Tenn. Code Ann. § 16-1-105 — TN Code / Title 16 / Chapter 1 / Section 16-1-105
Holding court outside of courthouse or in courthouse or room outside county seat
Status: in_force

(a) (1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse. (2) (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat. (E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C). (F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 . (b) Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse. Amended by 2020 Tenn. Acts, ch. 805, s 1, eff. 7/15/2020. Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7; 1835-1836, ch. 18, § 13); Shan., § 5908; Code 1932, § 10108; modified; T.C.A. (orig. ed.), § 16-105; Acts 1985 (1st E.S.), ch. 12, § 1; 1989, ch. 278, § 28; 1996, ch. 1079, § 30; 2006, ch. 630, § 2.
(a) (1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse. (2) (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat. (E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C). (F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 .
(1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse.
(2) (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat. (E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C). (F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 .
(A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if: (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster; (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable; (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
(i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster;
(ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable;
(iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and
(iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
(B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use.
(C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case.
(D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat.
(E) Nothing in this subdivision (a)(2) allows: (i) The direct or indirect relocation of the county seat; or (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C).
(i) The direct or indirect relocation of the county seat; or
(ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C).
(F) As used in this subdivision (a)(2), "natural disaster" has the same meaning as defined in § 4-31-803 .
(b) Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse.
Amended by 2020 Tenn. Acts, ch. 805, s 1, eff. 7/15/2020.
Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7; 1835-1836, ch. 18, § 13); Shan., § 5908; Code 1932, § 10108; modified; T.C.A. (orig. ed.), § 16-105; Acts 1985 (1st E.S.), ch. 12, § 1; 1989, ch. 278, § 28; 1996, ch. 1079, § 30; 2006, ch. 630, § 2.
Tenn. Code Ann. § 16-16-107 — TN Code / Title 16 / Chapter 16 / Section 16-16-107
Original jurisdiction
Status: in_force

(a) (1) The county court has original jurisdiction in the following cases: (A) The probate of wills; (B) The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration; (C) All controversies in relation to the right of executorship or of administration; (D) The settlement of accounts of executors and administrators; (E) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties; (F) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603; (G) The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts; (H) The partition, sale or division of land; (I) The changing of names and the legitimation of children; (J) The issuance of inquisitions of unsoundness of mind; and (K) The binding out of apprentices, and all controversies between master and apprentice. (2) In counties having a county judge, the county judge shall have the powers enumerated in subdivision (a)(1). (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Code 1858, §§ 4201, 4202 (deriv. Acts 1797, ch. 41; 1805, ch. 2, § 1; 1815, ch. 115; 1835-1836, ch. 6, § 2; 1849-1850, ch. 27, § 1; 1849-1850, ch. 77, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 338, §§ 1, 2; 1853-1854, ch. 53, § 1); Acts 1873, ch. 64, § 1; Shan., §§ 6027, 6029; Code 1932, §§ 10225, 10227; impl. am. Acts 1951, ch. 202; Acts 1976, ch. 529, § 5; T.C.A. (orig. ed.), § 16-709; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2; 2011, ch. 47, § 14.
(a) (1) The county court has original jurisdiction in the following cases: (A) The probate of wills; (B) The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration; (C) All controversies in relation to the right of executorship or of administration; (D) The settlement of accounts of executors and administrators; (E) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties; (F) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603; (G) The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts; (H) The partition, sale or division of land; (I) The changing of names and the legitimation of children; (J) The issuance of inquisitions of unsoundness of mind; and (K) The binding out of apprentices, and all controversies between master and apprentice. (2) In counties having a county judge, the county judge shall have the powers enumerated in subdivision (a)(1).
(1) The county court has original jurisdiction in the following cases: (A) The probate of wills; (B) The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration; (C) All controversies in relation to the right of executorship or of administration; (D) The settlement of accounts of executors and administrators; (E) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties; (F) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603; (G) The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts; (H) The partition, sale or division of land; (I) The changing of names and the legitimation of children; (J) The issuance of inquisitions of unsoundness of mind; and (K) The binding out of apprentices, and all controversies between master and apprentice.
(A) The probate of wills;
(B) The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration;
(C) All controversies in relation to the right of executorship or of administration;
(D) The settlement of accounts of executors and administrators;
(E) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties;
(F) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603;
(G) The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts;
(H) The partition, sale or division of land;
(I) The changing of names and the legitimation of children;
(J) The issuance of inquisitions of unsoundness of mind; and
(K) The binding out of apprentices, and all controversies between master and apprentice.
(2) In counties having a county judge, the county judge shall have the powers enumerated in subdivision (a)(1).
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, §§ 4201, 4202 (deriv. Acts 1797, ch. 41; 1805, ch. 2, § 1; 1815, ch. 115; 1835-1836, ch. 6, § 2; 1849-1850, ch. 27, § 1; 1849-1850, ch. 77, § 1; 1849-1850, ch. 185, § 1; 1851-1852, ch. 338, §§ 1, 2; 1853-1854, ch. 53, § 1); Acts 1873, ch. 64, § 1; Shan., §§ 6027, 6029; Code 1932, §§ 10225, 10227; impl. am. Acts 1951, ch. 202; Acts 1976, ch. 529, § 5; T.C.A. (orig. ed.), § 16-709; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2; 2011, ch. 47, § 14.
Tenn. Code Ann. § 16-15-802 — TN Code / Title 16 / Chapter 15 / Section 16-15-802
Compromise after appeal
Status: in_force

Where an appeal has been prayed and obtained from a judgment of a general sessions court, if the plaintiff and defendant compromise the case before the papers have been returned to the court to which the appeal was taken, and file with the general sessions court a written notice of the fact, signed by both parties, the general sessions court shall issue execution on the judgment, as if no appeal had been taken. Code 1858, § 3072 (deriv. Acts 1829, ch. 33, § 5); Shan., § 4799; Code 1932, § 8930; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-603; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-102.
Where an appeal has been prayed and obtained from a judgment of a general sessions court, if the plaintiff and defendant compromise the case before the papers have been returned to the court to which the appeal was taken, and file with the general sessions court a written notice of the fact, signed by both parties, the general sessions court shall issue execution on the judgment, as if no appeal had been taken.
Code 1858, § 3072 (deriv. Acts 1829, ch. 33, § 5); Shan., § 4799; Code 1932, § 8930; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-603; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-102.
Tenn. Code Ann. § 16-19-108 — TN Code / Title 16 / Chapter 19 / Section 16-19-108
Mental health treatment court program participants
Status: in_force

Each participant in a mental health treatment court program: (1) Shall not be a violent offender or sexual offender; (2) Must have a diagnosis of a severe and persistent mental illness; and (3) Must be willing to participate in the program. Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.
Each participant in a mental health treatment court program:
(1) Shall not be a violent offender or sexual offender;
(2) Must have a diagnosis of a severe and persistent mental illness; and
(3) Must be willing to participate in the program.
Added by 2022 Tenn. Acts, ch. 1071, s 1, eff. 5/25/2022.
Tenn. Code Ann. § 16-20-106 — TN Code / Title 16 / Chapter 20 / Section 16-20-106
Raising and disbursing funds - State funding
Status: in_force

(a) A victim-offender mediation center may raise and disburse funds from any public or private source for the purposes of this chapter. (b) A center's share of funding from the state shall not exceed fifty percent (50%) of the approved estimated cost of the program; provided, that during the first three (3) years of operation for any new center, the fifty percent (50%) limitation upon funding from the state shall not apply. In distributing state funds to victim-offender mediation centers, the administrative office of the courts shall consider the need of each center applying for funding. (c) (1) By a two-thirds (2/3) vote of its legislative body, each county and municipality, as provided in this subdivision (c)(1), is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. This subdivision (c)(1) shall only apply in any municipality in any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, and in any county having a population according to such census as follows: not less than not more than 9,000 9,250 34,735 34,800 51,350 51,450 54,600 55,000 68,100 68,400 (2) Any revenue generated by a county pursuant to subdivision (c)(1) shall be used exclusively to support the local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to such victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters. (d) By a two-thirds (2/3) vote of its legislative body, each county to which subdivision (c)(1) does not apply is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. Any revenue so generated by the county shall be held in a separately designated account until a local victim-offender mediation center is established in the county pursuant to this chapter. Upon the establishment of the victim-offender mediation center, the revenue generated pursuant to this subsection (d) shall be distributed by the county in the manner prescribed by subdivision (c)(2). (e) The taxes levied by subsections (c) and (d) shall be in addition to any other taxes levied on litigation. (f) (1) By a two-thirds (2/3) vote of its legislative body, any county having a charter form of government that has a population of less than four hundred thousand (400,000), according to the 2000 federal census or any subsequent federal census, is authorized to levy an additional litigation tax of one dollar ($1.00) up to a maximum of five dollars ($5.00), to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts. The additional one dollar ($1.00) litigation tax may be increased yearly by one dollar ($1.00) until a total litigation tax of five dollars ($5.00) has been levied for such filings. (2) Any revenue generated by a county pursuant to subdivision (f)(1) shall be used exclusively to support a local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters. (3) The taxes levied pursuant to this subsection (f) shall be in addition to any other taxes levied on litigation. (g) (1) By a two-thirds (2/3) vote of its legislative body, each county to which subdivision (c)(1) or (d) is applicable is authorized to levy an additional one-dollar ($1.00) litigation tax, for a total of two dollars ($2.00) per case, to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts. (2) Any revenue generated by subdivision (g)(1) shall be used by the county for the exclusive purpose of supporting a local victim-offender mediation center or centers organized pursuant to this chapter. Such funds shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters. (3) The taxes levied pursuant to this subsection (g) shall be in addition to any other taxes levied on litigation. (4) Notwithstanding any provision of this subsection (g) to the contrary, any fees increased by this subsection (g) that are assessed against the state or that otherwise represent a cost to the state shall be limited to the amounts chargeable prior to January 1, 2012. Acts 1993, ch. 420, § 6; 1999, ch. 533, §§1 - 3; 2008 , ch. 800, §1; 2009 , ch. 495, §§1, 2; 2011 , ch. 254, §1; 2012 , ch. 982, §§ 1, 2.
(a) A victim-offender mediation center may raise and disburse funds from any public or private source for the purposes of this chapter.
(b) A center's share of funding from the state shall not exceed fifty percent (50%) of the approved estimated cost of the program; provided, that during the first three (3) years of operation for any new center, the fifty percent (50%) limitation upon funding from the state shall not apply. In distributing state funds to victim-offender mediation centers, the administrative office of the courts shall consider the need of each center applying for funding.
(c) (1) By a two-thirds (2/3) vote of its legislative body, each county and municipality, as provided in this subdivision (c)(1), is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. This subdivision (c)(1) shall only apply in any municipality in any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, and in any county having a population according to such census as follows: not less than not more than 9,000 9,250 34,735 34,800 51,350 51,450 54,600 55,000 68,100 68,400 (2) Any revenue generated by a county pursuant to subdivision (c)(1) shall be used exclusively to support the local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to such victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
(1) By a two-thirds (2/3) vote of its legislative body, each county and municipality, as provided in this subdivision (c)(1), is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. This subdivision (c)(1) shall only apply in any municipality in any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, and in any county having a population according to such census as follows: not less than not more than 9,000 9,250 34,735 34,800 51,350 51,450 54,600 55,000 68,100 68,400
not less than not more than 9,000 9,250 34,735 34,800 51,350 51,450 54,600 55,000 68,100 68,400
not less than
not more than
9,000
9,250
34,735
34,800
51,350
51,450
54,600
55,000
68,100
68,400
(2) Any revenue generated by a county pursuant to subdivision (c)(1) shall be used exclusively to support the local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to such victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
(d) By a two-thirds (2/3) vote of its legislative body, each county to which subdivision (c)(1) does not apply is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. Any revenue so generated by the county shall be held in a separately designated account until a local victim-offender mediation center is established in the county pursuant to this chapter. Upon the establishment of the victim-offender mediation center, the revenue generated pursuant to this subsection (d) shall be distributed by the county in the manner prescribed by subdivision (c)(2).
(e) The taxes levied by subsections (c) and (d) shall be in addition to any other taxes levied on litigation.
(f) (1) By a two-thirds (2/3) vote of its legislative body, any county having a charter form of government that has a population of less than four hundred thousand (400,000), according to the 2000 federal census or any subsequent federal census, is authorized to levy an additional litigation tax of one dollar ($1.00) up to a maximum of five dollars ($5.00), to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts. The additional one dollar ($1.00) litigation tax may be increased yearly by one dollar ($1.00) until a total litigation tax of five dollars ($5.00) has been levied for such filings. (2) Any revenue generated by a county pursuant to subdivision (f)(1) shall be used exclusively to support a local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters. (3) The taxes levied pursuant to this subsection (f) shall be in addition to any other taxes levied on litigation.
(1) By a two-thirds (2/3) vote of its legislative body, any county having a charter form of government that has a population of less than four hundred thousand (400,000), according to the 2000 federal census or any subsequent federal census, is authorized to levy an additional litigation tax of one dollar ($1.00) up to a maximum of five dollars ($5.00), to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts. The additional one dollar ($1.00) litigation tax may be increased yearly by one dollar ($1.00) until a total litigation tax of five dollars ($5.00) has been levied for such filings.
(2) Any revenue generated by a county pursuant to subdivision (f)(1) shall be used exclusively to support a local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
(3) The taxes levied pursuant to this subsection (f) shall be in addition to any other taxes levied on litigation.
(g) (1) By a two-thirds (2/3) vote of its legislative body, each county to which subdivision (c)(1) or (d) is applicable is authorized to levy an additional one-dollar ($1.00) litigation tax, for a total of two dollars ($2.00) per case, to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts. (2) Any revenue generated by subdivision (g)(1) shall be used by the county for the exclusive purpose of supporting a local victim-offender mediation center or centers organized pursuant to this chapter. Such funds shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters. (3) The taxes levied pursuant to this subsection (g) shall be in addition to any other taxes levied on litigation. (4) Notwithstanding any provision of this subsection (g) to the contrary, any fees increased by this subsection (g) that are assessed against the state or that otherwise represent a cost to the state shall be limited to the amounts chargeable prior to January 1, 2012.
(1) By a two-thirds (2/3) vote of its legislative body, each county to which subdivision (c)(1) or (d) is applicable is authorized to levy an additional one-dollar ($1.00) litigation tax, for a total of two dollars ($2.00) per case, to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts.
(2) Any revenue generated by subdivision (g)(1) shall be used by the county for the exclusive purpose of supporting a local victim-offender mediation center or centers organized pursuant to this chapter. Such funds shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
(3) The taxes levied pursuant to this subsection (g) shall be in addition to any other taxes levied on litigation.
(4) Notwithstanding any provision of this subsection (g) to the contrary, any fees increased by this subsection (g) that are assessed against the state or that otherwise represent a cost to the state shall be limited to the amounts chargeable prior to January 1, 2012.
Acts 1993, ch. 420, § 6; 1999, ch. 533, §§1 - 3; 2008 , ch. 800, §1; 2009 , ch. 495, §§1, 2; 2011 , ch. 254, §1; 2012 , ch. 982, §§ 1, 2.
Tenn. Code Ann. § 16-15-5009 — TN Code / Title 16 / Chapter 15 / Section 16-15-5009
Jurisdiction added by private act
Status: in_force

(a) If added jurisdiction to hear probate, domestic relations or workers' compensation cases is given to a general sessions court by private act, cases shall be filed in either the circuit court clerk's or clerk and master's office unless otherwise provided by private act. The general sessions court that has been given the added jurisdiction to hear such cases shall be assigned cases for hearing by agreement of the general sessions court judges and the circuit court judges and the chancellors. (b) If added jurisdiction in juvenile cases is given to a general sessions court by private act, cases shall be filed in the clerk's office where the cases are presently filed unless otherwise provided by private act. Acts 1988, ch. 698, § 11.
(a) If added jurisdiction to hear probate, domestic relations or workers' compensation cases is given to a general sessions court by private act, cases shall be filed in either the circuit court clerk's or clerk and master's office unless otherwise provided by private act. The general sessions court that has been given the added jurisdiction to hear such cases shall be assigned cases for hearing by agreement of the general sessions court judges and the circuit court judges and the chancellors.
(b) If added jurisdiction in juvenile cases is given to a general sessions court by private act, cases shall be filed in the clerk's office where the cases are presently filed unless otherwise provided by private act.
Acts 1988, ch. 698, § 11.
Tenn. Code Ann. § 16-4-108 — TN Code / Title 16 / Chapter 4 / Section 16-4-108
Jurisdiction - Venue
Status: in_force

(a) (1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g) . (2) All cases within the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct. (b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter. Acts 1925, ch. 100, § 10; Shan. Supp., § 6325a10; Code 1932, §10618; Acts 1951, ch. 9, § 1; 1951, ch. 66, § 1; 1977, ch. 390, §1; T.C.A. (orig. ed.), § 16-408; Acts 1989, ch. 40, § 3; 1989, ch. 147, § 2; 1992, ch. 952, § 2.
(a) (1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g) . (2) All cases within the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct.
(1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g) .
(2) All cases within the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct.
(b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter.
Acts 1925, ch. 100, § 10; Shan. Supp., § 6325a10; Code 1932, §10618; Acts 1951, ch. 9, § 1; 1951, ch. 66, § 1; 1977, ch. 390, §1; T.C.A. (orig. ed.), § 16-408; Acts 1989, ch. 40, § 3; 1989, ch. 147, § 2; 1992, ch. 952, § 2.
Tenn. Code Ann. § 16-15-402 — TN Code / Title 16 / Chapter 15 / Section 16-15-402
General duties
Status: in_force

It is the duty of a general sessions court judge: (1) To return all marriage licenses under which the judge has solemnized the rites of matrimony to the office of the county clerk within thirty (30) days; (2) To deliver over, in case of resignation, removal, or expiration of the judge's term of office, all the judge's official books and papers, according to law; and (3) Not to sign a warrant or summons or any other leading process, attachment or document until written out in full. Code 1858, § 4126 (deriv. Acts 1805, ch. 66, § 1; 1809 (Sept.), ch. 63, § 2; 1829, ch. 125, § 1; 1835-1836, ch. 17, §§ 7, 13-15); Acts 1889, ch. 251, §§ 1, 2; Shan., § 5938; mod. Code 1932, § 10139; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-203; Acts 1993, ch. 241, §§ 10, 11.
It is the duty of a general sessions court judge:
(1) To return all marriage licenses under which the judge has solemnized the rites of matrimony to the office of the county clerk within thirty (30) days;
(2) To deliver over, in case of resignation, removal, or expiration of the judge's term of office, all the judge's official books and papers, according to law; and
(3) Not to sign a warrant or summons or any other leading process, attachment or document until written out in full.
Code 1858, § 4126 (deriv. Acts 1805, ch. 66, § 1; 1809 (Sept.), ch. 63, § 2; 1829, ch. 125, § 1; 1835-1836, ch. 17, §§ 7, 13-15); Acts 1889, ch. 251, §§ 1, 2; Shan., § 5938; mod. Code 1932, § 10139; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-203; Acts 1993, ch. 241, §§ 10, 11.
Tenn. Code Ann. § 16-18-309 — TN Code / Title 16 / Chapter 18 / Section 16-18-309
Training and continuing education
Status: in_force

(a) (1) Except as otherwise provided in subdivision (a)(4), each calendar year, the judge of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the administrative office of the courts (AOC) and must certify attendance to the administrative director. The three (3) hours of training or continuing education required by this subsection (a) shall consist of material specifically designed for municipal court judges and for training the judges concerning the issues, procedures and new developments relevant to the judges. General legal training or continuing legal education shall not be sufficient to satisfy the requirement. If a municipal court judge fails to timely comply with such requirements, then the judge shall be extended a six (6) month grace period in order to achieve compliance; provided, however, that training obtained to satisfy requirements for the preceding calendar year shall not also be used to satisfy requirements for the current calendar year. The failure of the judge to achieve compliance prior to conclusion of the six (6) month grace period shall render all subsequent judgments of the judge null and void and of no effect, until such time as the requirements are met. The training and continuing education courses may be offered by the AOC in conjunction with the annual meeting of the Tennessee municipal judges' conference held in accordance with § 17-3-301(c) . (2) Each municipal judge shall be compensated and reimbursed for attending required training or continuing education in accordance with the travel policy of the municipality. (3) If a municipal court judge attends more than three (3) hours of qualifying training or continuing education in a calendar year, the hours in excess of three (3) hours may be carried over for one (1) calendar year. (4) If the judge of a municipal court is authorized to practice law in the courts of this state, and if the judge satisfies the annual continuing legal education requirements for practicing attorneys and three (3) of the hours completed in satisfying the continuing legal education requirements are training or continuing education courses required by subdivision (a)(1), then the judge shall not be required to complete three (3) additional hours of training or continuing education courses required by subdivision (a)(1). By March 1 following the year for which the requirements are met, the judge shall submit to the administrative office of the courts a copy of the statement of compliance issued by the commission on continuing legal education verifying the number of continuing legal education hours completed for such year. (b) (1) Each calendar year, the clerk of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the AOC and must certify attendance to the administrative director; provided, however, that such attendance requirements do not apply to any municipal clerk who is required to be certified pursuant to § 6-54-120 . (2) Each municipal court clerk shall be compensated and reimbursed for attending required training and continuing education in accordance with the travel policy of the municipality. Acts 2004, ch. 914, § 2; 2006, ch. 1004, §§ 3, 4; 2009 , ch. 505, §§ 2, 3.
(a) (1) Except as otherwise provided in subdivision (a)(4), each calendar year, the judge of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the administrative office of the courts (AOC) and must certify attendance to the administrative director. The three (3) hours of training or continuing education required by this subsection (a) shall consist of material specifically designed for municipal court judges and for training the judges concerning the issues, procedures and new developments relevant to the judges. General legal training or continuing legal education shall not be sufficient to satisfy the requirement. If a municipal court judge fails to timely comply with such requirements, then the judge shall be extended a six (6) month grace period in order to achieve compliance; provided, however, that training obtained to satisfy requirements for the preceding calendar year shall not also be used to satisfy requirements for the current calendar year. The failure of the judge to achieve compliance prior to conclusion of the six (6) month grace period shall render all subsequent judgments of the judge null and void and of no effect, until such time as the requirements are met. The training and continuing education courses may be offered by the AOC in conjunction with the annual meeting of the Tennessee municipal judges' conference held in accordance with § 17-3-301(c) . (2) Each municipal judge shall be compensated and reimbursed for attending required training or continuing education in accordance with the travel policy of the municipality. (3) If a municipal court judge attends more than three (3) hours of qualifying training or continuing education in a calendar year, the hours in excess of three (3) hours may be carried over for one (1) calendar year. (4) If the judge of a municipal court is authorized to practice law in the courts of this state, and if the judge satisfies the annual continuing legal education requirements for practicing attorneys and three (3) of the hours completed in satisfying the continuing legal education requirements are training or continuing education courses required by subdivision (a)(1), then the judge shall not be required to complete three (3) additional hours of training or continuing education courses required by subdivision (a)(1). By March 1 following the year for which the requirements are met, the judge shall submit to the administrative office of the courts a copy of the statement of compliance issued by the commission on continuing legal education verifying the number of continuing legal education hours completed for such year.
(1) Except as otherwise provided in subdivision (a)(4), each calendar year, the judge of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the administrative office of the courts (AOC) and must certify attendance to the administrative director. The three (3) hours of training or continuing education required by this subsection (a) shall consist of material specifically designed for municipal court judges and for training the judges concerning the issues, procedures and new developments relevant to the judges. General legal training or continuing legal education shall not be sufficient to satisfy the requirement. If a municipal court judge fails to timely comply with such requirements, then the judge shall be extended a six (6) month grace period in order to achieve compliance; provided, however, that training obtained to satisfy requirements for the preceding calendar year shall not also be used to satisfy requirements for the current calendar year. The failure of the judge to achieve compliance prior to conclusion of the six (6) month grace period shall render all subsequent judgments of the judge null and void and of no effect, until such time as the requirements are met. The training and continuing education courses may be offered by the AOC in conjunction with the annual meeting of the Tennessee municipal judges' conference held in accordance with § 17-3-301(c) .
(2) Each municipal judge shall be compensated and reimbursed for attending required training or continuing education in accordance with the travel policy of the municipality.
(3) If a municipal court judge attends more than three (3) hours of qualifying training or continuing education in a calendar year, the hours in excess of three (3) hours may be carried over for one (1) calendar year.
(4) If the judge of a municipal court is authorized to practice law in the courts of this state, and if the judge satisfies the annual continuing legal education requirements for practicing attorneys and three (3) of the hours completed in satisfying the continuing legal education requirements are training or continuing education courses required by subdivision (a)(1), then the judge shall not be required to complete three (3) additional hours of training or continuing education courses required by subdivision (a)(1). By March 1 following the year for which the requirements are met, the judge shall submit to the administrative office of the courts a copy of the statement of compliance issued by the commission on continuing legal education verifying the number of continuing legal education hours completed for such year.
(b) (1) Each calendar year, the clerk of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the AOC and must certify attendance to the administrative director; provided, however, that such attendance requirements do not apply to any municipal clerk who is required to be certified pursuant to § 6-54-120 . (2) Each municipal court clerk shall be compensated and reimbursed for attending required training and continuing education in accordance with the travel policy of the municipality.
(1) Each calendar year, the clerk of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the AOC and must certify attendance to the administrative director; provided, however, that such attendance requirements do not apply to any municipal clerk who is required to be certified pursuant to § 6-54-120 .
(2) Each municipal court clerk shall be compensated and reimbursed for attending required training and continuing education in accordance with the travel policy of the municipality.
Acts 2004, ch. 914, § 2; 2006, ch. 1004, §§ 3, 4; 2009 , ch. 505, §§ 2, 3.
Tenn. Code Ann. § 16-11-111 — TN Code / Title 16 / Chapter 11 / Section 16-11-111
Partition or sale of property
Status: in_force

The chancery court has jurisdiction, concurrent with the circuit and county courts, of proceedings for the partition or sale of estates by personal representatives, guardians, heirs, or tenants in common, and for the sale of land at the instance of creditors of the decedent, if the personal property is insufficient to satisfy the debts of the estate. Code 1858, § 4302 (deriv. Acts 1787, ch. 17; 1835-1836, ch. 20, § 1); Shan., § 6112; mod. Code 1932, § 10380; Acts 1976, ch. 529, § 4; T.C.A. (orig. ed.), § 16-613.
The chancery court has jurisdiction, concurrent with the circuit and county courts, of proceedings for the partition or sale of estates by personal representatives, guardians, heirs, or tenants in common, and for the sale of land at the instance of creditors of the decedent, if the personal property is insufficient to satisfy the debts of the estate.
Code 1858, § 4302 (deriv. Acts 1787, ch. 17; 1835-1836, ch. 20, § 1); Shan., § 6112; mod. Code 1932, § 10380; Acts 1976, ch. 529, § 4; T.C.A. (orig. ed.), § 16-613.
Tenn. Code Ann. § 16-15-5014 — TN Code / Title 16 / Chapter 15 / Section 16-15-5014
Domestic violence court for Shelby County
Status: in_force

(a) In order to maximize and concentrate limited prosecutorial, counseling and other social resources to victims of domestic violence, the tenth division of the Shelby County general sessions court shall serve as the domestic violence court for Shelby County. (b) Provided that the caseload of the domestic violence court does not exceed the capacity of the tenth division to hear all such cases, the tenth division of the Shelby County general sessions court shall have exclusive jurisdiction over matters involving domestic violence, orders of protection, domestic assault and all other cases incident to domestic abuse as defined in § 36-3-601 ; provided, however, that the tenth division may retain concurrent jurisdiction over other types of cases. The determination whether the tenth division of the Shelby County general sessions court has exceeded its capacity to hear all domestic violence cases shall be made by the presiding judge of the tenth division in consultation with the chief judge of the Shelby County general sessions court. (c) If it has been determined pursuant to subsection (b) that the caseload of the domestic violence court exceeds the capacity of the tenth division of the Shelby County general sessions court to hear all such cases, then the excess cases shall be distributed among the remaining divisions of the Shelby County general sessions court to be heard. (d) The general sessions court shall commence as the domestic violence court for Shelby County no later than September 1, 2009. Acts 2009, ch. 391, § 1.
(a) In order to maximize and concentrate limited prosecutorial, counseling and other social resources to victims of domestic violence, the tenth division of the Shelby County general sessions court shall serve as the domestic violence court for Shelby County.
(b) Provided that the caseload of the domestic violence court does not exceed the capacity of the tenth division to hear all such cases, the tenth division of the Shelby County general sessions court shall have exclusive jurisdiction over matters involving domestic violence, orders of protection, domestic assault and all other cases incident to domestic abuse as defined in § 36-3-601 ; provided, however, that the tenth division may retain concurrent jurisdiction over other types of cases. The determination whether the tenth division of the Shelby County general sessions court has exceeded its capacity to hear all domestic violence cases shall be made by the presiding judge of the tenth division in consultation with the chief judge of the Shelby County general sessions court.
(c) If it has been determined pursuant to subsection (b) that the caseload of the domestic violence court exceeds the capacity of the tenth division of the Shelby County general sessions court to hear all such cases, then the excess cases shall be distributed among the remaining divisions of the Shelby County general sessions court to be heard.
(d) The general sessions court shall commence as the domestic violence court for Shelby County no later than September 1, 2009.
Acts 2009, ch. 391, § 1.
Tenn. Code Ann. § 16-5-110 — TN Code / Title 16 / Chapter 5 / Section 16-5-110
Transfer and docketing of cases
Status: in_force

(a) All cases appealed to the court of criminal appeals for the purpose of review shall be filed and docketed with the clerk of the court of criminal appeals for the grand division within which the case arose. All appeal cases originating in the western grand division shall be filed with the clerk of the court of criminal appeals at Jackson. All cases from the middle grand division shall be filed with the clerk of the court at Nashville, and all cases originating in the eastern grand division shall be filed with the clerk of the court at Knoxville. (b) The court of criminal appeals, in its discretion, may transfer any case, appeal record, or any other matter of business coming before the court from one grand division to another grand division for hearing when the respective parties agree to the transfer. Upon application or motion by either of the parties for the case to be transferred to another grand division, the court, in its discretion, may issue an order of transfer when it finds the ends of justice require, and the transfer is necessary and proper to safeguard the interest of the respective parties or in the interest of the general public welfare. Acts 1967, ch. 226, § 10; modified; T.C.A., § 16-450; Acts 1981, ch. 449, § 2.
(a) All cases appealed to the court of criminal appeals for the purpose of review shall be filed and docketed with the clerk of the court of criminal appeals for the grand division within which the case arose. All appeal cases originating in the western grand division shall be filed with the clerk of the court of criminal appeals at Jackson. All cases from the middle grand division shall be filed with the clerk of the court at Nashville, and all cases originating in the eastern grand division shall be filed with the clerk of the court at Knoxville.
(b) The court of criminal appeals, in its discretion, may transfer any case, appeal record, or any other matter of business coming before the court from one grand division to another grand division for hearing when the respective parties agree to the transfer. Upon application or motion by either of the parties for the case to be transferred to another grand division, the court, in its discretion, may issue an order of transfer when it finds the ends of justice require, and the transfer is necessary and proper to safeguard the interest of the respective parties or in the interest of the general public welfare.
Acts 1967, ch. 226, § 10; modified; T.C.A., § 16-450; Acts 1981, ch. 449, § 2.
Tenn. Code Ann. § 16-15-209 — TN Code / Title 16 / Chapter 15 / Section 16-15-209
Failure of judge to attend - Selection of special judge
Status: in_force

(a) (1) If the judge of a court of general sessions or juvenile court finds it necessary to be absent from holding court, the judge may seek a special judge in accordance with the requirements of and in the numerical sequence designated by this section. (2) If a special judge is necessary, the judge shall attempt to identify another judge who may serve by interchange, pursuant to § 17-2-208 . If another judge cannot serve by interchange, a judge may seek to find any former or retired judge, who will, by mutual agreement, sit as special judge. The special judge shall serve by designation of the chief justice of the supreme court. (3) If the judge is unable to secure a judge under subdivision (a)(2), the judge may apply to the administrative office of the courts for assistance in finding a judge to sit by designation of the chief justice as a special judge. (4) Only after exhausting the procedures set out in subdivisions (a)(2) and (3), a judge may appoint a lawyer from a list, on a rotating basis, of lawyers that have been previously approved by the judge or judges of the district or county who are constitutionally qualified, in good standing, and possess sufficient experience and expertise. A lawyer appointed is subject to the following limitations, which shall be made known to persons attending any court proceeding presided over by a lawyer, as evidenced by an entry in the minutes or other permanent record of the court: (A) The lawyer may preside only if the parties and counsel are notified that the duly elected or appointed judge will be absent and that a practicing lawyer will serve as a special judge; (B) The parties choose to proceed and not to continue the case pending return of the duly elected or appointed judge; (C) The lawyer shall not approve the payment of attorney's fees involving an indigent defense claim or any discretionary fees. A special judge shall approve fees only when the exact amount is set by statute; and (D) At the opening of any court session presided over by a lawyer appointed pursuant to this section, an announcement shall be made to persons in attendance conveying the information contained in subdivisions (a)(4)(A) and (B). The making of such an announcement constitutes compliance with the notice requirements of this section. (b) A general sessions or juvenile judge assigned to a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge is assigned. Reimbursement shall be in an amount in accordance with the comprehensive travel regulations promulgated by the supreme court. (c) The county legislative body, by resolution adopted by a two-thirds (2/3) vote, may authorize the payment of compensation to a special judge selected pursuant to subdivision (a)(3). The amount of compensation shall not exceed the rate of compensation for other judges of the general sessions court or juvenile court for the county. (d) Notwithstanding subdivisions (a)(2) and (3), a general sessions or juvenile judge who encounters a sudden and unexpected emergency which causes the judge to be absent from court may forego the requirements of those subdivisions and appoint a lawyer in accordance with subdivision (a)(4). The circumstances requiring the appointment of a lawyer pursuant to this subsection (d) shall be entered upon the minutes or other permanent record of the court in addition to the information required in subdivision (a)(4). (e) (1) Upon approval of this subsection (e) and subsections (f)-(h) by resolution adopted by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and notwithstanding any other provision of this subsection (e) and subsections (f)-(h) to the contrary, if a judge of a court of general sessions or juvenile court in the county finds it necessary to be absent from holding court, another judge may sit by interchange for the absent judge upon entering an order finding it in the best interest of judicial efficiency. The order shall identify the absent judge and the interchanging judge, and shall be kept on file in the office of the clerk of the court. Upon a finding that interchange is not in the best interest of judicial efficiency, the judge so finding may appoint an attorney as a special judge. The appointments shall be on a rotating basis, from a list of attorneys previously approved by all of the duly elected or appointed general sessions or juvenile court judges, as being constitutionally qualified, in good standing, and possessing sufficient experience and skill. The appointment of a special judge shall be by written order, identifying the absent judge and the special judge, and shall be kept on file in the office of the clerk of the court. (2) During the month of September each year, the clerk of the court shall prepare, for each division of court governed by subdivision (e)(1), an annual report for the preceding twelve (12) months, setting out the total number of sessions of court presided over by a special judge, or by a judge sitting by interchange. The clerk shall also report the total number of sessions of court that are scheduled in each division of court for that period. The orders and reports required by this subdivision (e)(2) shall be filed, and kept open for public inspection, by the clerk of the court. The clerk of the court shall promptly file a copy of the annual report with the administrative office of the courts, created by § 16-3-801 . (f) All special judges appointed under subsection (e) shall be subject to the following limitations: (1) All parties and counsel appearing before the special judge shall be notified that the duly elected or appointed judge is absent, and that a practicing attorney is serving as special judge; (2) If there is no duly elected or appointed judge available to preside over the trial of a contested case, either side shall be entitled to continue the case pending the return of a duly elected or appointed judge; (3) A special judge shall not preside over a contested cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall be kept on file with the clerk of the court as part of the legal record of that cause; and (4) A special judge shall not approve the payment of attorney fees, involving an indigent defense claim or any discretionary fees; provided, that a special judge may enter a judgment for attorney fees when: (A) The exact amount is set by statute; or (B) The party to be charged has executed a written agreement calling for the payment of attorney fees, and the fees shall be the amount specified in the agreement, but in no case more than one-third (1/3) of the principal amount of the debt upon which the suit is brought. (g) (1) Subsections (e) and (f) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a special judge: (A) A duly elected or appointed judge of any other juvenile or general sessions court, a trial court judge; or (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer. (2) Notwithstanding subsections (e) and (f), a general sessions or juvenile court judge shall have the authority to appoint a special judge as provided in subdivision (g)(1). (h) (1) Notwithstanding any other law to the contrary, in any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the county governing body of that county may appoint a special substitute judge or judges to serve as a judge in the court of general sessions or juvenile court in the county in the absence of any one (1) of such elected judge or judges. (2) A special substitute judge appointed shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility. (3) The compensation for a special substitute judge pursuant to subsections (e)-(f) and this subsection (h) shall be fixed by the county governing body and shall be paid from any fund appropriated for such purpose by the county governing body. (i) A general sessions or juvenile judge selected to serve by interchange pursuant to subdivision (a)(1) in a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge travels to serve. Reimbursement shall be assessed in accordance with the standard mileage rate, maximum parking fee, maximum lodging credit, maximum meals, and incidentals credit set forth in the last published comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Travel expenses relative to mileage, parking, meals, and incidentals shall not exceed one hundred dollars ($100) per day. A general sessions or juvenile judge entitled to reimbursement pursuant to this subsection (i) must submit all travel expense claims to the appropriate county official responsible for processing travel reimbursement. Amended by 2021 Tenn. Acts, ch. 266, s 1, eff. 7/1/2021. Acts 1959, ch. 109, § 14; 1968, ch. 533, § 1; T.C.A., § 16-1114; Acts 1994, ch. 751, § 1; 1997 , ch. 473, § 3; 1998, ch. 943, § 1; 2009 , ch. 235, § 1; 2010 , ch. 757, §§ 1, 2.
(a) (1) If the judge of a court of general sessions or juvenile court finds it necessary to be absent from holding court, the judge may seek a special judge in accordance with the requirements of and in the numerical sequence designated by this section. (2) If a special judge is necessary, the judge shall attempt to identify another judge who may serve by interchange, pursuant to § 17-2-208 . If another judge cannot serve by interchange, a judge may seek to find any former or retired judge, who will, by mutual agreement, sit as special judge. The special judge shall serve by designation of the chief justice of the supreme court. (3) If the judge is unable to secure a judge under subdivision (a)(2), the judge may apply to the administrative office of the courts for assistance in finding a judge to sit by designation of the chief justice as a special judge. (4) Only after exhausting the procedures set out in subdivisions (a)(2) and (3), a judge may appoint a lawyer from a list, on a rotating basis, of lawyers that have been previously approved by the judge or judges of the district or county who are constitutionally qualified, in good standing, and possess sufficient experience and expertise. A lawyer appointed is subject to the following limitations, which shall be made known to persons attending any court proceeding presided over by a lawyer, as evidenced by an entry in the minutes or other permanent record of the court: (A) The lawyer may preside only if the parties and counsel are notified that the duly elected or appointed judge will be absent and that a practicing lawyer will serve as a special judge; (B) The parties choose to proceed and not to continue the case pending return of the duly elected or appointed judge; (C) The lawyer shall not approve the payment of attorney's fees involving an indigent defense claim or any discretionary fees. A special judge shall approve fees only when the exact amount is set by statute; and (D) At the opening of any court session presided over by a lawyer appointed pursuant to this section, an announcement shall be made to persons in attendance conveying the information contained in subdivisions (a)(4)(A) and (B). The making of such an announcement constitutes compliance with the notice requirements of this section.
(1) If the judge of a court of general sessions or juvenile court finds it necessary to be absent from holding court, the judge may seek a special judge in accordance with the requirements of and in the numerical sequence designated by this section.
(2) If a special judge is necessary, the judge shall attempt to identify another judge who may serve by interchange, pursuant to § 17-2-208 . If another judge cannot serve by interchange, a judge may seek to find any former or retired judge, who will, by mutual agreement, sit as special judge. The special judge shall serve by designation of the chief justice of the supreme court.
(3) If the judge is unable to secure a judge under subdivision (a)(2), the judge may apply to the administrative office of the courts for assistance in finding a judge to sit by designation of the chief justice as a special judge.
(4) Only after exhausting the procedures set out in subdivisions (a)(2) and (3), a judge may appoint a lawyer from a list, on a rotating basis, of lawyers that have been previously approved by the judge or judges of the district or county who are constitutionally qualified, in good standing, and possess sufficient experience and expertise. A lawyer appointed is subject to the following limitations, which shall be made known to persons attending any court proceeding presided over by a lawyer, as evidenced by an entry in the minutes or other permanent record of the court: (A) The lawyer may preside only if the parties and counsel are notified that the duly elected or appointed judge will be absent and that a practicing lawyer will serve as a special judge; (B) The parties choose to proceed and not to continue the case pending return of the duly elected or appointed judge; (C) The lawyer shall not approve the payment of attorney's fees involving an indigent defense claim or any discretionary fees. A special judge shall approve fees only when the exact amount is set by statute; and (D) At the opening of any court session presided over by a lawyer appointed pursuant to this section, an announcement shall be made to persons in attendance conveying the information contained in subdivisions (a)(4)(A) and (B). The making of such an announcement constitutes compliance with the notice requirements of this section.
(A) The lawyer may preside only if the parties and counsel are notified that the duly elected or appointed judge will be absent and that a practicing lawyer will serve as a special judge;
(B) The parties choose to proceed and not to continue the case pending return of the duly elected or appointed judge;
(C) The lawyer shall not approve the payment of attorney's fees involving an indigent defense claim or any discretionary fees. A special judge shall approve fees only when the exact amount is set by statute; and
(D) At the opening of any court session presided over by a lawyer appointed pursuant to this section, an announcement shall be made to persons in attendance conveying the information contained in subdivisions (a)(4)(A) and (B). The making of such an announcement constitutes compliance with the notice requirements of this section.
(b) A general sessions or juvenile judge assigned to a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge is assigned. Reimbursement shall be in an amount in accordance with the comprehensive travel regulations promulgated by the supreme court.
(c) The county legislative body, by resolution adopted by a two-thirds (2/3) vote, may authorize the payment of compensation to a special judge selected pursuant to subdivision (a)(3). The amount of compensation shall not exceed the rate of compensation for other judges of the general sessions court or juvenile court for the county.
(d) Notwithstanding subdivisions (a)(2) and (3), a general sessions or juvenile judge who encounters a sudden and unexpected emergency which causes the judge to be absent from court may forego the requirements of those subdivisions and appoint a lawyer in accordance with subdivision (a)(4). The circumstances requiring the appointment of a lawyer pursuant to this subsection (d) shall be entered upon the minutes or other permanent record of the court in addition to the information required in subdivision (a)(4).
(e) (1) Upon approval of this subsection (e) and subsections (f)-(h) by resolution adopted by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and notwithstanding any other provision of this subsection (e) and subsections (f)-(h) to the contrary, if a judge of a court of general sessions or juvenile court in the county finds it necessary to be absent from holding court, another judge may sit by interchange for the absent judge upon entering an order finding it in the best interest of judicial efficiency. The order shall identify the absent judge and the interchanging judge, and shall be kept on file in the office of the clerk of the court. Upon a finding that interchange is not in the best interest of judicial efficiency, the judge so finding may appoint an attorney as a special judge. The appointments shall be on a rotating basis, from a list of attorneys previously approved by all of the duly elected or appointed general sessions or juvenile court judges, as being constitutionally qualified, in good standing, and possessing sufficient experience and skill. The appointment of a special judge shall be by written order, identifying the absent judge and the special judge, and shall be kept on file in the office of the clerk of the court. (2) During the month of September each year, the clerk of the court shall prepare, for each division of court governed by subdivision (e)(1), an annual report for the preceding twelve (12) months, setting out the total number of sessions of court presided over by a special judge, or by a judge sitting by interchange. The clerk shall also report the total number of sessions of court that are scheduled in each division of court for that period. The orders and reports required by this subdivision (e)(2) shall be filed, and kept open for public inspection, by the clerk of the court. The clerk of the court shall promptly file a copy of the annual report with the administrative office of the courts, created by § 16-3-801 .
(1) Upon approval of this subsection (e) and subsections (f)-(h) by resolution adopted by a two-thirds (2/3) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and notwithstanding any other provision of this subsection (e) and subsections (f)-(h) to the contrary, if a judge of a court of general sessions or juvenile court in the county finds it necessary to be absent from holding court, another judge may sit by interchange for the absent judge upon entering an order finding it in the best interest of judicial efficiency. The order shall identify the absent judge and the interchanging judge, and shall be kept on file in the office of the clerk of the court. Upon a finding that interchange is not in the best interest of judicial efficiency, the judge so finding may appoint an attorney as a special judge. The appointments shall be on a rotating basis, from a list of attorneys previously approved by all of the duly elected or appointed general sessions or juvenile court judges, as being constitutionally qualified, in good standing, and possessing sufficient experience and skill. The appointment of a special judge shall be by written order, identifying the absent judge and the special judge, and shall be kept on file in the office of the clerk of the court.
(2) During the month of September each year, the clerk of the court shall prepare, for each division of court governed by subdivision (e)(1), an annual report for the preceding twelve (12) months, setting out the total number of sessions of court presided over by a special judge, or by a judge sitting by interchange. The clerk shall also report the total number of sessions of court that are scheduled in each division of court for that period. The orders and reports required by this subdivision (e)(2) shall be filed, and kept open for public inspection, by the clerk of the court. The clerk of the court shall promptly file a copy of the annual report with the administrative office of the courts, created by § 16-3-801 .
(f) All special judges appointed under subsection (e) shall be subject to the following limitations: (1) All parties and counsel appearing before the special judge shall be notified that the duly elected or appointed judge is absent, and that a practicing attorney is serving as special judge; (2) If there is no duly elected or appointed judge available to preside over the trial of a contested case, either side shall be entitled to continue the case pending the return of a duly elected or appointed judge; (3) A special judge shall not preside over a contested cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall be kept on file with the clerk of the court as part of the legal record of that cause; and (4) A special judge shall not approve the payment of attorney fees, involving an indigent defense claim or any discretionary fees; provided, that a special judge may enter a judgment for attorney fees when: (A) The exact amount is set by statute; or (B) The party to be charged has executed a written agreement calling for the payment of attorney fees, and the fees shall be the amount specified in the agreement, but in no case more than one-third (1/3) of the principal amount of the debt upon which the suit is brought.
(1) All parties and counsel appearing before the special judge shall be notified that the duly elected or appointed judge is absent, and that a practicing attorney is serving as special judge;
(2) If there is no duly elected or appointed judge available to preside over the trial of a contested case, either side shall be entitled to continue the case pending the return of a duly elected or appointed judge;
(3) A special judge shall not preside over a contested cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall be kept on file with the clerk of the court as part of the legal record of that cause; and
(4) A special judge shall not approve the payment of attorney fees, involving an indigent defense claim or any discretionary fees; provided, that a special judge may enter a judgment for attorney fees when: (A) The exact amount is set by statute; or (B) The party to be charged has executed a written agreement calling for the payment of attorney fees, and the fees shall be the amount specified in the agreement, but in no case more than one-third (1/3) of the principal amount of the debt upon which the suit is brought.
(A) The exact amount is set by statute; or
(B) The party to be charged has executed a written agreement calling for the payment of attorney fees, and the fees shall be the amount specified in the agreement, but in no case more than one-third (1/3) of the principal amount of the debt upon which the suit is brought.
(g) (1) Subsections (e) and (f) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a special judge: (A) A duly elected or appointed judge of any other juvenile or general sessions court, a trial court judge; or (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer. (2) Notwithstanding subsections (e) and (f), a general sessions or juvenile court judge shall have the authority to appoint a special judge as provided in subdivision (g)(1).
(1) Subsections (e) and (f) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a special judge: (A) A duly elected or appointed judge of any other juvenile or general sessions court, a trial court judge; or (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
(A) A duly elected or appointed judge of any other juvenile or general sessions court, a trial court judge; or
(B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
(2) Notwithstanding subsections (e) and (f), a general sessions or juvenile court judge shall have the authority to appoint a special judge as provided in subdivision (g)(1).
(h) (1) Notwithstanding any other law to the contrary, in any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the county governing body of that county may appoint a special substitute judge or judges to serve as a judge in the court of general sessions or juvenile court in the county in the absence of any one (1) of such elected judge or judges. (2) A special substitute judge appointed shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility. (3) The compensation for a special substitute judge pursuant to subsections (e)-(f) and this subsection (h) shall be fixed by the county governing body and shall be paid from any fund appropriated for such purpose by the county governing body.
(1) Notwithstanding any other law to the contrary, in any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the county governing body of that county may appoint a special substitute judge or judges to serve as a judge in the court of general sessions or juvenile court in the county in the absence of any one (1) of such elected judge or judges.
(2) A special substitute judge appointed shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility.
(3) The compensation for a special substitute judge pursuant to subsections (e)-(f) and this subsection (h) shall be fixed by the county governing body and shall be paid from any fund appropriated for such purpose by the county governing body.
(i) A general sessions or juvenile judge selected to serve by interchange pursuant to subdivision (a)(1) in a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge travels to serve. Reimbursement shall be assessed in accordance with the standard mileage rate, maximum parking fee, maximum lodging credit, maximum meals, and incidentals credit set forth in the last published comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Travel expenses relative to mileage, parking, meals, and incidentals shall not exceed one hundred dollars ($100) per day. A general sessions or juvenile judge entitled to reimbursement pursuant to this subsection (i) must submit all travel expense claims to the appropriate county official responsible for processing travel reimbursement.
Amended by 2021 Tenn. Acts, ch. 266, s 1, eff. 7/1/2021.
Acts 1959, ch. 109, § 14; 1968, ch. 533, § 1; T.C.A., § 16-1114; Acts 1994, ch. 751, § 1; 1997 , ch. 473, § 3; 1998, ch. 943, § 1; 2009 , ch. 235, § 1; 2010 , ch. 757, §§ 1, 2.
Tenn. Code Ann. § 16-15-501 — TN Code / Title 16 / Chapter 15 / Section 16-15-501
General jurisdiction
Status: in_force

(a) The court of general sessions is vested with all of the jurisdiction and shall exercise the authority formerly conferred by law upon justices of the peace in civil and criminal cases, suits and actions. The jurisdiction, power and authority of the court shall be coextensive with the county. (b) (1) Notwithstanding any law to the contrary, judges of courts of general sessions have jurisdiction to try and dispose of violations of municipal ordinances where the sheriff of the county is acting under the authority of §§ 8-8-201 and 12-9-104 ; provided, that a certified copy of the ordinances of the municipality have been filed with the court. Judges of courts of general sessions shall direct the clerk of the court that all fines collected shall be paid over to the municipality and all court costs collected shall be paid and accounted for according to [former] § 16-15-703(d) [repealed], to help administer the cost of enforcement; provided, that reasonable costs have been set by ordinance of the municipality. (2) The judges of courts of general sessions of counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit court judge and chancellor in that county or counties in workers' compensation cases, divorce cases and those powers specifically conferred upon both those courts of record under § 29-31-101 . (3) The judges of courts of general sessions of counties having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit judge and chancellor in that county or counties in divorce cases. (4) Judges of courts of general sessions in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred above, have concurrent jurisdiction with the circuit judge and chancellor in that county in domestic relations cases. (c) (1) All courts of general sessions in this state created by private act have the powers and jurisdiction conferred by this chapter and §§ 18-4-201 - 18-4-203, 20-12-143, 27-5-108, 40-1-109, 40-4-117 and [former] 40-4-118 [repealed], and in addition, have such further powers and jurisdiction as may be conferred by the private act creating that court. It is not the intention of this chapter to divest any court of general sessions of any jurisdiction conferred by any private act. (2) This chapter shall not diminish the powers, jurisdiction or provisions governing the operation of any court of general sessions created by private act. It is the intent of the general assembly that each court of general sessions of this state has all the powers and jurisdiction granted by the public acts and applicable private acts. (d) (1) The jurisdiction of courts of general sessions, where they have been created, shall extend to the sum of twenty-five thousand dollars ($25,000) in all civil cases, both law and equity; provided, that this section shall not apply to cases of forcible entry and detainer, in which the court shall have unlimited original jurisdiction; and provided further, that this section shall not apply to actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment; and general sessions judges shall have jurisdiction to issue restraining orders and to enforce the penalty provisions for violation of those restraining orders. (2) For the purpose of calculating whether a judgment entered by a court of general sessions is within or exceeds the monetary jurisdictional limits established for the courts by subdivision (d)(1), the following amounts shall not be included: (A) Any amount awarded for attorney fees; (B) Any court costs assessed by the court; and (C) Any discretionary costs assessed by the court. Code 1858, § 4123 (deriv. Acts 1827, ch. 51, § 1; 1841-1842, ch. 186, § 1; 1849-1850, ch. 269, § 1; 1853-1854, ch. 58, §§ 1, 2; 1857-1858, ch. 56, § 3; 1857-1858, ch. 62, § 1); Acts 1865-1866, ch. 51, § 1; 1875, ch. 11, §§ 1-3; Shan., § 5935; mod. Code 1932, § 10136; Acts 1853, ch. 39, § 1; 1959, ch. 109, §§ 2, 22; 1961, ch. 138, § 1; 1965, ch. 114, § 1; 1967, ch. 276, § 1; 1968, ch. 635, § 2; 1969, ch. 44, § 2; 1969, ch. 133, § 1; 1970, ch. 341, § 1; 1973, ch. 88, § 2; 1973, ch. 355, § 2; 1973, ch. 365, § 10; 1974, ch. 432, § 2; 1974, ch. 659, § 1; 1977, ch. 295, §§ 1, 2; 1978, ch. 560, § 1; 1979, ch. 68, § 2; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 16-1104, 16-1124, 19-301; Acts 1981, ch. 289, § 4; 1982, ch. 655, §§ 1-3; 1982, ch. 930, § 3; 1982, ch. 945, § 2; 1983, ch. 231, § 1; 1983, ch. 283, §§ 1, 2; 1985, ch. 368, § 1; 1986, ch. 698, § 3; 1988, ch. 698, § 10; 1993, ch. 241, §§ 13-15; 1997 , ch. 472, §§ 1-3; 1999, ch. 259, § 1; 2000, ch. 743, § 1; 2000, ch. 764, § 1; 2006, ch. 722, § 1.
(a) The court of general sessions is vested with all of the jurisdiction and shall exercise the authority formerly conferred by law upon justices of the peace in civil and criminal cases, suits and actions. The jurisdiction, power and authority of the court shall be coextensive with the county.
(b) (1) Notwithstanding any law to the contrary, judges of courts of general sessions have jurisdiction to try and dispose of violations of municipal ordinances where the sheriff of the county is acting under the authority of §§ 8-8-201 and 12-9-104 ; provided, that a certified copy of the ordinances of the municipality have been filed with the court. Judges of courts of general sessions shall direct the clerk of the court that all fines collected shall be paid over to the municipality and all court costs collected shall be paid and accounted for according to [former] § 16-15-703(d) [repealed], to help administer the cost of enforcement; provided, that reasonable costs have been set by ordinance of the municipality. (2) The judges of courts of general sessions of counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit court judge and chancellor in that county or counties in workers' compensation cases, divorce cases and those powers specifically conferred upon both those courts of record under § 29-31-101 . (3) The judges of courts of general sessions of counties having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit judge and chancellor in that county or counties in divorce cases. (4) Judges of courts of general sessions in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred above, have concurrent jurisdiction with the circuit judge and chancellor in that county in domestic relations cases.
(1) Notwithstanding any law to the contrary, judges of courts of general sessions have jurisdiction to try and dispose of violations of municipal ordinances where the sheriff of the county is acting under the authority of §§ 8-8-201 and 12-9-104 ; provided, that a certified copy of the ordinances of the municipality have been filed with the court. Judges of courts of general sessions shall direct the clerk of the court that all fines collected shall be paid over to the municipality and all court costs collected shall be paid and accounted for according to [former] § 16-15-703(d) [repealed], to help administer the cost of enforcement; provided, that reasonable costs have been set by ordinance of the municipality.
(2) The judges of courts of general sessions of counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit court judge and chancellor in that county or counties in workers' compensation cases, divorce cases and those powers specifically conferred upon both those courts of record under § 29-31-101 .
(3) The judges of courts of general sessions of counties having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit judge and chancellor in that county or counties in divorce cases.
(4) Judges of courts of general sessions in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred above, have concurrent jurisdiction with the circuit judge and chancellor in that county in domestic relations cases.
(c) (1) All courts of general sessions in this state created by private act have the powers and jurisdiction conferred by this chapter and §§ 18-4-201 - 18-4-203, 20-12-143, 27-5-108, 40-1-109, 40-4-117 and [former] 40-4-118 [repealed], and in addition, have such further powers and jurisdiction as may be conferred by the private act creating that court. It is not the intention of this chapter to divest any court of general sessions of any jurisdiction conferred by any private act. (2) This chapter shall not diminish the powers, jurisdiction or provisions governing the operation of any court of general sessions created by private act. It is the intent of the general assembly that each court of general sessions of this state has all the powers and jurisdiction granted by the public acts and applicable private acts.
(1) All courts of general sessions in this state created by private act have the powers and jurisdiction conferred by this chapter and §§ 18-4-201 - 18-4-203, 20-12-143, 27-5-108, 40-1-109, 40-4-117 and [former] 40-4-118 [repealed], and in addition, have such further powers and jurisdiction as may be conferred by the private act creating that court. It is not the intention of this chapter to divest any court of general sessions of any jurisdiction conferred by any private act.
(2) This chapter shall not diminish the powers, jurisdiction or provisions governing the operation of any court of general sessions created by private act. It is the intent of the general assembly that each court of general sessions of this state has all the powers and jurisdiction granted by the public acts and applicable private acts.
(d) (1) The jurisdiction of courts of general sessions, where they have been created, shall extend to the sum of twenty-five thousand dollars ($25,000) in all civil cases, both law and equity; provided, that this section shall not apply to cases of forcible entry and detainer, in which the court shall have unlimited original jurisdiction; and provided further, that this section shall not apply to actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment; and general sessions judges shall have jurisdiction to issue restraining orders and to enforce the penalty provisions for violation of those restraining orders. (2) For the purpose of calculating whether a judgment entered by a court of general sessions is within or exceeds the monetary jurisdictional limits established for the courts by subdivision (d)(1), the following amounts shall not be included: (A) Any amount awarded for attorney fees; (B) Any court costs assessed by the court; and (C) Any discretionary costs assessed by the court.
(1) The jurisdiction of courts of general sessions, where they have been created, shall extend to the sum of twenty-five thousand dollars ($25,000) in all civil cases, both law and equity; provided, that this section shall not apply to cases of forcible entry and detainer, in which the court shall have unlimited original jurisdiction; and provided further, that this section shall not apply to actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment; and general sessions judges shall have jurisdiction to issue restraining orders and to enforce the penalty provisions for violation of those restraining orders.
(2) For the purpose of calculating whether a judgment entered by a court of general sessions is within or exceeds the monetary jurisdictional limits established for the courts by subdivision (d)(1), the following amounts shall not be included: (A) Any amount awarded for attorney fees; (B) Any court costs assessed by the court; and (C) Any discretionary costs assessed by the court.
(A) Any amount awarded for attorney fees;
(B) Any court costs assessed by the court; and
(C) Any discretionary costs assessed by the court.
Code 1858, § 4123 (deriv. Acts 1827, ch. 51, § 1; 1841-1842, ch. 186, § 1; 1849-1850, ch. 269, § 1; 1853-1854, ch. 58, §§ 1, 2; 1857-1858, ch. 56, § 3; 1857-1858, ch. 62, § 1); Acts 1865-1866, ch. 51, § 1; 1875, ch. 11, §§ 1-3; Shan., § 5935; mod. Code 1932, § 10136; Acts 1853, ch. 39, § 1; 1959, ch. 109, §§ 2, 22; 1961, ch. 138, § 1; 1965, ch. 114, § 1; 1967, ch. 276, § 1; 1968, ch. 635, § 2; 1969, ch. 44, § 2; 1969, ch. 133, § 1; 1970, ch. 341, § 1; 1973, ch. 88, § 2; 1973, ch. 355, § 2; 1973, ch. 365, § 10; 1974, ch. 432, § 2; 1974, ch. 659, § 1; 1977, ch. 295, §§ 1, 2; 1978, ch. 560, § 1; 1979, ch. 68, § 2; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 16-1104, 16-1124, 19-301; Acts 1981, ch. 289, § 4; 1982, ch. 655, §§ 1-3; 1982, ch. 930, § 3; 1982, ch. 945, § 2; 1983, ch. 231, § 1; 1983, ch. 283, §§ 1, 2; 1985, ch. 368, § 1; 1986, ch. 698, § 3; 1988, ch. 698, § 10; 1993, ch. 241, §§ 13-15; 1997 , ch. 472, §§ 1-3; 1999, ch. 259, § 1; 2000, ch. 743, § 1; 2000, ch. 764, § 1; 2006, ch. 722, § 1.
Tenn. Code Ann. § 16-18-302 — TN Code / Title 16 / Chapter 18 / Section 16-18-302
Jurisdiction of municipal courts
Status: in_force

(a) For any municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the general assembly, a municipal court is created to be presided over by a city judge. Notwithstanding any law to the contrary: (1) A municipal court possesses jurisdiction in and over cases: (A) For violation of the laws and ordinances of the municipality; or (B) Arising under the laws and ordinances of the municipality; and (2) A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars ($50.00). (3) (A) A municipal court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's public record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance. (B) The court may grant the petition if: (i) The petition satisfactorily demonstrates to the court that the petitioner merits such relief; (ii) At the time of the filing of the petition, at least one hundred eighty (180) days have elapsed since the completion of the penalty imposed for the ordinance violation; and (iii) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments. (C) As used in this subdivision (a)(3), "public record" has the same meaning as in § 40-32-101(b) . (D) The municipal court clerk may charge a fee for the expunction of public records pursuant to this subdivision (a)(3). The fee for expunction of a public record in municipal court must be set by municipal law or ordinance. (E) A municipal court's jurisdiction under this subdivision (a)(3): (i) Is limited to the records in that municipal court; and (ii) Does not include records of the department of safety relating to driver records or the driver improvement program established in § 55-50-505 . (b) Notwithstanding subdivision (a)(2) or any other law to the contrary, in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 2000 federal census or any subsequent federal census, a municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of any of the following state criminal statutes relative to: (1) The offense of operating a motor vehicle without a valid driver license, § 55-50-301 ; (2) The Class B misdemeanor offense of reckless driving, § 55-10-205 ; (3) The Class A misdemeanor offenses of underage purchasing, possession, transportation or consumption of alcoholic beverages, wine or beer, § 1-3-113(b) ; (4) The Class A misdemeanor offenses of underage consumption, possession or transportation of beer or any intoxicating liquor, § 57-3-412(a)(3) ; (5) The Class A misdemeanor offenses of underage purchasing or attempting to purchase any alcoholic beverage, § 57-3-412(a)(5) ; (6) The Class A misdemeanor offenses of underage purchasing, attempting to purchase or possession of any alcoholic beverages, § 57-4-203(b)(2) ; (7) The Class A misdemeanor offenses of underage purchasing or attempting to purchase beer or alcoholic beverages, § 57-5-301(d) ; or (8) The Class A misdemeanor offenses of underage possession or transportation of beer, § 57-5-301(e) . (c) Notwithstanding any law to the contrary, in addition to jurisdiction authorized pursuant to subsection (a) or (b), a municipal court may also exercise concurrent jurisdiction with the court of general sessions if, and only if: (1) The municipal court possessed and exercised such concurrent general sessions jurisdiction continuously on and before May 11, 2003; or (2) After May 12, 2003, concurrent general sessions jurisdiction is duly conferred upon the municipal court in accordance with the procedures and requirements set forth in § 16-18-311 . (d) Notwithstanding any law to the contrary, a municipal court may exercise no jurisdiction other than the jurisdiction authorized by this section; provided, however, that this section shall not be construed to impair or in any way restrict the authority of a juvenile judge to waive jurisdiction over any cases or class of cases of alleged traffic violations, as authorized pursuant to § 37-1-146 , or the authority of a municipal court to receive and dispose of such cases or classes of cases of alleged traffic violations. Amended by 2023 Tenn. Acts, ch. 356, s 1, eff. 7/1/2023. Acts 2004, ch. 914, § 2; 2006, ch. 1004, § 1; 2009 , ch. 144, § 1.
(a) For any municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the general assembly, a municipal court is created to be presided over by a city judge. Notwithstanding any law to the contrary: (1) A municipal court possesses jurisdiction in and over cases: (A) For violation of the laws and ordinances of the municipality; or (B) Arising under the laws and ordinances of the municipality; and (2) A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars ($50.00). (3) (A) A municipal court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's public record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance. (B) The court may grant the petition if: (i) The petition satisfactorily demonstrates to the court that the petitioner merits such relief; (ii) At the time of the filing of the petition, at least one hundred eighty (180) days have elapsed since the completion of the penalty imposed for the ordinance violation; and (iii) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments. (C) As used in this subdivision (a)(3), "public record" has the same meaning as in § 40-32-101(b) . (D) The municipal court clerk may charge a fee for the expunction of public records pursuant to this subdivision (a)(3). The fee for expunction of a public record in municipal court must be set by municipal law or ordinance. (E) A municipal court's jurisdiction under this subdivision (a)(3): (i) Is limited to the records in that municipal court; and (ii) Does not include records of the department of safety relating to driver records or the driver improvement program established in § 55-50-505 .
(1) A municipal court possesses jurisdiction in and over cases: (A) For violation of the laws and ordinances of the municipality; or (B) Arising under the laws and ordinances of the municipality; and
(A) For violation of the laws and ordinances of the municipality; or
(B) Arising under the laws and ordinances of the municipality; and
(2) A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars ($50.00).
(3) (A) A municipal court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's public record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance. (B) The court may grant the petition if: (i) The petition satisfactorily demonstrates to the court that the petitioner merits such relief; (ii) At the time of the filing of the petition, at least one hundred eighty (180) days have elapsed since the completion of the penalty imposed for the ordinance violation; and (iii) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments. (C) As used in this subdivision (a)(3), "public record" has the same meaning as in § 40-32-101(b) . (D) The municipal court clerk may charge a fee for the expunction of public records pursuant to this subdivision (a)(3). The fee for expunction of a public record in municipal court must be set by municipal law or ordinance. (E) A municipal court's jurisdiction under this subdivision (a)(3): (i) Is limited to the records in that municipal court; and (ii) Does not include records of the department of safety relating to driver records or the driver improvement program established in § 55-50-505 .
(A) A municipal court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's public record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance.
(B) The court may grant the petition if: (i) The petition satisfactorily demonstrates to the court that the petitioner merits such relief; (ii) At the time of the filing of the petition, at least one hundred eighty (180) days have elapsed since the completion of the penalty imposed for the ordinance violation; and (iii) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments.
(i) The petition satisfactorily demonstrates to the court that the petitioner merits such relief;
(ii) At the time of the filing of the petition, at least one hundred eighty (180) days have elapsed since the completion of the penalty imposed for the ordinance violation; and
(iii) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments.
(C) As used in this subdivision (a)(3), "public record" has the same meaning as in § 40-32-101(b) .
(D) The municipal court clerk may charge a fee for the expunction of public records pursuant to this subdivision (a)(3). The fee for expunction of a public record in municipal court must be set by municipal law or ordinance.
(E) A municipal court's jurisdiction under this subdivision (a)(3): (i) Is limited to the records in that municipal court; and (ii) Does not include records of the department of safety relating to driver records or the driver improvement program established in § 55-50-505 .
(i) Is limited to the records in that municipal court; and
(ii) Does not include records of the department of safety relating to driver records or the driver improvement program established in § 55-50-505 .
(b) Notwithstanding subdivision (a)(2) or any other law to the contrary, in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 2000 federal census or any subsequent federal census, a municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of any of the following state criminal statutes relative to: (1) The offense of operating a motor vehicle without a valid driver license, § 55-50-301 ; (2) The Class B misdemeanor offense of reckless driving, § 55-10-205 ; (3) The Class A misdemeanor offenses of underage purchasing, possession, transportation or consumption of alcoholic beverages, wine or beer, § 1-3-113(b) ; (4) The Class A misdemeanor offenses of underage consumption, possession or transportation of beer or any intoxicating liquor, § 57-3-412(a)(3) ; (5) The Class A misdemeanor offenses of underage purchasing or attempting to purchase any alcoholic beverage, § 57-3-412(a)(5) ; (6) The Class A misdemeanor offenses of underage purchasing, attempting to purchase or possession of any alcoholic beverages, § 57-4-203(b)(2) ; (7) The Class A misdemeanor offenses of underage purchasing or attempting to purchase beer or alcoholic beverages, § 57-5-301(d) ; or (8) The Class A misdemeanor offenses of underage possession or transportation of beer, § 57-5-301(e) .
(1) The offense of operating a motor vehicle without a valid driver license, § 55-50-301 ;
(2) The Class B misdemeanor offense of reckless driving, § 55-10-205 ;
(3) The Class A misdemeanor offenses of underage purchasing, possession, transportation or consumption of alcoholic beverages, wine or beer, § 1-3-113(b) ;
(4) The Class A misdemeanor offenses of underage consumption, possession or transportation of beer or any intoxicating liquor, § 57-3-412(a)(3) ;
(5) The Class A misdemeanor offenses of underage purchasing or attempting to purchase any alcoholic beverage, § 57-3-412(a)(5) ;
(6) The Class A misdemeanor offenses of underage purchasing, attempting to purchase or possession of any alcoholic beverages, § 57-4-203(b)(2) ;
(7) The Class A misdemeanor offenses of underage purchasing or attempting to purchase beer or alcoholic beverages, § 57-5-301(d) ; or
(8) The Class A misdemeanor offenses of underage possession or transportation of beer, § 57-5-301(e) .
(c) Notwithstanding any law to the contrary, in addition to jurisdiction authorized pursuant to subsection (a) or (b), a municipal court may also exercise concurrent jurisdiction with the court of general sessions if, and only if: (1) The municipal court possessed and exercised such concurrent general sessions jurisdiction continuously on and before May 11, 2003; or (2) After May 12, 2003, concurrent general sessions jurisdiction is duly conferred upon the municipal court in accordance with the procedures and requirements set forth in § 16-18-311 .
(1) The municipal court possessed and exercised such concurrent general sessions jurisdiction continuously on and before May 11, 2003; or
(2) After May 12, 2003, concurrent general sessions jurisdiction is duly conferred upon the municipal court in accordance with the procedures and requirements set forth in § 16-18-311 .
(d) Notwithstanding any law to the contrary, a municipal court may exercise no jurisdiction other than the jurisdiction authorized by this section; provided, however, that this section shall not be construed to impair or in any way restrict the authority of a juvenile judge to waive jurisdiction over any cases or class of cases of alleged traffic violations, as authorized pursuant to § 37-1-146 , or the authority of a municipal court to receive and dispose of such cases or classes of cases of alleged traffic violations.
Amended by 2023 Tenn. Acts, ch. 356, s 1, eff. 7/1/2023.
Acts 2004, ch. 914, § 2; 2006, ch. 1004, § 1; 2009 , ch. 144, § 1.
Tenn. Code Ann. § 16-10-205 — TN Code / Title 16 / Chapter 10 / Section 16-10-205
Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution
Status: in_force

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-10-213 , may petition the circuit or criminal court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later. (b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner. (c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning: (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ; (2) The petitioner's mental health records; (3) The petitioner's criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the relief sought. (d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following: (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) Granting the relief would not be contrary to the public interest. (e) A record of the proceedings shall be made by a certified court reporter or by court-approved electronic means. Except in matters resulting in criminal adjudication, the means of recording is to be provided by the petitioner. (f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo. (g) A person may file a petition for relief under this section no more than once every two (2) years. (h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted. (i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall: (1) Immediately forward a copy of the order to the department of safety; (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control. (j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section. Amended by 2024 Tenn. Acts, ch. 784,s 2, eff. 7/1/2024. Added by 2015 Tenn. Acts, ch. 459, s 1, eff. 7/1/2015.
(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-10-213 , may petition the circuit or criminal court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning: (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ; (2) The petitioner's mental health records; (3) The petitioner's criminal history; (4) The petitioner's reputation; and (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4) , § 39-17-1307(i) , or § 39-17-1316(q)(4) ;
(2) The petitioner's mental health records;
(3) The petitioner's criminal history;
(4) The petitioner's reputation; and
(5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following: (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and (2) Granting the relief would not be contrary to the public interest.
(1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
(2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings shall be made by a certified court reporter or by court-approved electronic means. Except in matters resulting in criminal adjudication, the means of recording is to be provided by the petitioner.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall: (1) Immediately forward a copy of the order to the department of safety; (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(1) Immediately forward a copy of the order to the department of safety;
(2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
(3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.
Amended by 2024 Tenn. Acts, ch. 784,s 2, eff. 7/1/2024.
Added by 2015 Tenn. Acts, ch. 459, s 1, eff. 7/1/2015.
Tenn. Code Ann. § 16-22-108 — TN Code / Title 16 / Chapter 22 / Section 16-22-108
Establishment of advisory committee
Status: in_force

The commissioner of finance and administration shall establish an advisory committee composed of seven (7) members, two (2) of whom shall be judges who have presided over a drug court for at least two (2) years and two (2) of whom shall be drug coordinators who have functioned as drug coordinators in actively implemented drug courts for at least two (2) years. The committee shall review all program criteria established by the department of mental health and substance abuse services and shall advise the commissioner on the allocation of funds under this chapter. Before appointing the members, the commissioner shall consult with the president of the Tennessee Association of Drug Court Professionals, the president of the Tennessee Association of Alcohol and Drug Abuse Services and the Tennessee Association of Mental Health Organizations. After the commissioner establishes staggered terms with the initial appointments, a member shall have a four-year term, and a member may be appointed to serve one (1) additional consecutive term. Each member shall be reimbursed from the drug court treatment program resources fund established in § 16-22-110 for travel expenses for attending a meeting of the advisory committee in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Amended by 2015 Tenn. Acts, ch. 453, s 14, eff. 7/1/2015. Acts 2003 , ch. 335, §1; 2008 , ch. 883, § 1.
The commissioner of finance and administration shall establish an advisory committee composed of seven (7) members, two (2) of whom shall be judges who have presided over a drug court for at least two (2) years and two (2) of whom shall be drug coordinators who have functioned as drug coordinators in actively implemented drug courts for at least two (2) years. The committee shall review all program criteria established by the department of mental health and substance abuse services and shall advise the commissioner on the allocation of funds under this chapter. Before appointing the members, the commissioner shall consult with the president of the Tennessee Association of Drug Court Professionals, the president of the Tennessee Association of Alcohol and Drug Abuse Services and the Tennessee Association of Mental Health Organizations. After the commissioner establishes staggered terms with the initial appointments, a member shall have a four-year term, and a member may be appointed to serve one (1) additional consecutive term. Each member shall be reimbursed from the drug court treatment program resources fund established in § 16-22-110 for travel expenses for attending a meeting of the advisory committee in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Amended by 2015 Tenn. Acts, ch. 453, s 14, eff. 7/1/2015.
Acts 2003 , ch. 335, §1; 2008 , ch. 883, § 1.
Tenn. Code Ann. § 16-1-106 — TN Code / Title 16 / Chapter 1 / Section 16-1-106
Minutes
Status: in_force

(a) The minutes of the court for each day's work shall be signed by the judge. The minute book shall provide a place for the judge's signature after the minute entries each day; however, where the orders of the court are photocopied so that an accurate facsimile of the entire order and judge's signature appears, it shall be sufficient for the judge to sign at the end of the minute book approving all the minutes in the book. (b) When any judge or chancellor fails to sign the minutes of the judge's or chancellor's court because of death, vacancy in office or disability, or for any other reason, the judge's or chancellor's successor shall examine all the unsigned minutes, and if the successor finds that the unsigned minutes satisfactorily represent the true and complete proceedings of the court, the successor shall so certify. The judge's or chancellor's successor shall examine any decree or order that has been signed by the deceased or disabled predecessor but that has not been spread upon the minutes of the court, and if the successor finds that the decree or order is a true and complete decree or order, the successor shall direct that the decree or order be spread upon the minutes of the court and certify the minutes. Any minutes certified by a judge or chancellor pursuant to this subsection (b) have the same force and effect as minutes entered pursuant to subsection (a). Code 1858, § 4101 (deriv. Acts 1809 (Sept.), ch. 49, § 20); Shan., § 5913; Code 1932, § 10112; Acts 1967, ch. 81, § 1; 1972, ch. 803, § 1; T.C.A. (orig. ed.), § 16-106; Acts 1984, ch. 756, § 1.
(a) The minutes of the court for each day's work shall be signed by the judge. The minute book shall provide a place for the judge's signature after the minute entries each day; however, where the orders of the court are photocopied so that an accurate facsimile of the entire order and judge's signature appears, it shall be sufficient for the judge to sign at the end of the minute book approving all the minutes in the book.
(b) When any judge or chancellor fails to sign the minutes of the judge's or chancellor's court because of death, vacancy in office or disability, or for any other reason, the judge's or chancellor's successor shall examine all the unsigned minutes, and if the successor finds that the unsigned minutes satisfactorily represent the true and complete proceedings of the court, the successor shall so certify. The judge's or chancellor's successor shall examine any decree or order that has been signed by the deceased or disabled predecessor but that has not been spread upon the minutes of the court, and if the successor finds that the decree or order is a true and complete decree or order, the successor shall direct that the decree or order be spread upon the minutes of the court and certify the minutes. Any minutes certified by a judge or chancellor pursuant to this subsection (b) have the same force and effect as minutes entered pursuant to subsection (a).
Code 1858, § 4101 (deriv. Acts 1809 (Sept.), ch. 49, § 20); Shan., § 5913; Code 1932, § 10112; Acts 1967, ch. 81, § 1; 1972, ch. 803, § 1; T.C.A. (orig. ed.), § 16-106; Acts 1984, ch. 756, § 1.
Tenn. Code Ann. § 16-3-811 — TN Code / Title 16 / Chapter 3 / Section 16-3-811
Reserved
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 501, s 2, eff. 2/28/2014. Amended by 2013 Tenn. Acts, ch. 236, s 32, eff. 4/19/2013. Acts 1999, ch. 486, § 2.
Repealed by 2014 Tenn. Acts, ch. 501, s 2, eff. 2/28/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 32, eff. 4/19/2013.
Acts 1999, ch. 486, § 2.
Tenn. Code Ann. § 16-20-102 — TN Code / Title 16 / Chapter 20 / Section 16-20-102
Operation by a corporation
Status: in_force

(a) A victim-offender mediation center may be created and operated by a corporation organized to resolve disputes. The corporation shall not be organized for profit and no part of the net earnings may inure to the benefit of any private shareholders or individuals. The majority of the directors of the corporation shall not consist of members of any single profession. (b) To be eligible for funds under this chapter, a center must do the following: (1) Comply with this chapter and the rules adopted by the supreme court of Tennessee; (2) Provide neutral mediators who have received training in conflict resolution techniques in accordance with rules of the supreme court; (3) Provide victim-offender mediation in felony, misdemeanor and juvenile delinquent cases without cost to the participants; (4) Provide dispute resolution services to the community on a voluntary basis; and (5) At the conclusion of the mediation process, provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant. (c) Each center that receives funds under this chapter must: (1) Be operated by a grant recipient; (2) Be operated in compliance with rules adopted by the supreme court; (3) Be operated under a contract with the administrative office of the courts (AOC); and (4) Comply with this chapter. (d) (1) Funds available for the purposes of this chapter may be allocated for services provided by eligible centers. (2) A center applying for funding is to include the following information in its application: (A) The cost of operating the center, including the compensation of employees; (B) A description of the proposed area of service and number of participants expected to be served; (C) Proof of nonprofit 501(c)(3) status; (D) A charter of incorporation; and (E) Evidence of support of criminal justice agencies to make referrals. (e) The AOC may accept, apply for and disburse public or private funds for the purposes of this chapter. (f) (1) The comptroller of the treasury or the comptroller's authorized representatives may inspect, examine and audit the fiscal affairs of local programs or centers. (2) Centers must, whenever reasonably possible, make use of public facilities at free or nominal cost. (g) A center operated under this chapter is not a state agency or an instrumentality of the state. Employees and volunteers of a center are not employees of the state. (h) (1) A center that receives funds under this chapter must annually provide the AOC with statistical data regarding the following: (A) The operating budget; (B) The number of referrals, categories or types of cases referred; (C) The number of parties serviced; (D) The number of disputes resolved; (E) The nature of the resolution, amount and type of restitution to the victim or community, or both; and (F) Rates of compliance. (2) The data shall maintain the confidentiality and anonymity of all mediation participants. Acts 1993, ch. 420, § 2.
(a) A victim-offender mediation center may be created and operated by a corporation organized to resolve disputes. The corporation shall not be organized for profit and no part of the net earnings may inure to the benefit of any private shareholders or individuals. The majority of the directors of the corporation shall not consist of members of any single profession.
(b) To be eligible for funds under this chapter, a center must do the following: (1) Comply with this chapter and the rules adopted by the supreme court of Tennessee; (2) Provide neutral mediators who have received training in conflict resolution techniques in accordance with rules of the supreme court; (3) Provide victim-offender mediation in felony, misdemeanor and juvenile delinquent cases without cost to the participants; (4) Provide dispute resolution services to the community on a voluntary basis; and (5) At the conclusion of the mediation process, provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.
(1) Comply with this chapter and the rules adopted by the supreme court of Tennessee;
(2) Provide neutral mediators who have received training in conflict resolution techniques in accordance with rules of the supreme court;
(3) Provide victim-offender mediation in felony, misdemeanor and juvenile delinquent cases without cost to the participants;
(4) Provide dispute resolution services to the community on a voluntary basis; and
(5) At the conclusion of the mediation process, provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.
(c) Each center that receives funds under this chapter must: (1) Be operated by a grant recipient; (2) Be operated in compliance with rules adopted by the supreme court; (3) Be operated under a contract with the administrative office of the courts (AOC); and (4) Comply with this chapter.
(1) Be operated by a grant recipient;
(2) Be operated in compliance with rules adopted by the supreme court;
(3) Be operated under a contract with the administrative office of the courts (AOC); and
(4) Comply with this chapter.
(d) (1) Funds available for the purposes of this chapter may be allocated for services provided by eligible centers. (2) A center applying for funding is to include the following information in its application: (A) The cost of operating the center, including the compensation of employees; (B) A description of the proposed area of service and number of participants expected to be served; (C) Proof of nonprofit 501(c)(3) status; (D) A charter of incorporation; and (E) Evidence of support of criminal justice agencies to make referrals.
(1) Funds available for the purposes of this chapter may be allocated for services provided by eligible centers.
(2) A center applying for funding is to include the following information in its application: (A) The cost of operating the center, including the compensation of employees; (B) A description of the proposed area of service and number of participants expected to be served; (C) Proof of nonprofit 501(c)(3) status; (D) A charter of incorporation; and (E) Evidence of support of criminal justice agencies to make referrals.
(A) The cost of operating the center, including the compensation of employees;
(B) A description of the proposed area of service and number of participants expected to be served;
(C) Proof of nonprofit 501(c)(3) status;
(D) A charter of incorporation; and
(E) Evidence of support of criminal justice agencies to make referrals.
(e) The AOC may accept, apply for and disburse public or private funds for the purposes of this chapter.
(f) (1) The comptroller of the treasury or the comptroller's authorized representatives may inspect, examine and audit the fiscal affairs of local programs or centers. (2) Centers must, whenever reasonably possible, make use of public facilities at free or nominal cost.
(1) The comptroller of the treasury or the comptroller's authorized representatives may inspect, examine and audit the fiscal affairs of local programs or centers.
(2) Centers must, whenever reasonably possible, make use of public facilities at free or nominal cost.
(g) A center operated under this chapter is not a state agency or an instrumentality of the state. Employees and volunteers of a center are not employees of the state.
(h) (1) A center that receives funds under this chapter must annually provide the AOC with statistical data regarding the following: (A) The operating budget; (B) The number of referrals, categories or types of cases referred; (C) The number of parties serviced; (D) The number of disputes resolved; (E) The nature of the resolution, amount and type of restitution to the victim or community, or both; and (F) Rates of compliance. (2) The data shall maintain the confidentiality and anonymity of all mediation participants.
(1) A center that receives funds under this chapter must annually provide the AOC with statistical data regarding the following: (A) The operating budget; (B) The number of referrals, categories or types of cases referred; (C) The number of parties serviced; (D) The number of disputes resolved; (E) The nature of the resolution, amount and type of restitution to the victim or community, or both; and (F) Rates of compliance.
(A) The operating budget;
(B) The number of referrals, categories or types of cases referred;
(C) The number of parties serviced;
(D) The number of disputes resolved;
(E) The nature of the resolution, amount and type of restitution to the victim or community, or both; and
(F) Rates of compliance.
(2) The data shall maintain the confidentiality and anonymity of all mediation participants.
Acts 1993, ch. 420, § 2.
Tenn. Code Ann. § 16-5-106 — TN Code / Title 16 / Chapter 5 / Section 16-5-106
Election of presiding judge - Rules of practice - Special meetings
Status: in_force

(a) The members of the court at the first meeting of the court, after each judicial election, shall choose one (1) of its members as presiding judge of the court of criminal appeals. (b) The court at its first meeting under this section shall have the authority to adopt and promulgate its own rules of practice, and the rules may be revised from time to time as the court deems advisable and proper. (c) The presiding judge shall, upon a request of a majority of the members, call special meetings of the court for the purpose of revising or reconsidering its rules of practice, or for any other purpose that may be desired. Acts 1967, ch. 226, § 6; T.C.A., § 16-446.
(a) The members of the court at the first meeting of the court, after each judicial election, shall choose one (1) of its members as presiding judge of the court of criminal appeals.
(b) The court at its first meeting under this section shall have the authority to adopt and promulgate its own rules of practice, and the rules may be revised from time to time as the court deems advisable and proper.
(c) The presiding judge shall, upon a request of a majority of the members, call special meetings of the court for the purpose of revising or reconsidering its rules of practice, or for any other purpose that may be desired.
Acts 1967, ch. 226, § 6; T.C.A., § 16-446.
Tenn. Code Ann. § 16-10-108 — TN Code / Title 16 / Chapter 10 / Section 16-10-108
Divorce - Adoption - Trustees
Status: in_force

The circuit court has concurrent jurisdiction with the chancery court to grant divorces, to authorize the adoption of children, to release testamentary and other trustees, and to appoint trustees in place of those released or dead, and also to decree, on petitions of trustees, by will or otherwise, for the sale of property, real or personal. Code 1858, § 4232 (deriv. Acts 1835-1836, ch. 19, § 4; 1835-1836, ch. 20, § 1; 1845-1846, ch. 194; 1847-1848, ch. 13); Shan., § 6070; Code 1932, § 10325; Acts 1951, ch. 202, § 40 (Williams, § 9572.52); T.C.A. (orig. ed.), § 16-508.
The circuit court has concurrent jurisdiction with the chancery court to grant divorces, to authorize the adoption of children, to release testamentary and other trustees, and to appoint trustees in place of those released or dead, and also to decree, on petitions of trustees, by will or otherwise, for the sale of property, real or personal.
Code 1858, § 4232 (deriv. Acts 1835-1836, ch. 19, § 4; 1835-1836, ch. 20, § 1; 1845-1846, ch. 194; 1847-1848, ch. 13); Shan., § 6070; Code 1932, § 10325; Acts 1951, ch. 202, § 40 (Williams, § 9572.52); T.C.A. (orig. ed.), § 16-508.
Tenn. Code Ann. § 16-3-910 — TN Code / Title 16 / Chapter 3 / Section 16-3-910
Powers of the council
Status: in_force

The council has the power: (1) To establish fees sufficient to pay the annual expenses of the council; and (2) In a lawful proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, assess civil penalties, in accordance with rules adopted pursuant to the Uniform Administrative Procedures Act, for violations of statutes, rules or orders enforceable by the council. Acts 2004, ch. 665, § 1.
The council has the power:
(1) To establish fees sufficient to pay the annual expenses of the council; and
(2) In a lawful proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, assess civil penalties, in accordance with rules adopted pursuant to the Uniform Administrative Procedures Act, for violations of statutes, rules or orders enforceable by the council.
Acts 2004, ch. 665, § 1.
Tenn. Code Ann. § 16-3-804 — TN Code / Title 16 / Chapter 3 / Section 16-3-804
Personnel - Law practice barred
Status: in_force

(a) The administrative director of the courts shall, subject to the approval of the supreme court, appoint and fix the compensation of assistants, clerical staff, or other employees that are necessary to enable the administrative director to perform the duties of the administrative office of the courts. (b) Neither the administrative director of the courts nor any employee of the state court system shall, during the term of office or employment, directly or indirectly engage in the practice of law in any of the courts of this state. Nothing in this subsection (b) or any other law shall be construed to prohibit personnel described in this section from providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program. (c) (1) Prior to a person's employment with the administrative office of the courts, the administrative director of the courts is authorized to obtain a criminal history background check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. Background checks must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. (2) The administrative director of the courts may establish the job titles or classifications to which the requirements of this subsection (c) apply. Nothing in this subsection (c) supersedes any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position subject to licensure, approval, or certification by any state program or agency. (3) The administrative office of the courts shall pay the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, for any costs the bureaus incur when conducting the investigations of applicants. Amended by 2017 Tenn. Acts, ch. 104,s 1, eff. 4/7/2017. Acts 1993, ch. 65, § 2; 2009, ch. 7, § 3.
(a) The administrative director of the courts shall, subject to the approval of the supreme court, appoint and fix the compensation of assistants, clerical staff, or other employees that are necessary to enable the administrative director to perform the duties of the administrative office of the courts.
(b) Neither the administrative director of the courts nor any employee of the state court system shall, during the term of office or employment, directly or indirectly engage in the practice of law in any of the courts of this state. Nothing in this subsection (b) or any other law shall be construed to prohibit personnel described in this section from providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program.
(c) (1) Prior to a person's employment with the administrative office of the courts, the administrative director of the courts is authorized to obtain a criminal history background check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. Background checks must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. (2) The administrative director of the courts may establish the job titles or classifications to which the requirements of this subsection (c) apply. Nothing in this subsection (c) supersedes any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position subject to licensure, approval, or certification by any state program or agency. (3) The administrative office of the courts shall pay the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, for any costs the bureaus incur when conducting the investigations of applicants.
(1) Prior to a person's employment with the administrative office of the courts, the administrative director of the courts is authorized to obtain a criminal history background check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. Background checks must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation.
(2) The administrative director of the courts may establish the job titles or classifications to which the requirements of this subsection (c) apply. Nothing in this subsection (c) supersedes any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position subject to licensure, approval, or certification by any state program or agency.
(3) The administrative office of the courts shall pay the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, for any costs the bureaus incur when conducting the investigations of applicants.
Amended by 2017 Tenn. Acts, ch. 104,s 1, eff. 4/7/2017.
Acts 1993, ch. 65, § 2; 2009, ch. 7, § 3.
Tenn. Code Ann. § 16-18-303 — TN Code / Title 16 / Chapter 18 / Section 16-18-303
Administration of oaths
Status: in_force

Notwithstanding any law to the contrary, every popularly elected or appointed judge of a municipal court is authorized to administer oaths. Acts 2004, ch. 914, § 2.
Notwithstanding any law to the contrary, every popularly elected or appointed judge of a municipal court is authorized to administer oaths.
Acts 2004, ch. 914, § 2.
Tenn. Code Ann. § 16-16-114 — TN Code / Title 16 / Chapter 16 / Section 16-16-114
Bastardy
Status: in_force

(a) The court has also original jurisdiction over bastardy and bastards, and general supervision of bastards. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Code 1858, § 4208 (deriv. Acts 1741, ch. 14, § 10); Shan., § 6040; Code 1932, § 10237; T.C.A. (orig. ed.), § 16-716; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) The court has also original jurisdiction over bastardy and bastards, and general supervision of bastards.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4208 (deriv. Acts 1741, ch. 14, § 10); Shan., § 6040; Code 1932, § 10237; T.C.A. (orig. ed.), § 16-716; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-3-809 — TN Code / Title 16 / Chapter 3 / Section 16-3-809
State law libraries - Control and supervision - Powers - Expenditures
Status: in_force

(a) The administrative office of the courts shall have control and supervision of the existing state law libraries at Nashville, Knoxville, and Jackson. The office's powers include, but are not limited to, the following: (1) The power to employ necessary personnel, either full or part time, and to fix their compensation; (2) The power to purchase or otherwise acquire books, furniture, supplies, and all other necessary equipment, including the power to dispose of by sale, exchange, gift or otherwise, books and equipment, whenever in the judgment of the office it is deemed advisable; (3) The power to make and enforce all necessary rules for the management and operation of the libraries; and (4) The power to exchange the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes for the reports, acts, and codes of other jurisdictions, and the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes available for exchange under present and future laws shall be at the disposal of the office for such purpose. (b) All expenditures made by the office pursuant to this section shall be within the limits of the amounts appropriated by the general assembly; provided, that the office has the authority to allocate amounts necessary for the operation and maintenance of each library among the libraries as it deems to be in the best interest of each library, but within the limits of the entire appropriation. Added by 2016 Tenn. Acts, ch. 619,s 3, eff. 3/22/2016.
(a) The administrative office of the courts shall have control and supervision of the existing state law libraries at Nashville, Knoxville, and Jackson. The office's powers include, but are not limited to, the following: (1) The power to employ necessary personnel, either full or part time, and to fix their compensation; (2) The power to purchase or otherwise acquire books, furniture, supplies, and all other necessary equipment, including the power to dispose of by sale, exchange, gift or otherwise, books and equipment, whenever in the judgment of the office it is deemed advisable; (3) The power to make and enforce all necessary rules for the management and operation of the libraries; and (4) The power to exchange the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes for the reports, acts, and codes of other jurisdictions, and the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes available for exchange under present and future laws shall be at the disposal of the office for such purpose.
(1) The power to employ necessary personnel, either full or part time, and to fix their compensation;
(2) The power to purchase or otherwise acquire books, furniture, supplies, and all other necessary equipment, including the power to dispose of by sale, exchange, gift or otherwise, books and equipment, whenever in the judgment of the office it is deemed advisable;
(3) The power to make and enforce all necessary rules for the management and operation of the libraries; and
(4) The power to exchange the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes for the reports, acts, and codes of other jurisdictions, and the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes available for exchange under present and future laws shall be at the disposal of the office for such purpose.
(b) All expenditures made by the office pursuant to this section shall be within the limits of the amounts appropriated by the general assembly; provided, that the office has the authority to allocate amounts necessary for the operation and maintenance of each library among the libraries as it deems to be in the best interest of each library, but within the limits of the entire appropriation.
Added by 2016 Tenn. Acts, ch. 619,s 3, eff. 3/22/2016.
Tenn. Code Ann. § 16-16-102 — TN Code / Title 16 / Chapter 16 / Section 16-16-102
Special laws continued
Status: in_force

(a) All the existing laws defining the local limits of the jurisdiction of the county courts, and fixing the times and places for holding the county courts, are continued in full force and effect, unless inconsistent with some positive provision of this code. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Code 1858, § 128; Shan., § 222; Code 1932, § 162; T.C.A. (orig. ed.), § 16-702; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) All the existing laws defining the local limits of the jurisdiction of the county courts, and fixing the times and places for holding the county courts, are continued in full force and effect, unless inconsistent with some positive provision of this code.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 128; Shan., § 222; Code 1932, § 162; T.C.A. (orig. ed.), § 16-702; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-15-303 — TN Code / Title 16 / Chapter 15 / Section 16-15-303
General sessions court clerk
Status: in_force

(a) A general sessions court clerk shall: (1) Retain, preserve and file away in order, and properly mark for easy reference all the papers in civil cases before them, unless returned or transmitted, in pursuance of law, to the circuit court upon appeal or otherwise; (2) Transmit all the papers relative to the trial of a cause in which an appeal has been taken to the circuit court at least five (5) days before the term to which the appeal is returnable, unless the appeal is taken within the five (5) days, and then on, or by the first day of, the term; (3) Transmit copies of such papers in the same way, in cases where only a portion of the parties have appealed; (4) Return such papers, when an execution has been levied on real estate of the defendant, to the circuit court, on or before the second day of the term next after the levy; and (5) Not issue an alias or pluries execution until the execution previously issued is returned, or affidavit made accounting for its absence, and a showing that it is unsatisfied. (b) A general sessions court clerk shall keep, in a well-bound book, properly ruled for that purpose, a docket of all judgments rendered by the court, showing in whose favor and against whom each judgment is rendered, the names of the parties in full, and the date and amount of the judgment. (c) (1) A general sessions court clerk shall also keep, in the same book, an execution docket, showing the amount of each execution, in whose favor and against whom issued, the date of issuance, to whom delivered, the date of return and by whom returned, and the substance of the return, specifying particularly whether satisfied in whole or in part. (2) The general sessions court clerk shall enter in the execution docket, in continuous order, and in distinct columns, with proper date to each act: (A) The number of each case; (B) The date of trial, and of each continuance, if any; (C) The names of the parties in full; (D) The amount of the judgment; (E) The name of the stayor, if any; (F) The name of the officer who returns the warrant; (G) The date of the issuance of each execution, and to whom delivered; (H) The bill of costs, the items written in words, with the amounts in figures; and (I) The date of the return of the execution, by whom returned, and the substance of the return. (d) A substantial compliance with the requirements of this section is sufficient to render the proceedings and entries valid for all purposes, so far as the parties are concerned, and all persons claiming under them. (e) It is a Class C misdemeanor for a clerk to fail to keep the docket of judgments rendered and an execution docket, as required by subsections (b) and (c). Conviction under this section is grounds for removal under title 8, chapter 47. In addition, a person injured by the failure of a general sessions court clerk to preserve and keep the clerk's papers or dockets may recover civil damages pursuant to the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20. (f) (1) Any information required to be kept as a public record by a clerk of a court of general sessions may be maintained on a computer or removable computer storage media in lieu of docket books or other bound books; provided, that the following standards are met: (A) The information is available for public inspection, unless it is a confidential record according to law; (B) Due care is taken to maintain the information as a public record during the time required by law for retention; (C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and (D) The clerk can provide a paper copy of the information when needed or when requested by a member of the public. (2) Nothing in subdivision (f)(1) shall be construed as requiring the clerk to sell the media upon which the information is stored or maintained. (g) (1) As used in this subsection (g): (A) "Adjudication as a mental defective or adjudicated as a mental defective" means: (i) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (a) Is a danger to such person or to others; or (b) Lacks the ability to contract or manage such person's own affairs due to mental defect; (ii) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (iii) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ); (B) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (C) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (D) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers. (2) In addition to the duties prescribed in this part, the clerks of the general sessions courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution after a finding of probable cause pursuant to § 33-6-422 for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180. (3) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subdivision (g)(2): (A) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (B) Case or docket number of the judicial commitment or the adjudication as a mental defective; (C) Date judicial commitment ordered or adjudication as a mental defective was made; (D) Private or state hospital or treatment resource to which the individual was judicially committed; (E) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk; (F) Race and sex of the individual judicially committed or adjudicated as a mental defective; and (G) Social security number of the individual judicially committed or adjudicated as a mental defective if available. (4) The information in subdivisions (g)(3)(A)-(G), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109 , 39-17-1316 , and 39-17-1352 - 39-17-1354. Amended by 2024 Tenn. Acts, ch. 784,s 6, eff. 7/1/2024. Amended by 2019 Tenn. Acts, ch. 262, s 4, eff. 7/1/2019. Amended by 2019 Tenn. Acts, ch. 262, s 3, eff. 7/1/2019. Amended by 2013 Tenn. Acts, ch. 300, s 5, eff. 7/1/2013. Acts 1993, ch. 241, § 8; 2009 , ch. 578, § 3.
(a) A general sessions court clerk shall: (1) Retain, preserve and file away in order, and properly mark for easy reference all the papers in civil cases before them, unless returned or transmitted, in pursuance of law, to the circuit court upon appeal or otherwise; (2) Transmit all the papers relative to the trial of a cause in which an appeal has been taken to the circuit court at least five (5) days before the term to which the appeal is returnable, unless the appeal is taken within the five (5) days, and then on, or by the first day of, the term; (3) Transmit copies of such papers in the same way, in cases where only a portion of the parties have appealed; (4) Return such papers, when an execution has been levied on real estate of the defendant, to the circuit court, on or before the second day of the term next after the levy; and (5) Not issue an alias or pluries execution until the execution previously issued is returned, or affidavit made accounting for its absence, and a showing that it is unsatisfied.
(1) Retain, preserve and file away in order, and properly mark for easy reference all the papers in civil cases before them, unless returned or transmitted, in pursuance of law, to the circuit court upon appeal or otherwise;
(2) Transmit all the papers relative to the trial of a cause in which an appeal has been taken to the circuit court at least five (5) days before the term to which the appeal is returnable, unless the appeal is taken within the five (5) days, and then on, or by the first day of, the term;
(3) Transmit copies of such papers in the same way, in cases where only a portion of the parties have appealed;
(4) Return such papers, when an execution has been levied on real estate of the defendant, to the circuit court, on or before the second day of the term next after the levy; and
(5) Not issue an alias or pluries execution until the execution previously issued is returned, or affidavit made accounting for its absence, and a showing that it is unsatisfied.
(b) A general sessions court clerk shall keep, in a well-bound book, properly ruled for that purpose, a docket of all judgments rendered by the court, showing in whose favor and against whom each judgment is rendered, the names of the parties in full, and the date and amount of the judgment.
(c) (1) A general sessions court clerk shall also keep, in the same book, an execution docket, showing the amount of each execution, in whose favor and against whom issued, the date of issuance, to whom delivered, the date of return and by whom returned, and the substance of the return, specifying particularly whether satisfied in whole or in part. (2) The general sessions court clerk shall enter in the execution docket, in continuous order, and in distinct columns, with proper date to each act: (A) The number of each case; (B) The date of trial, and of each continuance, if any; (C) The names of the parties in full; (D) The amount of the judgment; (E) The name of the stayor, if any; (F) The name of the officer who returns the warrant; (G) The date of the issuance of each execution, and to whom delivered; (H) The bill of costs, the items written in words, with the amounts in figures; and (I) The date of the return of the execution, by whom returned, and the substance of the return.
(1) A general sessions court clerk shall also keep, in the same book, an execution docket, showing the amount of each execution, in whose favor and against whom issued, the date of issuance, to whom delivered, the date of return and by whom returned, and the substance of the return, specifying particularly whether satisfied in whole or in part.
(2) The general sessions court clerk shall enter in the execution docket, in continuous order, and in distinct columns, with proper date to each act: (A) The number of each case; (B) The date of trial, and of each continuance, if any; (C) The names of the parties in full; (D) The amount of the judgment; (E) The name of the stayor, if any; (F) The name of the officer who returns the warrant; (G) The date of the issuance of each execution, and to whom delivered; (H) The bill of costs, the items written in words, with the amounts in figures; and (I) The date of the return of the execution, by whom returned, and the substance of the return.
(A) The number of each case;
(B) The date of trial, and of each continuance, if any;
(C) The names of the parties in full;
(D) The amount of the judgment;
(E) The name of the stayor, if any;
(F) The name of the officer who returns the warrant;
(G) The date of the issuance of each execution, and to whom delivered;
(H) The bill of costs, the items written in words, with the amounts in figures; and
(I) The date of the return of the execution, by whom returned, and the substance of the return.
(d) A substantial compliance with the requirements of this section is sufficient to render the proceedings and entries valid for all purposes, so far as the parties are concerned, and all persons claiming under them.
(e) It is a Class C misdemeanor for a clerk to fail to keep the docket of judgments rendered and an execution docket, as required by subsections (b) and (c). Conviction under this section is grounds for removal under title 8, chapter 47. In addition, a person injured by the failure of a general sessions court clerk to preserve and keep the clerk's papers or dockets may recover civil damages pursuant to the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
(f) (1) Any information required to be kept as a public record by a clerk of a court of general sessions may be maintained on a computer or removable computer storage media in lieu of docket books or other bound books; provided, that the following standards are met: (A) The information is available for public inspection, unless it is a confidential record according to law; (B) Due care is taken to maintain the information as a public record during the time required by law for retention; (C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and (D) The clerk can provide a paper copy of the information when needed or when requested by a member of the public. (2) Nothing in subdivision (f)(1) shall be construed as requiring the clerk to sell the media upon which the information is stored or maintained.
(1) Any information required to be kept as a public record by a clerk of a court of general sessions may be maintained on a computer or removable computer storage media in lieu of docket books or other bound books; provided, that the following standards are met: (A) The information is available for public inspection, unless it is a confidential record according to law; (B) Due care is taken to maintain the information as a public record during the time required by law for retention; (C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and (D) The clerk can provide a paper copy of the information when needed or when requested by a member of the public.
(A) The information is available for public inspection, unless it is a confidential record according to law;
(B) Due care is taken to maintain the information as a public record during the time required by law for retention;
(C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and
(D) The clerk can provide a paper copy of the information when needed or when requested by a member of the public.
(2) Nothing in subdivision (f)(1) shall be construed as requiring the clerk to sell the media upon which the information is stored or maintained.
(g) (1) As used in this subsection (g): (A) "Adjudication as a mental defective or adjudicated as a mental defective" means: (i) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (a) Is a danger to such person or to others; or (b) Lacks the ability to contract or manage such person's own affairs due to mental defect; (ii) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (iii) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ); (B) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (C) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (D) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers. (2) In addition to the duties prescribed in this part, the clerks of the general sessions courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution after a finding of probable cause pursuant to § 33-6-422 for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180. (3) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subdivision (g)(2): (A) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (B) Case or docket number of the judicial commitment or the adjudication as a mental defective; (C) Date judicial commitment ordered or adjudication as a mental defective was made; (D) Private or state hospital or treatment resource to which the individual was judicially committed; (E) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk; (F) Race and sex of the individual judicially committed or adjudicated as a mental defective; and (G) Social security number of the individual judicially committed or adjudicated as a mental defective if available. (4) The information in subdivisions (g)(3)(A)-(G), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109 , 39-17-1316 , and 39-17-1352 - 39-17-1354.
(1) As used in this subsection (g): (A) "Adjudication as a mental defective or adjudicated as a mental defective" means: (i) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (a) Is a danger to such person or to others; or (b) Lacks the ability to contract or manage such person's own affairs due to mental defect; (ii) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (iii) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b ); (B) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7; (C) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; (D) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(A) "Adjudication as a mental defective or adjudicated as a mental defective" means: (i) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (a) Is a danger to such person or to others; or (b) Lacks the ability to contract or manage such person's own affairs due to mental defect; (ii) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or (iii) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b );
(i) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: (a) Is a danger to such person or to others; or (b) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(a) Is a danger to such person or to others; or
(b) Lacks the ability to contract or manage such person's own affairs due to mental defect;
(ii) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
(iii) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice ( 10 U.S.C. §§ 850a , 876b );
(B) "Judicial commitment to a mental institution" means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
(C) "Mental institution" means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital;
(D) "Treatment resource" means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(2) In addition to the duties prescribed in this part, the clerks of the general sessions courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution after a finding of probable cause pursuant to § 33-6-422 for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.
(3) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subdivision (g)(2): (A) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise; (B) Case or docket number of the judicial commitment or the adjudication as a mental defective; (C) Date judicial commitment ordered or adjudication as a mental defective was made; (D) Private or state hospital or treatment resource to which the individual was judicially committed; (E) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk; (F) Race and sex of the individual judicially committed or adjudicated as a mental defective; and (G) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
(A) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
(B) Case or docket number of the judicial commitment or the adjudication as a mental defective;
(C) Date judicial commitment ordered or adjudication as a mental defective was made;
(D) Private or state hospital or treatment resource to which the individual was judicially committed;
(E) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk;
(F) Race and sex of the individual judicially committed or adjudicated as a mental defective; and
(G) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
(4) The information in subdivisions (g)(3)(A)-(G), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109 , 39-17-1316 , and 39-17-1352 - 39-17-1354.
Amended by 2024 Tenn. Acts, ch. 784,s 6, eff. 7/1/2024.
Amended by 2019 Tenn. Acts, ch. 262, s 4, eff. 7/1/2019.
Amended by 2019 Tenn. Acts, ch. 262, s 3, eff. 7/1/2019.
Amended by 2013 Tenn. Acts, ch. 300, s 5, eff. 7/1/2013.
Acts 1993, ch. 241, § 8; 2009 , ch. 578, § 3.
Tenn. Code Ann. § 16-11-101 — TN Code / Title 16 / Chapter 11 / Section 16-11-101
General powers
Status: in_force

The chancery court has all the powers, privileges and jurisdiction properly and rightfully incident to a court of equity. Code 1858, § 4279 (deriv. Acts 1835-1836, ch. 4, § 1); Shan., § 6088; mod. Code 1932, § 10349; T.C.A. (orig. ed.), § 16-601.
The chancery court has all the powers, privileges and jurisdiction properly and rightfully incident to a court of equity.
Code 1858, § 4279 (deriv. Acts 1835-1836, ch. 4, § 1); Shan., § 6088; mod. Code 1932, § 10349; T.C.A. (orig. ed.), § 16-601.
Tenn. Code Ann. § 16-1-120 — TN Code / Title 16 / Chapter 1 / Section 16-1-120
Processing passport applications - Photographs for passports
Status: in_force

If a court clerk chooses to process passport applications, the court clerk may take photographs for the passports and charge a reasonable fee for such service. Added by 2019 Tenn. Acts, ch. 344,s 1, eff. 5/10/2019.
If a court clerk chooses to process passport applications, the court clerk may take photographs for the passports and charge a reasonable fee for such service.
Added by 2019 Tenn. Acts, ch. 344,s 1, eff. 5/10/2019.
Tenn. Code Ann. § 16-16-116 — TN Code / Title 16 / Chapter 16 / Section 16-16-116
Clerk
Status: in_force

(a) The county clerk shall be the clerk of the court held by the county judge. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Code 1858, § 4199 (deriv. Acts 1855-1856, ch. 253, § 7); Shan., § 6025; Code 1932, § 10223; T.C.A. (orig. ed.), § 16-718; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) The county clerk shall be the clerk of the court held by the county judge.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4199 (deriv. Acts 1855-1856, ch. 253, § 7); Shan., § 6025; Code 1932, § 10223; T.C.A. (orig. ed.), § 16-718; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-16-115 — TN Code / Title 16 / Chapter 16 / Section 16-16-115
Powers to exercise concurrent jurisdiction
Status: in_force

(a) The county court is, in cases of concurrent jurisdiction, vested with all the incidental powers belonging to or conferred by law upon the court with which its jurisdiction is concurrent, for the purpose of exercising and effectuating such jurisdiction. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties. Code 1858, § 4204; Shan., § 6031; Code 1932, § 10229; T.C.A. (orig. ed.), § 16-717; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
(a) The county court is, in cases of concurrent jurisdiction, vested with all the incidental powers belonging to or conferred by law upon the court with which its jurisdiction is concurrent, for the purpose of exercising and effectuating such jurisdiction.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4204; Shan., § 6031; Code 1932, § 10229; T.C.A. (orig. ed.), § 16-717; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
Tenn. Code Ann. § 16-3-306 — TN Code / Title 16 / Chapter 3 / Section 16-3-306
Continuation of terms - Concurrent terms
Status: in_force

Every term of the court when opened shall remain open until an order of adjournment is entered, and it shall be lawful for the terms of court in all the grand divisions to be open and running concurrently. Acts 1915, ch. 95, § 3; Shan., § 135a3; Code 1932, § 156; T.C.A. (orig. ed.), § 16-321.
Every term of the court when opened shall remain open until an order of adjournment is entered, and it shall be lawful for the terms of court in all the grand divisions to be open and running concurrently.
Acts 1915, ch. 95, § 3; Shan., § 135a3; Code 1932, § 156; T.C.A. (orig. ed.), § 16-321.
Tenn. Code Ann. § 16-22-105 — TN Code / Title 16 / Chapter 22 / Section 16-22-105
Administration
Status: in_force

The department of mental health and substance abuse services shall administer the drug court treatment program by: (1) Defining, developing, and gathering outcome measures for drug court treatment programs relating to § 16-22-102 ; (2) Collecting, reporting and disseminating drug court treatment data; (3) Supporting a state drug treatment mentor program; (4) Sponsoring and coordinating state drug court treatment training; (5) Awarding, administering and evaluating state drug court treatment grants; and (6) Developing standards of operation for drug court treatment programs. Amended by 2015 Tenn. Acts, ch. 453, s 11, eff. 7/1/2015. Acts 2003 , ch. 335, §1; 2007 , ch. 375, § 2.
The department of mental health and substance abuse services shall administer the drug court treatment program by:
(1) Defining, developing, and gathering outcome measures for drug court treatment programs relating to § 16-22-102 ;
(2) Collecting, reporting and disseminating drug court treatment data;
(3) Supporting a state drug treatment mentor program;
(4) Sponsoring and coordinating state drug court treatment training;
(5) Awarding, administering and evaluating state drug court treatment grants; and
(6) Developing standards of operation for drug court treatment programs.
Amended by 2015 Tenn. Acts, ch. 453, s 11, eff. 7/1/2015.
Acts 2003 , ch. 335, §1; 2007 , ch. 375, § 2.
Tenn. Code Ann. § 16-15-304 — TN Code / Title 16 / Chapter 15 / Section 16-15-304
Dockets
Status: in_force

Separate dockets shall be kept in the court for civil and criminal cases. Upon the civil docket shall be entered the style of each case, the names of the attorneys for the parties, the date of issuance of the warrant and process, the name of the officer to whom delivered, the return of the process, in brief form the action of the court both interlocutory and final, orders, judgments, executions, garnishments, list of fees of the court, of the sheriff, the sheriff's deputies, constables, game wardens, state highway patrol officers and other officers for their services, fees of witnesses for attendance and credits for payments upon judgments and upon costs. All cases shall be indexed. Acts 1959, ch. 109, § 8; T.C.A., § 16-1123; Acts 1993, ch. 241, § 21; T.C.A., § 16-15-704 .
Separate dockets shall be kept in the court for civil and criminal cases. Upon the civil docket shall be entered the style of each case, the names of the attorneys for the parties, the date of issuance of the warrant and process, the name of the officer to whom delivered, the return of the process, in brief form the action of the court both interlocutory and final, orders, judgments, executions, garnishments, list of fees of the court, of the sheriff, the sheriff's deputies, constables, game wardens, state highway patrol officers and other officers for their services, fees of witnesses for attendance and credits for payments upon judgments and upon costs. All cases shall be indexed.
Acts 1959, ch. 109, § 8; T.C.A., § 16-1123; Acts 1993, ch. 241, § 21; T.C.A., § 16-15-704 .