Tenn. Code Ann. § 29-3-110 — TN Code / Title 29 / Chapter 3 / Section 29-3-110
Order of abatement
Status: in_force

(a) If, upon the trial, the existence of the nuisance is established under § 29-3-101(a)(2)(A) , an order of abatement shall be entered as part of the judgment or decree of the court, which order shall direct the removal from the building or place where the nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies and instrumentalities used for the purpose of conducting, maintaining or carrying on the unlawful business, occupation, game, practice or device constituting the nuisance; and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon such terms as the court may order, and the payment of the proceeds into court to be applied to costs or paid over to the owner, and the destruction of such portion thereof, if any, as cannot be lawfully sold within this state; and the judgment or decree shall perpetually enjoin the defendant from engaging in, conducting, continuing, or maintaining the nuisance, directly or indirectly, by the defendant or defendant's agents or representatives, and perpetually forbidding the owner of the building from permitting or suffering the nuisance to be done in the building. (b) (1) Upon any hearing or trial, the establishment of a criminal gang as a nuisance under § 29-3-101(a)(2)(B) need only be proven by clear and convincing evidence, notwithstanding any references under this chapter to the criminal code. Neither a criminal conviction nor a finding of juvenile delinquency is required in order to prove, by clear and convincing evidence, that particular conduct is gang related conduct to be abated as a nuisance under this chapter. Gang related conduct to be abated as a nuisance may be proven through the testimony of a fact witness, an expert witness, or a combined fact-expert witness pursuant to the rules of evidence. (2) If, upon any hearing or trial, the existence of a gang related nuisance is established under § 29-3-101 , an order of abatement shall be entered as part of the judgment or decree of the court. That order shall enjoin perpetually the defendant or defendants from engaging in, conducting, continuing, aiding or abetting the nuisance, directly or indirectly. (3) In addition to the relief permitted in subdivision (b)(2), the court may designate a certain geographically defined area or areas in any temporary or permanent gang injunction, which are narrowly tailored in compliance with prevailing constitutional case law for one (1) or more of the following purposes: (A) Preventing the gang from gathering in public in groups of two (2) or more members; and (B) Preventing any gang member from entering any specific public park or parcel of property where the gang has been found to have carried out its operations. (4) All gang injunctions shall also include an "opt out" provision permitting an individual to seek an order of dismissal from the injunction upon proper application to the court, with thirty (30) days' notice to the petitioner, truthfully stating that the individual renounces involvement with that particular gang, which is the subject of the gang injunction, and for the last two (2) years: (A) Has not committed any crimes or engaged in any form of criminal conduct, not including any time spent incarcerated; (B) Has not been in the company, or association, of any person found under this chapter to be a gang member, other than an immediate family member; and (C) Has not obtained any new gang related tattoos. (c) In the order of abatement, the court may also assess costs of public services required to abate or manage the nuisance, including, but not limited to, law enforcement costs, if any, caused by the public nuisance. The governmental entity shall submit evidence of such costs to the court. (d) (1) Any person who is not specifically named in a gang injunction issued pursuant to subsection (b) may be subject to the injunction by service upon the person of: (A) A petition by the original petitioner to amend the injunction to specifically include the person; or (B) A summons and a copy of the injunction. (2) Service of the petition or summons shall include a date, time, and place of a hearing, where the original petitioner shall be required to show why the person should be subject to the injunction. (3) A person who is added to the injunction under subdivision (d)(1) shall be subject to § 29-3-111 for any conduct occurring after the date the person is added to the injunction. (4) A person who is added to the injunction under subdivision (d)(1) shall be afforded the same opt-out provisions under subdivision (b)(4). (e) No later than April 1 of each year, the commissioner of safety, after consulting with the petitioners where gang injunctions permitted by chapter 865 of the Public Acts of 2014 are in effect, shall submit a detailed, written report to the judiciary committee of the senate and the civil justice committee of the house of representatives regarding the implementation of chapter 865 of the Public Acts of 2014 and containing relevant data for the previous calendar year that shall include, but not be limited to: (1) The number of injunctions against criminal gangs in effect; (2) The number of persons charged with violating a gang injunction under § 29-3-111(a) ; (3) The number of persons convicted for violating a gang injunction under § 29-3-111(a) ; and (4) All criminal charges filed during the previous calendar year against persons specifically named in a gang injunction. Amended by 2021 Tenn. Acts, ch. 64, s 19, eff. 3/29/2021. Amended by 2014 Tenn. Acts, ch. 865, s 5, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 865, s 4, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 463, s 1, eff. 5/20/2013. Acts 1913 (2nd Ex. Sess.), ch. 2, § 6; Shan., § 5164a11; Code 1932, § 9334; T.C.A. (orig. ed.), §23-311; Acts 2009 , ch. 571, § 2.
(a) If, upon the trial, the existence of the nuisance is established under § 29-3-101(a)(2)(A) , an order of abatement shall be entered as part of the judgment or decree of the court, which order shall direct the removal from the building or place where the nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies and instrumentalities used for the purpose of conducting, maintaining or carrying on the unlawful business, occupation, game, practice or device constituting the nuisance; and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon such terms as the court may order, and the payment of the proceeds into court to be applied to costs or paid over to the owner, and the destruction of such portion thereof, if any, as cannot be lawfully sold within this state; and the judgment or decree shall perpetually enjoin the defendant from engaging in, conducting, continuing, or maintaining the nuisance, directly or indirectly, by the defendant or defendant's agents or representatives, and perpetually forbidding the owner of the building from permitting or suffering the nuisance to be done in the building.
(b) (1) Upon any hearing or trial, the establishment of a criminal gang as a nuisance under § 29-3-101(a)(2)(B) need only be proven by clear and convincing evidence, notwithstanding any references under this chapter to the criminal code. Neither a criminal conviction nor a finding of juvenile delinquency is required in order to prove, by clear and convincing evidence, that particular conduct is gang related conduct to be abated as a nuisance under this chapter. Gang related conduct to be abated as a nuisance may be proven through the testimony of a fact witness, an expert witness, or a combined fact-expert witness pursuant to the rules of evidence. (2) If, upon any hearing or trial, the existence of a gang related nuisance is established under § 29-3-101 , an order of abatement shall be entered as part of the judgment or decree of the court. That order shall enjoin perpetually the defendant or defendants from engaging in, conducting, continuing, aiding or abetting the nuisance, directly or indirectly. (3) In addition to the relief permitted in subdivision (b)(2), the court may designate a certain geographically defined area or areas in any temporary or permanent gang injunction, which are narrowly tailored in compliance with prevailing constitutional case law for one (1) or more of the following purposes: (A) Preventing the gang from gathering in public in groups of two (2) or more members; and (B) Preventing any gang member from entering any specific public park or parcel of property where the gang has been found to have carried out its operations. (4) All gang injunctions shall also include an "opt out" provision permitting an individual to seek an order of dismissal from the injunction upon proper application to the court, with thirty (30) days' notice to the petitioner, truthfully stating that the individual renounces involvement with that particular gang, which is the subject of the gang injunction, and for the last two (2) years: (A) Has not committed any crimes or engaged in any form of criminal conduct, not including any time spent incarcerated; (B) Has not been in the company, or association, of any person found under this chapter to be a gang member, other than an immediate family member; and (C) Has not obtained any new gang related tattoos.
(1) Upon any hearing or trial, the establishment of a criminal gang as a nuisance under § 29-3-101(a)(2)(B) need only be proven by clear and convincing evidence, notwithstanding any references under this chapter to the criminal code. Neither a criminal conviction nor a finding of juvenile delinquency is required in order to prove, by clear and convincing evidence, that particular conduct is gang related conduct to be abated as a nuisance under this chapter. Gang related conduct to be abated as a nuisance may be proven through the testimony of a fact witness, an expert witness, or a combined fact-expert witness pursuant to the rules of evidence.
(2) If, upon any hearing or trial, the existence of a gang related nuisance is established under § 29-3-101 , an order of abatement shall be entered as part of the judgment or decree of the court. That order shall enjoin perpetually the defendant or defendants from engaging in, conducting, continuing, aiding or abetting the nuisance, directly or indirectly.
(3) In addition to the relief permitted in subdivision (b)(2), the court may designate a certain geographically defined area or areas in any temporary or permanent gang injunction, which are narrowly tailored in compliance with prevailing constitutional case law for one (1) or more of the following purposes: (A) Preventing the gang from gathering in public in groups of two (2) or more members; and (B) Preventing any gang member from entering any specific public park or parcel of property where the gang has been found to have carried out its operations.
(A) Preventing the gang from gathering in public in groups of two (2) or more members; and
(B) Preventing any gang member from entering any specific public park or parcel of property where the gang has been found to have carried out its operations.
(4) All gang injunctions shall also include an "opt out" provision permitting an individual to seek an order of dismissal from the injunction upon proper application to the court, with thirty (30) days' notice to the petitioner, truthfully stating that the individual renounces involvement with that particular gang, which is the subject of the gang injunction, and for the last two (2) years: (A) Has not committed any crimes or engaged in any form of criminal conduct, not including any time spent incarcerated; (B) Has not been in the company, or association, of any person found under this chapter to be a gang member, other than an immediate family member; and (C) Has not obtained any new gang related tattoos.
(A) Has not committed any crimes or engaged in any form of criminal conduct, not including any time spent incarcerated;
(B) Has not been in the company, or association, of any person found under this chapter to be a gang member, other than an immediate family member; and
(C) Has not obtained any new gang related tattoos.
(c) In the order of abatement, the court may also assess costs of public services required to abate or manage the nuisance, including, but not limited to, law enforcement costs, if any, caused by the public nuisance. The governmental entity shall submit evidence of such costs to the court.
(d) (1) Any person who is not specifically named in a gang injunction issued pursuant to subsection (b) may be subject to the injunction by service upon the person of: (A) A petition by the original petitioner to amend the injunction to specifically include the person; or (B) A summons and a copy of the injunction. (2) Service of the petition or summons shall include a date, time, and place of a hearing, where the original petitioner shall be required to show why the person should be subject to the injunction. (3) A person who is added to the injunction under subdivision (d)(1) shall be subject to § 29-3-111 for any conduct occurring after the date the person is added to the injunction. (4) A person who is added to the injunction under subdivision (d)(1) shall be afforded the same opt-out provisions under subdivision (b)(4).
(1) Any person who is not specifically named in a gang injunction issued pursuant to subsection (b) may be subject to the injunction by service upon the person of: (A) A petition by the original petitioner to amend the injunction to specifically include the person; or (B) A summons and a copy of the injunction.
(A) A petition by the original petitioner to amend the injunction to specifically include the person; or
(B) A summons and a copy of the injunction.
(2) Service of the petition or summons shall include a date, time, and place of a hearing, where the original petitioner shall be required to show why the person should be subject to the injunction.
(3) A person who is added to the injunction under subdivision (d)(1) shall be subject to § 29-3-111 for any conduct occurring after the date the person is added to the injunction.
(4) A person who is added to the injunction under subdivision (d)(1) shall be afforded the same opt-out provisions under subdivision (b)(4).
(e) No later than April 1 of each year, the commissioner of safety, after consulting with the petitioners where gang injunctions permitted by chapter 865 of the Public Acts of 2014 are in effect, shall submit a detailed, written report to the judiciary committee of the senate and the civil justice committee of the house of representatives regarding the implementation of chapter 865 of the Public Acts of 2014 and containing relevant data for the previous calendar year that shall include, but not be limited to: (1) The number of injunctions against criminal gangs in effect; (2) The number of persons charged with violating a gang injunction under § 29-3-111(a) ; (3) The number of persons convicted for violating a gang injunction under § 29-3-111(a) ; and (4) All criminal charges filed during the previous calendar year against persons specifically named in a gang injunction.
(1) The number of injunctions against criminal gangs in effect;
(2) The number of persons charged with violating a gang injunction under § 29-3-111(a) ;
(3) The number of persons convicted for violating a gang injunction under § 29-3-111(a) ; and
(4) All criminal charges filed during the previous calendar year against persons specifically named in a gang injunction.
Amended by 2021 Tenn. Acts, ch. 64, s 19, eff. 3/29/2021.
Amended by 2014 Tenn. Acts, ch. 865, s 5, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 865, s 4, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 463, s 1, eff. 5/20/2013.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 6; Shan., § 5164a11; Code 1932, § 9334; T.C.A. (orig. ed.), §23-311; Acts 2009 , ch. 571, § 2.
Tenn. Code Ann. § 29-14-111 — TN Code / Title 29 / Chapter 14 / Section 29-14-111
Costs
Status: in_force

In any proceeding under this chapter, the court may make such award of cost as may seem equitable and just. Acts 1923, ch. 29, § 10; Shan. Supp., § 4726a10; Code 1932, §8844; T.C.A. (orig. ed.), § 23-1111.
In any proceeding under this chapter, the court may make such award of cost as may seem equitable and just.
Acts 1923, ch. 29, § 10; Shan. Supp., § 4726a10; Code 1932, §8844; T.C.A. (orig. ed.), § 23-1111.
Tenn. Code Ann. § 29-17-107 — TN Code / Title 29 / Chapter 17 / Section 29-17-107
Condemning land for public use - Condemner burden of proof - Determination of necessity defense - Exclusions
Status: in_force

(a) A condemner bears the burden of proving by a preponderance of the evidence that: (1) The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use; (2) The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property; (3) The condemner has access to funding to complete the public use; and (4) The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property. (b) When a condemner approves the use of eminent domain, the property owner has a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use. The property owner may raise this section's required determination of necessity as a defense in an answer filed under § 29-17-104(a)(2) or in a separate cause of action notwithstanding § 29-17-104(a)(2) , subject to the statute of limitations pursuant to § 29-16-124 . (c) This section does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utility water, public water projects, sewer, electricity, and utilities, including, but not limited to, gas and natural gas utilities. Added by 2024 Tenn. Acts, ch. 748,s 1, eff. 4/22/2024.
(a) A condemner bears the burden of proving by a preponderance of the evidence that: (1) The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use; (2) The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property; (3) The condemner has access to funding to complete the public use; and (4) The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property.
(1) The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use;
(2) The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property;
(3) The condemner has access to funding to complete the public use; and
(4) The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property.
(b) When a condemner approves the use of eminent domain, the property owner has a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use. The property owner may raise this section's required determination of necessity as a defense in an answer filed under § 29-17-104(a)(2) or in a separate cause of action notwithstanding § 29-17-104(a)(2) , subject to the statute of limitations pursuant to § 29-16-124 .
(c) This section does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utility water, public water projects, sewer, electricity, and utilities, including, but not limited to, gas and natural gas utilities.
Added by 2024 Tenn. Acts, ch. 748,s 1, eff. 4/22/2024.
Tenn. Code Ann. § 29-13-111 — TN Code / Title 29 / Chapter 13 / Section 29-13-111
Manner of payment - Exemption from execution or attachment
Status: in_force

(a) Upon acceptance of a settlement offer by a claimant or receipt of an order by the commission, the division shall, without further authorization, and subject to available funds, pay the claimant the amount, and in the manner determined appropriate. Such payment shall be made from the fund as set forth in § 29-13-116 . (b) All payments shall be made in a lump sum, except for those claims involving death or protracted disability, for which periodic payment of compensation may be awarded for the loss of earnings or support. (c) If the claimant is a minor, or is incompetent, payment shall be ordered to a relative or legal guardian. In such situations, the payee shall submit a plan for the disbursement of all funds for the benefit of the claimant as will best promote the interest of the claimant. Such plan shall be submitted at the time a claim for compensation is filed. Thereafter, should the payee choose to alter or amend the terms of the plan, the payee shall file a petition with the division setting out the nature of the proposed amendment or alteration and the reasons therefor. If the division determines that the requested amendment or alteration is in the best interest of the claimant, the division is authorized to approve such amendment or alteration. If the division is unable to make such a determination, the petition shall be submitted to the commission for its consideration. In the event the payee attempts to alter or amend the terms of the plan without filing such petition, the payee is liable for all amounts expended contrary to the approved plan. Notwithstanding the foregoing, the division or the commission has the discretion to turn over compensation awarded to a minor to the juvenile court pursuant to part 3 of this chapter, to be placed in an interest-bearing account for the benefit of the minor. (d) (1) Notwithstanding any provision of this part to the contrary, if the claimant has outstanding health care, funeral or burial expenses resulting from the injury or death which was the basis of the claim and if any compensation remains after making provision for the payment of all other eligible losses and expenses to the claimant, the division or commission may, in their discretion, make the remaining compensation payable to the health care or funeral provider. (2) Where multiple health care or funeral providers exist and the remaining compensation is inadequate to pay the entire indebtedness, the division or commission may divide the remaining compensation equally among the providers or, in the division or commission's discretion, apportion the remaining compensation among the providers in accordance with the claimant's instructions. (3) Nothing in this subsection (d) shall be construed to increase the maximum amount that may otherwise be awarded under § 29-13-107(7) . (e) (1) Except as provided in subdivisions (e)(2) and (3), no award pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury or death which is the basis of the claim. (2) If any claimant is entitled to direct compensation pursuant to this chapter and is in arrears with regard to child support payments, the department of human services shall, without further order by the court, attach a lien to any award of compensation such child support obligor receives from the criminal injuries compensation funds in order to satisfy such arrearage; however, a lien shall not apply to awards made by the division directly to service providers pursuant to subsection (d). The division shall periodically notify the department of human services of claims that have been filed. Upon notice from the division, it shall be the department of human services' responsibility to then notify the division of a lien attaching to a claim for payment of child support arrearage. This subsection (e) shall be effective for decisions made on or after July 1, 2012. (3) If any minor claimant is entitled to direct compensation pursuant to this chapter and a trust fund has been established for the minor claimant in accordance with part 3 of this chapter, the juvenile court clerk may, without further order of the court, withhold any funds within the trust for the purpose of paying court costs, fines, fees, or restitutions resulting from the minor beneficiary's actions pending in juvenile court. Amended by 2013 Tenn. Acts, ch. 324, Secs.s 2, s 2A eff. 5/13/2013. Acts 1976, ch. 736, § 11; T.C.A., §§ 23-3511, 23-35-111; Acts 1986, ch. 911, § 3; 1987, ch. 110, § 2; 1989, ch. 129, §§ 17-19; 1993, ch. 494, §§ 11, 21; 1995, ch. 490, § 1; 2008 , ch. 1043, § 5; 2012 , ch. 894, § 1.
(a) Upon acceptance of a settlement offer by a claimant or receipt of an order by the commission, the division shall, without further authorization, and subject to available funds, pay the claimant the amount, and in the manner determined appropriate. Such payment shall be made from the fund as set forth in § 29-13-116 .
(b) All payments shall be made in a lump sum, except for those claims involving death or protracted disability, for which periodic payment of compensation may be awarded for the loss of earnings or support.
(c) If the claimant is a minor, or is incompetent, payment shall be ordered to a relative or legal guardian. In such situations, the payee shall submit a plan for the disbursement of all funds for the benefit of the claimant as will best promote the interest of the claimant. Such plan shall be submitted at the time a claim for compensation is filed. Thereafter, should the payee choose to alter or amend the terms of the plan, the payee shall file a petition with the division setting out the nature of the proposed amendment or alteration and the reasons therefor. If the division determines that the requested amendment or alteration is in the best interest of the claimant, the division is authorized to approve such amendment or alteration. If the division is unable to make such a determination, the petition shall be submitted to the commission for its consideration. In the event the payee attempts to alter or amend the terms of the plan without filing such petition, the payee is liable for all amounts expended contrary to the approved plan. Notwithstanding the foregoing, the division or the commission has the discretion to turn over compensation awarded to a minor to the juvenile court pursuant to part 3 of this chapter, to be placed in an interest-bearing account for the benefit of the minor.
(d) (1) Notwithstanding any provision of this part to the contrary, if the claimant has outstanding health care, funeral or burial expenses resulting from the injury or death which was the basis of the claim and if any compensation remains after making provision for the payment of all other eligible losses and expenses to the claimant, the division or commission may, in their discretion, make the remaining compensation payable to the health care or funeral provider. (2) Where multiple health care or funeral providers exist and the remaining compensation is inadequate to pay the entire indebtedness, the division or commission may divide the remaining compensation equally among the providers or, in the division or commission's discretion, apportion the remaining compensation among the providers in accordance with the claimant's instructions. (3) Nothing in this subsection (d) shall be construed to increase the maximum amount that may otherwise be awarded under § 29-13-107(7) .
(1) Notwithstanding any provision of this part to the contrary, if the claimant has outstanding health care, funeral or burial expenses resulting from the injury or death which was the basis of the claim and if any compensation remains after making provision for the payment of all other eligible losses and expenses to the claimant, the division or commission may, in their discretion, make the remaining compensation payable to the health care or funeral provider.
(2) Where multiple health care or funeral providers exist and the remaining compensation is inadequate to pay the entire indebtedness, the division or commission may divide the remaining compensation equally among the providers or, in the division or commission's discretion, apportion the remaining compensation among the providers in accordance with the claimant's instructions.
(3) Nothing in this subsection (d) shall be construed to increase the maximum amount that may otherwise be awarded under § 29-13-107(7) .
(e) (1) Except as provided in subdivisions (e)(2) and (3), no award pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury or death which is the basis of the claim. (2) If any claimant is entitled to direct compensation pursuant to this chapter and is in arrears with regard to child support payments, the department of human services shall, without further order by the court, attach a lien to any award of compensation such child support obligor receives from the criminal injuries compensation funds in order to satisfy such arrearage; however, a lien shall not apply to awards made by the division directly to service providers pursuant to subsection (d). The division shall periodically notify the department of human services of claims that have been filed. Upon notice from the division, it shall be the department of human services' responsibility to then notify the division of a lien attaching to a claim for payment of child support arrearage. This subsection (e) shall be effective for decisions made on or after July 1, 2012. (3) If any minor claimant is entitled to direct compensation pursuant to this chapter and a trust fund has been established for the minor claimant in accordance with part 3 of this chapter, the juvenile court clerk may, without further order of the court, withhold any funds within the trust for the purpose of paying court costs, fines, fees, or restitutions resulting from the minor beneficiary's actions pending in juvenile court.
(1) Except as provided in subdivisions (e)(2) and (3), no award pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury or death which is the basis of the claim.
(2) If any claimant is entitled to direct compensation pursuant to this chapter and is in arrears with regard to child support payments, the department of human services shall, without further order by the court, attach a lien to any award of compensation such child support obligor receives from the criminal injuries compensation funds in order to satisfy such arrearage; however, a lien shall not apply to awards made by the division directly to service providers pursuant to subsection (d). The division shall periodically notify the department of human services of claims that have been filed. Upon notice from the division, it shall be the department of human services' responsibility to then notify the division of a lien attaching to a claim for payment of child support arrearage. This subsection (e) shall be effective for decisions made on or after July 1, 2012.
(3) If any minor claimant is entitled to direct compensation pursuant to this chapter and a trust fund has been established for the minor claimant in accordance with part 3 of this chapter, the juvenile court clerk may, without further order of the court, withhold any funds within the trust for the purpose of paying court costs, fines, fees, or restitutions resulting from the minor beneficiary's actions pending in juvenile court.
Amended by 2013 Tenn. Acts, ch. 324, Secs.s 2, s 2A eff. 5/13/2013.
Acts 1976, ch. 736, § 11; T.C.A., §§ 23-3511, 23-35-111; Acts 1986, ch. 911, § 3; 1987, ch. 110, § 2; 1989, ch. 129, §§ 17-19; 1993, ch. 494, §§ 11, 21; 1995, ch. 490, § 1; 2008 , ch. 1043, § 5; 2012 , ch. 894, § 1.
Tenn. Code Ann. § 29-28-106 — TN Code / Title 29 / Chapter 28 / Section 29-28-106
Seller's liability
Status: in_force

No product liability action, as defined in § 29-28-102 , shall be commenced or maintained against any seller, other than the manufacturer, unless: (1) The seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused the alleged harm for which recovery of damages is sought; (2) Altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought; (3) The seller gave an express warranty as defined by title 47, chapter 2; (4) The manufacturer or distributor of the product or part in question is not subject to service of process in this state and the long-arm statutes of Tennessee do not serve as the basis for obtaining service of process; or (5) The manufacturer has been judicially declared insolvent. Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, §1; 2011 , ch. 510, § 12.
No product liability action, as defined in § 29-28-102 , shall be commenced or maintained against any seller, other than the manufacturer, unless:
(1) The seller exercised substantial control over that aspect of the design, testing, manufacture, packaging or labeling of the product that caused the alleged harm for which recovery of damages is sought;
(2) Altered or modified the product, and the alteration or modification was a substantial factor in causing the harm for which recovery of damages is sought;
(3) The seller gave an express warranty as defined by title 47, chapter 2;
(4) The manufacturer or distributor of the product or part in question is not subject to service of process in this state and the long-arm statutes of Tennessee do not serve as the basis for obtaining service of process; or
(5) The manufacturer has been judicially declared insolvent.
Acts 1978, ch. 703, § 6; T.C.A., § 23-3706; Acts 1983, ch. 286, §1; 2011 , ch. 510, § 12.
Tenn. Code Ann. § 29-5-212 — TN Code / Title 29 / Chapter 5 / Section 29-5-212
Confirmation of award
Status: in_force

Upon application of a party the court shall confirm an award, unless within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 29-5-213 and 29-5-214 . Acts 1977, ch. 159, § 1; T.C.A., § 23-536.
Upon application of a party the court shall confirm an award, unless within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 29-5-213 and 29-5-214 .
Acts 1977, ch. 159, § 1; T.C.A., § 23-536.
Tenn. Code Ann. § 29-3-106 — TN Code / Title 29 / Chapter 3 / Section 29-3-106
Notice of hearing - Effect of injunction - Ex parte writ
Status: in_force

(a) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of the application; and if then continued at defendant's instance, the writ as prayed for shall be granted as a matter of course. (2) Notwithstanding subsection (c), if a defendant, who is the owner of the property and not the person keeping, maintaining, or carrying on the nuisance, demonstrates that the defendant was unaware of the nuisance prior to receiving the notice required by this subsection (a), and that the defendant has voluntarily taken steps after receiving notice to abate the nuisance without the involvement of the court, the court may dismiss the petition or continue the action pending further action by the defendant. (b) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the court, judge, or chancellor having cognizance of the case; and any violation of the injunction by the defendant, or upon defendant's procurement, shall be a contempt of court and punished as hereinafter provided. (c) When a bill or petition is made by any of the respective officers named in § 29-3-102 and supported by affidavit that there is probable cause to believe that a public nuisance exists, neither notice of the application nor of the hearing shall be required before the court may grant the writ, ex parte. A hearing shall be conducted within five (5) days following the execution of the writ closing and padlocking the premises, or the writ shall expire. Notice of the hearing shall be given to the defendant. If the defendant seeks to continue the hearing on the temporary injunction beyond the five-day period, the temporary injunction shall remain in effect. Amended by 2016 Tenn. Acts, ch. 1067, s 1, eff. 7/1/2016. Acts 1913 (2nd Ex. Sess.), ch. 2, § 4; Shan., § 5164a6; Code 1932, § 9329; T.C.A. (orig. ed.), §23-306; Acts 2007 , ch. 331, § 1.
(a) (1) Five (5) days' notice in writing shall be given the defendant of the hearing of the application; and if then continued at defendant's instance, the writ as prayed for shall be granted as a matter of course. (2) Notwithstanding subsection (c), if a defendant, who is the owner of the property and not the person keeping, maintaining, or carrying on the nuisance, demonstrates that the defendant was unaware of the nuisance prior to receiving the notice required by this subsection (a), and that the defendant has voluntarily taken steps after receiving notice to abate the nuisance without the involvement of the court, the court may dismiss the petition or continue the action pending further action by the defendant.
(1) Five (5) days' notice in writing shall be given the defendant of the hearing of the application; and if then continued at defendant's instance, the writ as prayed for shall be granted as a matter of course.
(2) Notwithstanding subsection (c), if a defendant, who is the owner of the property and not the person keeping, maintaining, or carrying on the nuisance, demonstrates that the defendant was unaware of the nuisance prior to receiving the notice required by this subsection (a), and that the defendant has voluntarily taken steps after receiving notice to abate the nuisance without the involvement of the court, the court may dismiss the petition or continue the action pending further action by the defendant.
(b) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the court, judge, or chancellor having cognizance of the case; and any violation of the injunction by the defendant, or upon defendant's procurement, shall be a contempt of court and punished as hereinafter provided.
(c) When a bill or petition is made by any of the respective officers named in § 29-3-102 and supported by affidavit that there is probable cause to believe that a public nuisance exists, neither notice of the application nor of the hearing shall be required before the court may grant the writ, ex parte. A hearing shall be conducted within five (5) days following the execution of the writ closing and padlocking the premises, or the writ shall expire. Notice of the hearing shall be given to the defendant. If the defendant seeks to continue the hearing on the temporary injunction beyond the five-day period, the temporary injunction shall remain in effect.
Amended by 2016 Tenn. Acts, ch. 1067, s 1, eff. 7/1/2016.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 4; Shan., § 5164a6; Code 1932, § 9329; T.C.A. (orig. ed.), §23-306; Acts 2007 , ch. 331, § 1.
Tenn. Code Ann. § 29-6-132 — TN Code / Title 29 / Chapter 6 / Section 29-6-132
Property subject to levy
Status: in_force

Attachments may be levied upon any real or personal property of either a legal or equitable nature, debts or choses in action, whether due or not due, in which the defendant has an interest. Code 1858, § 3500; Shan., § 5260; Code 1932, § 9451; T.C.A. (orig. ed.), § 23-632.
Attachments may be levied upon any real or personal property of either a legal or equitable nature, debts or choses in action, whether due or not due, in which the defendant has an interest.
Code 1858, § 3500; Shan., § 5260; Code 1932, § 9451; T.C.A. (orig. ed.), § 23-632.
Tenn. Code Ann. § 29-24-105 — TN Code / Title 29 / Chapter 24 / Section 29-24-105
Commercial printers and printing establishments relieved of liability for libel under certain conditions
Status: in_force

(a) For the purpose of this section, "commercial printer or commercial printing establishment" includes any person or establishment producing printed products by any and all processes, and suppliers of type, stencils, plates and/or negatives from which such printing is produced. (b) The right of action heretofore existing against a commercial printer or commercial printing establishment engaged in the business of printing for others to recover sums of money as damages for the publication of a libel is hereby abolished where the copy for the libelous matter was furnished by the customer to the commercial printer or commercial printing establishment, and no part of the libelous matter was written, edited or otherwise authored by the commercial printer or commercial printing establishment or their agents, servants or employees. (c) (1) The benefits of this section shall not inure to the commercial printer or printing establishment, where the copy is libelous per se or where the commercial printer, or commercial printing establishment, its agents, servants or employees knew, or in the exercise of ordinary care should have known, of the falsity of the matter contained in such copy. (2) The benefit of this section shall not inure to the benefit of any commercial printer or any commercial printing establishment unless such printer or printing establishment requires the person furnishing such copy to place the provider's true name, address and organization represented, if any, on such copy or in a permanent record book kept for such purpose, such information to be available to the person allegedly libeled upon the libeled party's written request. Acts 1957, ch. 240, §§ 1, 2; T.C.A., §§ 23-2608, 23-2609.
(a) For the purpose of this section, "commercial printer or commercial printing establishment" includes any person or establishment producing printed products by any and all processes, and suppliers of type, stencils, plates and/or negatives from which such printing is produced.
(b) The right of action heretofore existing against a commercial printer or commercial printing establishment engaged in the business of printing for others to recover sums of money as damages for the publication of a libel is hereby abolished where the copy for the libelous matter was furnished by the customer to the commercial printer or commercial printing establishment, and no part of the libelous matter was written, edited or otherwise authored by the commercial printer or commercial printing establishment or their agents, servants or employees.
(c) (1) The benefits of this section shall not inure to the commercial printer or printing establishment, where the copy is libelous per se or where the commercial printer, or commercial printing establishment, its agents, servants or employees knew, or in the exercise of ordinary care should have known, of the falsity of the matter contained in such copy. (2) The benefit of this section shall not inure to the benefit of any commercial printer or any commercial printing establishment unless such printer or printing establishment requires the person furnishing such copy to place the provider's true name, address and organization represented, if any, on such copy or in a permanent record book kept for such purpose, such information to be available to the person allegedly libeled upon the libeled party's written request.
(1) The benefits of this section shall not inure to the commercial printer or printing establishment, where the copy is libelous per se or where the commercial printer, or commercial printing establishment, its agents, servants or employees knew, or in the exercise of ordinary care should have known, of the falsity of the matter contained in such copy.
(2) The benefit of this section shall not inure to the benefit of any commercial printer or any commercial printing establishment unless such printer or printing establishment requires the person furnishing such copy to place the provider's true name, address and organization represented, if any, on such copy or in a permanent record book kept for such purpose, such information to be available to the person allegedly libeled upon the libeled party's written request.
Acts 1957, ch. 240, §§ 1, 2; T.C.A., §§ 23-2608, 23-2609.
Tenn. Code Ann. § 29-21-102 — TN Code / Title 29 / Chapter 21 / Section 29-21-102
Federal prisoners
Status: in_force

Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such judges or courts have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts, are not entitled to the benefits of this writ. Code 1858, § 3721; Shan., § 5501; Code 1932, § 9672; T.C.A. (orig. ed.), § 23-1802.
Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such judges or courts have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts, are not entitled to the benefits of this writ.
Code 1858, § 3721; Shan., § 5501; Code 1932, § 9672; T.C.A. (orig. ed.), § 23-1802.
Tenn. Code Ann. § 29-18-131 — TN Code / Title 29 / Chapter 18 / Section 29-18-131
Monetary judgment in circuit court
Status: in_force

(a) If the defendant obtain certiorari, and, upon trial in the circuit court, the jury find that the plaintiff is entitled to the possession of the land, the jury shall also ascertain the value of the rents during the time the plaintiff has been kept out of possession, and such other damages as the plaintiff is entitled to, and the court shall give judgment against the defendant and the defendant's sureties for the amount. (b) Should the cause be taken to the circuit court by the plaintiff, and a verdict be found in the plaintiff's favor, the jury shall, in like manner, ascertain the value of the rents, and the damages the jury may consider the plaintiff entitled to, and return the amount in its verdict, upon which the court shall give judgment accordingly. Code 1858, §§ 3363, 3364 (deriv. Acts 1841-1842, ch. 186, § 6); Shan., §§ 5112, 5113; Code 1932, §§ 9267, 9268; T.C.A. (orig. ed.), § 23-1633.
(a) If the defendant obtain certiorari, and, upon trial in the circuit court, the jury find that the plaintiff is entitled to the possession of the land, the jury shall also ascertain the value of the rents during the time the plaintiff has been kept out of possession, and such other damages as the plaintiff is entitled to, and the court shall give judgment against the defendant and the defendant's sureties for the amount.
(b) Should the cause be taken to the circuit court by the plaintiff, and a verdict be found in the plaintiff's favor, the jury shall, in like manner, ascertain the value of the rents, and the damages the jury may consider the plaintiff entitled to, and return the amount in its verdict, upon which the court shall give judgment accordingly.
Code 1858, §§ 3363, 3364 (deriv. Acts 1841-1842, ch. 186, § 6); Shan., §§ 5112, 5113; Code 1932, §§ 9267, 9268; T.C.A. (orig. ed.), § 23-1633.
Tenn. Code Ann. § 29-14-105 — TN Code / Title 29 / Chapter 14 / Section 29-14-105
Fiduciary powers and duties
Status: in_force

Any person interested as or through an executor, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, person adjudicated incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto to: (1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; (2) Direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or (3) Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. Acts 1923, ch. 29, § 4; Shan. Supp., § 4726a4; Code 1932, §8838; T.C.A. (orig. ed.), §23-1105; Acts 2011 , ch. 47, § 21.
Any person interested as or through an executor, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, person adjudicated incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto to:
(1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
(2) Direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
(3) Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Acts 1923, ch. 29, § 4; Shan. Supp., § 4726a4; Code 1932, §8838; T.C.A. (orig. ed.), §23-1105; Acts 2011 , ch. 47, § 21.
Tenn. Code Ann. § 29-26-102 — TN Code / Title 29 / Chapter 26 / Section 29-26-102
Permissible defendants in health care liability action - Determining statute of limitations
Status: in_force

(a) Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. A passive investor shall not be liable under this part. A health care liability action against any other individual or entity may be brought only pursuant to subsection (b). (b) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor, unless, after a hearing on a motion for leave to amend, the court or arbitrator determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that: (1) The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and (2) The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant. (c) When determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties. Added by 2015 Tenn. Acts, ch. 254, s 2, eff. 4/24/2015.
(a) Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. A passive investor shall not be liable under this part. A health care liability action against any other individual or entity may be brought only pursuant to subsection (b).
(b) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor, unless, after a hearing on a motion for leave to amend, the court or arbitrator determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that: (1) The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and (2) The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant.
(1) The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and
(2) The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant.
(c) When determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties.
Added by 2015 Tenn. Acts, ch. 254, s 2, eff. 4/24/2015.
Tenn. Code Ann. § 29-20-309 — TN Code / Title 29 / Chapter 20 / Section 29-20-309
Settlement of actions
Status: in_force

(a) An officer or body appointed by the governing body of any governmental entity may, subject to such regulations and procedures as may be prescribed by the governing body, compromise and settle any action for damages or relief sought hereunder. (b) If no such appointment has been made, the chief administrative officer of such governmental entity shall be deemed to have been appointed and to have such power. Acts 1973, ch. 345, § 18; T.C.A., § 23-3321.
(a) An officer or body appointed by the governing body of any governmental entity may, subject to such regulations and procedures as may be prescribed by the governing body, compromise and settle any action for damages or relief sought hereunder.
(b) If no such appointment has been made, the chief administrative officer of such governmental entity shall be deemed to have been appointed and to have such power.
Acts 1973, ch. 345, § 18; T.C.A., § 23-3321.
Tenn. Code Ann. § 29-17-601 — TN Code / Title 29 / Chapter 17 / Section 29-17-601
Coast and geodetic survey
Status: in_force

Any person employed under an act of congress of the United States, passed on August 6, 1947, and of the supplements thereto, or under the direction of congress, to provide charts and related information for the safe navigation of marine and air commerce and for other purposes, may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any other act which may be necessary to carry out the objects of such laws, and may erect any works, stations, buildings, and appendages requisite for that purpose, doing no unnecessary injury thereby. Acts 1877, ch. 24, § 1; Shan., § 1877; Code 1932, § 3142; modified; T.C.A. (orig. ed.), § 23-1511; T.C.A. § 29-17-501 ; Acts 2006, ch. 863, § 1.
Any person employed under an act of congress of the United States, passed on August 6, 1947, and of the supplements thereto, or under the direction of congress, to provide charts and related information for the safe navigation of marine and air commerce and for other purposes, may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any other act which may be necessary to carry out the objects of such laws, and may erect any works, stations, buildings, and appendages requisite for that purpose, doing no unnecessary injury thereby.
Acts 1877, ch. 24, § 1; Shan., § 1877; Code 1932, § 3142; modified; T.C.A. (orig. ed.), § 23-1511; T.C.A. § 29-17-501 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-34-404 — TN Code / Title 29 / Chapter 34 / Section 29-34-404
Duties of ice skaters - Compliance with signs or warnings by spectators
Status: in_force

(a) Skaters in an ice skating rink shall: (1) Comply with all posted signs and warnings that relate to the skater's behavior while participating in ice skating at the ice skating rink; (2) Obey all instructions or warnings given by the rink monitor, rink personnel or rink operator; (3) Maintain reasonable control over skate speed and direction at all times; (4) Be aware that there are other skaters and objects on the ice surface and take reasonable care to avoid collision with those skaters or objects; and (5) Be aware that ability and skill levels of ice skaters vary and each individual must take reasonable care to ice skate within the individual's personal abilities. (b) Ice skaters shall not act in a manner that may cause injury or damage to others or their property. (c) Spectators shall comply with each posted sign or warning that relates to the behavior of the spectator. Acts 2012 , ch. 983, § 1.
(a) Skaters in an ice skating rink shall: (1) Comply with all posted signs and warnings that relate to the skater's behavior while participating in ice skating at the ice skating rink; (2) Obey all instructions or warnings given by the rink monitor, rink personnel or rink operator; (3) Maintain reasonable control over skate speed and direction at all times; (4) Be aware that there are other skaters and objects on the ice surface and take reasonable care to avoid collision with those skaters or objects; and (5) Be aware that ability and skill levels of ice skaters vary and each individual must take reasonable care to ice skate within the individual's personal abilities.
(1) Comply with all posted signs and warnings that relate to the skater's behavior while participating in ice skating at the ice skating rink;
(2) Obey all instructions or warnings given by the rink monitor, rink personnel or rink operator;
(3) Maintain reasonable control over skate speed and direction at all times;
(4) Be aware that there are other skaters and objects on the ice surface and take reasonable care to avoid collision with those skaters or objects; and
(5) Be aware that ability and skill levels of ice skaters vary and each individual must take reasonable care to ice skate within the individual's personal abilities.
(b) Ice skaters shall not act in a manner that may cause injury or damage to others or their property.
(c) Spectators shall comply with each posted sign or warning that relates to the behavior of the spectator.
Acts 2012 , ch. 983, § 1.
Tenn. Code Ann. § 29-5-216 — TN Code / Title 29 / Chapter 5 / Section 29-5-216
Judgment roll - Docketing judgment
Status: in_force

(a) On entry of the judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extension of the time within which to make the award; (2) The award; (3) A copy of the order confirming, modifying or correcting the award; and (4) A copy of the judgment or decree. (b) The judgment or decree may be docketed as if rendered in an action. Acts 1977, ch. 159, § 1; T.C.A., § 23-540.
(a) On entry of the judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: (1) The agreement and each written extension of the time within which to make the award; (2) The award; (3) A copy of the order confirming, modifying or correcting the award; and (4) A copy of the judgment or decree.
(1) The agreement and each written extension of the time within which to make the award;
(2) The award;
(3) A copy of the order confirming, modifying or correcting the award; and
(4) A copy of the judgment or decree.
(b) The judgment or decree may be docketed as if rendered in an action.
Acts 1977, ch. 159, § 1; T.C.A., § 23-540.
Tenn. Code Ann. § 29-28-102 — TN Code / Title 29 / Chapter 28 / Section 29-28-102
Chapter definitions
Status: in_force

As used in this chapter unless the context otherwise requires: (1) "Anticipated life." The anticipated life of a product shall be determined by the expiration date placed on the product by the manufacturer when required by law but shall not commence until the date the product was first purchased for use or consumption; (2) "Defective condition" means a condition of a product that renders it unsafe for normal or anticipatable handling and consumption; (3) "Employer" means any person exercising legal supervisory control or guidance of users or consumers of products; (4) "Manufacturer" means the designer, fabricator, producer, compounder, processor or assembler of any product or its component parts; (5) "Product" means any tangible object or goods produced; (6) "Product liability action" for purposes of this chapter includes all actions brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging or labeling of any product. "Product liability action" includes, but is not limited to, all actions based upon the following theories: strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent; misrepresentation, concealment, or nondisclosure, whether negligent, or innocent; or under any other substantive legal theory in tort or contract whatsoever; (7) "Seller" includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale, or for use or consumption. "Seller" also includes a lessor or bailor engaged in the business of leasing or bailment of a product; and (8) "Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition. Acts 1978, ch. 703, § 2; T.C.A., § 23-3702; modified.
As used in this chapter unless the context otherwise requires:
(1) "Anticipated life." The anticipated life of a product shall be determined by the expiration date placed on the product by the manufacturer when required by law but shall not commence until the date the product was first purchased for use or consumption;
(2) "Defective condition" means a condition of a product that renders it unsafe for normal or anticipatable handling and consumption;
(3) "Employer" means any person exercising legal supervisory control or guidance of users or consumers of products;
(4) "Manufacturer" means the designer, fabricator, producer, compounder, processor or assembler of any product or its component parts;
(5) "Product" means any tangible object or goods produced;
(6) "Product liability action" for purposes of this chapter includes all actions brought for or on account of personal injury, death or property damage caused by or resulting from the manufacture, construction, design, formula, preparation, assembly, testing, service, warning, instruction, marketing, packaging or labeling of any product. "Product liability action" includes, but is not limited to, all actions based upon the following theories: strict liability in tort; negligence; breach of warranty, express or implied; breach of or failure to discharge a duty to warn or instruct, whether negligent, or innocent; misrepresentation, concealment, or nondisclosure, whether negligent, or innocent; or under any other substantive legal theory in tort or contract whatsoever;
(7) "Seller" includes a retailer, wholesaler, or distributor, and means any individual or entity engaged in the business of selling a product, whether such sale is for resale, or for use or consumption. "Seller" also includes a lessor or bailor engaged in the business of leasing or bailment of a product; and
(8) "Unreasonably dangerous" means that a product is dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics, or that the product because of its dangerous condition would not be put on the market by a reasonably prudent manufacturer or seller, assuming that the manufacturer or seller knew of its dangerous condition.
Acts 1978, ch. 703, § 2; T.C.A., § 23-3702; modified.
Tenn. Code Ann. § 29-10-104 — TN Code / Title 29 / Chapter 10 / Section 29-10-104
Civil action - Available remedies and damages
Status: in_force

An intended recipient alleging a violation of this chapter may bring an action in any circuit or chancery court. A court shall award litigation costs and fees, including reasonable attorneys' fees, to a plaintiff who prevails in an action brought pursuant to this section. In addition, the court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this chapter: (1) Actual damages; and (2) Punitive damages in an amount equal to three (3) times the actual damages. Acts 2014 , ch. 879, § 1.
An intended recipient alleging a violation of this chapter may bring an action in any circuit or chancery court. A court shall award litigation costs and fees, including reasonable attorneys' fees, to a plaintiff who prevails in an action brought pursuant to this section. In addition, the court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this chapter:
(1) Actual damages; and
(2) Punitive damages in an amount equal to three (3) times the actual damages.
Acts 2014 , ch. 879, § 1.
Tenn. Code Ann. § 29-35-105 — TN Code / Title 29 / Chapter 35 / Section 29-35-105
Judgment for claimant to office
Status: in_force

If judgment is rendered in favor of such claimant, the court may order the defendant to deliver to the claimant, upon the claimant's qualifying as required by law, all books and papers belonging to the office in defendant's custody, or under defendant's control, and such claimant may thereupon proceed to exercise the functions of the office. Code 1858, § 3420; Shan., § 5176; Code 1932, § 9347; T.C.A. (orig. ed.), § 23-2805.
If judgment is rendered in favor of such claimant, the court may order the defendant to deliver to the claimant, upon the claimant's qualifying as required by law, all books and papers belonging to the office in defendant's custody, or under defendant's control, and such claimant may thereupon proceed to exercise the functions of the office.
Code 1858, § 3420; Shan., § 5176; Code 1932, § 9347; T.C.A. (orig. ed.), § 23-2805.
Tenn. Code Ann. § 29-13-302 — TN Code / Title 29 / Chapter 13 / Section 29-13-302
Establishment of trust
Status: in_force

The commission or the division may, in such manner as it deems appropriate, turn over criminal injury compensation awards made to a minor to the juvenile court clerk to be placed in an interest-bearing account for the benefit of the minor. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor. Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
The commission or the division may, in such manner as it deems appropriate, turn over criminal injury compensation awards made to a minor to the juvenile court clerk to be placed in an interest-bearing account for the benefit of the minor. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
Tenn. Code Ann. § 29-5-310 — TN Code / Title 29 / Chapter 5 / Section 29-5-310
Initiation of arbitration
Status: in_force

(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought. (b) Unless a person objects for lack or insufficiency of notice under § 29-5-316(c) no later than the beginning of the arbitration hearing, the person, by appearing at the hearing, waives an objection to lack of or insufficiency of notice. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
(b) Unless a person objects for lack or insufficiency of notice under § 29-5-316(c) no later than the beginning of the arbitration hearing, the person, by appearing at the hearing, waives an objection to lack of or insufficiency of notice.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-34-707 — TN Code / Title 29 / Chapter 34 / Section 29-34-707
Limitations period
Status: in_force

(a) With respect to an asbestos action not barred by limitations as of July 1, 2016, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date: (1) The exposed person received a medical diagnosis of an asbestos-related impairment; (2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment; or (3) The date of death of the exposed person having an asbestos-related impairment. (b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment that was otherwise time-barred on July 1, 2016. (c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos action entered into prior to July 1, 2016. (d) An asbestos action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer. Notwithstanding any law of this state to the contrary, no damages shall be awarded for fear or increased risk of future disease in an asbestos action. Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
(a) With respect to an asbestos action not barred by limitations as of July 1, 2016, an exposed person's cause of action shall not accrue, nor shall the running of limitations commence, prior to the earlier of the date: (1) The exposed person received a medical diagnosis of an asbestos-related impairment; (2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment; or (3) The date of death of the exposed person having an asbestos-related impairment.
(1) The exposed person received a medical diagnosis of an asbestos-related impairment;
(2) The exposed person discovered facts that would have led a reasonable person to obtain a medical diagnosis with respect to the existence of an asbestos-related impairment; or
(3) The date of death of the exposed person having an asbestos-related impairment.
(b) Nothing in this section shall be construed to revive or extend limitations with respect to any claim for asbestos-related impairment that was otherwise time-barred on July 1, 2016.
(c) Nothing in this section shall be construed so as to adversely affect, impair, limit, modify, or nullify any settlement or other agreements with respect to an asbestos action entered into prior to July 1, 2016.
(d) An asbestos action arising out of a nonmalignant condition shall be a distinct cause of action from an action for an asbestos-related cancer. Notwithstanding any law of this state to the contrary, no damages shall be awarded for fear or increased risk of future disease in an asbestos action.
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-26-207 — TN Code / Title 29 / Chapter 26 / Section 29-26-207
Evidence of sexual conduct
Status: in_force

In an action for sexual misconduct, the victim's sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim's sexual history which is relevant to a determination of the timing of the sexual relationship between the parties is discoverable. Acts 1995, ch. 463, § 7.
In an action for sexual misconduct, the victim's sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim's sexual history which is relevant to a determination of the timing of the sexual relationship between the parties is discoverable.
Acts 1995, ch. 463, § 7.
Tenn. Code Ann. § 29-34-204 — TN Code / Title 29 / Chapter 34 / Section 29-34-204
Charitable fundraisers - Immunity from suit
Status: in_force

If any philanthropic individual; cooperative, corporation, club, association or organization; or director, trustee or member of the governing body of any such cooperative, corporation, club, association or organization; supplies only financial sponsorship or support for another entity's charitable fundraising event and is not, in any way, involved in the management, organization, planning or execution of such event, and if the entity managing, organizing, planning or executing such charitable fundraising event provides liability insurance in an amount not less than one million dollars ($1,000,000) for any single occurrence and three million dollars ($3,000,000) for all occurrences of personal injury or property damage arising from such event, then such individual, cooperative, corporation, club, association, organization, director, trustee or member shall not be liable for any personal injury or damage to property arising from the other entity's charitable fundraising event. However, if such financial sponsorship or support constitutes willful, wanton or gross negligence, then such immunity from suit shall not attach. Acts 2002, ch. 692, § 1.
If any philanthropic individual; cooperative, corporation, club, association or organization; or director, trustee or member of the governing body of any such cooperative, corporation, club, association or organization; supplies only financial sponsorship or support for another entity's charitable fundraising event and is not, in any way, involved in the management, organization, planning or execution of such event, and if the entity managing, organizing, planning or executing such charitable fundraising event provides liability insurance in an amount not less than one million dollars ($1,000,000) for any single occurrence and three million dollars ($3,000,000) for all occurrences of personal injury or property damage arising from such event, then such individual, cooperative, corporation, club, association, organization, director, trustee or member shall not be liable for any personal injury or damage to property arising from the other entity's charitable fundraising event. However, if such financial sponsorship or support constitutes willful, wanton or gross negligence, then such immunity from suit shall not attach.
Acts 2002, ch. 692, § 1.
Tenn. Code Ann. § 29-18-111 — TN Code / Title 29 / Chapter 18 / Section 29-18-111
Plaintiff's bond
Status: in_force

The party complaining is required, before the issuance of the writ, to give bond, with good security, to pay all costs and damages which shall accrue to the defendant for the wrongful prosecution of the suit. Code 1858, § 3348 (deriv. Acts 1822, ch. 35, § 1); Shan., § 5097; Code 1932, § 9251; T.C.A. (orig. ed.), § 23-1611.
The party complaining is required, before the issuance of the writ, to give bond, with good security, to pay all costs and damages which shall accrue to the defendant for the wrongful prosecution of the suit.
Code 1858, § 3348 (deriv. Acts 1822, ch. 35, § 1); Shan., § 5097; Code 1932, § 9251; T.C.A. (orig. ed.), § 23-1611.
Tenn. Code Ann. § 29-34-405 — TN Code / Title 29 / Chapter 34 / Section 29-34-405
No limits on liability between skaters and spectators or on operators who engage in gross negligence or willful and wanton conduct
Status: in_force

(a) This part shall not limit the liability of one (1) ice skater or spectator to another ice skater or spectator. (b) This part shall not apply where an operator engages in behavior that amounts to gross negligence, or willful or wanton conduct. Acts 2012, ch. 983, § 1.
(a) This part shall not limit the liability of one (1) ice skater or spectator to another ice skater or spectator.
(b) This part shall not apply where an operator engages in behavior that amounts to gross negligence, or willful or wanton conduct.
Acts 2012, ch. 983, § 1.
Tenn. Code Ann. § 29-20-109 — TN Code / Title 29 / Chapter 20 / Section 29-20-109
Immunity of local education agency employees from asbestos-related liability
Status: in_force

Local education agency employees, including board members, superintendents, teachers and non-professional staff members, shall be absolutely immune from liability for acts and omissions within the scope of the employee's office arising from the detection, management or removal of asbestos from buildings and other structures owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools; provided, that such immunity shall not apply if the acts or omissions of the employee were grossly negligent, willful, malicious, criminal or were done for personal gain. Acts 1986, ch. 772, § 1.
Local education agency employees, including board members, superintendents, teachers and non-professional staff members, shall be absolutely immune from liability for acts and omissions within the scope of the employee's office arising from the detection, management or removal of asbestos from buildings and other structures owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools; provided, that such immunity shall not apply if the acts or omissions of the employee were grossly negligent, willful, malicious, criminal or were done for personal gain.
Acts 1986, ch. 772, § 1.
Tenn. Code Ann. § 29-18-112 — TN Code / Title 29 / Chapter 18 / Section 29-18-112
Form of warrant
Status: in_force

The warrant may be issued by a single general sessions judge in the following form: State of Tennessee, To the sheriff or any constable of such county: ____________________ County. Whereas, complaint is made to me by A B, of a certain forcible and unlawful entry and detainer, made by C D, into and of a certain tract or lot of land, situated in the county aforementioned, and bounded [or known and described] as follows [insert boundaries and description], which land A B alleges A B is entitled to the possession of, and C D unlawfully detains from A B: We, therefore, command you to summon C D to appear before some judge of the court of general sessions, in and for such county, to answer the above complaint. This ____________________ day of ____________________, 20____________________. E F, G.S.J. Code 1858, § 3349 (deriv. Acts 1841-1842, ch. 186, § 1); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5098; Code 1932, §9252; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1612.
The warrant may be issued by a single general sessions judge in the following form:
State of Tennessee,
To the sheriff or any constable of such county:
____________________ County.
Whereas, complaint is made to me by A B, of a certain forcible and unlawful entry and detainer, made by C D, into and of a certain tract or lot of land, situated in the county aforementioned, and bounded [or known and described] as follows [insert boundaries and description], which land A B alleges A B is entitled to the possession of, and C D unlawfully detains from A B: We, therefore, command you to summon C D to appear before some judge of the court of general sessions, in and for such county, to answer the above complaint.
This ____________________ day of ____________________, 20____________________. E F, G.S.J.
Code 1858, § 3349 (deriv. Acts 1841-1842, ch. 186, § 1); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5098; Code 1932, §9252; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1612.
Tenn. Code Ann. § 29-13-116 — TN Code / Title 29 / Chapter 13 / Section 29-13-116
Use of state and federal funds - Expenses - Grants
Status: in_force

(a) Funds available from the criminal injuries compensation fund, created under § 40-24-107 , shall be expended to effectuate this chapter, including all expenses to administer this chapter. (b) Use of available federal funds shall be specifically permitted to fund this program. In the event federal funds are made available to the state, the division of claims and risk management is hereby authorized to comply with any additional requirements imposed by the federal government so long as compliance with such provisions is not prohibited by, or contrary to, this chapter. (c) The treasurer is authorized to award an annual grant to the district attorneys general conference for domestic violence and drug enforcement program operations in an amount not to exceed that specified in the general appropriations act each fiscal year. The treasurer is also authorized to provide an annual sponsorship for a remembrance event for homicide victims in an amount not to exceed eight hundred fifty dollars ($850). (d) In the event that the moneys in the criminal injuries compensation fund are inadequate to support subsections (a)-(c), there is hereby appropriated a sum sufficient to support those expenditures. Amended by 2014 Tenn. Acts, ch. 1004,s 1, eff. 5/22/2014. Acts 1976, ch. 736, § 16(e); 1979, ch. 319, § 2; T.C.A., §§ 23-3516, 23-35-116; Acts 1985, ch. 278, § 8; 1992, ch. 761, § 4; 2000, ch. 983, § 2; 2002, ch. 869, § 5; 2003 , ch. 235, § 1; 2004, ch. 693, §§ 1, 2; 2008 , ch. 1077, § 1.
(a) Funds available from the criminal injuries compensation fund, created under § 40-24-107 , shall be expended to effectuate this chapter, including all expenses to administer this chapter.
(b) Use of available federal funds shall be specifically permitted to fund this program. In the event federal funds are made available to the state, the division of claims and risk management is hereby authorized to comply with any additional requirements imposed by the federal government so long as compliance with such provisions is not prohibited by, or contrary to, this chapter.
(c) The treasurer is authorized to award an annual grant to the district attorneys general conference for domestic violence and drug enforcement program operations in an amount not to exceed that specified in the general appropriations act each fiscal year. The treasurer is also authorized to provide an annual sponsorship for a remembrance event for homicide victims in an amount not to exceed eight hundred fifty dollars ($850).
(d) In the event that the moneys in the criminal injuries compensation fund are inadequate to support subsections (a)-(c), there is hereby appropriated a sum sufficient to support those expenditures.
Amended by 2014 Tenn. Acts, ch. 1004,s 1, eff. 5/22/2014.
Acts 1976, ch. 736, § 16(e); 1979, ch. 319, § 2; T.C.A., §§ 23-3516, 23-35-116; Acts 1985, ch. 278, § 8; 1992, ch. 761, § 4; 2000, ch. 983, § 2; 2002, ch. 869, § 5; 2003 , ch. 235, § 1; 2004, ch. 693, §§ 1, 2; 2008 , ch. 1077, § 1.
Tenn. Code Ann. § 29-40-115 — TN Code / Title 29 / Chapter 40 / Section 29-40-115
Engagement and compensation of professional
Status: in_force

(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: (1) The identity and qualifications of the professional; (2) The scope and nature of the proposed engagement; (3) Any potential conflict of interest; and (4) The proposed compensation. (b) (1) A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor, or a party. (2) This chapter does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law. (c) (1) A receiver or professional engaged under subsection (a) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses. (2) The receiver shall pay the amount approved by the court. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) With court approval, a receiver may engage an attorney, accountant, appraiser, auctioneer, broker, or other professional to assist the receiver in performing a duty or exercising a power of the receiver. The receiver shall disclose to the court: (1) The identity and qualifications of the professional; (2) The scope and nature of the proposed engagement; (3) Any potential conflict of interest; and (4) The proposed compensation.
(1) The identity and qualifications of the professional;
(2) The scope and nature of the proposed engagement;
(3) Any potential conflict of interest; and
(4) The proposed compensation.
(b) (1) A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor, or a party. (2) This chapter does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law.
(1) A person is not disqualified from engagement under this section solely because of the person's engagement by, representation of, or other relationship with the receiver, a creditor, or a party.
(2) This chapter does not prevent the receiver from serving in the receivership as an attorney, accountant, auctioneer, or broker when authorized by law.
(c) (1) A receiver or professional engaged under subsection (a) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses. (2) The receiver shall pay the amount approved by the court.
(1) A receiver or professional engaged under subsection (a) shall file with the court an itemized statement of the time spent, work performed, and billing rate of each person that performed the work and an itemized list of expenses.
(2) The receiver shall pay the amount approved by the court.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-7-104 — TN Code / Title 29 / Chapter 7 / Section 29-7-104
Notice to retain possession
Status: in_force

The notice should also require the defendant not to pay any debt due by the defendant, or thereafter to become due, and to retain possession of all property of the defendant, then or thereafter in defendant's custody or under defendant's control, to answer the garnishment. Code 1858, § 3480; Shan., § 5240; Code 1932, § 9431; T.C.A. (orig. ed.), § 23-704.
The notice should also require the defendant not to pay any debt due by the defendant, or thereafter to become due, and to retain possession of all property of the defendant, then or thereafter in defendant's custody or under defendant's control, to answer the garnishment.
Code 1858, § 3480; Shan., § 5240; Code 1932, § 9431; T.C.A. (orig. ed.), § 23-704.
Tenn. Code Ann. § 29-34-609 — TN Code / Title 29 / Chapter 34 / Section 29-34-609
Applicability of part
Status: in_force

This part shall apply to all asbestos actions that are filed on or after July 1, 2016. Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
This part shall apply to all asbestos actions that are filed on or after July 1, 2016.
Added by 2016 Tenn. Acts, ch. 635,s 1, eff. 7/1/2016.
Tenn. Code Ann. § 29-21-130 — TN Code / Title 29 / Chapter 21 / Section 29-21-130
Refusal of officer to deliver copy of process
Status: in_force

Any officer refusing to deliver a copy of any legal process by which the officer retains a party in custody to a person who demands such copy, and tenders the fees therefor, forfeits two hundred dollars ($200) to the person so detained. Code 1858, § 3759; Shan., § 5539; Code 1932, § 9709; T.C.A. (orig. ed.), § 23-1839.
Any officer refusing to deliver a copy of any legal process by which the officer retains a party in custody to a person who demands such copy, and tenders the fees therefor, forfeits two hundred dollars ($200) to the person so detained.
Code 1858, § 3759; Shan., § 5539; Code 1932, § 9709; T.C.A. (orig. ed.), § 23-1839.
Tenn. Code Ann. § 29-35-106 — TN Code / Title 29 / Chapter 35 / Section 29-35-106
Damages for usurpation of office
Status: in_force

Such claimant, on claimant's recovery of the office, may also, at any time within one (1) year thereafter, bring suit against the defendant, and recover the damages claimant has sustained by reason of the act of the defendant. Code 1858, § 3421; Shan., § 5177; Code 1932, § 9348; T.C.A. (orig. ed.), § 23-2806.
Such claimant, on claimant's recovery of the office, may also, at any time within one (1) year thereafter, bring suit against the defendant, and recover the damages claimant has sustained by reason of the act of the defendant.
Code 1858, § 3421; Shan., § 5177; Code 1932, § 9348; T.C.A. (orig. ed.), § 23-2806.
Tenn. Code Ann. § 29-5-318 — TN Code / Title 29 / Chapter 5 / Section 29-5-318
Witnesses - Subpoenas - Depositions - Discovery
Status: in_force

(a) An arbitrator may issue a subpoena for the attendance of a witness, and for the production of records and other evidence at a hearing, and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon a motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action. (b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to, or a witness in, an arbitration proceeding, an arbitrator may permit a deposition of a witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for, or is unable to attend, a hearing. The arbitrator shall determine the conditions under which the deposition is taken. (c) An arbitrator may permit discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective. (d) If an arbitrator permits discovery under subsection (c), then the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state. (e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state. (f) All laws compelling a person under subpoena to testify, and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness, apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state. (g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon a motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) An arbitrator may issue a subpoena for the attendance of a witness, and for the production of records and other evidence at a hearing, and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon a motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
(b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to, or a witness in, an arbitration proceeding, an arbitrator may permit a deposition of a witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for, or is unable to attend, a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
(c) An arbitrator may permit discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.
(d) If an arbitrator permits discovery under subsection (c), then the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.
(e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.
(f) All laws compelling a person under subpoena to testify, and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness, apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
(g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon a motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-34-403 — TN Code / Title 29 / Chapter 34 / Section 29-34-403
Duties of operators
Status: in_force

(a) An operator shall: (1) Provide at least one (1) individual to act as a rink monitor for approximately every two hundred (200) skaters at any given time that ice skating is open to the public; (2) Conduct periodic inspections of the ice, skating equipment and all other equipment in a manner that will ensure a safe operating condition; (3) Comply with all guidelines for ice skating rinks endorsed or recommended by the Ice Skating Institute; (4) Post duties and expectations of skaters and spectators as prescribed by this chapter in conspicuous places; (5) Maintain liability insurance coverage of at least one million dollars ($1,000,000) per single limit for personal injury death or property damage; and (6) Maintain accurate records and daily logs for the ice skating facility. (b) The rink monitor shall: (1) Wear appropriate attire as to identify the individual as a rink monitor; (2) Direct and supervise skaters and spectators; (3) Watch for and remove in a timely manner any foreign objects that may have fallen off the ice surface; and (4) Inspect and maintain, or request maintenance of, the ice surface, floors, railings, boards, and walls surrounding the surface in a manner that will ensure the good condition of those areas. Acts 2012, ch. 983, § 1.
(a) An operator shall: (1) Provide at least one (1) individual to act as a rink monitor for approximately every two hundred (200) skaters at any given time that ice skating is open to the public; (2) Conduct periodic inspections of the ice, skating equipment and all other equipment in a manner that will ensure a safe operating condition; (3) Comply with all guidelines for ice skating rinks endorsed or recommended by the Ice Skating Institute; (4) Post duties and expectations of skaters and spectators as prescribed by this chapter in conspicuous places; (5) Maintain liability insurance coverage of at least one million dollars ($1,000,000) per single limit for personal injury death or property damage; and (6) Maintain accurate records and daily logs for the ice skating facility.
(1) Provide at least one (1) individual to act as a rink monitor for approximately every two hundred (200) skaters at any given time that ice skating is open to the public;
(2) Conduct periodic inspections of the ice, skating equipment and all other equipment in a manner that will ensure a safe operating condition;
(3) Comply with all guidelines for ice skating rinks endorsed or recommended by the Ice Skating Institute;
(4) Post duties and expectations of skaters and spectators as prescribed by this chapter in conspicuous places;
(5) Maintain liability insurance coverage of at least one million dollars ($1,000,000) per single limit for personal injury death or property damage; and
(6) Maintain accurate records and daily logs for the ice skating facility.
(b) The rink monitor shall: (1) Wear appropriate attire as to identify the individual as a rink monitor; (2) Direct and supervise skaters and spectators; (3) Watch for and remove in a timely manner any foreign objects that may have fallen off the ice surface; and (4) Inspect and maintain, or request maintenance of, the ice surface, floors, railings, boards, and walls surrounding the surface in a manner that will ensure the good condition of those areas.
(1) Wear appropriate attire as to identify the individual as a rink monitor;
(2) Direct and supervise skaters and spectators;
(3) Watch for and remove in a timely manner any foreign objects that may have fallen off the ice surface; and
(4) Inspect and maintain, or request maintenance of, the ice surface, floors, railings, boards, and walls surrounding the surface in a manner that will ensure the good condition of those areas.
Acts 2012, ch. 983, § 1.
Tenn. Code Ann. § 29-21-107 — TN Code / Title 29 / Chapter 21 / Section 29-21-107
Petition - Affidavit
Status: in_force

(a) Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner's behalf, and verified by affidavit. (b) The petition shall state: (1) That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom and place where restrained, mentioning the name of such person, if known, and, if unknown, describing the person with as much particularity as practicable; (2) The cause or pretense of such restraint according to the best information of the applicant, and if it be by virtue of any legal process, a copy thereof shall be annexed, or a satisfactory reason given for its absence; (3) That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best of the applicant's knowledge and belief; and (4) That it is first application for the writ, or, if a previous application has been made, a copy of the petition and proceedings thereon shall be produced, or satisfactory reasons be given for the failure so to do. Code 1858, §§ 3722, 3725; Shan., §§ 5502, 5505; Code 1932, §§ 9673, 9676; T.C.A. (orig. ed.), §§ 23-1806, 23-1807.
(a) Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner's behalf, and verified by affidavit.
(b) The petition shall state: (1) That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom and place where restrained, mentioning the name of such person, if known, and, if unknown, describing the person with as much particularity as practicable; (2) The cause or pretense of such restraint according to the best information of the applicant, and if it be by virtue of any legal process, a copy thereof shall be annexed, or a satisfactory reason given for its absence; (3) That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best of the applicant's knowledge and belief; and (4) That it is first application for the writ, or, if a previous application has been made, a copy of the petition and proceedings thereon shall be produced, or satisfactory reasons be given for the failure so to do.
(1) That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom and place where restrained, mentioning the name of such person, if known, and, if unknown, describing the person with as much particularity as practicable;
(2) The cause or pretense of such restraint according to the best information of the applicant, and if it be by virtue of any legal process, a copy thereof shall be annexed, or a satisfactory reason given for its absence;
(3) That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best of the applicant's knowledge and belief; and
(4) That it is first application for the writ, or, if a previous application has been made, a copy of the petition and proceedings thereon shall be produced, or satisfactory reasons be given for the failure so to do.
Code 1858, §§ 3722, 3725; Shan., §§ 5502, 5505; Code 1932, §§ 9673, 9676; T.C.A. (orig. ed.), §§ 23-1806, 23-1807.
Tenn. Code Ann. § 29-40-114 — TN Code / Title 29 / Chapter 40 / Section 29-40-114
Stay - Injunction
Status: in_force

(a) Except as otherwise provided in subsection (d) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; and (2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order. (b) Except as otherwise provided in subsection (d), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership. (c) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause. (d) An order under subsection (a) or (b) does not operate as a stay or injunction of: (1) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver; (2) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property; (3) Commencement or continuation of a criminal proceeding; (4) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce the governmental unit's police or regulatory power; or (5) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability. (e) The court may void an act that violates a stay or injunction under this section. (f) If a person knowingly violates a stay or injunction under this section, the court may: (1) Award actual damages caused by the violation, reasonable attorney's fees, and costs; and (2) Sanction the violation as civil contempt. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Except as otherwise provided in subsection (d) or ordered by the court, an order appointing a receiver operates as a stay, applicable to all persons, of an act, action, or proceeding: (1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; and (2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.
(1) To obtain possession of, exercise control over, or enforce a judgment against receivership property; and
(2) To enforce a lien against receivership property to the extent the lien secures a claim against the owner that arose before entry of the order.
(b) Except as otherwise provided in subsection (d), the court may enjoin an act, action, or proceeding against or relating to receivership property if the injunction is necessary to protect the property or facilitate administration of the receivership.
(c) A person whose act, action, or proceeding is stayed or enjoined under this section may apply to the court for relief from the stay or injunction for cause.
(d) An order under subsection (a) or (b) does not operate as a stay or injunction of: (1) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver; (2) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property; (3) Commencement or continuation of a criminal proceeding; (4) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce the governmental unit's police or regulatory power; or (5) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
(1) An act, action, or proceeding to foreclose or otherwise enforce a mortgage by the person seeking appointment of the receiver;
(2) An act, action, or proceeding to perfect, or maintain or continue the perfection of, an interest in receivership property;
(3) Commencement or continuation of a criminal proceeding;
(4) Commencement or continuation of an action or proceeding, or enforcement of a judgment other than a money judgment in an action or proceeding, by a governmental unit to enforce the governmental unit's police or regulatory power; or
(5) Establishment by a governmental unit of a tax liability against the owner or receivership property or an appeal of the liability.
(e) The court may void an act that violates a stay or injunction under this section.
(f) If a person knowingly violates a stay or injunction under this section, the court may: (1) Award actual damages caused by the violation, reasonable attorney's fees, and costs; and (2) Sanction the violation as civil contempt.
(1) Award actual damages caused by the violation, reasonable attorney's fees, and costs; and
(2) Sanction the violation as civil contempt.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-30-205 — TN Code / Title 29 / Chapter 30 / Section 29-30-205
Clerk's liability for insufficient bond
Status: in_force

The clerk shall not be exempt, by reason of such orders made by the court, from liability for any damages proceeding from failure to take good and sufficient security. Code 1858, § 3393 (deriv. Acts 1845-1846, ch. 65, § 4); Shan., § 5148; Code 1932, § 9303; T.C.A. (orig. ed.), § 23-2314.
The clerk shall not be exempt, by reason of such orders made by the court, from liability for any damages proceeding from failure to take good and sufficient security.
Code 1858, § 3393 (deriv. Acts 1845-1846, ch. 65, § 4); Shan., § 5148; Code 1932, § 9303; T.C.A. (orig. ed.), § 23-2314.
Tenn. Code Ann. § 29-13-408 — TN Code / Title 29 / Chapter 13 / Section 29-13-408
Use of funds for legal representation
Status: in_force

Upon a showing by the defendant to the attorney general and reporter or the court in which the defendant's case on appeal is pending, that legal representation would not be otherwise affordable, the defendant shall be entitled to use funds from the escrow account to obtain legal representation at any stage of the criminal proceedings, including the appeals process. The defendant's use of such funds shall not exceed twenty percent (20%) of the total amount of the funds paid into the escrow account. Acts 1994, ch. 1003, § 8.
Upon a showing by the defendant to the attorney general and reporter or the court in which the defendant's case on appeal is pending, that legal representation would not be otherwise affordable, the defendant shall be entitled to use funds from the escrow account to obtain legal representation at any stage of the criminal proceedings, including the appeals process. The defendant's use of such funds shall not exceed twenty percent (20%) of the total amount of the funds paid into the escrow account.
Acts 1994, ch. 1003, § 8.
Tenn. Code Ann. § 29-34-501 — TN Code / Title 29 / Chapter 34 / Section 29-34-501
Short title
Status: in_force

This part shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act." Added by 2013 Tenn. Acts, ch. 246,s 2, eff. 7/1/2013.
This part shall be known and may be cited as the "Successor Corporation Asbestos-Related Liability Fairness Act."
Added by 2013 Tenn. Acts, ch. 246,s 2, eff. 7/1/2013.
Tenn. Code Ann. § 29-15-112 — TN Code / Title 29 / Chapter 15 / Section 29-15-112
General verdict for plaintiff
Status: in_force

A general verdict in favor of the plaintiff, without such specifications, entitles the plaintiff to the quantity of interest, or estate, and the premises, as set forth and described in the declaration. Code 1858, § 3249; Shan., § 4991; Code 1932, § 9139; T.C.A. (orig. ed.), § 23-1318.
A general verdict in favor of the plaintiff, without such specifications, entitles the plaintiff to the quantity of interest, or estate, and the premises, as set forth and described in the declaration.
Code 1858, § 3249; Shan., § 4991; Code 1932, § 9139; T.C.A. (orig. ed.), § 23-1318.
Tenn. Code Ann. § 29-11-104 — TN Code / Title 29 / Chapter 11 / Section 29-11-104
Enforcement of contribution - Procedure - Limitation
Status: in_force

(a) Whether or not judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action in the circuit or chancery courts to be tried according to the forms of chancery. (b) Where a judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action; provided that, any issue as to indemnity may be determined at the hearing of such motion. (c) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within one (1) year after satisfaction of the judgment. (d) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor's right of contribution is barred unless the tortfeasor has either: (1) Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against the tortfeasor and has commenced tortfeasor's action for contribution within one (1) year after payment; or (2) Agreed while action is pending against the tortfeasor to discharge the common liability and has within one (1) year after the agreement paid the liability and commenced tortfeasor's action for contribution within one (1) year of payment. (e) The recovery of a judgment for an injury or wrongful death against one (1) tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution. (f) The judgment of a court in determining the liability of the several defendants to a claimant for an injury or wrongful death after trial on the merits shall be binding among such defendants in determining their right to contribution or indemnity, except where a claimant commenced an action for injury or wrongful death prior to April 3, 1968. Acts 1968, ch. 575, § 4; T.C.A., § 23-3104.
(a) Whether or not judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action in the circuit or chancery courts to be tried according to the forms of chancery.
(b) Where a judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action; provided that, any issue as to indemnity may be determined at the hearing of such motion.
(c) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within one (1) year after satisfaction of the judgment.
(d) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor's right of contribution is barred unless the tortfeasor has either: (1) Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against the tortfeasor and has commenced tortfeasor's action for contribution within one (1) year after payment; or (2) Agreed while action is pending against the tortfeasor to discharge the common liability and has within one (1) year after the agreement paid the liability and commenced tortfeasor's action for contribution within one (1) year of payment.
(1) Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against the tortfeasor and has commenced tortfeasor's action for contribution within one (1) year after payment; or
(2) Agreed while action is pending against the tortfeasor to discharge the common liability and has within one (1) year after the agreement paid the liability and commenced tortfeasor's action for contribution within one (1) year of payment.
(e) The recovery of a judgment for an injury or wrongful death against one (1) tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
(f) The judgment of a court in determining the liability of the several defendants to a claimant for an injury or wrongful death after trial on the merits shall be binding among such defendants in determining their right to contribution or indemnity, except where a claimant commenced an action for injury or wrongful death prior to April 3, 1968.
Acts 1968, ch. 575, § 4; T.C.A., § 23-3104.
Tenn. Code Ann. § 29-18-115 — TN Code / Title 29 / Chapter 18 / Section 29-18-115
Method of serving summons
Status: in_force

(a) (1) In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises; and service of process upon such party in possession shall be good and sufficient to enable the landlord to regain possession of such landlord's property. In the event the summons cannot be served upon any adult person found in possession of the premises, personal service of process on the defendant is dispensed with in the following cases: (A) When the defendant is a nonresident of this state; (B) When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found, so as to be served with process, and there is just ground to believe that the defendant has gone beyond the limits of the state; (C) When the summons has been returned "not to be found in my county"; (D) When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry; (E) When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry; or (F) When a domestic corporation has ceased to do business and has no known officers, directors, trustee, or other legal representatives, on whom personal service may be had. (2) In those cases specified in subdivision (a)(1), where personal service of process on the defendant is dispensed with, the proceeding shall be governed by §§ 21-1-203 - 21-1-205, and in addition thereto, the plaintiff shall post or cause to be posted on the front door or other front portion of the premises a copy of the publication notice at least fifteen (15) days prior to the date specified therein for the defendant to appear and make a defense. (3) In addition to the methods set out in subdivisions (a)(1) and (2), in commencing an action under this chapter, summons may be served upon a contractually named party, and service of process upon such party shall be good and sufficient to enable the landlord to regain possession of the landlord's property. (b) In commencing an action under this chapter, service of process may be made by the plaintiff, the plaintiff's attorney, or the plaintiff's agent, in lieu of subsection (a), by lodging the original summons and a copy certified by the clerk with the sheriff or constable of the county in which suit is brought, who shall promptly send postage prepaid a certified copy by certified return receipt mail to the individual as follows: (1) In the case of an individual defendant, to the party named; (2) In the case of a domestic corporation or a foreign corporation doing business in this state, to an officer or managing agent thereof, or to the chief agent in the county where the action is brought or to any other agent authorized by appointment or by law to receive service on behalf of the corporation; or (3) In the case of a partnership or an unincorporated association which is a named defendant under a common name, to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association. (c) In any case in which such warrant or process is returned undelivered for any reason whatsoever, service of process shall then be made as otherwise provided by law. (d) (1) The original process, endorsed as indicated below, an affidavit of the appropriate sheriff or constable setting forth the sheriff or constable's compliance with the requirements of the preceding provisions, and the return receipt signed by the defendant shall be attached together and sent to and filed by the clerk of the court of general sessions. There shall be endorsed on the original warrant by the sheriff or constable over the sheriff or constable's signature the date of the sheriff or constable's mailing the certified copy to the defendant; thereupon service of the defendant shall be consummated. An act of a deputy of the sheriff in the sheriff's behalf hereunder shall be deemed the equivalent of the act of the latter. (2) When service of process by mail is made upon one (1) or more individual defendants, service of process shall not be complete as to any individual unless a return receipt, signed or acknowledged on its face by the individual personally, is returned to the deputy sheriff or constable. (e) (1) In addition to the methods set out in this section, service of process for an action commenced under this chapter shall be good and sufficient to enable the landlord to regain possession of such landlord's property if a sheriff, sheriff's deputy, constable, or private process server personally serves a copy of the warrant or summons upon any one (1) named defendant who has a contractual or possessory property right in the subject premises. (2) If, after attempting personal service of process on three (3) different dates and documenting such attempts on the face of the warrant, the sheriff, sheriff's deputy, constable, or private process server is unable to serve any such one (1) named defendant personally, service of process for determining the right of possession of the subject premises as to all who may have a contractual or possessory property right therein may be had by the sheriff, sheriff's deputy, constable, or private process server taking the following actions at least six (6) days prior to the date specified therein for the defendant or defendants to appear and make a defense: (A) Posting a copy of the warrant or summons on the door of the premises; (B) Sending by United States postal service first class mail a copy of the warrant or summons to the so named defendant or defendants at the address of the subject premises or the defendants' last known address, if any; and (C) Making an entry of this action on the face of the warrant or summons filed in the action. (3) Subdivision (e)(2) shall apply only to service of process to regain possession of real property, and shall not apply to service of process to recover monetary judgment. Amended by 2019 Tenn. Acts, ch. 160, s 1, eff. 4/18/2019. Amended by 2018 Tenn. Acts, ch. 670, Secs.s 1, s 2eff. 4/12/2018. Amended by 2015 Tenn. Acts, ch. 160, s 1, Sec.s 2, Secs.s 3, s 4eff. 4/16/2015. Acts 1869-1870, ch. 64, § 6; Shan., § 5127; Code 1932, § 9282; Acts 1945, ch. 79, § 1; C. Supp. 1950, § 9282; Acts 1979, ch. 420, §1; 1980, ch. 798, § 1; T.C.A. (orig. ed.), §23-1615; Acts 1997 , ch. 380, §1; 2010 , ch. 827, § 1.
(a) (1) In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises; and service of process upon such party in possession shall be good and sufficient to enable the landlord to regain possession of such landlord's property. In the event the summons cannot be served upon any adult person found in possession of the premises, personal service of process on the defendant is dispensed with in the following cases: (A) When the defendant is a nonresident of this state; (B) When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found, so as to be served with process, and there is just ground to believe that the defendant has gone beyond the limits of the state; (C) When the summons has been returned "not to be found in my county"; (D) When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry; (E) When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry; or (F) When a domestic corporation has ceased to do business and has no known officers, directors, trustee, or other legal representatives, on whom personal service may be had. (2) In those cases specified in subdivision (a)(1), where personal service of process on the defendant is dispensed with, the proceeding shall be governed by §§ 21-1-203 - 21-1-205, and in addition thereto, the plaintiff shall post or cause to be posted on the front door or other front portion of the premises a copy of the publication notice at least fifteen (15) days prior to the date specified therein for the defendant to appear and make a defense. (3) In addition to the methods set out in subdivisions (a)(1) and (2), in commencing an action under this chapter, summons may be served upon a contractually named party, and service of process upon such party shall be good and sufficient to enable the landlord to regain possession of the landlord's property.
(1) In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises; and service of process upon such party in possession shall be good and sufficient to enable the landlord to regain possession of such landlord's property. In the event the summons cannot be served upon any adult person found in possession of the premises, personal service of process on the defendant is dispensed with in the following cases: (A) When the defendant is a nonresident of this state; (B) When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found, so as to be served with process, and there is just ground to believe that the defendant has gone beyond the limits of the state; (C) When the summons has been returned "not to be found in my county"; (D) When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry; (E) When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry; or (F) When a domestic corporation has ceased to do business and has no known officers, directors, trustee, or other legal representatives, on whom personal service may be had.
(A) When the defendant is a nonresident of this state;
(B) When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found, so as to be served with process, and there is just ground to believe that the defendant has gone beyond the limits of the state;
(C) When the summons has been returned "not to be found in my county";
(D) When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry;
(E) When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry; or
(F) When a domestic corporation has ceased to do business and has no known officers, directors, trustee, or other legal representatives, on whom personal service may be had.
(2) In those cases specified in subdivision (a)(1), where personal service of process on the defendant is dispensed with, the proceeding shall be governed by §§ 21-1-203 - 21-1-205, and in addition thereto, the plaintiff shall post or cause to be posted on the front door or other front portion of the premises a copy of the publication notice at least fifteen (15) days prior to the date specified therein for the defendant to appear and make a defense.
(3) In addition to the methods set out in subdivisions (a)(1) and (2), in commencing an action under this chapter, summons may be served upon a contractually named party, and service of process upon such party shall be good and sufficient to enable the landlord to regain possession of the landlord's property.
(b) In commencing an action under this chapter, service of process may be made by the plaintiff, the plaintiff's attorney, or the plaintiff's agent, in lieu of subsection (a), by lodging the original summons and a copy certified by the clerk with the sheriff or constable of the county in which suit is brought, who shall promptly send postage prepaid a certified copy by certified return receipt mail to the individual as follows: (1) In the case of an individual defendant, to the party named; (2) In the case of a domestic corporation or a foreign corporation doing business in this state, to an officer or managing agent thereof, or to the chief agent in the county where the action is brought or to any other agent authorized by appointment or by law to receive service on behalf of the corporation; or (3) In the case of a partnership or an unincorporated association which is a named defendant under a common name, to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association.
(1) In the case of an individual defendant, to the party named;
(2) In the case of a domestic corporation or a foreign corporation doing business in this state, to an officer or managing agent thereof, or to the chief agent in the county where the action is brought or to any other agent authorized by appointment or by law to receive service on behalf of the corporation; or
(3) In the case of a partnership or an unincorporated association which is a named defendant under a common name, to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association.
(c) In any case in which such warrant or process is returned undelivered for any reason whatsoever, service of process shall then be made as otherwise provided by law.
(d) (1) The original process, endorsed as indicated below, an affidavit of the appropriate sheriff or constable setting forth the sheriff or constable's compliance with the requirements of the preceding provisions, and the return receipt signed by the defendant shall be attached together and sent to and filed by the clerk of the court of general sessions. There shall be endorsed on the original warrant by the sheriff or constable over the sheriff or constable's signature the date of the sheriff or constable's mailing the certified copy to the defendant; thereupon service of the defendant shall be consummated. An act of a deputy of the sheriff in the sheriff's behalf hereunder shall be deemed the equivalent of the act of the latter. (2) When service of process by mail is made upon one (1) or more individual defendants, service of process shall not be complete as to any individual unless a return receipt, signed or acknowledged on its face by the individual personally, is returned to the deputy sheriff or constable.
(1) The original process, endorsed as indicated below, an affidavit of the appropriate sheriff or constable setting forth the sheriff or constable's compliance with the requirements of the preceding provisions, and the return receipt signed by the defendant shall be attached together and sent to and filed by the clerk of the court of general sessions. There shall be endorsed on the original warrant by the sheriff or constable over the sheriff or constable's signature the date of the sheriff or constable's mailing the certified copy to the defendant; thereupon service of the defendant shall be consummated. An act of a deputy of the sheriff in the sheriff's behalf hereunder shall be deemed the equivalent of the act of the latter.
(2) When service of process by mail is made upon one (1) or more individual defendants, service of process shall not be complete as to any individual unless a return receipt, signed or acknowledged on its face by the individual personally, is returned to the deputy sheriff or constable.
(e) (1) In addition to the methods set out in this section, service of process for an action commenced under this chapter shall be good and sufficient to enable the landlord to regain possession of such landlord's property if a sheriff, sheriff's deputy, constable, or private process server personally serves a copy of the warrant or summons upon any one (1) named defendant who has a contractual or possessory property right in the subject premises. (2) If, after attempting personal service of process on three (3) different dates and documenting such attempts on the face of the warrant, the sheriff, sheriff's deputy, constable, or private process server is unable to serve any such one (1) named defendant personally, service of process for determining the right of possession of the subject premises as to all who may have a contractual or possessory property right therein may be had by the sheriff, sheriff's deputy, constable, or private process server taking the following actions at least six (6) days prior to the date specified therein for the defendant or defendants to appear and make a defense: (A) Posting a copy of the warrant or summons on the door of the premises; (B) Sending by United States postal service first class mail a copy of the warrant or summons to the so named defendant or defendants at the address of the subject premises or the defendants' last known address, if any; and (C) Making an entry of this action on the face of the warrant or summons filed in the action. (3) Subdivision (e)(2) shall apply only to service of process to regain possession of real property, and shall not apply to service of process to recover monetary judgment.
(1) In addition to the methods set out in this section, service of process for an action commenced under this chapter shall be good and sufficient to enable the landlord to regain possession of such landlord's property if a sheriff, sheriff's deputy, constable, or private process server personally serves a copy of the warrant or summons upon any one (1) named defendant who has a contractual or possessory property right in the subject premises.
(2) If, after attempting personal service of process on three (3) different dates and documenting such attempts on the face of the warrant, the sheriff, sheriff's deputy, constable, or private process server is unable to serve any such one (1) named defendant personally, service of process for determining the right of possession of the subject premises as to all who may have a contractual or possessory property right therein may be had by the sheriff, sheriff's deputy, constable, or private process server taking the following actions at least six (6) days prior to the date specified therein for the defendant or defendants to appear and make a defense: (A) Posting a copy of the warrant or summons on the door of the premises; (B) Sending by United States postal service first class mail a copy of the warrant or summons to the so named defendant or defendants at the address of the subject premises or the defendants' last known address, if any; and (C) Making an entry of this action on the face of the warrant or summons filed in the action.
(A) Posting a copy of the warrant or summons on the door of the premises;
(B) Sending by United States postal service first class mail a copy of the warrant or summons to the so named defendant or defendants at the address of the subject premises or the defendants' last known address, if any; and
(C) Making an entry of this action on the face of the warrant or summons filed in the action.
(3) Subdivision (e)(2) shall apply only to service of process to regain possession of real property, and shall not apply to service of process to recover monetary judgment.
Amended by 2019 Tenn. Acts, ch. 160, s 1, eff. 4/18/2019.
Amended by 2018 Tenn. Acts, ch. 670, Secs.s 1, s 2eff. 4/12/2018.
Amended by 2015 Tenn. Acts, ch. 160, s 1, Sec.s 2, Secs.s 3, s 4eff. 4/16/2015.
Acts 1869-1870, ch. 64, § 6; Shan., § 5127; Code 1932, § 9282; Acts 1945, ch. 79, § 1; C. Supp. 1950, § 9282; Acts 1979, ch. 420, §1; 1980, ch. 798, § 1; T.C.A. (orig. ed.), §23-1615; Acts 1997 , ch. 380, §1; 2010 , ch. 827, § 1.
Tenn. Code Ann. § 29-17-1001 — TN Code / Title 29 / Chapter 17 / Section 29-17-1001
Continuance of condemnation trial
Status: in_force

In any case in which the state of Tennessee, its counties or municipalities exercise the power of eminent domain to acquire land for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway under this chapter and chapter 16 of this title or any other law, and the owner of the condemned property is not satisfied with the amount of damages offered, such owner may, upon motion filed with the proper court not less than ninety (90) days prior to the trial on the issue of damages, request that such trial be continued until the highway for which the land was condemned, or any work being done thereto, is completed. If the motion is timely and properly filed, it shall be granted. Acts 1981, ch. 334, § 1; T.C.A. § 29-17-1201; Acts 2006, ch. 863, § 1.
In any case in which the state of Tennessee, its counties or municipalities exercise the power of eminent domain to acquire land for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway under this chapter and chapter 16 of this title or any other law, and the owner of the condemned property is not satisfied with the amount of damages offered, such owner may, upon motion filed with the proper court not less than ninety (90) days prior to the trial on the issue of damages, request that such trial be continued until the highway for which the land was condemned, or any work being done thereto, is completed. If the motion is timely and properly filed, it shall be granted.
Acts 1981, ch. 334, § 1; T.C.A. § 29-17-1201; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-35-101 — TN Code / Title 29 / Chapter 35 / Section 29-35-101
Grounds for action
Status: in_force

An action lies in the name of the state against the person or corporation offending, in the following cases: (1) Whenever any person unlawfully holds or exercises any public office or franchise within this state, or any office in any corporation created by the laws of this state; (2) Whenever any public officer has done, or suffered to be done, any act which works a forfeiture of that officer's office; (3) When any person acts as a corporation within this state, without being authorized by law; or (4) If, being incorporated, they: (A) Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation; (B) Exercise powers not conferred by law; or (C) Fail to exercise powers conferred by law and essential to the corporate existence. Code 1858, § 3409 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5165; Code 1932, § 9336; T.C.A. (orig. ed.), § 23-2801.
An action lies in the name of the state against the person or corporation offending, in the following cases:
(1) Whenever any person unlawfully holds or exercises any public office or franchise within this state, or any office in any corporation created by the laws of this state;
(2) Whenever any public officer has done, or suffered to be done, any act which works a forfeiture of that officer's office;
(3) When any person acts as a corporation within this state, without being authorized by law; or
(4) If, being incorporated, they: (A) Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation; (B) Exercise powers not conferred by law; or (C) Fail to exercise powers conferred by law and essential to the corporate existence.
(A) Do or omit acts which amount to a surrender or forfeiture of their rights and privileges as a corporation;
(B) Exercise powers not conferred by law; or
(C) Fail to exercise powers conferred by law and essential to the corporate existence.
Code 1858, § 3409 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5165; Code 1932, § 9336; T.C.A. (orig. ed.), § 23-2801.
Tenn. Code Ann. § 29-26-210 — TN Code / Title 29 / Chapter 26 / Section 29-26-210
Construction
Status: in_force

This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes. Acts 1995, ch. 463, § 10.
This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes.
Acts 1995, ch. 463, § 10.
Tenn. Code Ann. § 29-17-713 — TN Code / Title 29 / Chapter 17 / Section 29-17-713
Provisions supplemental
Status: in_force

This part shall not be construed as repealing any provisions of other statutes prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in which the state or any county or the United States is concerned, and is intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise herein specially provided for, the court shall conform its procedure as nearly as may be to the provisions of the statute and the same shall remain in force. Acts 1937, ch. 262, § 11; C. Supp. 1950, § 3170.11 (Williams, § 3171.11); T.C.A. (orig. ed.), § 23-1525; T.C.A. § 29-17-613; Acts 2006, ch. 863, § 1.
This part shall not be construed as repealing any provisions of other statutes prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in which the state or any county or the United States is concerned, and is intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise herein specially provided for, the court shall conform its procedure as nearly as may be to the provisions of the statute and the same shall remain in force.
Acts 1937, ch. 262, § 11; C. Supp. 1950, § 3170.11 (Williams, § 3171.11); T.C.A. (orig. ed.), § 23-1525; T.C.A. § 29-17-613; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-26-119 — TN Code / Title 29 / Chapter 26 / Section 29-26-119
Damages in healthcare liability actions
Status: in_force

(a) As used in this section, "actual economic losses" means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care. (b) In all health care liability actions, the common law collateral source rule is abrogated as specified in this section. (c) In a health care liability action, the damages awarded may include, in addition to other elements of damages authorized by law, past and future actual economic losses suffered by the claimant. (d) Past actual economic losses are limited to: (1) The amounts that have been paid or will be paid by the assets of the claimant or on the claimant's behalf; and (2) The amounts the claimant's providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to: (A) An agreement with an insurance company or third-party payor; (B) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or (C) Any charity, discount program, write-off, gift, or other reason by the provider. (e) Actual economic losses will only be limited to the extent that documentation of the reduction is submitted. Amended by 2024 Tenn. Acts, ch. 852,s 1, eff. 5/1/2024. Acts 1975, ch. 299, § 18; T.C.A., § 23-3418; Acts 2012 , ch. 798, § 11.
(a) As used in this section, "actual economic losses" means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care.
(b) In all health care liability actions, the common law collateral source rule is abrogated as specified in this section.
(c) In a health care liability action, the damages awarded may include, in addition to other elements of damages authorized by law, past and future actual economic losses suffered by the claimant.
(d) Past actual economic losses are limited to: (1) The amounts that have been paid or will be paid by the assets of the claimant or on the claimant's behalf; and (2) The amounts the claimant's providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to: (A) An agreement with an insurance company or third-party payor; (B) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or (C) Any charity, discount program, write-off, gift, or other reason by the provider.
(1) The amounts that have been paid or will be paid by the assets of the claimant or on the claimant's behalf; and
(2) The amounts the claimant's providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to: (A) An agreement with an insurance company or third-party payor; (B) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or (C) Any charity, discount program, write-off, gift, or other reason by the provider.
(A) An agreement with an insurance company or third-party payor;
(B) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or
(C) Any charity, discount program, write-off, gift, or other reason by the provider.
(e) Actual economic losses will only be limited to the extent that documentation of the reduction is submitted.
Amended by 2024 Tenn. Acts, ch. 852,s 1, eff. 5/1/2024.
Acts 1975, ch. 299, § 18; T.C.A., § 23-3418; Acts 2012 , ch. 798, § 11.
Tenn. Code Ann. § 29-20-207 — TN Code / Title 29 / Chapter 20 / Section 29-20-207
Liability for injury arising out of the provision of emergency services
Status: in_force

Except as may otherwise be provided in the agreement, when any governmental entity is found liable under this part for any injury arising out of the provision of emergency services rendered under a written mutual aid agreement, automatic response agreement, operational agreement, or any other agreement specifically entered into between or among the parties, relating to the providing of emergency services under § 5-1-113 ; § 5-16-107 ; § 6-54-601 ; the Interlocal Cooperation Act, compiled in title 12, chapter 9; or other applicable law, the governmental entity benefiting from the provision of the services under the agreement may pay any judgment or award against the provider, subject to the limits of liability set forth in § 29-20-403 . Acts 2005, ch. 264, § 1.
Except as may otherwise be provided in the agreement, when any governmental entity is found liable under this part for any injury arising out of the provision of emergency services rendered under a written mutual aid agreement, automatic response agreement, operational agreement, or any other agreement specifically entered into between or among the parties, relating to the providing of emergency services under § 5-1-113 ; § 5-16-107 ; § 6-54-601 ; the Interlocal Cooperation Act, compiled in title 12, chapter 9; or other applicable law, the governmental entity benefiting from the provision of the services under the agreement may pay any judgment or award against the provider, subject to the limits of liability set forth in § 29-20-403 .
Acts 2005, ch. 264, § 1.
Tenn. Code Ann. § 29-7-117 — TN Code / Title 29 / Chapter 7 / Section 29-7-117
Conclusiveness of judgment
Status: in_force

The judgment in the garnishment suit, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff's demand, is conclusive as between the garnishee and defendant. Code 1858, § 3493; Shan., § 5253; Code 1932, § 9444; T.C.A. (orig. ed.), § 23-717.
The judgment in the garnishment suit, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff's demand, is conclusive as between the garnishee and defendant.
Code 1858, § 3493; Shan., § 5253; Code 1932, § 9444; T.C.A. (orig. ed.), § 23-717.
Tenn. Code Ann. § 29-30-213 — TN Code / Title 29 / Chapter 30 / Section 29-30-213
Execution of general sessions judge's writ
Status: in_force

Any constable may execute this writ, and, in exercising this power, shall be governed by the laws regulating sheriffs in the execution of a writ issued by a court. Code 1858, § 3396 (deriv. Acts 1851-1852, ch. 32, § 3); Shan., § 5151; Code 1932, § 9306; Acts 1973, ch. 365, § 12(e); T.C.A. (orig. ed.), § 23-2324.
Any constable may execute this writ, and, in exercising this power, shall be governed by the laws regulating sheriffs in the execution of a writ issued by a court.
Code 1858, § 3396 (deriv. Acts 1851-1852, ch. 32, § 3); Shan., § 5151; Code 1932, § 9306; Acts 1973, ch. 365, § 12(e); T.C.A. (orig. ed.), § 23-2324.
Tenn. Code Ann. § 29-13-305 — TN Code / Title 29 / Chapter 13 / Section 29-13-305
Forms
Status: in_force

The clerk's office shall provide forms which may be necessary to seek an encroachment order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other such assistance as is necessary for the filing of the petition. Acts 1993, ch. 494, § 1.
The clerk's office shall provide forms which may be necessary to seek an encroachment order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other such assistance as is necessary for the filing of the petition.
Acts 1993, ch. 494, § 1.
Tenn. Code Ann. § 29-22-106 — TN Code / Title 29 / Chapter 22 / Section 29-22-106
Lienholder not to be named on checks or drafts
Status: in_force

No person, firm, or corporation, paying a claim, demand, or judgment shall include the name of any lien claimant, under this chapter, as a payee on any drafts or checks issued to settle such claims, demands, or judgments. Acts 1970, ch. 527, § 6; T.C.A., § 23-3206.
No person, firm, or corporation, paying a claim, demand, or judgment shall include the name of any lien claimant, under this chapter, as a payee on any drafts or checks issued to settle such claims, demands, or judgments.
Acts 1970, ch. 527, § 6; T.C.A., § 23-3206.
Tenn. Code Ann. § 29-20-204 — TN Code / Title 29 / Chapter 20 / Section 29-20-204
Removal of immunity for injury from dangerous structures - Exception - Notice required
Status: in_force

(a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity. (b) Immunity is not removed for latent defective conditions, nor shall this section apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed]. Acts 1973, ch. 345, § 9; T.C.A., § 23-3310.
(a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity.
(b) Immunity is not removed for latent defective conditions, nor shall this section apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed].
Acts 1973, ch. 345, § 9; T.C.A., § 23-3310.
Tenn. Code Ann. § 29-14-109 — TN Code / Title 29 / Chapter 14 / Section 29-14-109
Refusal to render judgment
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings. Acts 1923, ch. 29, § 6; Shan. Supp., § 4726a6; Code 1932, §8840; T.C.A. (orig. ed.), § 23-1109.
The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings.
Acts 1923, ch. 29, § 6; Shan. Supp., § 4726a6; Code 1932, §8840; T.C.A. (orig. ed.), § 23-1109.
Tenn. Code Ann. § 29-33-105 — TN Code / Title 29 / Chapter 33 / Section 29-33-105
New replevy bond
Status: in_force

(a) The new replevy bond, if given, shall be made payable to the original surety, and such surety is authorized to act in reference to the property as if the surety had been the plaintiff in the action. (b) The new bond shall be filed with the original replevy bond, and may be enforced by judgment or decree, upon a breach of the original replevy bond, in favor of either the plaintiff or of the original surety. Code 1858, §§ 3670, 3671; Shan., §§ 5440, 5441; Code 1932, §§ 9602, 9603; T.C.A. (orig. ed.), § 23-2705.
(a) The new replevy bond, if given, shall be made payable to the original surety, and such surety is authorized to act in reference to the property as if the surety had been the plaintiff in the action.
(b) The new bond shall be filed with the original replevy bond, and may be enforced by judgment or decree, upon a breach of the original replevy bond, in favor of either the plaintiff or of the original surety.
Code 1858, §§ 3670, 3671; Shan., §§ 5440, 5441; Code 1932, §§ 9602, 9603; T.C.A. (orig. ed.), § 23-2705.
Tenn. Code Ann. § 29-7-111 — TN Code / Title 29 / Chapter 7 / Section 29-7-111
Death of garnishee
Status: in_force

If the garnishee dies after having been summoned in garnishment, and pending the litigation, the proceedings may be revived by or against the deceased garnishee's representatives. Code 1858, § 3491 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., §5251; Code 1932, § 9442; T.C.A. (orig. ed.), § 23-711.
If the garnishee dies after having been summoned in garnishment, and pending the litigation, the proceedings may be revived by or against the deceased garnishee's representatives.
Code 1858, § 3491 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., §5251; Code 1932, § 9442; T.C.A. (orig. ed.), § 23-711.
Tenn. Code Ann. § 29-20-205 — TN Code / Title 29 / Chapter 20 / Section 29-20-205
Removal of immunity for injury caused by negligent act or omission of employees - Exceptions - Immunity for year 2000 computer calculation errors
Status: in_force

Immunity from suit of all governmental entities is removed for injury proximately caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of: (1) The exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused; (2) False imprisonment pursuant to a mittimus from a court, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights; (3) The issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization; (4) A failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property; (5) The institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause; (6) Misrepresentation by an employee whether or not such is negligent or intentional; (7) Or results from riots, unlawful assemblies, public demonstrations, mob violence and civil disturbances; (8) Or in connection with the assessment, levy or collection of taxes; (9) Or in connection with any failure occurring before January 1, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if, and only if, the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but a reasonable plan or design or both for identifying and preventing the failure or malfunction was adopted and reasonably implemented complying with generally accepted computer and information system design standards. Notwithstanding any other law, nothing in this subdivision (9) shall in any way limit the liability of a third party, direct or indirect, who is negligent. Further, a person who is injured by the negligence of a third party contractor, direct or indirect, shall have a cause of action against the contractor; or (10) Or in connection with any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101 , unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission by the entity or its employees constituting gross negligence. The requirements of title 14, chapter 5 apply to any such cause of action when applicable. Amended by 2023 Tenn. Acts, ch. 48, s 5, eff. 3/21/2023. Amended by 2022 Tenn. Acts, ch. 1117, s 3, eff. 6/1/2022. Amended by 2021EX3 Tenn. Acts, ch. 6, Secs.s 3, s 4, s 5 eff. 11/12/2021. Amended by 2020EX2 Tenn. Acts, ch. 1, s 2, eff. 8/17/2020. Acts 1973, ch. 345, § 10; T.C.A., § 23-3311; Acts 1999, ch. 458, §§ 3, 4.
Immunity from suit of all governmental entities is removed for injury proximately caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of:
(1) The exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused;
(2) False imprisonment pursuant to a mittimus from a court, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights;
(3) The issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization;
(4) A failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property;
(5) The institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause;
(6) Misrepresentation by an employee whether or not such is negligent or intentional;
(7) Or results from riots, unlawful assemblies, public demonstrations, mob violence and civil disturbances;
(8) Or in connection with the assessment, levy or collection of taxes;
(9) Or in connection with any failure occurring before January 1, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if, and only if, the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but a reasonable plan or design or both for identifying and preventing the failure or malfunction was adopted and reasonably implemented complying with generally accepted computer and information system design standards. Notwithstanding any other law, nothing in this subdivision (9) shall in any way limit the liability of a third party, direct or indirect, who is negligent. Further, a person who is injured by the negligence of a third party contractor, direct or indirect, shall have a cause of action against the contractor; or
(10) Or in connection with any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101 , unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission by the entity or its employees constituting gross negligence. The requirements of title 14, chapter 5 apply to any such cause of action when applicable.
Amended by 2023 Tenn. Acts, ch. 48, s 5, eff. 3/21/2023.
Amended by 2022 Tenn. Acts, ch. 1117, s 3, eff. 6/1/2022.
Amended by 2021EX3 Tenn. Acts, ch. 6, Secs.s 3, s 4, s 5 eff. 11/12/2021.
Amended by 2020EX2 Tenn. Acts, ch. 1, s 2, eff. 8/17/2020.
Acts 1973, ch. 345, § 10; T.C.A., § 23-3311; Acts 1999, ch. 458, §§ 3, 4.
Tenn. Code Ann. § 29-16-203 — TN Code / Title 29 / Chapter 16 / Section 29-16-203
Elements of damages
Status: in_force

(a) (1) In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Whenever any person, agency, or other entity acquires interest in any parcel of real property and such acquisition requires the removal of furniture, household belongings, fixtures, equipment, machinery, or stock in trade of any person in rightful possession, regardless of whether such person has a legal interest in such property, the reasonable expense of the removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling, or disassembling, the loading, and drayage to another location not more than fifty (50) miles distant, and the reassembling, reconnecting, and installing on such new location. (2) When title to an entire tax parcel is condemned in fee, the total amount of damages for the condemnation of the parcel shall be not less than the last valuation used by the assessor of property just prior to the date of taking, less any decrease in value for any changes in the parcel occurring since the valuation was made, such as the removal or destruction of a building, flooding, waste, or removal of trees. The valuation may be introduced and admitted into evidence at the trial. In addition to condemnation proceedings under this chapter, this subdivision (a)(2) shall apply to condemnation proceedings under chapter 17 of this title or any other law. (b) Notwithstanding any other law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, the person shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which the person requires to be removed from such real property or which the person determines will be adversely affected by the use to which such real property will be put. (c) (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (b), such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection (c) shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the acquiring party all the tenant's right, title, and interest in and to such improvements. Nothing in this subsection (c) shall be construed to deprive the tenant of any rights to reject payment under this subsection (c) and to obtain payment for such property interests in accordance with applicable law, other than this subsection (c). (d) Any person, agency or other entity acquiring real property pursuant to the exercise of eminent domain shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, reimburse the owner, to the extent that such acquiring party deems fair and reasonable for expenses the owner necessarily incurred for: (1) Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring party; (2) Penalty costs for repayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring party, or the effective date of possession by the acquiring party, whichever is earlier. Renumbered from T.C.A. s 29-16-114by 2014 Tenn. Acts, ch. 927,s 4, eff. 5/16/2014. Code 1858, § 1338; Shan., § 1857; Code 1932, § 3122; Acts 1951, ch. 176, § 1; 1957, ch. 398, § 1; 1967, ch. 305, § 1; 1970, ch. 482, § 1; 1972, ch. 463, § 1; T.C.A. (orig. ed.), § 23-1414; Acts 2006, ch. 863, § 19.
(a) (1) In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Whenever any person, agency, or other entity acquires interest in any parcel of real property and such acquisition requires the removal of furniture, household belongings, fixtures, equipment, machinery, or stock in trade of any person in rightful possession, regardless of whether such person has a legal interest in such property, the reasonable expense of the removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling, or disassembling, the loading, and drayage to another location not more than fifty (50) miles distant, and the reassembling, reconnecting, and installing on such new location. (2) When title to an entire tax parcel is condemned in fee, the total amount of damages for the condemnation of the parcel shall be not less than the last valuation used by the assessor of property just prior to the date of taking, less any decrease in value for any changes in the parcel occurring since the valuation was made, such as the removal or destruction of a building, flooding, waste, or removal of trees. The valuation may be introduced and admitted into evidence at the trial. In addition to condemnation proceedings under this chapter, this subdivision (a)(2) shall apply to condemnation proceedings under chapter 17 of this title or any other law.
(1) In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Whenever any person, agency, or other entity acquires interest in any parcel of real property and such acquisition requires the removal of furniture, household belongings, fixtures, equipment, machinery, or stock in trade of any person in rightful possession, regardless of whether such person has a legal interest in such property, the reasonable expense of the removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling, or disassembling, the loading, and drayage to another location not more than fifty (50) miles distant, and the reassembling, reconnecting, and installing on such new location.
(2) When title to an entire tax parcel is condemned in fee, the total amount of damages for the condemnation of the parcel shall be not less than the last valuation used by the assessor of property just prior to the date of taking, less any decrease in value for any changes in the parcel occurring since the valuation was made, such as the removal or destruction of a building, flooding, waste, or removal of trees. The valuation may be introduced and admitted into evidence at the trial. In addition to condemnation proceedings under this chapter, this subdivision (a)(2) shall apply to condemnation proceedings under chapter 17 of this title or any other law.
(b) Notwithstanding any other law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, the person shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which the person requires to be removed from such real property or which the person determines will be adversely affected by the use to which such real property will be put.
(c) (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (b), such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor. (2) Payment under this subsection (c) shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the acquiring party all the tenant's right, title, and interest in and to such improvements. Nothing in this subsection (c) shall be construed to deprive the tenant of any rights to reject payment under this subsection (c) and to obtain payment for such property interests in accordance with applicable law, other than this subsection (c).
(1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (b), such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
(2) Payment under this subsection (c) shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the acquiring party all the tenant's right, title, and interest in and to such improvements. Nothing in this subsection (c) shall be construed to deprive the tenant of any rights to reject payment under this subsection (c) and to obtain payment for such property interests in accordance with applicable law, other than this subsection (c).
(d) Any person, agency or other entity acquiring real property pursuant to the exercise of eminent domain shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, reimburse the owner, to the extent that such acquiring party deems fair and reasonable for expenses the owner necessarily incurred for: (1) Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring party; (2) Penalty costs for repayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and (3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring party, or the effective date of possession by the acquiring party, whichever is earlier.
(1) Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring party;
(2) Penalty costs for repayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and
(3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring party, or the effective date of possession by the acquiring party, whichever is earlier.
Renumbered from T.C.A. s 29-16-114by 2014 Tenn. Acts, ch. 927,s 4, eff. 5/16/2014.
Code 1858, § 1338; Shan., § 1857; Code 1932, § 3122; Acts 1951, ch. 176, § 1; 1957, ch. 398, § 1; 1967, ch. 305, § 1; 1970, ch. 482, § 1; 1972, ch. 463, § 1; T.C.A. (orig. ed.), § 23-1414; Acts 2006, ch. 863, § 19.
Tenn. Code Ann. § 29-34-205 — TN Code / Title 29 / Chapter 34 / Section 29-34-205
Commonsense consumption
Status: in_force

(a) Except as exempted in subsection (b), a manufacturer, producer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the Federal Food Drug and Cosmetic Act ( 21 U.S.C. § 321(f) ), or an association of one (1) or more such entities, shall not be subject to civil liability arising under any law of the state of Tennessee for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long term consumption of food. (b) Subsection (a) shall not preclude civil liability where the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long term consumption of food is based on: (1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of the state of Tennessee or the United States of America and the claimed injury was proximately caused by such violation; or (2) Any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food; provided, that such violation is knowing and willful, and the claimed injury was proximately caused by such violation. (c) For purposes of this section: (1) "Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person; (2) "Generally known condition allegedly caused by or allegedly likely to result from long term consumption" means a condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption; (3) "Knowing and willful" violation of federal or state law means that: (A) The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (B) The conduct constituting the violation was not required by regulations, orders, rules or other pronouncement of, or any statute administered by a federal, state, or local government agency; and (4) "Other person" as used in subdivision (c)(1) means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or private attorney general. (d) (1) In any action exempted under subdivision (b)(1), the complaint initiating such action shall state with particularity the following: (A) The statute, regulation, or other law of the state of Tennessee or of the United States that was allegedly violated; (B) The facts that are alleged to constitute a material violation of such statute or regulation; and (C) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff. (2) In any action exempted under subdivision (b)(2), in addition to the pleading requirements in this subsection (d), the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers. For purposes of this section, the pleading requirements in this subsection (d) are hereby deemed part of the substantive law of the state of Tennessee and not merely in the nature of procedural provisions. (e) In any action exempted under subsection (a), all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery pursuant to this subsection (e), unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under the state of Tennessee rules of civil procedure. Acts 2004, ch. 570, § 2; 2004, ch. 742, § 2.
(a) Except as exempted in subsection (b), a manufacturer, producer, packer, distributor, carrier, holder, seller, marketer, or advertiser of a food, as defined in Section 201(f) of the Federal Food Drug and Cosmetic Act ( 21 U.S.C. § 321(f) ), or an association of one (1) or more such entities, shall not be subject to civil liability arising under any law of the state of Tennessee for any claim arising out of weight gain or obesity, a health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long term consumption of food.
(b) Subsection (a) shall not preclude civil liability where the claim of weight gain, obesity, health condition associated with weight gain or obesity, or other generally known condition allegedly caused by or allegedly likely to result from long term consumption of food is based on: (1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of the state of Tennessee or the United States of America and the claimed injury was proximately caused by such violation; or (2) Any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food; provided, that such violation is knowing and willful, and the claimed injury was proximately caused by such violation.
(1) A material violation of an adulteration or misbranding requirement prescribed by statute or regulation of the state of Tennessee or the United States of America and the claimed injury was proximately caused by such violation; or
(2) Any other material violation of federal or state law applicable to the manufacturing, marketing, distribution, advertising, labeling, or sale of food; provided, that such violation is knowing and willful, and the claimed injury was proximately caused by such violation.
(c) For purposes of this section: (1) "Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person; (2) "Generally known condition allegedly caused by or allegedly likely to result from long term consumption" means a condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption; (3) "Knowing and willful" violation of federal or state law means that: (A) The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (B) The conduct constituting the violation was not required by regulations, orders, rules or other pronouncement of, or any statute administered by a federal, state, or local government agency; and (4) "Other person" as used in subdivision (c)(1) means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or private attorney general.
(1) "Claim" means any claim by or on behalf of a natural person, as well as any derivative or other claim arising therefrom asserted by or on behalf of any other person;
(2) "Generally known condition allegedly caused by or allegedly likely to result from long term consumption" means a condition generally known to result or to likely result from the cumulative effect of consumption, and not from a single instance of consumption;
(3) "Knowing and willful" violation of federal or state law means that: (A) The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and (B) The conduct constituting the violation was not required by regulations, orders, rules or other pronouncement of, or any statute administered by a federal, state, or local government agency; and
(A) The conduct constituting the violation was committed with the intent to deceive or injure consumers or with actual knowledge that such conduct was injurious to consumers; and
(B) The conduct constituting the violation was not required by regulations, orders, rules or other pronouncement of, or any statute administered by a federal, state, or local government agency; and
(4) "Other person" as used in subdivision (c)(1) means any individual, corporation, company, association, firm, partnership, society, joint stock company, or any other entity, including any governmental entity or private attorney general.
(d) (1) In any action exempted under subdivision (b)(1), the complaint initiating such action shall state with particularity the following: (A) The statute, regulation, or other law of the state of Tennessee or of the United States that was allegedly violated; (B) The facts that are alleged to constitute a material violation of such statute or regulation; and (C) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff. (2) In any action exempted under subdivision (b)(2), in addition to the pleading requirements in this subsection (d), the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers. For purposes of this section, the pleading requirements in this subsection (d) are hereby deemed part of the substantive law of the state of Tennessee and not merely in the nature of procedural provisions.
(1) In any action exempted under subdivision (b)(1), the complaint initiating such action shall state with particularity the following: (A) The statute, regulation, or other law of the state of Tennessee or of the United States that was allegedly violated; (B) The facts that are alleged to constitute a material violation of such statute or regulation; and (C) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.
(A) The statute, regulation, or other law of the state of Tennessee or of the United States that was allegedly violated;
(B) The facts that are alleged to constitute a material violation of such statute or regulation; and
(C) The facts alleged to demonstrate that such violation proximately caused actual injury to the plaintiff.
(2) In any action exempted under subdivision (b)(2), in addition to the pleading requirements in this subsection (d), the complaint initiating such action shall state with particularity facts sufficient to support a reasonable inference that the violation was with intent to deceive or injure consumers or with the actual knowledge that such violation was injurious to consumers. For purposes of this section, the pleading requirements in this subsection (d) are hereby deemed part of the substantive law of the state of Tennessee and not merely in the nature of procedural provisions.
(e) In any action exempted under subsection (a), all discovery and other proceedings shall be stayed during the pendency of any motion to dismiss, unless the court finds upon the motion of any party that particularized discovery is necessary to preserve evidence or to prevent undue prejudice to that party. During the pendency of any stay of discovery pursuant to this subsection (e), unless otherwise ordered by the court, any party to the action with actual notice of the allegations contained in the complaint shall treat all documents, data compilations, including electronically recorded or stored data, and tangible objects that are in the custody or control of such party and that are relevant to the allegations, as if they were the subject of a continuing request for production of documents from an opposing party under the state of Tennessee rules of civil procedure.
Acts 2004, ch. 570, § 2; 2004, ch. 742, § 2.
Tenn. Code Ann. § 29-17-910 — TN Code / Title 29 / Chapter 17 / Section 29-17-910
Manner of determining damages to which owner is entitled
Status: in_force

In all instances the amount to which an owner is entitled shall be determined by ascertaining the fair cash market value of the property or property rights taken and adding to the same the amount of incidental damage done to the residue of the owner's property, if any, after deducting from the incidental damages to the residue the value of all special benefits, if any, occasioned such residue by the construction of such street, road, highway, levee, ditch, drain, watercourse improvement (when such levee, ditch, drain, or watercourse improvement is condemned pursuant to § 29-17-901(a)(2) ), freeway or parkway including, but not limited to, increased accessibility to the owner's property, greater convenience in the approach with vehicles, the advantages generally of a front on a more desirable roadway, better drainage, or increased attractiveness. Acts 1959, ch. 216, § 10; T.C.A., § 23-1537; Acts 1981, ch. 248, § 3; T.C.A. § 29-17-810; Acts 2006, ch. 863, § 1.
In all instances the amount to which an owner is entitled shall be determined by ascertaining the fair cash market value of the property or property rights taken and adding to the same the amount of incidental damage done to the residue of the owner's property, if any, after deducting from the incidental damages to the residue the value of all special benefits, if any, occasioned such residue by the construction of such street, road, highway, levee, ditch, drain, watercourse improvement (when such levee, ditch, drain, or watercourse improvement is condemned pursuant to § 29-17-901(a)(2) ), freeway or parkway including, but not limited to, increased accessibility to the owner's property, greater convenience in the approach with vehicles, the advantages generally of a front on a more desirable roadway, better drainage, or increased attractiveness.
Acts 1959, ch. 216, § 10; T.C.A., § 23-1537; Acts 1981, ch. 248, § 3; T.C.A. § 29-17-810; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-6-150 — TN Code / Title 29 / Chapter 6 / Section 29-6-150
Replevy before return or sale
Status: in_force

The officer levying the attachment shall take the bond, if tendered, at any time before the officer has made sale of the property or return of the process, in which case the officer will fix the value of the property, and judge of the sufficiency of the security. Code 1858, § 3510 (deriv. Acts 1839-1840, ch. 43, § 2); Shan., §5270; Code 1932, § 9461; T.C.A. (orig. ed.), § 23-650.
The officer levying the attachment shall take the bond, if tendered, at any time before the officer has made sale of the property or return of the process, in which case the officer will fix the value of the property, and judge of the sufficiency of the security.
Code 1858, § 3510 (deriv. Acts 1839-1840, ch. 43, § 2); Shan., §5270; Code 1932, § 9461; T.C.A. (orig. ed.), § 23-650.
Tenn. Code Ann. § 29-13-102 — TN Code / Title 29 / Chapter 13 / Section 29-13-102
Chapter definitions
Status: in_force

As used in this chapter and § 40-24-107 , unless the context otherwise requires: (1) "Child" means any individual, adopted or natural born, entitled to take as a child under the laws of this state by intestate succession from the parent whose relationship is involved and also includes a stepchild; (2) "Claimant" means any person or persons filing a claim for compensation under this chapter on such person's or persons' own behalf, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or the dependents of the victim; (3) "Commission" means the Tennessee claims commission created pursuant to § 9-8-301 ; (4) "Court" means the circuit courts of the state of Tennessee, for the purposes of filing a claim, and any court of the state which has the jurisdiction to try a crime against person or property, for the purpose of assessing the costs provided for in § 40-24-107 , except general sessions courts or municipal courts may not impose such costs; (5) "Dependents" means such relatives of a deceased victim as were receiving substantial support or needed services from the victim at the time of the victim's death, and includes the child of such victim born after such victim's death; (6) "Division" means the division of claims and risk management created pursuant to § 9-8-401 ; (7) "Family," when used with reference to a person, includes: (A) Any person related to such person within the third degree of consanguinity or affinity; or (B) Any person living in the same household as such person; (8) "Guardian" or "legal guardian" means a person having the legal authority to provide for the care, supervision, and control of a minor child as established by law or court order; (9) "Minor" means any person who has not attained eighteen (18) years of age; (10) "Offender" means a person who has or is alleged to have committed a crime; (11) "Out of pocket expenses" means unreimbursed or unreimbursable expenditures or indebtedness reasonably incurred for medical care or other services reasonably necessary as a result of the personal injury or death upon which a claim is based; (12) "Relative" means a spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister and a spouse's parents or stepparents; and (13) "Victim" means a person who suffers personal injury or death as a direct and proximate result of any act of a person which is within the description of any of the offenses specified in § 29-13-104 . Amended by 2019 Tenn. Acts, ch. 311, s 1, eff. 5/8/2019. Acts 1976, ch. 736, § 2; 1977, ch. 427, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A., §§ 23-3502, 23-35-102; Acts 1989, ch. 129, § 1; 1993, ch. 494, §§ 14-16.
As used in this chapter and § 40-24-107 , unless the context otherwise requires:
(1) "Child" means any individual, adopted or natural born, entitled to take as a child under the laws of this state by intestate succession from the parent whose relationship is involved and also includes a stepchild;
(2) "Claimant" means any person or persons filing a claim for compensation under this chapter on such person's or persons' own behalf, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or the dependents of the victim;
(3) "Commission" means the Tennessee claims commission created pursuant to § 9-8-301 ;
(4) "Court" means the circuit courts of the state of Tennessee, for the purposes of filing a claim, and any court of the state which has the jurisdiction to try a crime against person or property, for the purpose of assessing the costs provided for in § 40-24-107 , except general sessions courts or municipal courts may not impose such costs;
(5) "Dependents" means such relatives of a deceased victim as were receiving substantial support or needed services from the victim at the time of the victim's death, and includes the child of such victim born after such victim's death;
(6) "Division" means the division of claims and risk management created pursuant to § 9-8-401 ;
(7) "Family," when used with reference to a person, includes: (A) Any person related to such person within the third degree of consanguinity or affinity; or (B) Any person living in the same household as such person;
(A) Any person related to such person within the third degree of consanguinity or affinity; or
(B) Any person living in the same household as such person;
(8) "Guardian" or "legal guardian" means a person having the legal authority to provide for the care, supervision, and control of a minor child as established by law or court order;
(9) "Minor" means any person who has not attained eighteen (18) years of age;
(10) "Offender" means a person who has or is alleged to have committed a crime;
(11) "Out of pocket expenses" means unreimbursed or unreimbursable expenditures or indebtedness reasonably incurred for medical care or other services reasonably necessary as a result of the personal injury or death upon which a claim is based;
(12) "Relative" means a spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister and a spouse's parents or stepparents; and
(13) "Victim" means a person who suffers personal injury or death as a direct and proximate result of any act of a person which is within the description of any of the offenses specified in § 29-13-104 .
Amended by 2019 Tenn. Acts, ch. 311, s 1, eff. 5/8/2019.
Acts 1976, ch. 736, § 2; 1977, ch. 427, § 1; impl. am. Acts 1979, ch. 68, § 3; T.C.A., §§ 23-3502, 23-35-102; Acts 1989, ch. 129, § 1; 1993, ch. 494, §§ 14-16.
Tenn. Code Ann. § 29-36-104 — TN Code / Title 29 / Chapter 36 / Section 29-36-104
Death of owner of real property - Survival of right of action
Status: in_force

When any person entitled to sue for injuries to real property dies before commencing action, it shall be lawful for the personal representative of such party to sue and recover for the benefit of the deceased. Acts 1877, ch. 111; Shan., § 5164; Code 1932, § 9323; T.C.A. (orig. ed.), § 23-2904.
When any person entitled to sue for injuries to real property dies before commencing action, it shall be lawful for the personal representative of such party to sue and recover for the benefit of the deceased.
Acts 1877, ch. 111; Shan., § 5164; Code 1932, § 9323; T.C.A. (orig. ed.), § 23-2904.
Tenn. Code Ann. § 29-13-405 — TN Code / Title 29 / Chapter 13 / Section 29-13-405
Notice to victims
Status: in_force

After establishing an escrow account, the attorney general and reporter shall notify victims of the existence of the account in the following manner: (1) By direct notification, if direct notice to a victim is possible and not unreasonable under the circumstances, as frequently as provided by subdivision (2), that moneys are available to satisfy a civil judgment pursuant to this part; and (2) If direct notice is not possible, by publication of a legal notice in a newspaper in the county in which the crime was committed and in counties contiguous to that county. The notice shall advise the victim that escrow moneys are available to satisfy a money judgment pursuant to this part. The notice shall be published once every three (3) months for three (3) years after the date the escrow account is established. The attorney general and reporter may provide for additional notice as deemed necessary. Acts 1994, ch. 1003, § 5.
After establishing an escrow account, the attorney general and reporter shall notify victims of the existence of the account in the following manner:
(1) By direct notification, if direct notice to a victim is possible and not unreasonable under the circumstances, as frequently as provided by subdivision (2), that moneys are available to satisfy a civil judgment pursuant to this part; and
(2) If direct notice is not possible, by publication of a legal notice in a newspaper in the county in which the crime was committed and in counties contiguous to that county. The notice shall advise the victim that escrow moneys are available to satisfy a money judgment pursuant to this part. The notice shall be published once every three (3) months for three (3) years after the date the escrow account is established. The attorney general and reporter may provide for additional notice as deemed necessary.
Acts 1994, ch. 1003, § 5.