision (a)(1), an attorney who is aggrieved by the amount of attorney's fees allowed may petition the commission for a review thereof. In determining whether to grant the petition for review, the commission shall take into account the complexity of the claim, the amount of time the attorney spent in representing the claimant, and such other matters as the commission deems appropriate. The petition must be filed within thirty (30) days of the date of the settlement notice, or if the claim was heard by the commission, within thirty (30) days of the date of the commission's order. The petition shall set forth with specificity the reasons the commission should grant the review. If the commission grants the petition, the commission may increase the amount of attorney's fees allowed. (3) Provided, that in no case may the total fees granted under subdivisions (a)(1) and (2) exceed a maximum of seven hundred fifty dollars ($750).
(1) In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following: (A) Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or (B) Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims.
(A) Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or
(B) Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims.
(2) Notwithstanding subdivision (a)(1), an attorney who is aggrieved by the amount of attorney's fees allowed may petition the commission for a review thereof. In determining whether to grant the petition for review, the commission shall take into account the complexity of the claim, the amount of time the attorney spent in representing the claimant, and such other matters as the commission deems appropriate. The petition must be filed within thirty (30) days of the date of the settlement notice, or if the claim was heard by the commission, within thirty (30) days of the date of the commission's order. The petition shall set forth with specificity the reasons the commission should grant the review. If the commission grants the petition, the commission may increase the amount of attorney's fees allowed.
(3) Provided, that in no case may the total fees granted under subdivisions (a)(1) and (2) exceed a maximum of seven hundred fifty dollars ($750).
(b) (1) There shall be no compensation to an attorney whose fees are paid for under any federally funded legal services program, or any such program funded by the state. (2) However, compensation shall be determined and allowed in accordance with subsection (a) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if the following conditions are met: (A) The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and (B) Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule.
(1) There shall be no compensation to an attorney whose fees are paid for under any federally funded legal services program, or any such program funded by the state.
(2) However, compensation shall be determined and allowed in accordance with subsection (a) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if the following conditions are met: (A) The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and (B) Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule.
(A) The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and
(B) Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule.
(c) It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed under this section.
Acts 1976, ch. 736, § 12; T.C.A., §§ 23-3512, 23-35-112; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 20; 1993, ch. 494, § 12; 1994, ch. 808, § 3.
Tenn. Code Ann. § 29-40-127 — TN Code / Title 29 / Chapter 40 / Section 29-40-127
Relation to electronic signatures in global and national commerce act
Status: in_force

This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. § 7001(c) ) or authorize electronic delivery of any of the notices described in Section 103(b) of that act ( 15 U.S.C. § 7003(b) ). Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. § 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that act ( 15 U.S.C. § 7001(c) ) or authorize electronic delivery of any of the notices described in Section 103(b) of that act ( 15 U.S.C. § 7003(b) ).
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-16-124 — TN Code / Title 29 / Chapter 16 / Section 29-16-124
Limitation of owners' actions
Status: in_force

All actions that could be brought under § 29-16-123(a) , regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years. Amended by 2015 Tenn. Acts, ch. 275, s 1, eff. 7/1/2015. Code 1858, § 1348 (deriv. Acts 1849-1850, ch. 72, § 9; 1855-1856, ch. 132, §§ 10, 11); Shan., § 1867; mod. Code 1932, §3132; T.C.A. (orig. ed.), § 23-1424.
All actions that could be brought under § 29-16-123(a) , regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years.
Amended by 2015 Tenn. Acts, ch. 275, s 1, eff. 7/1/2015.
Code 1858, § 1348 (deriv. Acts 1849-1850, ch. 72, § 9; 1855-1856, ch. 132, §§ 10, 11); Shan., § 1867; mod. Code 1932, §3132; T.C.A. (orig. ed.), § 23-1424.
Tenn. Code Ann. § 29-15-104 — TN Code / Title 29 / Chapter 15 / Section 29-15-104
Contents of declaration
Status: in_force

It is sufficient for the plaintiff to allege in plaintiff's declaration that plaintiff was possessed of the premises sued for at the time specified, which should be after plaintiff's title accrued, and, being so possessed thereof, the defendant afterwards, on a day stated, entered thereon, and unlawfully withholds the same, to the plaintiff's damage, naming the sum. The plaintiff's declaration shall specify the quantity of plaintiff's estate and the extent of plaintiff's interest, according to the truth, and describe the premises, with convenient certainty, by metes and bounds, or other appropriate description. Code 1858, §§ 3234, 3235 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4975, 4976; Code 1932, §§ 9123, 9124; T.C.A. (orig. ed.), § 23-1305.
It is sufficient for the plaintiff to allege in plaintiff's declaration that plaintiff was possessed of the premises sued for at the time specified, which should be after plaintiff's title accrued, and, being so possessed thereof, the defendant afterwards, on a day stated, entered thereon, and unlawfully withholds the same, to the plaintiff's damage, naming the sum. The plaintiff's declaration shall specify the quantity of plaintiff's estate and the extent of plaintiff's interest, according to the truth, and describe the premises, with convenient certainty, by metes and bounds, or other appropriate description.
Code 1858, §§ 3234, 3235 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4975, 4976; Code 1932, §§ 9123, 9124; T.C.A. (orig. ed.), § 23-1305.
Tenn. Code Ann. § 29-17-913 — TN Code / Title 29 / Chapter 17 / Section 29-17-913
Payment of judgments - Interest
Status: in_force

(a) All judgments rendered against a municipality, county or the state shall be paid out of the general funds of the municipality, county or state, whichever may be the condemner, together with interest at the rate of two percentage points (2%) greater than the prime loan rate established, as of the date of the taking, by the federal reserve system of the United States on any excess of the amount awarded an owner over the amount deposited with the clerk. (b) All judgments rendered against a levee or drainage district, which condemns property in accordance with § 29-17-901(a)(2) , shall be paid from funds collected as provided in title 69, chapter 6, together with interest at the rate of six percent (6%) on any excess of the amount awarded an owner over the amount deposited with the clerk. Acts 1959, ch. 216, § 13; T.C.A., § 23-1540; Acts 1981, ch. 248, §§ 4, 5; 1981, ch. 263, § 2; 1994, ch. 800, § 1; T.C.A. § 29-17-813; Acts 2006, ch. 863, § 1.
(a) All judgments rendered against a municipality, county or the state shall be paid out of the general funds of the municipality, county or state, whichever may be the condemner, together with interest at the rate of two percentage points (2%) greater than the prime loan rate established, as of the date of the taking, by the federal reserve system of the United States on any excess of the amount awarded an owner over the amount deposited with the clerk.
(b) All judgments rendered against a levee or drainage district, which condemns property in accordance with § 29-17-901(a)(2) , shall be paid from funds collected as provided in title 69, chapter 6, together with interest at the rate of six percent (6%) on any excess of the amount awarded an owner over the amount deposited with the clerk.
Acts 1959, ch. 216, § 13; T.C.A., § 23-1540; Acts 1981, ch. 248, §§ 4, 5; 1981, ch. 263, § 2; 1994, ch. 800, § 1; T.C.A. § 29-17-813; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-38-103 — TN Code / Title 29 / Chapter 38 / Section 29-38-103
Legislative findings
Status: in_force

The legislature finds and declares all of the following: (1) Every community in the country is affected by the marketing and distribution of illegal drugs. A vast amount of state and local resources is expended in coping with the financial, physical, and emotional toll that results from the existence of the illegal drug market. Families, employers, insurers, and society in general bear the substantial costs of coping with the marketing of illegal drugs. Drug babies and parents, particularly those of adolescent illegal drug users, suffer significant noneconomic injury, as well; (2) Although the criminal justice system is an important weapon against the illegal drug market, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of illegal drugs. The persons who have joined the illegal drug market should bear the cost of the harm caused by that market in the community; (3) The threat of liability under this chapter serves as an additional deterrent to a recognizable segment of the illegal drug network. A person who has nondrug related assets, who markets illegal drugs at the workplace, who encourages friends to become users, among others, is likely to decide that the added cost of entering the market is not worth the benefit. This is particularly true for a first-time casual dealer who has not yet made substantial profits. This chapter provides a mechanism for the cost of the injury caused by illegal drug use to be borne by those who benefit from illegal drug dealing; (4) This chapter imposes liability against all participants in the illegal drug market, including small dealers, particularly those in the workplace, who are not usually the focus of criminal investigations. The small dealers increase the number of users and are those people who become large dealers. These small dealers are most likely to be deterred by the threat of liability; (5) A parent of an adolescent illegal drug user often expends considerable financial resources, typically in the tens of thousands of dollars, for the child's drug treatment. Local and state governments provide drug treatment and related medical services made necessary by the distribution of illegal drugs. The treatment of drug babies is a considerable cost to local and state governments. Insurers pay large sums for medical treatment related to drug addiction and use. Employers suffer losses as a result of illegal drug use by employees due to lost productivity, employee drug-related workplace accidents, and employer contributions to insurers. Local and state governments have existing legal staffs that can bring civil suits against those involved in the illegal drug market, in appropriate cases, if a clear legal mechanism for liability and recovery is established; (6) Drug babies, who are clearly the most innocent and vulnerable of those affected by illegal drug use, are often the most physically and mentally damaged due to the existence of an illegal drug market in a community. For many of these babies, the only hope is extensive medical and psychological treatment, physical therapy, and special education. All of these potential remedies are expensive. These babies, through their legal guardians and through court appointed guardians ad litem, should be able to recover damages from those in the community who have entered and participated in the marketing of the types of illegal drugs that have caused their injuries; (7) In theory, civil actions for damages for distribution of illegal drugs can be brought under existing law. They are not. Several barriers account for this. Under existing tort law, only those dealers in the actual chain of distribution to a particular user could be sued. Drug babies, parents of adolescent illegal drug users, and insurers are not likely to be able to identify the chain of distribution to a particular user. Furthermore, drug treatment experts largely agree that users are unlikely to identify and bring suit against their own dealers, even after they have recovered, given the present requirements for a civil action; (8) Those involved in the illegal drug market in a community are necessarily interrelated and interdependent, even if their identity is unknown to one another. Each new dealer obtains the benefit of the existing illegal drug distribution system to make illegal drugs available to the dealer. In addition, the existing market aids a new entrant by the prior development of people as users. Many experts on the illegal drug market agree that all participants are ultimately likely to be indirectly related. That is, beginning with any one dealer, given the theoretical ability to identify every person known by that dealer to be involved in illegal drug trafficking, and in turn each of such others known to the dealer, and so on, the illegal drug market in a community would ultimately be fully revealed; (9) Market liability has been created with respect to legitimate products by judicial decision in some states. Case law provides for civil recovery by plaintiffs who are unable to identify the particular manufacturer of the product that is claimed to have caused them harm, allowing recovery from all manufacturers of the product who participated in that particular market. The market liability theory has been shown to be destructive of market initiative and product development when applied to legitimate markets. Because of its potential for undermining markets, this chapter expressly adopts a legislatively crafted form of liability for those who intentionally join the illegal drug market. The liability established by this chapter grows out of, but is distinct from, existing judicially crafted market liability; (10) The prospect of a future suit for the costs of drug treatment may drive a wedge between prospective dealers and their customers, by encouraging users to turn on their dealers. Therefore, liability for those costs, even to the user, is imposed under this chapter, as long as the user identifies and brings suit against the user's own dealers; (11) Allowing dealers who face a civil judgment for their illegal drug marketing to bring suit against their own sources for contribution may also drive a wedge into the relationships among some participants in the illegal drug distribution network; and (12) While not all persons who have suffered losses as a result of the marketing of illegal drugs will pursue an action for damages, at least some individuals, guardians of drug babies, government agencies that provide treatment, insurance companies, and employers will find such an action worthwhile. These persons deserve the opportunity to recover their losses. Some new entrants to retail drug dealing are likely to be deterred, even if only a few of these suits are actually brought. Acts 2005, ch. 377, § 3.
The legislature finds and declares all of the following:
(1) Every community in the country is affected by the marketing and distribution of illegal drugs. A vast amount of state and local resources is expended in coping with the financial, physical, and emotional toll that results from the existence of the illegal drug market. Families, employers, insurers, and society in general bear the substantial costs of coping with the marketing of illegal drugs. Drug babies and parents, particularly those of adolescent illegal drug users, suffer significant noneconomic injury, as well;
(2) Although the criminal justice system is an important weapon against the illegal drug market, the civil justice system can and must also be used. The civil justice system can provide an avenue of compensation for those who have suffered harm as a result of the marketing and distribution of illegal drugs. The persons who have joined the illegal drug market should bear the cost of the harm caused by that market in the community;
(3) The threat of liability under this chapter serves as an additional deterrent to a recognizable segment of the illegal drug network. A person who has nondrug related assets, who markets illegal drugs at the workplace, who encourages friends to become users, among others, is likely to decide that the added cost of entering the market is not worth the benefit. This is particularly true for a first-time casual dealer who has not yet made substantial profits. This chapter provides a mechanism for the cost of the injury caused by illegal drug use to be borne by those who benefit from illegal drug dealing;
(4) This chapter imposes liability against all participants in the illegal drug market, including small dealers, particularly those in the workplace, who are not usually the focus of criminal investigations. The small dealers increase the number of users and are those people who become large dealers. These small dealers are most likely to be deterred by the threat of liability;
(5) A parent of an adolescent illegal drug user often expends considerable financial resources, typically in the tens of thousands of dollars, for the child's drug treatment. Local and state governments provide drug treatment and related medical services made necessary by the distribution of illegal drugs. The treatment of drug babies is a considerable cost to local and state governments. Insurers pay large sums for medical treatment related to drug addiction and use. Employers suffer losses as a result of illegal drug use by employees due to lost productivity, employee drug-related workplace accidents, and employer contributions to insurers. Local and state governments have existing legal staffs that can bring civil suits against those involved in the illegal drug market, in appropriate cases, if a clear legal mechanism for liability and recovery is established;
(6) Drug babies, who are clearly the most innocent and vulnerable of those affected by illegal drug use, are often the most physically and mentally damaged due to the existence of an illegal drug market in a community. For many of these babies, the only hope is extensive medical and psychological treatment, physical therapy, and special education. All of these potential remedies are expensive. These babies, through their legal guardians and through court appointed guardians ad litem, should be able to recover damages from those in the community who have entered and participated in the marketing of the types of illegal drugs that have caused their injuries;
(7) In theory, civil actions for damages for distribution of illegal drugs can be brought under existing law. They are not. Several barriers account for this. Under existing tort law, only those dealers in the actual chain of distribution to a particular user could be sued. Drug babies, parents of adolescent illegal drug users, and insurers are not likely to be able to identify the chain of distribution to a particular user. Furthermore, drug treatment experts largely agree that users are unlikely to identify and bring suit against their own dealers, even after they have recovered, given the present requirements for a civil action;
(8) Those involved in the illegal drug market in a community are necessarily interrelated and interdependent, even if their identity is unknown to one another. Each new dealer obtains the benefit of the existing illegal drug distribution system to make illegal drugs available to the dealer. In addition, the existing market aids a new entrant by the prior development of people as users. Many experts on the illegal drug market agree that all participants are ultimately likely to be indirectly related. That is, beginning with any one dealer, given the theoretical ability to identify every person known by that dealer to be involved in illegal drug trafficking, and in turn each of such others known to the dealer, and so on, the illegal drug market in a community would ultimately be fully revealed;
(9) Market liability has been created with respect to legitimate products by judicial decision in some states. Case law provides for civil recovery by plaintiffs who are unable to identify the particular manufacturer of the product that is claimed to have caused them harm, allowing recovery from all manufacturers of the product who participated in that particular market. The market liability theory has been shown to be destructive of market initiative and product development when applied to legitimate markets. Because of its potential for undermining markets, this chapter expressly adopts a legislatively crafted form of liability for those who intentionally join the illegal drug market. The liability established by this chapter grows out of, but is distinct from, existing judicially crafted market liability;
(10) The prospect of a future suit for the costs of drug treatment may drive a wedge between prospective dealers and their customers, by encouraging users to turn on their dealers. Therefore, liability for those costs, even to the user, is imposed under this chapter, as long as the user identifies and brings suit against the user's own dealers;
(11) Allowing dealers who face a civil judgment for their illegal drug marketing to bring suit against their own sources for contribution may also drive a wedge into the relationships among some participants in the illegal drug distribution network; and
(12) While not all persons who have suffered losses as a result of the marketing of illegal drugs will pursue an action for damages, at least some individuals, guardians of drug babies, government agencies that provide treatment, insurance companies, and employers will find such an action worthwhile. These persons deserve the opportunity to recover their losses. Some new entrants to retail drug dealing are likely to be deterred, even if only a few of these suits are actually brought.
Acts 2005, ch. 377, § 3.
Tenn. Code Ann. § 29-40-128 — TN Code / Title 29 / Chapter 40 / Section 29-40-128
Transition
Status: in_force

This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2018. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
This chapter does not apply to a receivership for which the receiver was appointed before July 1, 2018.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-16-110 — TN Code / Title 29 / Chapter 16 / Section 29-16-110
Substitution of jurors
Status: in_force

If named by the court, and the persons named are unable to attend when summoned, the place of such persons shall be supplied by the sheriff. Code 1858, § 1333; Shan., § 1852; Code 1932, § 3117; T.C.A. (orig. ed.), § 23-1410.
If named by the court, and the persons named are unable to attend when summoned, the place of such persons shall be supplied by the sheriff.
Code 1858, § 1333; Shan., § 1852; Code 1932, § 3117; T.C.A. (orig. ed.), § 23-1410.
Tenn. Code Ann. § 29-34-702 — TN Code / Title 29 / Chapter 34 / Section 29-34-702
Part definitions
Status: in_force

As used in this part: (1) "AMA Guides to the Evaluation of Permanent Impairment" means the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this part; (2) "Asbestos" has the same meaning as defined in § 29-34-602 ; (3) "Asbestos action" has the same meaning as defined in § 29-34-602 ; (4) "Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers; (5) "Board-certified in internal medicine" means a physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this part; (6) "Board-certified in occupational medicine" means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this part; (7) "Board-certified in pathology" means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology, whose certification was current at the time of the performance of an examination and rendition of a report required by this part, and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or postmortem specimens; (8) "Board-certified in pulmonary medicine" means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of an examination and rendition of a report required by this part; (9) "Certified B-reader" means an individual who has qualified as a national institute for occupational safety and health (NIOSH) "final" or "B-reader" of x-rays under 42 CFR 37.51(b) , whose certification was current at the time of any readings required under this part, and whose B-reads comply with the NIOSH B-Reader's Code of Ethics, Issues in Classification of Chest Radiographs, and Classification of Chest Radiographs in Contested Proceedings; (10) "Chest x-ray" means chest films taken in accordance with all applicable state and federal regulatory standards and taken in the posterior-anterior view; (11) "DLCO" means diffusing capacity of the lung for carbon monoxide, which is the measurement of carbon monoxide transfer from inspired gas to pulmonary capillary blood; (12) "Exposed person" means a person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action; (13) "FEV1" means forced expiratory volume in the first second, which is the maximal volume of air expelled in one (1) second during performance of simple spirometric tests; (14) "FEV1/FVC" means the ratio between the actual values for FEV1 over FVC; (15) "Forced vital capacity" or "FVC" means the maximal volume of air expired with maximum effort from a position of full inspiration; (16) "ILO system and ILO scale" mean the radiological ratings and system for the classification of chest x-rays of the International Labour Office provided in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect on the day any x-rays of the exposed person were reviewed by a certified B-reader; (17) "Nonmalignant condition" means any condition that can be caused by asbestos other than a diagnosed cancer; (18) "Official statements of the American Thoracic Society" means lung function testing standards set forth in statements from the American Thoracic Society, including standardizations of spirometry, standardizations of lung volume testing, standardizations of diffusion capacity testing or single-breath determination of carbon monoxide uptake in the lung, and interpretive strategies for lung function tests, which are in effect on the day of the pulmonary function testing of the exposed person; (19) "Pathological evidence of asbestosis" means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies graded 1(B) or higher under the criteria published in Asbestos-Associated Diseases, 106 Archive of Pathology and Laboratory Medicine 11, Appendix 3 (October 8, 1982), or grade one (1) or higher in pathology of asbestosis, 134 Archive of Pathology and Laboratory Medicine 462-80 (March 2010) (Tables 2 and 3), or as amended at the time of the exam, and there is no other more likely explanation for the presence of the fibrosis; (20) "Plaintiff" has the same meaning as defined in § 29-34-602 ; (21) "Plethysmography or body (box) plethysmography" means the test for determining lung volume in which the exposed person is enclosed in a chamber equipped to measure pressure, flow, or volume change; (22) "Predicted lower limit of normal" means the test value that is the calculated standard convention lying at the fifth percentile, below the upper ninety-five percent (95%) of the reference population, based on age, height, and gender, according to the recommendations by the American Thoracic Society and as referenced in the applicable AMA Guides to the Evaluation of Permanent Impairment, primarily National Health and Nutrition Examination Survey (NHANES) predicted values, or as amended; (23) "Pulmonary function test" means spirometry, lung volume testing, and diffusion capacity testing, including appropriate measurements, quality control data, and graphs, performed in accordance with the methods of calibration and techniques provided in the applicable AMA Guides to the Evaluation of Permanent Impairment and all standards provided in the official statements of the American Thoracic Society in effect on the day pulmonary function testing of the exposed person was conducted; (24) "Qualified physician" means a board-certified internist, pathologist, pulmonary specialist, or specialist in occupational and environmental medicine, as may be appropriate to the actual diagnostic specialty in question, who: (A) Has conducted a physical examination of the exposed person and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed occupational, exposure, medical, smoking, and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos action; (B) Spends no more than thirty-five percent (35%) of the physician's professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than fifty percent (50%) of its revenues from providing such services; (C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos action based on the exposed person's exposure to asbestos; (D) Prepared or directly supervised the preparation and final review of any medical report under this part; and (E) Has not relied on any examinations, tests, radiographs, reports, or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed person in violation of any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted; (25) "Radiological evidence of asbestosis" means a quality 1 or 2 chest x-ray under the ILO system, showing bilateral small, irregular opacities (s, t, or u) occurring primarily in the lower lung zones graded by a certified B-reader as at least 1/0 on the ILO scale; (26) "Radiological evidence of diffuse bilateral pleural thickening" means a quality 1 or 2 chest x-ray under the ILO system, showing diffuse bilateral pleural thickening of at least b2 on the ILO scale and blunting of at least one (1) costophrenic angle as classified by a certified B-reader; (27) "Spirometry" means a test of air capacity of the lung through a spirometer to measure the volume of air inspired and expired; (28) "Supporting test results" means copies of the following documents and images: (A) Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO graphs, lung volume tests and graphs, quality control data, and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this part; (B) B-reading and B-reader reports; (C) Reports of xray examinations; (D) Diagnostic imaging of the chest; (E) Pathology reports; and (F) All other tests reviewed by the diagnosing physician or a qualified physician in reaching the physician's conclusions; (29) "Timed gas dilution" means a method for measuring total lung capacity in which the subject breathes into a spirometer containing a known concentration of an inert and insoluble gas for a specific time, and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer; (30) "Total lung capacity" means the volume of gas contained in the lungs at the end of a maximal inspiration; (31) "Veterans' benefits" has the same meaning as defined in § 29-34-602 ; and (32) "Workers' compensation" has the same meaning as defined in § 29-34-602 . Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
As used in this part:
(1) "AMA Guides to the Evaluation of Permanent Impairment" means the American Medical Association's Guides to the Evaluation of Permanent Impairment in effect at the time of the performance of any examination or test on the exposed person required under this part;
(2) "Asbestos" has the same meaning as defined in § 29-34-602 ;
(3) "Asbestos action" has the same meaning as defined in § 29-34-602 ;
(4) "Asbestosis" means bilateral diffuse interstitial fibrosis of the lungs caused by inhalation of asbestos fibers;
(5) "Board-certified in internal medicine" means a physician who is certified by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this part;
(6) "Board-certified in occupational medicine" means a physician who is certified in the subspecialty of occupational medicine by the American Board of Preventive Medicine or the American Osteopathic Board of Preventive Medicine and whose certification was current at the time of the performance of any examination and rendition of any report required by this part;
(7) "Board-certified in pathology" means a physician who holds primary certification in anatomic pathology or clinical pathology from the American Board of Pathology or the American Osteopathic Board of Pathology, whose certification was current at the time of the performance of an examination and rendition of a report required by this part, and whose professional practice is principally in the field of pathology and involves regular evaluation of pathology materials obtained from surgical or postmortem specimens;
(8) "Board-certified in pulmonary medicine" means a physician who is certified in the subspecialty of pulmonary medicine by the American Board of Internal Medicine or the American Osteopathic Board of Internal Medicine and whose certification was current at the time of the performance of an examination and rendition of a report required by this part;
(9) "Certified B-reader" means an individual who has qualified as a national institute for occupational safety and health (NIOSH) "final" or "B-reader" of x-rays under 42 CFR 37.51(b) , whose certification was current at the time of any readings required under this part, and whose B-reads comply with the NIOSH B-Reader's Code of Ethics, Issues in Classification of Chest Radiographs, and Classification of Chest Radiographs in Contested Proceedings;
(10) "Chest x-ray" means chest films taken in accordance with all applicable state and federal regulatory standards and taken in the posterior-anterior view;
(11) "DLCO" means diffusing capacity of the lung for carbon monoxide, which is the measurement of carbon monoxide transfer from inspired gas to pulmonary capillary blood;
(12) "Exposed person" means a person whose exposure to asbestos or to asbestos-containing products is the basis for an asbestos action;
(13) "FEV1" means forced expiratory volume in the first second, which is the maximal volume of air expelled in one (1) second during performance of simple spirometric tests;
(14) "FEV1/FVC" means the ratio between the actual values for FEV1 over FVC;
(15) "Forced vital capacity" or "FVC" means the maximal volume of air expired with maximum effort from a position of full inspiration;
(16) "ILO system and ILO scale" mean the radiological ratings and system for the classification of chest x-rays of the International Labour Office provided in Guidelines for the Use of ILO International Classification of Radiographs of Pneumoconioses in effect on the day any x-rays of the exposed person were reviewed by a certified B-reader;
(17) "Nonmalignant condition" means any condition that can be caused by asbestos other than a diagnosed cancer;
(18) "Official statements of the American Thoracic Society" means lung function testing standards set forth in statements from the American Thoracic Society, including standardizations of spirometry, standardizations of lung volume testing, standardizations of diffusion capacity testing or single-breath determination of carbon monoxide uptake in the lung, and interpretive strategies for lung function tests, which are in effect on the day of the pulmonary function testing of the exposed person;
(19) "Pathological evidence of asbestosis" means a statement by a board-certified pathologist that more than one (1) representative section of lung tissue uninvolved with any other disease process demonstrates a pattern of peribronchiolar or parenchymal scarring in the presence of characteristic asbestos bodies graded 1(B) or higher under the criteria published in Asbestos-Associated Diseases, 106 Archive of Pathology and Laboratory Medicine 11, Appendix 3 (October 8, 1982), or grade one (1) or higher in pathology of asbestosis, 134 Archive of Pathology and Laboratory Medicine 462-80 (March 2010) (Tables 2 and 3), or as amended at the time of the exam, and there is no other more likely explanation for the presence of the fibrosis;
(20) "Plaintiff" has the same meaning as defined in § 29-34-602 ;
(21) "Plethysmography or body (box) plethysmography" means the test for determining lung volume in which the exposed person is enclosed in a chamber equipped to measure pressure, flow, or volume change;
(22) "Predicted lower limit of normal" means the test value that is the calculated standard convention lying at the fifth percentile, below the upper ninety-five percent (95%) of the reference population, based on age, height, and gender, according to the recommendations by the American Thoracic Society and as referenced in the applicable AMA Guides to the Evaluation of Permanent Impairment, primarily National Health and Nutrition Examination Survey (NHANES) predicted values, or as amended;
(23) "Pulmonary function test" means spirometry, lung volume testing, and diffusion capacity testing, including appropriate measurements, quality control data, and graphs, performed in accordance with the methods of calibration and techniques provided in the applicable AMA Guides to the Evaluation of Permanent Impairment and all standards provided in the official statements of the American Thoracic Society in effect on the day pulmonary function testing of the exposed person was conducted;
(24) "Qualified physician" means a board-certified internist, pathologist, pulmonary specialist, or specialist in occupational and environmental medicine, as may be appropriate to the actual diagnostic specialty in question, who: (A) Has conducted a physical examination of the exposed person and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed occupational, exposure, medical, smoking, and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos action; (B) Spends no more than thirty-five percent (35%) of the physician's professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than fifty percent (50%) of its revenues from providing such services; (C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos action based on the exposed person's exposure to asbestos; (D) Prepared or directly supervised the preparation and final review of any medical report under this part; and (E) Has not relied on any examinations, tests, radiographs, reports, or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed person in violation of any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted;
(A) Has conducted a physical examination of the exposed person and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed occupational, exposure, medical, smoking, and social history from the exposed person, or the physician has reviewed the pathology material and has taken or has directed to be taken under the physician's supervision, direction and control, a detailed history from the person most knowledgeable about the information forming the basis of the asbestos action;
(B) Spends no more than thirty-five percent (35%) of the physician's professional practice time in providing consulting or expert services in connection with actual or potential civil actions, and whose medical group, professional corporation, clinic, or other affiliated group earns not more than fifty percent (50%) of its revenues from providing such services;
(C) Does not require as a condition of diagnosing, examining, testing, screening, or treating the exposed person that legal services be retained by the exposed person or any other person pursuing an asbestos action based on the exposed person's exposure to asbestos;
(D) Prepared or directly supervised the preparation and final review of any medical report under this part; and
(E) Has not relied on any examinations, tests, radiographs, reports, or opinions of any doctor, clinic, laboratory, or testing company that performed an examination, test, radiograph, or screening of the exposed person in violation of any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted;
(25) "Radiological evidence of asbestosis" means a quality 1 or 2 chest x-ray under the ILO system, showing bilateral small, irregular opacities (s, t, or u) occurring primarily in the lower lung zones graded by a certified B-reader as at least 1/0 on the ILO scale;
(26) "Radiological evidence of diffuse bilateral pleural thickening" means a quality 1 or 2 chest x-ray under the ILO system, showing diffuse bilateral pleural thickening of at least b2 on the ILO scale and blunting of at least one (1) costophrenic angle as classified by a certified B-reader;
(27) "Spirometry" means a test of air capacity of the lung through a spirometer to measure the volume of air inspired and expired;
(28) "Supporting test results" means copies of the following documents and images: (A) Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO graphs, lung volume tests and graphs, quality control data, and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this part; (B) B-reading and B-reader reports; (C) Reports of xray examinations; (D) Diagnostic imaging of the chest; (E) Pathology reports; and (F) All other tests reviewed by the diagnosing physician or a qualified physician in reaching the physician's conclusions;
(A) Pulmonary function tests, including printouts of the flow volume loops, volume time curves, DLCO graphs, lung volume tests and graphs, quality control data, and other pertinent data for all trials and all other elements required to demonstrate compliance with the equipment, quality, interpretation, and reporting standards set forth in this part;
(B) B-reading and B-reader reports;
(C) Reports of xray examinations;
(D) Diagnostic imaging of the chest;
(E) Pathology reports; and
(F) All other tests reviewed by the diagnosing physician or a qualified physician in reaching the physician's conclusions;
(29) "Timed gas dilution" means a method for measuring total lung capacity in which the subject breathes into a spirometer containing a known concentration of an inert and insoluble gas for a specific time, and the concentration of that inert and insoluble gas in the lung is compared to the concentration of that type of gas in the spirometer;
(30) "Total lung capacity" means the volume of gas contained in the lungs at the end of a maximal inspiration;
(31) "Veterans' benefits" has the same meaning as defined in § 29-34-602 ; and
(32) "Workers' compensation" has the same meaning as defined in § 29-34-602 .
Added by 2016 Tenn. Acts, ch. 635, s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-27-123 — TN Code / Title 29 / Chapter 27 / Section 29-27-123
Persons not bound by decree
Status: in_force

Such judgment and partition will not affect any tenants or persons having claims as tenants, for life, to the whole of the premises, nor preclude any person, except those specified in § 29-27-122 , from claiming any title to the premises, or from controverting the title or interest of the parties between whom the partition has been made. Code 1858, § 3292; Shan., § 5041; Code 1932, § 9196; T.C.A. (orig. ed.), § 23-2127; modified; T.C.A. (orig. ed.), § 23-2127.
Such judgment and partition will not affect any tenants or persons having claims as tenants, for life, to the whole of the premises, nor preclude any person, except those specified in § 29-27-122 , from claiming any title to the premises, or from controverting the title or interest of the parties between whom the partition has been made.
Code 1858, § 3292; Shan., § 5041; Code 1932, § 9196; T.C.A. (orig. ed.), § 23-2127; modified; T.C.A. (orig. ed.), § 23-2127.