Tenn. Code Ann. § 20-8-105 — TN Code / Title 20 / Chapter 8 / Section 20-8-105
Public causes advanced on docket
Status: in_force

It is the duty of the court to advance upon the docket causes the decision of which directly involves questions concerning the public revenues, whether of state, county or municipality, questions concerning the boundaries of counties, towns or cities, or concerning public officers as to their eligibility, qualifications or appointment, or their lawful functions, so that such cause may be heard and determined with the least delay consistent with the proper investigation of such causes upon their merits. Acts 1871, ch. 125, § 1; 1879, ch. 79, § 4; Shan., § 4671; mod. Code 1932, § 8799; T.C.A. (orig. ed.), § 20-1211.
It is the duty of the court to advance upon the docket causes the decision of which directly involves questions concerning the public revenues, whether of state, county or municipality, questions concerning the boundaries of counties, towns or cities, or concerning public officers as to their eligibility, qualifications or appointment, or their lawful functions, so that such cause may be heard and determined with the least delay consistent with the proper investigation of such causes upon their merits.
Acts 1871, ch. 125, § 1; 1879, ch. 79, § 4; Shan., § 4671; mod. Code 1932, § 8799; T.C.A. (orig. ed.), § 20-1211.
Tenn. Code Ann. § 20-4-105 — TN Code / Title 20 / Chapter 4 / Section 20-4-105
Objection to venue
Status: in_force

If action is brought in the wrong county, it may be prosecuted to a termination, unless abated by plea of the defendant. Code 1858, § 2812; Shan., § 4517; Code 1932, § 8644; T.C.A. (orig. ed.), § 20-406.
If action is brought in the wrong county, it may be prosecuted to a termination, unless abated by plea of the defendant.
Code 1858, § 2812; Shan., § 4517; Code 1932, § 8644; T.C.A. (orig. ed.), § 20-406.
Tenn. Code Ann. § 20-4-106 — TN Code / Title 20 / Chapter 4 / Section 20-4-106
Reserved
Status: repealed

Acts 1968, ch. 523, § 1 (17.05); T.C.A., § 20-407, repealed by Acts 2011 , ch. 510, § 5, effective 10/1/2011.
Tenn. Code Ann. § 20-17-103 — TN Code / Title 20 / Chapter 17 / Section 20-17-103
Chapter definitions
Status: in_force

As used in this chapter: (1) "Communication" means the making or submitting of a statement or document in any form or medium, including oral, written, audiovisual, or electronic; (2) "Exercise of the right of association" means exercise of the constitutional right to join together to take collective action on a matter of public concern that falls within the protection of the United States Constitution or the Tennessee Constitution; (3) "Exercise of the right of free speech" means a communication made in connection with a matter of public concern or religious expression that falls within the protection of the United States Constitution or the Tennessee Constitution; (4) "Exercise of the right to petition" means a communication that falls within the protection of the United States Constitution or the Tennessee Constitution and: (A) Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or (B) Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; (5) "Legal action" means a claim, cause of action, petition, cross-claim, or counterclaim or any request for legal or equitable relief initiated against a private party; (6) "Matter of public concern" includes an issue related to: (A) Health or safety; (B) Environmental, economic, or community well-being; (C) The government; (D) A public official or public figure; (E) A good, product, or service in the marketplace; (F) A literary, musical, artistic, political, theatrical, or audiovisual work; or (G) Any other matter deemed by a court to involve a matter of public concern; and (7) "Party" does not include a governmental entity, agency, or employee. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
As used in this chapter:
(1) "Communication" means the making or submitting of a statement or document in any form or medium, including oral, written, audiovisual, or electronic;
(2) "Exercise of the right of association" means exercise of the constitutional right to join together to take collective action on a matter of public concern that falls within the protection of the United States Constitution or the Tennessee Constitution;
(3) "Exercise of the right of free speech" means a communication made in connection with a matter of public concern or religious expression that falls within the protection of the United States Constitution or the Tennessee Constitution;
(4) "Exercise of the right to petition" means a communication that falls within the protection of the United States Constitution or the Tennessee Constitution and: (A) Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or (B) Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body;
(A) Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or
(B) Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body;
(5) "Legal action" means a claim, cause of action, petition, cross-claim, or counterclaim or any request for legal or equitable relief initiated against a private party;
(6) "Matter of public concern" includes an issue related to: (A) Health or safety; (B) Environmental, economic, or community well-being; (C) The government; (D) A public official or public figure; (E) A good, product, or service in the marketplace; (F) A literary, musical, artistic, political, theatrical, or audiovisual work; or (G) Any other matter deemed by a court to involve a matter of public concern; and
(A) Health or safety;
(B) Environmental, economic, or community well-being;
(C) The government;
(D) A public official or public figure;
(E) A good, product, or service in the marketplace;
(F) A literary, musical, artistic, political, theatrical, or audiovisual work; or
(G) Any other matter deemed by a court to involve a matter of public concern; and
(7) "Party" does not include a governmental entity, agency, or employee.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-4-107 — TN Code / Title 20 / Chapter 4 / Section 20-4-107
Real property - State or agency a party
Status: in_force

Notwithstanding any other law or rule of procedure to the contrary, any action the subject matter of which involves real property in which this state, or any agency of this state, is a party, may be properly instituted in any county in which the property is located. Acts 1981, ch. 493, § 1.
Notwithstanding any other law or rule of procedure to the contrary, any action the subject matter of which involves real property in which this state, or any agency of this state, is a party, may be properly instituted in any county in which the property is located.
Acts 1981, ch. 493, § 1.
Tenn. Code Ann. § 20-5-118 — TN Code / Title 20 / Chapter 5 / Section 20-5-118
Automobile liability insurance carrier negligent in failing to settle claim against insured - Survival of action - Assignment of right of action for benefit of creditors
Status: in_force

(a) Any cause of action belonging to an insured person against the insured's automobile liability insurance carrier, based upon the negligence or bad faith of the insurance carrier in failing or refusing to settle any claim against the insured person within the limits of the insured's automobile liability insurance policy, shall survive the death of the insured person and shall pass to the insured's personal representative. (b) Any cause of action within the purview of subsection (a) shall by operation of law be assigned to and be an asset belonging to any trustee in bankruptcy, receiver or other person acting in a representative capacity for the creditors of the insured person, and the cause of action may be filed and maintained by the trustee, receiver or other person acting in a representative capacity for the creditors of the insured person in the trustee's, receiver's or representative's own name as the representative in any court having jurisdiction and venue of the cause of action against the automobile liability insurance carrier of the insured person. (c) No action within the purview of subsection (a) now pending or hereafter filed in any court of this state shall be abated or dismissed by any court upon the grounds that the action is or was not assignable by the insured person to one (1) of the persons or class of persons as set out in subsections (a) and (b).
(a) Any cause of action belonging to an insured person against the insured's automobile liability insurance carrier, based upon the negligence or bad faith of the insurance carrier in failing or refusing to settle any claim against the insured person within the limits of the insured's automobile liability insurance policy, shall survive the death of the insured person and shall pass to the insured's personal representative.
(b) Any cause of action within the purview of subsection (a) shall by operation of law be assigned to and be an asset belonging to any trustee in bankruptcy, receiver or other person acting in a representative capacity for the creditors of the insured person, and the cause of action may be filed and maintained by the trustee, receiver or other person acting in a representative capacity for the creditors of the insured person in the trustee's, receiver's or representative's own name as the representative in any court having jurisdiction and venue of the cause of action against the automobile liability insurance carrier of the insured person.
(c) No action within the purview of subsection (a) now pending or hereafter filed in any court of this state shall be abated or dismissed by any court upon the grounds that the action is or was not assignable by the insured person to one (1) of the persons or class of persons as set out in subsections (a) and (b).
Tenn. Code Ann. § 20-12-129 — TN Code / Title 20 / Chapter 12 / Section 20-12-129
Next friend's oath
Status: in_force

A person acting as the next friend of an infant may on like terms prosecute a suit or appeal for the infant in forma pauperis, upon taking and subscribing an oath that the infant, in whose behalf the action or suit is begun, is not able, and has not sufficient property, to bear the expenses of the action or suit about to be commenced, by filing an accompanying affidavit of indigency as prescribed by court rule and that the infant is justly entitled to the relief sought, to the best of the next friend's belief. Acts 1889, ch. 105, § 1; Shan., § 4930; mod. Code 1932, § 9082; T.C.A. (orig. ed.), § 20-1631; Acts 1995, ch. 242, § 3.
A person acting as the next friend of an infant may on like terms prosecute a suit or appeal for the infant in forma pauperis, upon taking and subscribing an oath that the infant, in whose behalf the action or suit is begun, is not able, and has not sufficient property, to bear the expenses of the action or suit about to be commenced, by filing an accompanying affidavit of indigency as prescribed by court rule and that the infant is justly entitled to the relief sought, to the best of the next friend's belief.
Acts 1889, ch. 105, § 1; Shan., § 4930; mod. Code 1932, § 9082; T.C.A. (orig. ed.), § 20-1631; Acts 1995, ch. 242, § 3.
Tenn. Code Ann. § 20-5-102 — TN Code / Title 20 / Chapter 5 / Section 20-5-102
Actions surviving death of party
Status: in_force

No civil action commenced, whether founded on wrongs or contracts, except actions for wrongs affecting the character of the plaintiff, shall abate by the death of either party, but may be revived; nor shall any right of action arising hereafter based on the wrongful act or omission of another, except actions for wrongs affecting the character, be abated by the death of the party wronged; but the right of action shall pass in like manner as the right of action described in § 20-5-106 . Code 1858, § 2846 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., §4569; Code 1932, § 8694; Acts 1967, ch. 121, § 1; T.C.A. (orig. ed.), § 20-602.
No civil action commenced, whether founded on wrongs or contracts, except actions for wrongs affecting the character of the plaintiff, shall abate by the death of either party, but may be revived; nor shall any right of action arising hereafter based on the wrongful act or omission of another, except actions for wrongs affecting the character, be abated by the death of the party wronged; but the right of action shall pass in like manner as the right of action described in § 20-5-106 .
Code 1858, § 2846 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., §4569; Code 1932, § 8694; Acts 1967, ch. 121, § 1; T.C.A. (orig. ed.), § 20-602.
Tenn. Code Ann. § 20-3-103 — TN Code / Title 20 / Chapter 3 / Section 20-3-103
Termination of action in which filed
Status: in_force

(a) Where the suit, abstract of the claimed lien in which has been filed and recorded, finally terminates, whether on the merits or otherwise, the court may direct the entry on the lien book in the registry of an order respecting the suit made by it, which order, certified by the clerk, shall be presented to the register, who shall immediately note its date and record it on the lien book at the proper place. (b) Should no such order be entered by the court, it is the duty of the plaintiff or complainant who filed the notice abstract to cause to be noted of record the fact of termination, or, if the claim is satisfied, the satisfaction of the claim, such notation to be attested in writing by the register or the register's deputy. Code 1932, § 8056; T.C.A. (orig. ed.), § 20-304.
(a) Where the suit, abstract of the claimed lien in which has been filed and recorded, finally terminates, whether on the merits or otherwise, the court may direct the entry on the lien book in the registry of an order respecting the suit made by it, which order, certified by the clerk, shall be presented to the register, who shall immediately note its date and record it on the lien book at the proper place.
(b) Should no such order be entered by the court, it is the duty of the plaintiff or complainant who filed the notice abstract to cause to be noted of record the fact of termination, or, if the claim is satisfied, the satisfaction of the claim, such notation to be attested in writing by the register or the register's deputy.
Code 1932, § 8056; T.C.A. (orig. ed.), § 20-304.
Tenn. Code Ann. § 20-6-101 — TN Code / Title 20 / Chapter 6 / Section 20-6-101
Scope of chapter
Status: in_force

The pleadings described in this chapter apply to all actions at law and to all legal proceedings for the redress of civil injuries in which pleadings are necessary and not otherwise expressly prescribed. Code 1858, § 2880; Shan., § 4601; Code 1932, § 8725; T.C.A. (orig. ed.), § 20-701.
The pleadings described in this chapter apply to all actions at law and to all legal proceedings for the redress of civil injuries in which pleadings are necessary and not otherwise expressly prescribed.
Code 1858, § 2880; Shan., § 4601; Code 1932, § 8725; T.C.A. (orig. ed.), § 20-701.
Tenn. Code Ann. § 20-4-203 — TN Code / Title 20 / Chapter 4 / Section 20-4-203
Application for change
Status: in_force

The party applying for a change of venue shall make a statement of facts, in writing, under oath or affirmation, that the party verily believes that, owing to prejudice, or other causes then existing, the party cannot have a fair and impartial trial in the county, or before the general sessions judge, where the cause is pending, the truth of which statement shall, in a court of record, be verified and supported by the oath of at least three (3), and before a general sessions judge, of one (1) or more, respectable and disinterested persons. Code 1858, § 2837 (deriv. Acts 1825, ch. 78, § 1); Acts 1870, ch. 5, § 3; Shan., § 4551; mod. Code 1932, § 8684; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-503.
The party applying for a change of venue shall make a statement of facts, in writing, under oath or affirmation, that the party verily believes that, owing to prejudice, or other causes then existing, the party cannot have a fair and impartial trial in the county, or before the general sessions judge, where the cause is pending, the truth of which statement shall, in a court of record, be verified and supported by the oath of at least three (3), and before a general sessions judge, of one (1) or more, respectable and disinterested persons.
Code 1858, § 2837 (deriv. Acts 1825, ch. 78, § 1); Acts 1870, ch. 5, § 3; Shan., § 4551; mod. Code 1932, § 8684; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-503.
Tenn. Code Ann. § 20-12-145 — TN Code / Title 20 / Chapter 12 / Section 20-12-145
Recoverable costs on appeal
Status: in_force

Recoverable costs on appeal include, but are not limited to, the cost of preparing and transmitting the record; the cost of a transcript of the evidence or proceedings; the cost of producing necessary copies of briefs and the record; premiums paid for bonds to preserve rights pending appeal and costs incurred to obtain such bonds, including the cost of letters of credit or other costs incurred to provide security for such bonds pending appeal; litigation taxes; and any other fees of the appellate court or clerk. Added by 2023 Tenn. Acts, ch. 62, s 1, eff. 3/23/2023.
Recoverable costs on appeal include, but are not limited to, the cost of preparing and transmitting the record; the cost of a transcript of the evidence or proceedings; the cost of producing necessary copies of briefs and the record; premiums paid for bonds to preserve rights pending appeal and costs incurred to obtain such bonds, including the cost of letters of credit or other costs incurred to provide security for such bonds pending appeal; litigation taxes; and any other fees of the appellate court or clerk.
Added by 2023 Tenn. Acts, ch. 62, s 1, eff. 3/23/2023.
Tenn. Code Ann. § 20-1-119 — TN Code / Title 20 / Chapter 1 / Section 20-1-119
Comparative fault - Joinder of third party defendants
Status: in_force

(a) (1) In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either: (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a). (2) In a civil action filed against an owner and operator of an uninsured motor vehicle, as defined in § 56-7-1202 , where comparative fault is or becomes an issue, if an insurance company, served pursuant to § 56-7-1206 with an original complaint initiating a suit filed within the applicable statute of limitations, or served pursuant to § 56-7-1206 with an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either: (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a). (b) A cause of action brought within ninety (90) days pursuant to subsection (a) shall not be barred by any statute of limitations. This section shall not extend any applicable statute of repose, nor shall this section permit the plaintiff to maintain an action against a person when such an action is barred by an applicable statute of repose. (c) This section shall neither shorten nor lengthen the applicable statute of limitations for any cause of action, other than as provided in subsection (a). (d) Subsections (a) and (b) shall not apply to any civil action commenced pursuant to § 28-1-105 , except an action originally commenced in general sessions court and subsequently recommenced in circuit or chancery court. (e) This section shall not limit the right of any defendant to allege in an answer or amended answer that a person not a party to the suit caused or contributed to the injury for which the plaintiff seeks recovery. (f) As used in this section, "person" means any individual or legal entity. (g) Notwithstanding any law to the contrary, this section applies to suits involving governmental entities. Amended by 2023 Tenn. Acts, ch. 294, s 1, eff. 7/1/2023. Acts 1993, ch. 407, § 1; 1999, ch. 485, § 1.
(a) (1) In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either: (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a). (2) In a civil action filed against an owner and operator of an uninsured motor vehicle, as defined in § 56-7-1202 , where comparative fault is or becomes an issue, if an insurance company, served pursuant to § 56-7-1206 with an original complaint initiating a suit filed within the applicable statute of limitations, or served pursuant to § 56-7-1206 with an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either: (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
(1) In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either: (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
(A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or
(B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
(2) In a civil action filed against an owner and operator of an uninsured motor vehicle, as defined in § 56-7-1202 , where comparative fault is or becomes an issue, if an insurance company, served pursuant to § 56-7-1206 with an original complaint initiating a suit filed within the applicable statute of limitations, or served pursuant to § 56-7-1206 with an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either: (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
(A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or
(B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
(b) A cause of action brought within ninety (90) days pursuant to subsection (a) shall not be barred by any statute of limitations. This section shall not extend any applicable statute of repose, nor shall this section permit the plaintiff to maintain an action against a person when such an action is barred by an applicable statute of repose.
(c) This section shall neither shorten nor lengthen the applicable statute of limitations for any cause of action, other than as provided in subsection (a).
(d) Subsections (a) and (b) shall not apply to any civil action commenced pursuant to § 28-1-105 , except an action originally commenced in general sessions court and subsequently recommenced in circuit or chancery court.
(e) This section shall not limit the right of any defendant to allege in an answer or amended answer that a person not a party to the suit caused or contributed to the injury for which the plaintiff seeks recovery.
(f) As used in this section, "person" means any individual or legal entity.
(g) Notwithstanding any law to the contrary, this section applies to suits involving governmental entities.
Amended by 2023 Tenn. Acts, ch. 294, s 1, eff. 7/1/2023.
Acts 1993, ch. 407, § 1; 1999, ch. 485, § 1.
Tenn. Code Ann. § 20-12-122 — TN Code / Title 20 / Chapter 12 / Section 20-12-122
Actions commenced by petition or motion
Status: in_force

In any action commenced by petition or motion, the plaintiff may be required to give security. Code 1858, § 3189 (deriv. Acts 1826, ch. 29, § 1); Shan., § 4925; Code 1932, § 9077; T.C.A. (orig. ed.), § 20-1624.
In any action commenced by petition or motion, the plaintiff may be required to give security.
Code 1858, § 3189 (deriv. Acts 1826, ch. 29, § 1); Shan., § 4925; Code 1932, § 9077; T.C.A. (orig. ed.), § 20-1624.
Tenn. Code Ann. § 20-2-109 — TN Code / Title 20 / Chapter 2 / Section 20-2-109
Service on joint obligor on negotiable paper
Status: in_force

In joint actions on negotiable paper, service of a counterpart writ on the drawer or maker shall not be sufficient service to hold the drawer or maker to answer the action, unless the original writ was executed on a joint drawer or maker. Code 1858, § 2823 (deriv. Acts 1827, ch. 74, § 2); Shan., § 4528; Code 1932, § 8655; T.C.A. (orig. ed.), § 20-212.
In joint actions on negotiable paper, service of a counterpart writ on the drawer or maker shall not be sufficient service to hold the drawer or maker to answer the action, unless the original writ was executed on a joint drawer or maker.
Code 1858, § 2823 (deriv. Acts 1827, ch. 74, § 2); Shan., § 4528; Code 1932, § 8655; T.C.A. (orig. ed.), § 20-212.
Tenn. Code Ann. § 20-12-127 — TN Code / Title 20 / Chapter 12 / Section 20-12-127
Pauper's oath
Status: in_force

(a) Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by: (1) Filing the following oath of poverty: I, ______________, do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief; and (2) Filing an accompanying affidavit of indigency as prescribed by court rule. (b) The filing of a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the person filing the action from responsibility for the costs or taxes but suspends their collection until taxed by the court. Code 1858, § 3192 (deriv. Acts 1821, ch. 22, §§ 1, 2; 1829, ch. 88, § 1); Acts 1891, ch. 221, § 1; 1897, ch. 100, § 1; 1901, ch. 126, § 1; 1903, ch. 197, § 1; Shan., § 4928; Code 1932, § 9080; Acts 1957, ch. 20, § 1; T.C.A. (orig. ed.), §20-1629; Acts 1983, ch. 393, § 1; 1995, ch. 242, § 1.
(a) Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by: (1) Filing the following oath of poverty: I, ______________, do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief; and (2) Filing an accompanying affidavit of indigency as prescribed by court rule.
(1) Filing the following oath of poverty: I, ______________, do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief; and
I, ______________, do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief; and
(2) Filing an accompanying affidavit of indigency as prescribed by court rule.
(b) The filing of a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the person filing the action from responsibility for the costs or taxes but suspends their collection until taxed by the court.
Code 1858, § 3192 (deriv. Acts 1821, ch. 22, §§ 1, 2; 1829, ch. 88, § 1); Acts 1891, ch. 221, § 1; 1897, ch. 100, § 1; 1901, ch. 126, § 1; 1903, ch. 197, § 1; Shan., § 4928; Code 1932, § 9080; Acts 1957, ch. 20, § 1; T.C.A. (orig. ed.), §20-1629; Acts 1983, ch. 393, § 1; 1995, ch. 242, § 1.
Tenn. Code Ann. § 20-9-607 — TN Code / Title 20 / Chapter 9 / Section 20-9-607
Rules and regulations
Status: in_force

The board shall promulgate rules and regulations necessary to implement, administer and otherwise effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules and regulations shall be published in the standards of professional practice and made available to all licensees. Acts 2009, ch. 450, § 1.
The board shall promulgate rules and regulations necessary to implement, administer and otherwise effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules and regulations shall be published in the standards of professional practice and made available to all licensees.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-9-509 — TN Code / Title 20 / Chapter 9 / Section 20-9-509
Poll of jury in open court - Persons present
Status: in_force

(a) The juries shall not be polled otherwise than in open court. (b) (1) In felony cases they shall not be polled unless the defendant is present in open court. (2) In all other cases, the respective parties, either the state or the defendant in criminal cases or the plaintiff or the defendant in civil cases, may waive their presence at the time the jury is polled. Acts 1955, ch. 239, § 2; T.C.A., § 20-1325.
(a) The juries shall not be polled otherwise than in open court.
(b) (1) In felony cases they shall not be polled unless the defendant is present in open court. (2) In all other cases, the respective parties, either the state or the defendant in criminal cases or the plaintiff or the defendant in civil cases, may waive their presence at the time the jury is polled.
(1) In felony cases they shall not be polled unless the defendant is present in open court.
(2) In all other cases, the respective parties, either the state or the defendant in criminal cases or the plaintiff or the defendant in civil cases, may waive their presence at the time the jury is polled.
Acts 1955, ch. 239, § 2; T.C.A., § 20-1325.
Tenn. Code Ann. § 20-3-102 — TN Code / Title 20 / Chapter 3 / Section 20-3-102
Duties of register
Status: in_force

It is the duty of the register immediately to file the abstract and to record the abstract in the lien book. Code 1932, § 8055; T.C.A (orig. ed.), § 20-303.
It is the duty of the register immediately to file the abstract and to record the abstract in the lien book.
Code 1932, § 8055; T.C.A (orig. ed.), § 20-303.
Tenn. Code Ann. § 20-9-302 — TN Code / Title 20 / Chapter 9 / Section 20-9-302
Declaration may be read to jury
Status: in_force

In the trial of any civil suit, counsel shall be permitted to read the counsel's entire declaration, including the amount sued for, to the jury at the beginning of the lawsuit, and may refer to the declaration in argument or summation to the jury. Acts 1963, ch. 79, § 3; T.C.A., § 20-1328.
In the trial of any civil suit, counsel shall be permitted to read the counsel's entire declaration, including the amount sued for, to the jury at the beginning of the lawsuit, and may refer to the declaration in argument or summation to the jury.
Acts 1963, ch. 79, § 3; T.C.A., § 20-1328.
Tenn. Code Ann. § 20-2-202 — TN Code / Title 20 / Chapter 2 / Section 20-2-202
Actions against unincorporated associations and nonresident partnerships
Status: in_force

(a) Any unincorporated association or organization, whether resident or nonresident, including nonresident partnerships and nonresident trusts, doing or desiring to do business in this state by performing any of the acts for which it was formed, shall, before any such acts are performed, appoint an agent in this state upon whom all process may be served, and certify to the clerk of the circuit court of each county in which the association or organization desires to perform any of the acts for which it was organized the name and address of the process agent. (b) (1) If the unincorporated association or organization fails to appoint the process agent pursuant to this section, all process may be served upon the secretary of the state of Tennessee; (2) Upon such service, the secretary of state, by registered or certified return receipt mail, shall forward a copy of the process to the last known address of the unincorporated association or organization. (c) Service upon the process agent appointed pursuant to this section, or upon the secretary of state if no process agent is appointed, shall be legal and binding on the association or organization, and any judgment recovered in any action commenced by service of process, as provided in this section, shall be valid and may be collected out of any real or personal property belonging to the association or organization. Acts 1947, ch. 32, § 1; mod. C. Supp. 1950, § 8679.1 (Williams, §§ 8681.1-8681.3); modified; Acts 1959, ch. 110, § 1; 1963, ch. 254, § 1; T.C.A. (orig. ed.), § 20-223; Acts 1981, ch. 215, § 1.
(a) Any unincorporated association or organization, whether resident or nonresident, including nonresident partnerships and nonresident trusts, doing or desiring to do business in this state by performing any of the acts for which it was formed, shall, before any such acts are performed, appoint an agent in this state upon whom all process may be served, and certify to the clerk of the circuit court of each county in which the association or organization desires to perform any of the acts for which it was organized the name and address of the process agent.
(b) (1) If the unincorporated association or organization fails to appoint the process agent pursuant to this section, all process may be served upon the secretary of the state of Tennessee; (2) Upon such service, the secretary of state, by registered or certified return receipt mail, shall forward a copy of the process to the last known address of the unincorporated association or organization.
(1) If the unincorporated association or organization fails to appoint the process agent pursuant to this section, all process may be served upon the secretary of the state of Tennessee;
(2) Upon such service, the secretary of state, by registered or certified return receipt mail, shall forward a copy of the process to the last known address of the unincorporated association or organization.
(c) Service upon the process agent appointed pursuant to this section, or upon the secretary of state if no process agent is appointed, shall be legal and binding on the association or organization, and any judgment recovered in any action commenced by service of process, as provided in this section, shall be valid and may be collected out of any real or personal property belonging to the association or organization.
Acts 1947, ch. 32, § 1; mod. C. Supp. 1950, § 8679.1 (Williams, §§ 8681.1-8681.3); modified; Acts 1959, ch. 110, § 1; 1963, ch. 254, § 1; T.C.A. (orig. ed.), § 20-223; Acts 1981, ch. 215, § 1.
Tenn. Code Ann. § 20-14-101 — TN Code / Title 20 / Chapter 14 / Section 20-14-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the employee's place of work, entering the workplace of an employee, following an employee during hours of employment, telephone calls to an employee, and correspondence with an employee, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile or computer e-mail; (2) "Credible threat of violence" means a knowing and willful statement or course of conduct that would cause a reasonable person to believe that the person is under threat of death or serious bodily injury and that is intended to, and that actually causes, a person to believe that the person is under threat of death or serious bodily injury; (3) "Employer" means any person or entity that employs one (1) or more employees and shall include the state and its political subdivisions and instrumentalities; and (4) "Unlawful violence" means assault, aggravated assault, stalking, intimidation, or extortion as prohibited by §§ 39-13-101 , 39-13-102 , 39-17-315 , 39-17-309 and 39-14-112 . Acts 2002, ch. 541, §2; 2011 , ch. 315, §§ 1, 2.
As used in this chapter, unless the context otherwise requires:
(1) "Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the employee's place of work, entering the workplace of an employee, following an employee during hours of employment, telephone calls to an employee, and correspondence with an employee, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile or computer e-mail;
(2) "Credible threat of violence" means a knowing and willful statement or course of conduct that would cause a reasonable person to believe that the person is under threat of death or serious bodily injury and that is intended to, and that actually causes, a person to believe that the person is under threat of death or serious bodily injury;
(3) "Employer" means any person or entity that employs one (1) or more employees and shall include the state and its political subdivisions and instrumentalities; and
(4) "Unlawful violence" means assault, aggravated assault, stalking, intimidation, or extortion as prohibited by §§ 39-13-101 , 39-13-102 , 39-17-315 , 39-17-309 and 39-14-112 .
Acts 2002, ch. 541, §2; 2011 , ch. 315, §§ 1, 2.
Tenn. Code Ann. § 20-9-301 — TN Code / Title 20 / Chapter 9 / Section 20-9-301
Opening statements - Right of parties to make
Status: in_force

In all actions of a civil or criminal nature tried before a jury, all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective contentions, views of the facts and theories of the lawsuit. Acts 1969, ch. 90, § 1; T.C.A., § 20-1329.
In all actions of a civil or criminal nature tried before a jury, all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective contentions, views of the facts and theories of the lawsuit.
Acts 1969, ch. 90, § 1; T.C.A., § 20-1329.
Tenn. Code Ann. § 20-2-221 — TN Code / Title 20 / Chapter 2 / Section 20-2-221
"Person" defined
Status: in_force

As used in §§ 20-2-222 - 20-2-225, "person" includes an individual, executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state. Acts 1997, ch. 226, § 1.
As used in §§ 20-2-222 - 20-2-225, "person" includes an individual, executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
Acts 1997, ch. 226, § 1.
Tenn. Code Ann. § 20-12-117 — TN Code / Title 20 / Chapter 12 / Section 20-12-117
Taxation between defendants
Status: in_force

The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant's benefit. Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., §4952; Code 1932, § 9105; T.C.A. (orig. ed.), § 20-1619.
The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant's benefit.
Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., §4952; Code 1932, § 9105; T.C.A. (orig. ed.), § 20-1619.
Tenn. Code Ann. § 20-13-109 — TN Code / Title 20 / Chapter 13 / Section 20-13-109
Tax recovery by other states
Status: in_force

Any state of the United States or the political subdivisions of any state shall have the right to sue in the courts of this state to recover any tax that may be owing to it when the like right is accorded to this state and its political subdivisions by such state. Acts 1949, ch. 157, § 1; C. Supp. 1950, § 8639.1; T.C.A. (orig. ed.), § 20-1709.
Any state of the United States or the political subdivisions of any state shall have the right to sue in the courts of this state to recover any tax that may be owing to it when the like right is accorded to this state and its political subdivisions by such state.
Acts 1949, ch. 157, § 1; C. Supp. 1950, § 8639.1; T.C.A. (orig. ed.), § 20-1709.
Tenn. Code Ann. § 20-12-136 — TN Code / Title 20 / Chapter 12 / Section 20-12-136
Execution against principal and surety
Status: in_force

Where the costs in any case in a court of record, or before a judge of the court of general sessions, are adjudged against a party, judgment shall be rendered jointly against the party and the party's sureties, but the execution issued on the costs shall be collected from the party, if it can be. If execution cannot be collected from the party, then it shall be collected from the sureties. Execution issued against an attorney as surety, for security taken or recorded after July 1, 1999, shall collect only the amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs. Acts 1859-1860, ch. 120, § 2; Shan., § 4936; Code 1932, § 9089; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1638; Acts 1999, ch. 207, § 3.
Where the costs in any case in a court of record, or before a judge of the court of general sessions, are adjudged against a party, judgment shall be rendered jointly against the party and the party's sureties, but the execution issued on the costs shall be collected from the party, if it can be. If execution cannot be collected from the party, then it shall be collected from the sureties. Execution issued against an attorney as surety, for security taken or recorded after July 1, 1999, shall collect only the amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.
Acts 1859-1860, ch. 120, § 2; Shan., § 4936; Code 1932, § 9089; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1638; Acts 1999, ch. 207, § 3.
Tenn. Code Ann. § 20-9-508 — TN Code / Title 20 / Chapter 9 / Section 20-9-508
Poll of jury on request
Status: in_force

The trial judges in all courts of record in which suits are tried by juries, in both criminal and civil cases, shall be required to poll the jury on application of either the state or the defendant in criminal cases and either the plaintiff or the defendant in civil cases, without exception. Acts 1955, ch. 239, § 1; T.C.A., § 20-1324.
The trial judges in all courts of record in which suits are tried by juries, in both criminal and civil cases, shall be required to poll the jury on application of either the state or the defendant in criminal cases and either the plaintiff or the defendant in civil cases, without exception.
Acts 1955, ch. 239, § 1; T.C.A., § 20-1324.
Tenn. Code Ann. § 20-12-135 — TN Code / Title 20 / Chapter 12 / Section 20-12-135
Judgment against surety
Status: in_force

When security is given, judgment may, on motion, be rendered against the surety for costs, as well as against the principal. Judgment against an attorney as surety, for security taken or recorded after July 1, 1999, shall extend only to amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs. Code 1858, § 3196 (deriv. Acts 1847-1848, ch. 62, § 1); Shan., §4934; Code 1932, § 9087; T.C.A. (orig. ed.), § 20-1637; Acts 1999, ch. 207, § 2.
When security is given, judgment may, on motion, be rendered against the surety for costs, as well as against the principal. Judgment against an attorney as surety, for security taken or recorded after July 1, 1999, shall extend only to amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.
Code 1858, § 3196 (deriv. Acts 1847-1848, ch. 62, § 1); Shan., §4934; Code 1932, § 9087; T.C.A. (orig. ed.), § 20-1637; Acts 1999, ch. 207, § 2.
Tenn. Code Ann. § 20-4-101 — TN Code / Title 20 / Chapter 4 / Section 20-4-101
Transitory actions
Status: in_force

(a) In all civil actions of a transitory nature, unless venue is otherwise expressly provided for, the action may be brought in the county where the cause of action arose or in the county where the individual defendant resides. (b) If, however, the plaintiff and defendant both reside in the same county in this state, then the action shall be brought either in the county where the cause of action arose or in the county of their residence. (c) Where the action is brought either in the county where the cause of action arose or in the county where the defendant resides, process may be sent to another county as in local action, and it shall not be necessary nor required that the defendant be in the county of action either when the action is commenced or during the time between the commencement of the action and service of process. Code 1858, §§ 2808, 2809 (deriv. Acts 1809 (Sept.), ch. 126, § 3); Shan., §§ 4513, 4514; Code 1932, §§ 8640, 8641; Acts 1967, ch. 55, § 1; 1971, ch. 51, § 1; 1972, ch. 446, § 1; T.C.A. (orig. ed.), § 20-401; Acts 2011, ch. 510, § 3.
(a) In all civil actions of a transitory nature, unless venue is otherwise expressly provided for, the action may be brought in the county where the cause of action arose or in the county where the individual defendant resides.
(b) If, however, the plaintiff and defendant both reside in the same county in this state, then the action shall be brought either in the county where the cause of action arose or in the county of their residence.
(c) Where the action is brought either in the county where the cause of action arose or in the county where the defendant resides, process may be sent to another county as in local action, and it shall not be necessary nor required that the defendant be in the county of action either when the action is commenced or during the time between the commencement of the action and service of process.
Code 1858, §§ 2808, 2809 (deriv. Acts 1809 (Sept.), ch. 126, § 3); Shan., §§ 4513, 4514; Code 1932, §§ 8640, 8641; Acts 1967, ch. 55, § 1; 1971, ch. 51, § 1; 1972, ch. 446, § 1; T.C.A. (orig. ed.), § 20-401; Acts 2011, ch. 510, § 3.
Tenn. Code Ann. § 20-8-103 — TN Code / Title 20 / Chapter 8 / Section 20-8-103
Order of trial
Status: in_force

Causes, except those given preference by law, thus docketed shall be tried and disposed of in their order, unless the parties consent to a different arrangement or rules of practice otherwise provide. Code 1858, § 2947; Shan., § 4668; mod. Code 1932, § 8796; T.C.A. (orig. ed.), § 20-1209.
Causes, except those given preference by law, thus docketed shall be tried and disposed of in their order, unless the parties consent to a different arrangement or rules of practice otherwise provide.
Code 1858, § 2947; Shan., § 4668; mod. Code 1932, § 8796; T.C.A. (orig. ed.), § 20-1209.
Tenn. Code Ann. § 20-17-109 — TN Code / Title 20 / Chapter 17 / Section 20-17-109
Intent of chapter
Status: in_force

This chapter is intended to provide an additional substantive remedy to protect the constitutional rights of parties and to supplement any remedies which are otherwise available to those parties under common law, statutory law, or constitutional law or under the Tennessee Rules of Civil Procedure. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
This chapter is intended to provide an additional substantive remedy to protect the constitutional rights of parties and to supplement any remedies which are otherwise available to those parties under common law, statutory law, or constitutional law or under the Tennessee Rules of Civil Procedure.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-9-304 — TN Code / Title 20 / Chapter 9 / Section 20-9-304
Monetary value of pain and suffering permitted in argument
Status: in_force

In the trial of a civil suit for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, that the argument shall conform to the evidence or reasonable deduction from the evidence in such case. Acts 1963, ch. 79, § 2; T.C.A., § 20-1327.
In the trial of a civil suit for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, that the argument shall conform to the evidence or reasonable deduction from the evidence in such case.
Acts 1963, ch. 79, § 2; T.C.A., § 20-1327.
Tenn. Code Ann. § 20-7-101 — TN Code / Title 20 / Chapter 7 / Section 20-7-101
Grounds - Timing
Status: in_force

Continuances are regulated by this chapter, and may always be granted by the court, upon good cause shown, in any stage of the action. Code 1858, § 4245 (deriv. Acts 1794, ch. 1, § 26); Shan., §6083; mod. Code 1932, § 10341; T.C.A. (orig. ed.), § 20-1101.
Continuances are regulated by this chapter, and may always be granted by the court, upon good cause shown, in any stage of the action.
Code 1858, § 4245 (deriv. Acts 1794, ch. 1, § 26); Shan., §6083; mod. Code 1932, § 10341; T.C.A. (orig. ed.), § 20-1101.
Tenn. Code Ann. § 20-18-105 — TN Code / Title 20 / Chapter 18 / Section 20-18-105
Restrictions on substitute plan for plan enacted by general assembly apportioning or redistricting state legislative or congressional districts - Interim districting plan - Appeal
Status: in_force

(a) Pursuant to Article II, Sections 4, 5, and 6 of the Constitution of Tennessee, which vest the power of apportionment with the general assembly, a court, including the supreme court or a three-judge panel, shall not impose a substitute plan for a plan enacted by the general assembly apportioning or redistricting state legislative or congressional districts under this chapter unless the court first gives the general assembly a period of time to remedy any defects identified by the court in the court's findings of fact and conclusions of law. The period of time given must not be less than fifteen (15) calendar days from the issuance of the court's findings of fact and conclusions of law, and in setting the period of time, the court shall consider whether the general assembly is currently in session or out of session. (b) If the general assembly does not enact a new plan within the period of time set by the court pursuant to subsection (a), then the court may impose an interim districting plan for use only in the next election cycle, provided the interim districting plan differs from the districting plan enacted by the general assembly only to the extent necessary to remedy any defects identified by the court. (c) A party in an action challenging a statute that apportions or redistricts state legislative or congressional districts that is dissatisfied with the final judgment of the three-judge panel may appeal to the supreme court, as a matter of right, within thirty (30) days from the entry of the judgment of the three-judge panel. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure. Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
(a) Pursuant to Article II, Sections 4, 5, and 6 of the Constitution of Tennessee, which vest the power of apportionment with the general assembly, a court, including the supreme court or a three-judge panel, shall not impose a substitute plan for a plan enacted by the general assembly apportioning or redistricting state legislative or congressional districts under this chapter unless the court first gives the general assembly a period of time to remedy any defects identified by the court in the court's findings of fact and conclusions of law. The period of time given must not be less than fifteen (15) calendar days from the issuance of the court's findings of fact and conclusions of law, and in setting the period of time, the court shall consider whether the general assembly is currently in session or out of session.
(b) If the general assembly does not enact a new plan within the period of time set by the court pursuant to subsection (a), then the court may impose an interim districting plan for use only in the next election cycle, provided the interim districting plan differs from the districting plan enacted by the general assembly only to the extent necessary to remedy any defects identified by the court.
(c) A party in an action challenging a statute that apportions or redistricts state legislative or congressional districts that is dissatisfied with the final judgment of the three-judge panel may appeal to the supreme court, as a matter of right, within thirty (30) days from the entry of the judgment of the three-judge panel. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 20-12-140 — TN Code / Title 20 / Chapter 12 / Section 20-12-140
Payments from appellate to trial court
Status: in_force

When the costs accrued in the appellate court, and in the court below, are paid to the clerk of the appellate court, the clerk of the appellate court shall pay so much of them as accrued in the court below to the clerk of the court and take a receipt for the payment. Code 1858, § 3217; Shan., § 4959; Code 1932, § 9112; T.C.A. (orig. ed.), § 20-1642.
When the costs accrued in the appellate court, and in the court below, are paid to the clerk of the appellate court, the clerk of the appellate court shall pay so much of them as accrued in the court below to the clerk of the court and take a receipt for the payment.
Code 1858, § 3217; Shan., § 4959; Code 1932, § 9112; T.C.A. (orig. ed.), § 20-1642.
Tenn. Code Ann. § 20-5-117 — TN Code / Title 20 / Chapter 5 / Section 20-5-117
Death of nominal plaintiff
Status: in_force

Where a suit is commenced in the name of one person for the use of another and the nominal plaintiff dies, the suit may be prosecuted without a revivor, as if the death had not happened. Code 1858, § 2858 (deriv. Acts 1825, ch. 29, § 3); Shan., § 4578; Code 1932, § 8703; T.C.A. (orig. ed.), § 20-621.
Where a suit is commenced in the name of one person for the use of another and the nominal plaintiff dies, the suit may be prosecuted without a revivor, as if the death had not happened.
Code 1858, § 2858 (deriv. Acts 1825, ch. 29, § 3); Shan., § 4578; Code 1932, § 8703; T.C.A. (orig. ed.), § 20-621.
Tenn. Code Ann. § 20-2-213 — TN Code / Title 20 / Chapter 2 / Section 20-2-213
Other methods of service unaffected
Status: in_force

Nothing in §§ 20-2-209 - 20-2-212 and this section shall be construed as affecting other methods of process against nonresidents as provided by existing laws. Acts 1961, ch. 246, § 5; T.C.A., § 20-234.
Nothing in §§ 20-2-209 - 20-2-212 and this section shall be construed as affecting other methods of process against nonresidents as provided by existing laws.
Acts 1961, ch. 246, § 5; T.C.A., § 20-234.
Tenn. Code Ann. § 20-11-103 — TN Code / Title 20 / Chapter 11 / Section 20-11-103
Defective verdict
Status: in_force

Any defect in entering a verdict where there are different issues, or the verdict is not responsive to the issues, shall be objected to before judgment is entered, or the objection will be considered waived. Code 1858, § 2873 (deriv. Acts 1851-1852, ch. 152, § 7); Shan., §4593; Code 1932, § 8717; T.C.A. (orig. ed.), § 20-1509.
Any defect in entering a verdict where there are different issues, or the verdict is not responsive to the issues, shall be objected to before judgment is entered, or the objection will be considered waived.
Code 1858, § 2873 (deriv. Acts 1851-1852, ch. 152, § 7); Shan., §4593; Code 1932, § 8717; T.C.A. (orig. ed.), § 20-1509.
Tenn. Code Ann. § 20-4-206 — TN Code / Title 20 / Chapter 4 / Section 20-4-206
Court to which changed - Special venire
Status: in_force

(a) The change of venue in a court of record shall be made to the nearest adjoining county free from the like exception, whether in the same judicial district or out of it. (b) Before a general sessions judge, it shall be made to the nearest judge of the court of general sessions of the same county free from like exceptions. (c) Upon an order for a special venire of jurors from a court other than the court of record, as authorized by § 20-4-201 , the jury selection shall be made from the nearest adjoining county free from the like exception, whether in the same judicial district or out of it. Code 1858, § 2839 (deriv. Acts 1809 (Sept.), ch. 49, § 17); Acts 1870, ch. 5, § 4; Shan., § 4553; Code 1932, § 8686; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-506; Acts 1995, ch. 321, § 2.
(a) The change of venue in a court of record shall be made to the nearest adjoining county free from the like exception, whether in the same judicial district or out of it.
(b) Before a general sessions judge, it shall be made to the nearest judge of the court of general sessions of the same county free from like exceptions.
(c) Upon an order for a special venire of jurors from a court other than the court of record, as authorized by § 20-4-201 , the jury selection shall be made from the nearest adjoining county free from the like exception, whether in the same judicial district or out of it.
Code 1858, § 2839 (deriv. Acts 1809 (Sept.), ch. 49, § 17); Acts 1870, ch. 5, § 4; Shan., § 4553; Code 1932, § 8686; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-506; Acts 1995, ch. 321, § 2.
Tenn. Code Ann. § 20-9-606 — TN Code / Title 20 / Chapter 9 / Section 20-9-606
Complaints - Remedies
Status: in_force

(a) All complaints shall be in writing, signed by the person making the complaint, and addressed to the chair of the board. All complaints shall contain the name and address of the person against whom the complaint is brought and a description of the conduct giving rise to the complaint. Complaints shall be submitted within ninety (90) days of the conduct complained about, and a copy shall be provided to the licensed court reporter within five (5) business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint receives actual notice. After investigation of the charges, the board shall determine if a hearing is warranted, dismiss the complaint, or take other action the board deems appropriate. Any hearing deemed warranted shall be conducted in accordance with the contested cases provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) The board may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or violation of this part. Acts 2009, ch. 450, § 1.
(a) All complaints shall be in writing, signed by the person making the complaint, and addressed to the chair of the board. All complaints shall contain the name and address of the person against whom the complaint is brought and a description of the conduct giving rise to the complaint. Complaints shall be submitted within ninety (90) days of the conduct complained about, and a copy shall be provided to the licensed court reporter within five (5) business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint receives actual notice. After investigation of the charges, the board shall determine if a hearing is warranted, dismiss the complaint, or take other action the board deems appropriate. Any hearing deemed warranted shall be conducted in accordance with the contested cases provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) The board may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or violation of this part.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-12-111 — TN Code / Title 20 / Chapter 12 / Section 20-12-111
Appeal from general sessions court
Status: in_force

If the appeal of the defendant from a judgment of a court of general sessions is dismissed for any cause, the original plaintiff is the successful party, and so of other cases. Code 1858, § 3202; Shan., § 4943; Code 1932, § 9096; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1611.
If the appeal of the defendant from a judgment of a court of general sessions is dismissed for any cause, the original plaintiff is the successful party, and so of other cases.
Code 1858, § 3202; Shan., § 4943; Code 1932, § 9096; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1611.
Tenn. Code Ann. § 20-17-102 — TN Code / Title 20 / Chapter 17 / Section 20-17-102
Purpose of chapter
Status: in_force

The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, to speak freely, to associate freely, and to participate in government to the fullest extent permitted by law and, at the same time, protect the rights of persons to file meritorious lawsuits for demonstrable injury. This chapter is consistent with and necessary to implement the rights protected by the Constitution of Tennessee, Article I, §§ 19 and 23, as well as by the First Amendment to the United States Constitution, and shall be construed broadly to effectuate its purposes and intent. Added by 2019 Tenn. Acts, ch. 185, s 1, eff. 7/1/2019.
The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, to speak freely, to associate freely, and to participate in government to the fullest extent permitted by law and, at the same time, protect the rights of persons to file meritorious lawsuits for demonstrable injury. This chapter is consistent with and necessary to implement the rights protected by the Constitution of Tennessee, Article I, §§ 19 and 23, as well as by the First Amendment to the United States Constitution, and shall be construed broadly to effectuate its purposes and intent.
Added by 2019 Tenn. Acts, ch. 185, s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-2-206 — TN Code / Title 20 / Chapter 2 / Section 20-2-206
Evidence of service through secretary of state
Status: in_force

The original process, endorsed as provided in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of § 20-2-205 , and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date of the secretary of state's mailing the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state. Code 1932, § 8673; T.C.A. (orig. ed.), § 20-227.
The original process, endorsed as provided in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of § 20-2-205 , and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date of the secretary of state's mailing the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.
Code 1932, § 8673; T.C.A. (orig. ed.), § 20-227.
Tenn. Code Ann. § 20-12-107 — TN Code / Title 20 / Chapter 12 / Section 20-12-107
Omitted costs
Status: in_force

Costs omitted in taxing the bills of costs may be retaxed at any time upon application to the court; but if the judgment for costs has been paid, the party against whom the retaxation is asked shall have five (5) days' notice of the application. Code 1858, § 3211 (deriv. Acts 1855-1856, ch. 70, § 1); Shan., §4953; Code 1932, § 9106; T.C.A. (orig. ed.), § 20-1607.
Costs omitted in taxing the bills of costs may be retaxed at any time upon application to the court; but if the judgment for costs has been paid, the party against whom the retaxation is asked shall have five (5) days' notice of the application.
Code 1858, § 3211 (deriv. Acts 1855-1856, ch. 70, § 1); Shan., §4953; Code 1932, § 9106; T.C.A. (orig. ed.), § 20-1607.
Tenn. Code Ann. § 20-9-303 — TN Code / Title 20 / Chapter 9 / Section 20-9-303
Demonstrative evidence permitted in argument
Status: in_force

In the trial of any civil suit, counsel for either party shall be permitted to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with the counsel's argument to the jury for the purpose of illustrating the counsel's contentions with respect to the issues that are to be decided by the jury; provided, that counsel shall not, in writing, present any argument that could not properly be made orally. Acts 1963, ch. 79, § 1; T.C.A., § 20-1326.
In the trial of any civil suit, counsel for either party shall be permitted to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with the counsel's argument to the jury for the purpose of illustrating the counsel's contentions with respect to the issues that are to be decided by the jury; provided, that counsel shall not, in writing, present any argument that could not properly be made orally.
Acts 1963, ch. 79, § 1; T.C.A., § 20-1326.
Tenn. Code Ann. § 20-17-106 — TN Code / Title 20 / Chapter 17 / Section 20-17-106
Appeal of order dismissing or refusing to dismiss legal action
Status: in_force

The court's order dismissing or refusing to dismiss a legal action pursuant to a petition filed under this chapter is immediately appealable as a matter of right to the court of appeals. The Tennessee Rules of Appellate Procedure applicable to appeals as a matter of right governs such appeals. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
The court's order dismissing or refusing to dismiss a legal action pursuant to a petition filed under this chapter is immediately appealable as a matter of right to the court of appeals. The Tennessee Rules of Appellate Procedure applicable to appeals as a matter of right governs such appeals.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-6-403 — TN Code / Title 20 / Chapter 6 / Section 20-6-403
Judgment molded to facts
Status: in_force

When there are several defendants, the verdicts and judgments, whether the pleadings by them are joint or several, shall be molded according to the facts and to meet the exigencies of the case. Code 1858, § 2923 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., § 4644; Code 1932, § 8773; T.C.A. (orig. ed.), § 20-1006.
When there are several defendants, the verdicts and judgments, whether the pleadings by them are joint or several, shall be molded according to the facts and to meet the exigencies of the case.
Code 1858, § 2923 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., § 4644; Code 1932, § 8773; T.C.A. (orig. ed.), § 20-1006.
Tenn. Code Ann. § 20-8-101 — TN Code / Title 20 / Chapter 8 / Section 20-8-101
Priority of causes
Status: in_force

(a) The clerk shall enter causes upon the clerk's trial docket in the order in which they become ready for trial, giving the cause first ready for trial, either by due course of law or consent of parties, priority of position on the docket. (b) If a number of causes become ready for trial at the same time, they shall be entered on the docket in the order of their commencement. Code 1858, §§ 2945, 2946; Shan., §§ 4666, 4667; Code 1932, §§ 8794, 8795; T.C.A. (orig. ed.), § 20-1207.
(a) The clerk shall enter causes upon the clerk's trial docket in the order in which they become ready for trial, giving the cause first ready for trial, either by due course of law or consent of parties, priority of position on the docket.
(b) If a number of causes become ready for trial at the same time, they shall be entered on the docket in the order of their commencement.
Code 1858, §§ 2945, 2946; Shan., §§ 4666, 4667; Code 1932, §§ 8794, 8795; T.C.A. (orig. ed.), § 20-1207.
Tenn. Code Ann. § 20-13-106 — TN Code / Title 20 / Chapter 13 / Section 20-13-106
Safekeeping of deposited securities
Status: in_force

The court, judge or chancellor shall make such order as the court, judge or chancellor deems necessary for the safekeeping or cancellation and redelivery or appropriation of the securities so deposited. Acts 1873, ch. 78, § 2; Shan., § 4510; Code 1932, § 8637; T.C.A. (orig. ed.), § 20-1706.
The court, judge or chancellor shall make such order as the court, judge or chancellor deems necessary for the safekeeping or cancellation and redelivery or appropriation of the securities so deposited.
Acts 1873, ch. 78, § 2; Shan., § 4510; Code 1932, § 8637; T.C.A. (orig. ed.), § 20-1706.
Tenn. Code Ann. § 20-12-114 — TN Code / Title 20 / Chapter 12 / Section 20-12-114
Nominal damages recovered
Status: in_force

In civil actions founded upon assault, assault and battery, malicious prosecution, false imprisonment or for the recovery of damages for overflowing of water by the erection of a gristmill or other waterworks of utility, the plaintiff recovers no more costs than damages, unless the recovery exceeds five dollars ($5.00). Code 1858, § 3198 (deriv. Acts 1715, ch. 27, § 8; 1811, ch. 91, §1; 1829, ch. 1, § 1; 1851-1852, ch. 146); Shan., § 4939; mod. Code 1932, § 9092; T.C.A. (orig. ed.), § 20-1616.
In civil actions founded upon assault, assault and battery, malicious prosecution, false imprisonment or for the recovery of damages for overflowing of water by the erection of a gristmill or other waterworks of utility, the plaintiff recovers no more costs than damages, unless the recovery exceeds five dollars ($5.00).
Code 1858, § 3198 (deriv. Acts 1715, ch. 27, § 8; 1811, ch. 91, §1; 1829, ch. 1, § 1; 1851-1852, ch. 146); Shan., § 4939; mod. Code 1932, § 9092; T.C.A. (orig. ed.), § 20-1616.
Tenn. Code Ann. § 20-9-101 — TN Code / Title 20 / Chapter 9 / Section 20-9-101
Appointment of court reporter
Status: in_force

Upon the trial of any cause or proceeding in any court of record, upon the request of either party, the judge of such court shall appoint a competent court reporter, who shall first be duly sworn to make a true, impartial and complete stenographic report of all the oral testimony given in trial of the cause or proceeding, as well as the rulings of the judge. Acts 1887, ch. 217, § 1; Shan., § 4695; Code 1932, § 8825; T.C.A. (orig. ed.), § 20-1304; Acts 1994, ch. 897, § 1.
Upon the trial of any cause or proceeding in any court of record, upon the request of either party, the judge of such court shall appoint a competent court reporter, who shall first be duly sworn to make a true, impartial and complete stenographic report of all the oral testimony given in trial of the cause or proceeding, as well as the rulings of the judge.
Acts 1887, ch. 217, § 1; Shan., § 4695; Code 1932, § 8825; T.C.A. (orig. ed.), § 20-1304; Acts 1994, ch. 897, § 1.
Tenn. Code Ann. § 20-9-502 — TN Code / Title 20 / Chapter 9 / Section 20-9-502
Verdict applied to good count
Status: in_force

If any counts in a declaration are good, a verdict for entire damages shall be applied to such good counts. Code 1858, § 2969 (deriv. Acts 1801, ch. 6, § 63); Shan., § 4694; Code 1932, § 8824; T.C.A. (orig. ed.), § 20-1317.
If any counts in a declaration are good, a verdict for entire damages shall be applied to such good counts.
Code 1858, § 2969 (deriv. Acts 1801, ch. 6, § 63); Shan., § 4694; Code 1932, § 8824; T.C.A. (orig. ed.), § 20-1317.
Tenn. Code Ann. § 20-2-225 — TN Code / Title 20 / Chapter 2 / Section 20-2-225
Other bases of jurisdiction unaffected - Jurisdiction whenever permitted by constitution
Status: in_force

A court of this state may exercise jurisdiction: (1) On any other basis authorized by law; or (2) On any basis not inconsistent with the constitution of this state or of the United States. Acts 1997, ch. 226, § 1.
A court of this state may exercise jurisdiction:
(1) On any other basis authorized by law; or
(2) On any basis not inconsistent with the constitution of this state or of the United States.
Acts 1997, ch. 226, § 1.
Tenn. Code Ann. § 20-9-203 — TN Code / Title 20 / Chapter 9 / Section 20-9-203
Disability of juror
Status: in_force

(a) If, after the jury is impaneled, and before verdict, a juror becomes sick or otherwise disabled so as to be unable to perform jury duty, the juror may be discharged by the court. In such case, unless otherwise arranged by the parties, the vacancy may be filled and the trial commenced anew, or the court may, in its discretion, order the jury to be discharged and a new one impaneled. (b) In case of the disability of a juror or jurors, under this section, the cause may be tried and determined, by consent of parties, by the remaining jurors. Code 1858, §§ 2962, 2963 (deriv. Acts 1817, ch. 99, § 1); Shan., §§ 4687, 4688; Code 1932, §§ 8814, 8815; T.C.A. (orig. ed.), § 20-1309.
(a) If, after the jury is impaneled, and before verdict, a juror becomes sick or otherwise disabled so as to be unable to perform jury duty, the juror may be discharged by the court. In such case, unless otherwise arranged by the parties, the vacancy may be filled and the trial commenced anew, or the court may, in its discretion, order the jury to be discharged and a new one impaneled.
(b) In case of the disability of a juror or jurors, under this section, the cause may be tried and determined, by consent of parties, by the remaining jurors.
Code 1858, §§ 2962, 2963 (deriv. Acts 1817, ch. 99, § 1); Shan., §§ 4687, 4688; Code 1932, §§ 8814, 8815; T.C.A. (orig. ed.), § 20-1309.
Tenn. Code Ann. § 20-17-105 — TN Code / Title 20 / Chapter 17 / Section 20-17-105
Burden of proof - Dismissal of legal action
Status: in_force

(a) The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party's exercise of the right to free speech, right to petition, or right of association. (b) If the petitioning party meets this burden, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action. (c) Notwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action. (d) The court may base its decision on supporting and opposing sworn affidavits stating admissible evidence upon which the liability or defense is based and on other admissible evidence presented by the parties. (e) If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice. (f) If the court determines the responding party established a likelihood of prevailing on a claim: (1) The fact that the court made that determination and the substance of the determination may not be admitted into evidence later in the case; and (2) The determination does not affect the burden or standard of proof in the proceeding. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
(a) The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party's exercise of the right to free speech, right to petition, or right of association.
(b) If the petitioning party meets this burden, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.
(c) Notwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.
(d) The court may base its decision on supporting and opposing sworn affidavits stating admissible evidence upon which the liability or defense is based and on other admissible evidence presented by the parties.
(e) If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice.
(f) If the court determines the responding party established a likelihood of prevailing on a claim: (1) The fact that the court made that determination and the substance of the determination may not be admitted into evidence later in the case; and (2) The determination does not affect the burden or standard of proof in the proceeding.
(1) The fact that the court made that determination and the substance of the determination may not be admitted into evidence later in the case; and
(2) The determination does not affect the burden or standard of proof in the proceeding.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-2-201 — TN Code / Title 20 / Chapter 2 / Section 20-2-201
Foreign corporations subject to actions
Status: in_force

(a) Any corporation claiming existence under the laws of the United States or any other state or of any country foreign to the United States, or any business trust found doing business in this state, shall be subject to suit here to the same extent that corporations of this state are by the laws of this state liable to be sued, so far as relates to any transaction had, in whole or in part, within this state or any cause of action arising here, but not otherwise. (b) A corporation or trust having any transaction with persons or having any transaction concerning any property situated in this state, through any agency whatever acting for it within the state, shall be held to be doing business here within the meaning of this section. Acts 1887, ch. 226, §§ 1, 2; Shan., §§ 4543, 4544; mod. Code 1932, §§ 8676, 8677; T.C.A. (orig. ed.), § 20-220.
(a) Any corporation claiming existence under the laws of the United States or any other state or of any country foreign to the United States, or any business trust found doing business in this state, shall be subject to suit here to the same extent that corporations of this state are by the laws of this state liable to be sued, so far as relates to any transaction had, in whole or in part, within this state or any cause of action arising here, but not otherwise.
(b) A corporation or trust having any transaction with persons or having any transaction concerning any property situated in this state, through any agency whatever acting for it within the state, shall be held to be doing business here within the meaning of this section.
Acts 1887, ch. 226, §§ 1, 2; Shan., §§ 4543, 4544; mod. Code 1932, §§ 8676, 8677; T.C.A. (orig. ed.), § 20-220.
Tenn. Code Ann. § 20-6-104 — TN Code / Title 20 / Chapter 6 / Section 20-6-104
Debt collection by subsequent creditors - Requirements to initiate action - Default judgment - Exclusions
Status: in_force

(a) As used in this section: (1) "Charge off" means a creditor's removal of a consumer debt as an asset from the creditor's financial records; (2) "Consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, or service that is the subject of the transaction is primarily for a personal, family, or household purpose; and (3) "Original creditor" means a person, business, financial institution, governmental entity, or other commercial entity, including each's parents, subsidiaries, or successors in interest by name change, merger, acquisition of substantially all of each entity's assets or stock, or operation of law, that owned the consumer credit account on the date of default or on the date of charge off that gave rise to the cause of action. (b) In an action on consumer debt filed in a court established under title 16, chapter 15, the plaintiff shall include the following information with a civil warrant or any other leading process used to initiate the action: (1) A statement that the debt claim has been transferred or assigned; (2) The date of the transfer or assignment of the debt claim; (3) The name of any prior holders of the debt starting at the point of charge off; and (4) The name or a description of the original creditor. (c) Prior to an award of a default judgment on any action subject to the requirements of subsection (b), the plaintiff shall present to the court documentation sufficient to demonstrate the authority of the plaintiff to collect the debt and at least one (1) of the following that is sufficient to demonstrate the existence of the consumer debt: (1) An agreement signed by the consumer; (2) A record of a purchase, payment, or use of an account; or (3) A record otherwise demonstrating the debt was incurred. (d) The requirements of this section apply irrespective of any evidence submitted by the plaintiff, including affidavits submitted to the court in accordance with § 24-5-107 . (e) This section does not apply to a plaintiff who is an original creditor on the consumer debt at issue or is otherwise listed as a lienholder on property securing the debt issue. Added by 2024 Tenn. Acts, ch. 914,s 1, eff. 7/1/2024.
(a) As used in this section: (1) "Charge off" means a creditor's removal of a consumer debt as an asset from the creditor's financial records; (2) "Consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, or service that is the subject of the transaction is primarily for a personal, family, or household purpose; and (3) "Original creditor" means a person, business, financial institution, governmental entity, or other commercial entity, including each's parents, subsidiaries, or successors in interest by name change, merger, acquisition of substantially all of each entity's assets or stock, or operation of law, that owned the consumer credit account on the date of default or on the date of charge off that gave rise to the cause of action.
(1) "Charge off" means a creditor's removal of a consumer debt as an asset from the creditor's financial records;
(2) "Consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, or service that is the subject of the transaction is primarily for a personal, family, or household purpose; and
(3) "Original creditor" means a person, business, financial institution, governmental entity, or other commercial entity, including each's parents, subsidiaries, or successors in interest by name change, merger, acquisition of substantially all of each entity's assets or stock, or operation of law, that owned the consumer credit account on the date of default or on the date of charge off that gave rise to the cause of action.
(b) In an action on consumer debt filed in a court established under title 16, chapter 15, the plaintiff shall include the following information with a civil warrant or any other leading process used to initiate the action: (1) A statement that the debt claim has been transferred or assigned; (2) The date of the transfer or assignment of the debt claim; (3) The name of any prior holders of the debt starting at the point of charge off; and (4) The name or a description of the original creditor.
(1) A statement that the debt claim has been transferred or assigned;
(2) The date of the transfer or assignment of the debt claim;
(3) The name of any prior holders of the debt starting at the point of charge off; and
(4) The name or a description of the original creditor.
(c) Prior to an award of a default judgment on any action subject to the requirements of subsection (b), the plaintiff shall present to the court documentation sufficient to demonstrate the authority of the plaintiff to collect the debt and at least one (1) of the following that is sufficient to demonstrate the existence of the consumer debt: (1) An agreement signed by the consumer; (2) A record of a purchase, payment, or use of an account; or (3) A record otherwise demonstrating the debt was incurred.
(1) An agreement signed by the consumer;
(2) A record of a purchase, payment, or use of an account; or
(3) A record otherwise demonstrating the debt was incurred.
(d) The requirements of this section apply irrespective of any evidence submitted by the plaintiff, including affidavits submitted to the court in accordance with § 24-5-107 .
(e) This section does not apply to a plaintiff who is an original creditor on the consumer debt at issue or is otherwise listed as a lienholder on property securing the debt issue.
Added by 2024 Tenn. Acts, ch. 914,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 20-4-211 — TN Code / Title 20 / Chapter 4 / Section 20-4-211
Expenses relating to jury
Status: in_force

When a change of venue in any case, either civil or criminal, is ordered by the circuit or criminal courts of this state from one (1) county to another, the jury fees, in trying the case, shall be paid by the county from which the case is sent, and the fees of the officers summoning jurors in cases where the venue is changed shall be accordingly taxed and certified by the clerk in civil cases, and also by the judge and district attorney general in criminal cases, in the same manner as the fees are otherwise certified by law. Acts 1889, ch. 201; Shan., § 4567; Code 1932, § 8692; modified; T.C.A. (orig. ed.), § 20-511.
When a change of venue in any case, either civil or criminal, is ordered by the circuit or criminal courts of this state from one (1) county to another, the jury fees, in trying the case, shall be paid by the county from which the case is sent, and the fees of the officers summoning jurors in cases where the venue is changed shall be accordingly taxed and certified by the clerk in civil cases, and also by the judge and district attorney general in criminal cases, in the same manner as the fees are otherwise certified by law.
Acts 1889, ch. 201; Shan., § 4567; Code 1932, § 8692; modified; T.C.A. (orig. ed.), § 20-511.
Tenn. Code Ann. § 20-7-105 — TN Code / Title 20 / Chapter 7 / Section 20-7-105
Death of party during continuance
Status: in_force

The death of a party shall not prevent a trial at the term at which the cause is revived. Code 1858, § 2944; Shan., § 4665; mod. Code 1932, § 8793; T.C.A. (orig. ed.), § 20-1105.
The death of a party shall not prevent a trial at the term at which the cause is revived.
Code 1858, § 2944; Shan., § 4665; mod. Code 1932, § 8793; T.C.A. (orig. ed.), § 20-1105.
Tenn. Code Ann. § 20-5-107 — TN Code / Title 20 / Chapter 5 / Section 20-5-107
Prosecution of action by representative or surviving spouse or next of kin
Status: in_force

(a) The action may be instituted by the personal representative of the deceased or by the surviving spouse in the surviving spouse's own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin; also, without the consent of the personal representative, either may use the personal representative's name in bringing and prosecuting the suit, on giving bond and security for costs, or in the form prescribed for paupers. The personal representative shall not, in such case, be responsible for costs, unless the personal representative signs the prosecution bond in an individual capacity. (b) In no event shall a parent be permitted to recover through an action commenced pursuant to subsection (a) until all child support arrearages, together with interest on the child support arrearages, at the legal rate of interest computed from the date each payment was due, have been paid in full to the parent ordered to receive the support or to the parent's estate if deceased. (c) Notwithstanding any law to the contrary, a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period, shall not be permitted to recover through an action commenced pursuant to subsection (a) and § 20-5-106 . (d) Nothing in this section shall be construed to prevent the institution of an action by a child with respect to the death of a parent. (e) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law. (4) In no event shall any action for wrongful death abate, or the statute of limitations bar, an action solely as a result of a finding the surviving spouse's rights are waived. Instead the court shall substitute the proper party. Code 1858, § 2292 (deriv. Acts 1849-1850, ch. 58, §§ 1, 2; 1851-1852, ch. 17); Acts 1871, ch. 78, § 2; Shan., § 4026; mod. Code 1932, § 8237; Acts 1975, ch. 284, § 2; T.C.A. (orig. ed.), §20-608; Acts 1994, ch. 939, §1; 2003 , ch. 25, § 1; 2011 , ch. 366, § 2.
(a) The action may be instituted by the personal representative of the deceased or by the surviving spouse in the surviving spouse's own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin; also, without the consent of the personal representative, either may use the personal representative's name in bringing and prosecuting the suit, on giving bond and security for costs, or in the form prescribed for paupers. The personal representative shall not, in such case, be responsible for costs, unless the personal representative signs the prosecution bond in an individual capacity.
(b) In no event shall a parent be permitted to recover through an action commenced pursuant to subsection (a) until all child support arrearages, together with interest on the child support arrearages, at the legal rate of interest computed from the date each payment was due, have been paid in full to the parent ordered to receive the support or to the parent's estate if deceased.
(c) Notwithstanding any law to the contrary, a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period, shall not be permitted to recover through an action commenced pursuant to subsection (a) and § 20-5-106 .
(d) Nothing in this section shall be construed to prevent the institution of an action by a child with respect to the death of a parent.
(e) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law. (4) In no event shall any action for wrongful death abate, or the statute of limitations bar, an action solely as a result of a finding the surviving spouse's rights are waived. Instead the court shall substitute the proper party.
(1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
(2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
(3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.
(4) In no event shall any action for wrongful death abate, or the statute of limitations bar, an action solely as a result of a finding the surviving spouse's rights are waived. Instead the court shall substitute the proper party.
Code 1858, § 2292 (deriv. Acts 1849-1850, ch. 58, §§ 1, 2; 1851-1852, ch. 17); Acts 1871, ch. 78, § 2; Shan., § 4026; mod. Code 1932, § 8237; Acts 1975, ch. 284, § 2; T.C.A. (orig. ed.), §20-608; Acts 1994, ch. 939, §1; 2003 , ch. 25, § 1; 2011 , ch. 366, § 2.
Tenn. Code Ann. § 20-9-602 — TN Code / Title 20 / Chapter 9 / Section 20-9-602
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the Tennessee board of court reporting; (2) "Court reporting" means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer or by electronic recording of any testimony given under oath before or for submission to, any court, referee or court examiner, by any board, commission or other body or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record. "Court reporting" does not include the following: (A) Tape recordings made by attorneys or their agents under § 20-9-104 , or use of video equipment and recordings by attorneys or their agents representing parties in any court proceeding, administrative law proceeding, deposition or any other proceeding; (B) Use of tape recorders and video equipment and recordings by judges, court officers and employees, administrative agency officials and employees, and officials and employees of any board, commission or other body; and (C) Attorneys conducting discovery in compliance with Rules 28, 29 and 30 of the Tennessee Rules of Civil Procedure. The written stipulation pursuant to Rule 29 shall state the licensure status, as prescribed by this part, of the person before whom the deposition is taken; and (3) "Licensed court reporter" or "LCR" means any person licensed pursuant to this part to practice court reporting. Licenses shall indicate the method or methods in which the applicant has successfully passed examination of the organization or organizations approved by the Tennessee board of court reporting. Acts 2009, ch. 450, § 1.
As used in this part, unless the context otherwise requires:
(1) "Board" means the Tennessee board of court reporting;
(2) "Court reporting" means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer or by electronic recording of any testimony given under oath before or for submission to, any court, referee or court examiner, by any board, commission or other body or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record. "Court reporting" does not include the following: (A) Tape recordings made by attorneys or their agents under § 20-9-104 , or use of video equipment and recordings by attorneys or their agents representing parties in any court proceeding, administrative law proceeding, deposition or any other proceeding; (B) Use of tape recorders and video equipment and recordings by judges, court officers and employees, administrative agency officials and employees, and officials and employees of any board, commission or other body; and (C) Attorneys conducting discovery in compliance with Rules 28, 29 and 30 of the Tennessee Rules of Civil Procedure. The written stipulation pursuant to Rule 29 shall state the licensure status, as prescribed by this part, of the person before whom the deposition is taken; and
(A) Tape recordings made by attorneys or their agents under § 20-9-104 , or use of video equipment and recordings by attorneys or their agents representing parties in any court proceeding, administrative law proceeding, deposition or any other proceeding;
(B) Use of tape recorders and video equipment and recordings by judges, court officers and employees, administrative agency officials and employees, and officials and employees of any board, commission or other body; and
(C) Attorneys conducting discovery in compliance with Rules 28, 29 and 30 of the Tennessee Rules of Civil Procedure. The written stipulation pursuant to Rule 29 shall state the licensure status, as prescribed by this part, of the person before whom the deposition is taken; and
(3) "Licensed court reporter" or "LCR" means any person licensed pursuant to this part to practice court reporting. Licenses shall indicate the method or methods in which the applicant has successfully passed examination of the organization or organizations approved by the Tennessee board of court reporting.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-9-608 — TN Code / Title 20 / Chapter 9 / Section 20-9-608
Fines for practicing court reporting without a license
Status: in_force

After January 1, 2011, any person who undertakes or attempts to undertake the practice of court reporting for remuneration without first having procured a license, who knowingly presents or files false information with the board for the purpose of obtaining a license or who violates this part shall be subject to a civil fine not exceeding five hundred dollars ($500). Each day's violation is a separate offense. A person who is not licensed may not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this part. Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 3, 7.
After January 1, 2011, any person who undertakes or attempts to undertake the practice of court reporting for remuneration without first having procured a license, who knowingly presents or files false information with the board for the purpose of obtaining a license or who violates this part shall be subject to a civil fine not exceeding five hundred dollars ($500). Each day's violation is a separate offense. A person who is not licensed may not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this part.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 3, 7.
Tenn. Code Ann. § 20-2-214 — TN Code / Title 20 / Chapter 2 / Section 20-2-214
Jurisdiction of persons unavailable to personal service in state - Classes of actions to which applicable
Status: in_force

(a) Persons who are nonresidents of this state and residents of this state who are outside the state and cannot be personally served with process within this state are subject to the jurisdiction of the courts of this state as to any action or claim for relief arising from: (1) The transaction of any business within this state; (2) Any tortious act or omission within this state; (3) The ownership or possession of any interest in property located within this state; (4) Entering into any contract of insurance, indemnity or guaranty covering any person, property or risk located within this state at the time of contracting; (5) Entering into a contract for services to be rendered or for materials to be furnished in this state; (6) Any basis not inconsistent with the constitution of this state or of the United States; (7) Any action of divorce, annulment or separate maintenance where the parties lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state. (b) As used in this section, "person" includes corporations and all other entities that would be subject to service of process if present in this state. (c) Any such person shall be deemed to have submitted to the jurisdiction of this state who acts in the manner described in subsection (a) through an agent or personal representative. Acts 1965, ch. 67, § 1; 1972, ch. 689, § 1; 1975, ch. 177, § 1; 1978, ch. 715, § 1; T.C.A., § 20-235; Acts 1987, ch. 390, § 1.
(a) Persons who are nonresidents of this state and residents of this state who are outside the state and cannot be personally served with process within this state are subject to the jurisdiction of the courts of this state as to any action or claim for relief arising from: (1) The transaction of any business within this state; (2) Any tortious act or omission within this state; (3) The ownership or possession of any interest in property located within this state; (4) Entering into any contract of insurance, indemnity or guaranty covering any person, property or risk located within this state at the time of contracting; (5) Entering into a contract for services to be rendered or for materials to be furnished in this state; (6) Any basis not inconsistent with the constitution of this state or of the United States; (7) Any action of divorce, annulment or separate maintenance where the parties lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
(1) The transaction of any business within this state;
(2) Any tortious act or omission within this state;
(3) The ownership or possession of any interest in property located within this state;
(4) Entering into any contract of insurance, indemnity or guaranty covering any person, property or risk located within this state at the time of contracting;
(5) Entering into a contract for services to be rendered or for materials to be furnished in this state;
(6) Any basis not inconsistent with the constitution of this state or of the United States;
(7) Any action of divorce, annulment or separate maintenance where the parties lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
(b) As used in this section, "person" includes corporations and all other entities that would be subject to service of process if present in this state.
(c) Any such person shall be deemed to have submitted to the jurisdiction of this state who acts in the manner described in subsection (a) through an agent or personal representative.
Acts 1965, ch. 67, § 1; 1972, ch. 689, § 1; 1975, ch. 177, § 1; 1978, ch. 715, § 1; T.C.A., § 20-235; Acts 1987, ch. 390, § 1.
Tenn. Code Ann. § 20-1-115 — TN Code / Title 20 / Chapter 1 / Section 20-1-115
Intervention in property action
Status: in_force

In actions for the recovery of property, any person not a party to the action, on showing interest in the subject matter of the suit, may be allowed to appear as defendant in the action. Code 1858, § 2799; Shan., § 4496; Code 1932, § 8623; T.C.A. (orig. ed.), § 20-116.
In actions for the recovery of property, any person not a party to the action, on showing interest in the subject matter of the suit, may be allowed to appear as defendant in the action.
Code 1858, § 2799; Shan., § 4496; Code 1932, § 8623; T.C.A. (orig. ed.), § 20-116.
Tenn. Code Ann. § 20-15-104 — TN Code / Title 20 / Chapter 15 / Section 20-15-104
Choice of venue or forum
Status: in_force

(a) If any contract, arbitration agreement or other agreement provides for the choice of venue or forum outside any state or territory of the United States and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of venue or forum provision either resulted or would result in a violation of any right of a natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that, in interpreting or construing the contract or arbitration agreement or other agreement, the primary factor to be considered is whether it can be interpreted or construed to preserve the constitutional rights of the natural person in this state against whom enforcement is sought. (b) If a natural person of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the constitutional rights of the non-claimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied. Acts 2010, ch. 983, § 4.
(a) If any contract, arbitration agreement or other agreement provides for the choice of venue or forum outside any state or territory of the United States and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of venue or forum provision either resulted or would result in a violation of any right of a natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that, in interpreting or construing the contract or arbitration agreement or other agreement, the primary factor to be considered is whether it can be interpreted or construed to preserve the constitutional rights of the natural person in this state against whom enforcement is sought.
(b) If a natural person of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the constitutional rights of the non-claimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied.
Acts 2010, ch. 983, § 4.
Tenn. Code Ann. § 20-10-102 — TN Code / Title 20 / Chapter 10 / Section 20-10-102
Remittitur
Status: in_force

(a) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be reduced and a remittitur is suggested by the trial judge on that account, with the proviso that in case the party in whose favor the verdict has been rendered refuses to make the remittitur, a new trial will be awarded, the party in whose favor such verdict has been rendered may make such remittitur under protest, and appeal from the action of the trial judge to the court of appeals. (b) The court of appeals shall review the action of the trial court suggesting a remittitur using the standard of review provided for in T.R.A.P. 13(d) applicable to decisions of the trial court sitting without a jury. If, in the opinion of the court of appeals, the verdict of the jury should not have been reduced, but the judgment of the trial court is correct in other respects, the case shall be reversed to that extent, and judgment shall be rendered in the court of appeals for the full amount originally awarded by the jury in the trial court. Acts 1911, ch. 29, § 1; Shan., § 4852a1; Code 1932, § 8987; Acts 1949, ch. 253, § 1; C. Supp. 1950, § 8987; T.C.A. (orig. ed.), § 27-118; Acts 1987, ch. 232, § 2.
(a) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be reduced and a remittitur is suggested by the trial judge on that account, with the proviso that in case the party in whose favor the verdict has been rendered refuses to make the remittitur, a new trial will be awarded, the party in whose favor such verdict has been rendered may make such remittitur under protest, and appeal from the action of the trial judge to the court of appeals.
(b) The court of appeals shall review the action of the trial court suggesting a remittitur using the standard of review provided for in T.R.A.P. 13(d) applicable to decisions of the trial court sitting without a jury. If, in the opinion of the court of appeals, the verdict of the jury should not have been reduced, but the judgment of the trial court is correct in other respects, the case shall be reversed to that extent, and judgment shall be rendered in the court of appeals for the full amount originally awarded by the jury in the trial court.
Acts 1911, ch. 29, § 1; Shan., § 4852a1; Code 1932, § 8987; Acts 1949, ch. 253, § 1; C. Supp. 1950, § 8987; T.C.A. (orig. ed.), § 27-118; Acts 1987, ch. 232, § 2.
Tenn. Code Ann. § 20-1-105 — TN Code / Title 20 / Chapter 1 / Section 20-1-105
Expenses and loss of service incident to injury to child
Status: in_force

(a) The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents' service or living in the family except that where one (1) parent is dead or has deserted the family, the other parent shall have the sole right to maintain the action. (b) In case the father and mother of the minor child are living apart and one (1) parent has exclusive legal custody of the child, the parent with legal custody has the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury to the minor child, except that the noncustodial parent in such case shall have a right to maintain or join an action brought under this section, for the expenses resulting from an injury to the minor child to the extent the noncustodial parent has paid those expenses. Code 1958, § 2803; Shan., § 4503; Code 1932, § 8630; T.C.A. (orig. ed.), § 20-105; Acts 1982, ch. 853, § 5.
(a) The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents' service or living in the family except that where one (1) parent is dead or has deserted the family, the other parent shall have the sole right to maintain the action.
(b) In case the father and mother of the minor child are living apart and one (1) parent has exclusive legal custody of the child, the parent with legal custody has the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury to the minor child, except that the noncustodial parent in such case shall have a right to maintain or join an action brought under this section, for the expenses resulting from an injury to the minor child to the extent the noncustodial parent has paid those expenses.
Code 1958, § 2803; Shan., § 4503; Code 1932, § 8630; T.C.A. (orig. ed.), § 20-105; Acts 1982, ch. 853, § 5.
Tenn. Code Ann. § 20-13-102 — TN Code / Title 20 / Chapter 13 / Section 20-13-102
Actions against state prohibited
Status: in_force

(a) No court in the state shall have any power, jurisdiction or authority to entertain any suit against the state, or against any officer of the state acting by authority of the state, with a view to reach the state, its treasury, funds or property, and all such suits shall be dismissed as to the state or such officers, on motion, plea or demurrer of the law officer of the state, or counsel employed for the state. (b) No statutory or other provision authorizing the University of Tennessee and its board of trustees to sue and be sued shall constitute a waiver of sovereign immunity. Acts 1873, ch. 13, § 2; Shan., § 4507; Code 1932, § 8634; Acts 1977, ch. 170, § 1; T.C.A. (orig. ed.), § 20-1702.
(a) No court in the state shall have any power, jurisdiction or authority to entertain any suit against the state, or against any officer of the state acting by authority of the state, with a view to reach the state, its treasury, funds or property, and all such suits shall be dismissed as to the state or such officers, on motion, plea or demurrer of the law officer of the state, or counsel employed for the state.
(b) No statutory or other provision authorizing the University of Tennessee and its board of trustees to sue and be sued shall constitute a waiver of sovereign immunity.
Acts 1873, ch. 13, § 2; Shan., § 4507; Code 1932, § 8634; Acts 1977, ch. 170, § 1; T.C.A. (orig. ed.), § 20-1702.
Tenn. Code Ann. § 20-12-119 — TN Code / Title 20 / Chapter 12 / Section 20-12-119
Discretion of judge
Status: in_force

(a) In all civil cases, whether tried by a jury or before the court without a jury, the presiding judge shall have a right to adjudge the cost. (b) In doing so, the presiding judge shall be authorized, in the presiding judge's discretion, to apportion the cost between the litigants, as in the presiding judge's opinion the equities of the case demand. (c) (1) Notwithstanding subsection (a) or (b), in a civil proceeding, where a trial court grants a motion to dismiss pursuant to Rule 12 of the Tennessee Rules of Civil Procedure for failure to state a claim upon which relief may be granted, the court shall award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney's fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties. The awarded costs and fees shall be paid by the party or parties whose claim or claims were dismissed as a result of the granted motion to dismiss. (2) Costs shall include all reasonable and necessary litigation costs actually incurred due to the proceedings that resulted from the filing of the dismissed claims, including, but not limited to: (A) Court costs; (B) Attorneys' fees; (C) Court reporter fees; (D) Interpreter fees; and (E) Guardian ad litem fees. (3) An award of costs pursuant to this subsection (c) shall be made only after all appeals of the issue of the granting of the motion to dismiss have been exhausted and if the final outcome is the granting of the motion to dismiss. The award of costs and attorneys' fees pursuant to this section shall be stayed until a final decision which is not subject to appeal is rendered. (4) Notwithstanding any other provision of this section, the court shall not require a party to pay costs under this section in excess of a combined total of ten thousand dollars ($10,000) in any single lawsuit. Where multiple parties are entitled to recover their costs from a single party under this section and those parties' combined actual costs under this section exceed ten thousand dollars ($10,000), then the court shall apportion the awarded costs to the moving parties in proportion to the amount of each moving party's incurred costs unless agreed otherwise by the moving parties. Nothing in this section shall be construed to limit the award of costs as provided for in other sections of the code or at common law. (5) This subsection (c) shall not apply to: (A) Actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law; (B) Any claim that is dismissed by the granting of a motion to dismiss that was filed more than sixty (60) days after the moving party received service of the latest complaint, counter-complaint or cross-complaint in which that dismissed claim was made; (C) Any claim that the party against whom the motion to dismiss was filed withdrew, or in good faith amended to state a claim upon which relief may be granted; however, this subdivision (c)(5)(C) shall not apply unless a pleading providing notice of the withdrawal or amendment was filed with the court and delivered to the opposing party or parties at least three (3) days before the date set for the hearing of the motion to dismiss or by the deadline for the filing of a response to the motion to dismiss, whichever is earlier. Nothing in this section shall be construed to prevent a party from striking its own motion to dismiss; (D) Actions by pro se litigants, except where the court also finds that the pro se party acted unreasonably in bringing, or refusing to voluntarily withdraw, the dismissed claim; (E) Any claim which is a good faith, nonfrivolous claim filed for the express purpose of extending, modifying, or reversing existing precedent, law or regulation, or for the express purpose of establishing the meaning, lawfulness or constitutionality of a law, regulation or United States or Tennessee constitutional right where the meaning, lawfulness or constitutionality is a matter of first impression that has not been established by precedent in a published opinion by the Tennessee supreme court, court of appeals, court of criminal appeals, a United States district court in Tennessee, or by the United States supreme court. This subdivision (c)(5)(E) shall not apply unless at the time the successful motion to dismiss was filed the party that made the dismissed claim had specially pleaded in its latest complaint, counter-complaint or cross-complaint that the dismissed claim was made for one (1) of the express purposes listed above and cited the contrary precedent or interpretation the party seeks to distinguish or overcome, or whether the issue to be decided is a matter of first impression as described in this subdivision (c)(5)(E); or (F) Any claim for which relief could be granted under a law, a court precedent published by a court described in subdivision (c)(5)(E), or a regulation, that was in effect and applicable to the claim at the time the motion to dismiss was filed; where that law, precedent or regulation was cited in the pleading in which the dismissed claim was made or in the response to the motion to dismiss; and where the motion to dismiss the claim was granted due to the subsequent repeal, amendment, overruling or distinguishing of that law, regulation or published court precedent. (6) This section shall not be construed to limit the ability of any court to dismiss a claim or assess costs against a party whose claim has been dismissed, where permitted or required by other law, court rule or at common law. Acts 1917, ch. 107, § 1; Shan., § 4962a1; Code 1932, § 9116; T.C.A. (orig. ed.), § 20-1621; Acts 2012, ch. 1046, § 1.
(a) In all civil cases, whether tried by a jury or before the court without a jury, the presiding judge shall have a right to adjudge the cost.
(b) In doing so, the presiding judge shall be authorized, in the presiding judge's discretion, to apportion the cost between the litigants, as in the presiding judge's opinion the equities of the case demand.
(c) (1) Notwithstanding subsection (a) or (b), in a civil proceeding, where a trial court grants a motion to dismiss pursuant to Rule 12 of the Tennessee Rules of Civil Procedure for failure to state a claim upon which relief may be granted, the court shall award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney's fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties. The awarded costs and fees shall be paid by the party or parties whose claim or claims were dismissed as a result of the granted motion to dismiss. (2) Costs shall include all reasonable and necessary litigation costs actually incurred due to the proceedings that resulted from the filing of the dismissed claims, including, but not limited to: (A) Court costs; (B) Attorneys' fees; (C) Court reporter fees; (D) Interpreter fees; and (E) Guardian ad litem fees. (3) An award of costs pursuant to this subsection (c) shall be made only after all appeals of the issue of the granting of the motion to dismiss have been exhausted and if the final outcome is the granting of the motion to dismiss. The award of costs and attorneys' fees pursuant to this section shall be stayed until a final decision which is not subject to appeal is rendered. (4) Notwithstanding any other provision of this section, the court shall not require a party to pay costs under this section in excess of a combined total of ten thousand dollars ($10,000) in any single lawsuit. Where multiple parties are entitled to recover their costs from a single party under this section and those parties' combined actual costs under this section exceed ten thousand dollars ($10,000), then the court shall apportion the awarded costs to the moving parties in proportion to the amount of each moving party's incurred costs unless agreed otherwise by the moving parties. Nothing in this section shall be construed to limit the award of costs as provided for in other sections of the code or at common law. (5) This subsection (c) shall not apply to: (A) Actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law; (B) Any claim that is dismissed by the granting of a motion to dismiss that was filed more than sixty (60) days after the moving party received service of the latest complaint, counter-complaint or cross-complaint in which that dismissed claim was made; (C) Any claim that the party against whom the motion to dismiss was filed withdrew, or in good faith amended to state a claim upon which relief may be granted; however, this subdivision (c)(5)(C) shall not apply unless a pleading providing notice of the withdrawal or amendment was filed with the court and delivered to the opposing party or parties at least three (3) days before the date set for the hearing of the motion to dismiss or by the deadline for the filing of a response to the motion to dismiss, whichever is earlier. Nothing in this section shall be construed to prevent a party from striking its own motion to dismiss; (D) Actions by pro se litigants, except where the court also finds that the pro se party acted unreasonably in bringing, or refusing to voluntarily withdraw, the dismissed claim; (E) Any claim which is a good faith, nonfrivolous claim filed for the express purpose of extending, modifying, or reversing existing precedent, law or regulation, or for the express purpose of establishing the meaning, lawfulness or constitutionality of a law, regulation or United States or Tennessee constitutional right where the meaning, lawfulness or constitutionality is a matter of first impression that has not been established by precedent in a published opinion by the Tennessee supreme court, court of appeals, court of criminal appeals, a United States district court in Tennessee, or by the United States supreme court. This subdivision (c)(5)(E) shall not apply unless at the time the successful motion to dismiss was filed the party that made the dismissed claim had specially pleaded in its latest complaint, counter-complaint or cross-complaint that the dismissed claim was made for one (1) of the express purposes listed above and cited the contrary precedent or interpretation the party seeks to distinguish or overcome, or whether the issue to be decided is a matter of first impression as described in this subdivision (c)(5)(E); or (F) Any claim for which relief could be granted under a law, a court precedent published by a court described in subdivision (c)(5)(E), or a regulation, that was in effect and applicable to the claim at the time the motion to dismiss was filed; where that law, precedent or regulation was cited in the pleading in which the dismissed claim was made or in the response to the motion to dismiss; and where the motion to dismiss the claim was granted due to the subsequent repeal, amendment, overruling or distinguishing of that law, regulation or published court precedent. (6) This section shall not be construed to limit the ability of any court to dismiss a claim or assess costs against a party whose claim has been dismissed, where permitted or required by other law, court rule or at common law.
(1) Notwithstanding subsection (a) or (b), in a civil proceeding, where a trial court grants a motion to dismiss pursuant to Rule 12 of the Tennessee Rules of Civil Procedure for failure to state a claim upon which relief may be granted, the court shall award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney's fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties. The awarded costs and fees shall be paid by the party or parties whose claim or claims were dismissed as a result of the granted motion to dismiss.
(2) Costs shall include all reasonable and necessary litigation costs actually incurred due to the proceedings that resulted from the filing of the dismissed claims, including, but not limited to: (A) Court costs; (B) Attorneys' fees; (C) Court reporter fees; (D) Interpreter fees; and (E) Guardian ad litem fees.
(A) Court costs;
(B) Attorneys' fees;
(C) Court reporter fees;
(D) Interpreter fees; and
(E) Guardian ad litem fees.
(3) An award of costs pursuant to this subsection (c) shall be made only after all appeals of the issue of the granting of the motion to dismiss have been exhausted and if the final outcome is the granting of the motion to dismiss. The award of costs and attorneys' fees pursuant to this section shall be stayed until a final decision which is not subject to appeal is rendered.
(4) Notwithstanding any other provision of this section, the court shall not require a party to pay costs under this section in excess of a combined total of ten thousand dollars ($10,000) in any single lawsuit. Where multiple parties are entitled to recover their costs from a single party under this section and those parties' combined actual costs under this section exceed ten thousand dollars ($10,000), then the court shall apportion the awarded costs to the moving parties in proportion to the amount of each moving party's incurred costs unless agreed otherwise by the moving parties. Nothing in this section shall be construed to limit the award of costs as provided for in other sections of the code or at common law.
(5) This subsection (c) shall not apply to: (A) Actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law; (B) Any claim that is dismissed by the granting of a motion to dismiss that was filed more than sixty (60) days after the moving party received service of the latest complaint, counter-complaint or cross-complaint in which that dismissed claim was made; (C) Any claim that the party against whom the motion to dismiss was filed withdrew, or in good faith amended to state a claim upon which relief may be granted; however, this subdivision (c)(5)(C) shall not apply unless a pleading providing notice of the withdrawal or amendment was filed with the court and delivered to the opposing party or parties at least three (3) days before the date set for the hearing of the motion to dismiss or by the deadline for the filing of a response to the motion to dismiss, whichever is earlier. Nothing in this section shall be construed to prevent a party from striking its own motion to dismiss; (D) Actions by pro se litigants, except where the court also finds that the pro se party acted unreasonably in bringing, or refusing to voluntarily withdraw, the dismissed claim; (E) Any claim which is a good faith, nonfrivolous claim filed for the express purpose of extending, modifying, or reversing existing precedent, law or regulation, or for the express purpose of establishing the meaning, lawfulness or constitutionality of a law, regulation or United States or Tennessee constitutional right where the meaning, lawfulness or constitutionality is a matter of first impression that has not been established by precedent in a published opinion by the Tennessee supreme court, court of appeals, court of criminal appeals, a United States district court in Tennessee, or by the United States supreme court. This subdivision (c)(5)(E) shall not apply unless at the time the successful motion to dismiss was filed the party that made the dismissed claim had specially pleaded in its latest complaint, counter-complaint or cross-complaint that the dismissed claim was made for one (1) of the express purposes listed above and cited the contrary precedent or interpretation the party seeks to distinguish or overcome, or whether the issue to be decided is a matter of first impression as described in this subdivision (c)(5)(E); or (F) Any claim for which relief could be granted under a law, a court precedent published by a court described in subdivision (c)(5)(E), or a regulation, that was in effect and applicable to the claim at the time the motion to dismiss was filed; where that law, precedent or regulation was cited in the pleading in which the dismissed claim was made or in the response to the motion to dismiss; and where the motion to dismiss the claim was granted due to the subsequent repeal, amendment, overruling or distinguishing of that law, regulation or published court precedent.
(A) Actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law;
(B) Any claim that is dismissed by the granting of a motion to dismiss that was filed more than sixty (60) days after the moving party received service of the latest complaint, counter-complaint or cross-complaint in which that dismissed claim was made;
(C) Any claim that the party against whom the motion to dismiss was filed withdrew, or in good faith amended to state a claim upon which relief may be granted; however, this subdivision (c)(5)(C) shall not apply unless a pleading providing notice of the withdrawal or amendment was filed with the court and delivered to the opposing party or parties at least three (3) days before the date set for the hearing of the motion to dismiss or by the deadline for the filing of a response to the motion to dismiss, whichever is earlier. Nothing in this section shall be construed to prevent a party from striking its own motion to dismiss;
(D) Actions by pro se litigants, except where the court also finds that the pro se party acted unreasonably in bringing, or refusing to voluntarily withdraw, the dismissed claim;
(E) Any claim which is a good faith, nonfrivolous claim filed for the express purpose of extending, modifying, or reversing existing precedent, law or regulation, or for the express purpose of establishing the meaning, lawfulness or constitutionality of a law, regulation or United States or Tennessee constitutional right where the meaning, lawfulness or constitutionality is a matter of first impression that has not been established by precedent in a published opinion by the Tennessee supreme court, court of appeals, court of criminal appeals, a United States district court in Tennessee, or by the United States supreme court. This subdivision (c)(5)(E) shall not apply unless at the time the successful motion to dismiss was filed the party that made the dismissed claim had specially pleaded in its latest complaint, counter-complaint or cross-complaint that the dismissed claim was made for one (1) of the express purposes listed above and cited the contrary precedent or interpretation the party seeks to distinguish or overcome, or whether the issue to be decided is a matter of first impression as described in this subdivision (c)(5)(E); or
(F) Any claim for which relief could be granted under a law, a court precedent published by a court described in subdivision (c)(5)(E), or a regulation, that was in effect and applicable to the claim at the time the motion to dismiss was filed; where that law, precedent or regulation was cited in the pleading in which the dismissed claim was made or in the response to the motion to dismiss; and where the motion to dismiss the claim was granted due to the subsequent repeal, amendment, overruling or distinguishing of that law, regulation or published court precedent.
(6) This section shall not be construed to limit the ability of any court to dismiss a claim or assess costs against a party whose claim has been dismissed, where permitted or required by other law, court rule or at common law.
Acts 1917, ch. 107, § 1; Shan., § 4962a1; Code 1932, § 9116; T.C.A. (orig. ed.), § 20-1621; Acts 2012, ch. 1046, § 1.
Tenn. Code Ann. § 20-2-203 — TN Code / Title 20 / Chapter 2 / Section 20-2-203
Use of highways as appointment of agent for process - Pretrial discovery depositions
Status: in_force

(a) (1) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in this state, and who makes use of the privilege, extended to nonresidents of the state to operate such vehicle on highway or highways within the state, shall be deemed thereby to constitute the secretary of state of this state as agent for acceptance of service of process in any civil action brought by any person against the owner, chauffeur or operator of such motor vehicle or nonresident arising out of any accident or injury occurring in this state in which such vehicle is involved; (2) Such use of a highway shall be treated as an agreement on the part of such person that such service of process shall have the force and validity of personal service on the owner, chauffeur or operator of such motor vehicle or nonresident within the jurisdiction of this state and the county of action. (3) As used in this section, "nonresident" includes any person who, though a resident of this state or who was the owner or operator of a motor vehicle properly registered and licensed under the laws of this state when the motor vehicle accident or injury occurred, has been absent from this state for at least thirty (30) days next preceding the day on which process is lodged with the secretary of state as provided in § 20-2-205 . (b) The agency of the secretary of state to accept service of process in actions for both personal injuries and property damages shall continue for such period of time or so long as the cause of action is not barred by the statute of limitations of this state and shall not be revoked by the death of the nonresident during that period of time. The agency shall continue so long after the expiration of such time as may be necessary to enable the secretary of state to complete the service of process, sued out prior to the expiration of the time and forwarded to the defendant with reasonable dispatch. (c) The secretary of state shall keep a docket in which the secretary of state enters the style of the cause, the date of issuance of such process, the date of its receipt by the secretary of state and the date on which it was forwarded by the secretary of state to the person named as defendant in the cause. (d) For the purpose of venue as set out in § 20-4-101 , the secretary of state may be considered by the plaintiff as either a resident of the county in which the cause of action arose or the county in which the plaintiff resides. (e) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in the state, and who is duly served with process under this section and §§ 20-2-204 - 20-2-207, in connection with any civil action brought by any person against the owner, chauffeur or operator, or nonresident arising out of any accident or injury occurring in this state in which the vehicle is involved, shall be required, upon receipt of the proper notice as required in title 24, chapter 9 to appear at the time and place specified in the notice, which shall be in the county in which the action is pending, for the purpose of giving a pretrial discovery deposition as authorized by the rules of civil procedure and title 24, chapter 9. The written notice required by § 20-2-205 to be sent to any person served under §§ 20-2-204 - 20-2-207, along with a certified copy of the original summons, shall include a notification to the effect that the person shall be subject to appearance in this state for the purpose of giving a pretrial discovery deposition if subsequently served with proper notice to do so. (f) Nothing in this section shall be construed as a prohibition on the exercise of jurisdiction over or service of process on a person who is deemed by this section to constitute the secretary of state as the person's agent, pursuant to §§ 20-2-214 - 20-2-219. Code 1932, § 8671; Acts 1947, ch. 235, § 1; 1949, ch. 47, §§ 1, 2; C. Supp. 1950, § 8671; Acts 1955, ch. 265, § 1; 1957, ch. 61, § 1; 1963, ch. 269, § 1; 1968, ch. 574, § 1; 1970, ch. 396, § 1; 1972, ch. 470, § 1; 1977, ch. 348, § 1; 1979, ch. 418, § 1; T.C.A. (orig. ed.), § 20-224.
(a) (1) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in this state, and who makes use of the privilege, extended to nonresidents of the state to operate such vehicle on highway or highways within the state, shall be deemed thereby to constitute the secretary of state of this state as agent for acceptance of service of process in any civil action brought by any person against the owner, chauffeur or operator of such motor vehicle or nonresident arising out of any accident or injury occurring in this state in which such vehicle is involved; (2) Such use of a highway shall be treated as an agreement on the part of such person that such service of process shall have the force and validity of personal service on the owner, chauffeur or operator of such motor vehicle or nonresident within the jurisdiction of this state and the county of action. (3) As used in this section, "nonresident" includes any person who, though a resident of this state or who was the owner or operator of a motor vehicle properly registered and licensed under the laws of this state when the motor vehicle accident or injury occurred, has been absent from this state for at least thirty (30) days next preceding the day on which process is lodged with the secretary of state as provided in § 20-2-205 .
(1) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in this state, and who makes use of the privilege, extended to nonresidents of the state to operate such vehicle on highway or highways within the state, shall be deemed thereby to constitute the secretary of state of this state as agent for acceptance of service of process in any civil action brought by any person against the owner, chauffeur or operator of such motor vehicle or nonresident arising out of any accident or injury occurring in this state in which such vehicle is involved;
(2) Such use of a highway shall be treated as an agreement on the part of such person that such service of process shall have the force and validity of personal service on the owner, chauffeur or operator of such motor vehicle or nonresident within the jurisdiction of this state and the county of action.
(3) As used in this section, "nonresident" includes any person who, though a resident of this state or who was the owner or operator of a motor vehicle properly registered and licensed under the laws of this state when the motor vehicle accident or injury occurred, has been absent from this state for at least thirty (30) days next preceding the day on which process is lodged with the secretary of state as provided in § 20-2-205 .
(b) The agency of the secretary of state to accept service of process in actions for both personal injuries and property damages shall continue for such period of time or so long as the cause of action is not barred by the statute of limitations of this state and shall not be revoked by the death of the nonresident during that period of time. The agency shall continue so long after the expiration of such time as may be necessary to enable the secretary of state to complete the service of process, sued out prior to the expiration of the time and forwarded to the defendant with reasonable dispatch.
(c) The secretary of state shall keep a docket in which the secretary of state enters the style of the cause, the date of issuance of such process, the date of its receipt by the secretary of state and the date on which it was forwarded by the secretary of state to the person named as defendant in the cause.
(d) For the purpose of venue as set out in § 20-4-101 , the secretary of state may be considered by the plaintiff as either a resident of the county in which the cause of action arose or the county in which the plaintiff resides.
(e) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in the state, and who is duly served with process under this section and §§ 20-2-204 - 20-2-207, in connection with any civil action brought by any person against the owner, chauffeur or operator, or nonresident arising out of any accident or injury occurring in this state in which the vehicle is involved, shall be required, upon receipt of the proper notice as required in title 24, chapter 9 to appear at the time and place specified in the notice, which shall be in the county in which the action is pending, for the purpose of giving a pretrial discovery deposition as authorized by the rules of civil procedure and title 24, chapter 9. The written notice required by § 20-2-205 to be sent to any person served under §§ 20-2-204 - 20-2-207, along with a certified copy of the original summons, shall include a notification to the effect that the person shall be subject to appearance in this state for the purpose of giving a pretrial discovery deposition if subsequently served with proper notice to do so.
(f) Nothing in this section shall be construed as a prohibition on the exercise of jurisdiction over or service of process on a person who is deemed by this section to constitute the secretary of state as the person's agent, pursuant to §§ 20-2-214 - 20-2-219.
Code 1932, § 8671; Acts 1947, ch. 235, § 1; 1949, ch. 47, §§ 1, 2; C. Supp. 1950, § 8671; Acts 1955, ch. 265, § 1; 1957, ch. 61, § 1; 1963, ch. 269, § 1; 1968, ch. 574, § 1; 1970, ch. 396, § 1; 1972, ch. 470, § 1; 1977, ch. 348, § 1; 1979, ch. 418, § 1; T.C.A. (orig. ed.), § 20-224.
Tenn. Code Ann. § 20-6-402 — TN Code / Title 20 / Chapter 6 / Section 20-6-402
Costs on equal demands
Status: in_force

On a plea of setoff or recoupment, if the demand of defendant equals the demand of the plaintiff, judgment for all costs is to be rendered for defendant. Code 1932, § 8771; T.C.A. (orig. ed.), § 20-1005.
On a plea of setoff or recoupment, if the demand of defendant equals the demand of the plaintiff, judgment for all costs is to be rendered for defendant.
Code 1932, § 8771; T.C.A. (orig. ed.), § 20-1005.
Tenn. Code Ann. § 20-5-114 — TN Code / Title 20 / Chapter 5 / Section 20-5-114
Death of executor or administrator
Status: in_force

When any sole executor or administrator is plaintiff or defendant and dies, the suit may be revived by or against the executor, administrator de bonis non or other successor in the interest of the decedent. Code 1858, § 2853 (deriv. Acts 1825, ch. 65, §§ 4, 5); Shan., §4574; Code 1932, § 8699; T.C.A. (orig. ed.), § 20-616.
When any sole executor or administrator is plaintiff or defendant and dies, the suit may be revived by or against the executor, administrator de bonis non or other successor in the interest of the decedent.
Code 1858, § 2853 (deriv. Acts 1825, ch. 65, §§ 4, 5); Shan., §4574; Code 1932, § 8699; T.C.A. (orig. ed.), § 20-616.
Tenn. Code Ann. § 20-13-105 — TN Code / Title 20 / Chapter 13 / Section 20-13-105
Appeal from deposit order
Status: in_force

No appeal shall lie from any deposit order until after it has been fully complied with, nor shall any supersedeas be granted therein until after the deposit order is fully complied with. Acts 1873, ch. 78, § 1; Shan., § 4509; Code 1932, § 8636; T.C.A. (orig. ed.), § 20-1705.
No appeal shall lie from any deposit order until after it has been fully complied with, nor shall any supersedeas be granted therein until after the deposit order is fully complied with.
Acts 1873, ch. 78, § 1; Shan., § 4509; Code 1932, § 8636; T.C.A. (orig. ed.), § 20-1705.
Tenn. Code Ann. § 20-2-222 — TN Code / Title 20 / Chapter 2 / Section 20-2-222
Personal jurisdiction based upon enduring relationship
Status: in_force

A court may exercise personal jurisdiction over: (1) A person domiciled in, organized under the laws of, or maintaining the person's principal place of business in, the state as to any claim for relief; or (2) A person who is a party to an action of divorce, annulment or separate maintenance when the parties have lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support, child visitation or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state. Acts 1997, ch. 226, § 1.
A court may exercise personal jurisdiction over:
(1) A person domiciled in, organized under the laws of, or maintaining the person's principal place of business in, the state as to any claim for relief; or
(2) A person who is a party to an action of divorce, annulment or separate maintenance when the parties have lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support, child visitation or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
Acts 1997, ch. 226, § 1.
Tenn. Code Ann. § 20-2-107 — TN Code / Title 20 / Chapter 2 / Section 20-2-107
Process in other counties
Status: in_force

Process in local actions may run to any county. Code 1858, § 2820; Shan., § 4525; Code 1932, § 8652; T.C.A. (orig. ed.), § 20-210.
Process in local actions may run to any county.
Code 1858, § 2820; Shan., § 4525; Code 1932, § 8652; T.C.A. (orig. ed.), § 20-210.
Tenn. Code Ann. § 20-13-104 — TN Code / Title 20 / Chapter 13 / Section 20-13-104
Order for deposit in treasury
Status: in_force

In all suits brought by the state, where it is made to appear, to the satisfaction of the chancellor or judge before whom the same is pending, that any funds, moneys, bonds, notes, coupons or securities are held by any person as agent, depository or trustee, either for the state or for any of the parties against whom the suit is pending, and the litigation involves the question as to which party is entitled to the ownership or possession of the fund, or the terms on which it shall be taken by the state, it shall be the duty of the court, judge or chancellor, in open court or at chambers, in term or in vacation, to order and direct that the fund be deposited in the treasury for safekeeping, which order the court, judge or chancellor shall proceed to enforce by process of attachment against the person, or by such other writ, process, orders or agency as may be adequate to the purpose. Acts 1873, ch. 78, § 1; Shan., § 4508; mod. Code 1932, § 8635; T.C.A. (orig. ed.), § 20-1704.
In all suits brought by the state, where it is made to appear, to the satisfaction of the chancellor or judge before whom the same is pending, that any funds, moneys, bonds, notes, coupons or securities are held by any person as agent, depository or trustee, either for the state or for any of the parties against whom the suit is pending, and the litigation involves the question as to which party is entitled to the ownership or possession of the fund, or the terms on which it shall be taken by the state, it shall be the duty of the court, judge or chancellor, in open court or at chambers, in term or in vacation, to order and direct that the fund be deposited in the treasury for safekeeping, which order the court, judge or chancellor shall proceed to enforce by process of attachment against the person, or by such other writ, process, orders or agency as may be adequate to the purpose.
Acts 1873, ch. 78, § 1; Shan., § 4508; mod. Code 1932, § 8635; T.C.A. (orig. ed.), § 20-1704.
Tenn. Code Ann. § 20-12-144 — TN Code / Title 20 / Chapter 12 / Section 20-12-144
Collection of fines or costs in default
Status: in_force

(a) If any portion of the court costs or litigation taxes, or both, have not been paid within six (6) months after the adjudication of a civil case, the clerk of the court may retain an agent to collect or institute proceedings to collect the costs or taxes, or both. (b) If an agent is used, the clerk of the court shall use the county's normal competitive bidding procedures to select and retain the agent. The clerk of the court shall award the bid with the approval of the judge of the affected court. (c) (1) The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office. (2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. Amended by 2014 Tenn. Acts, ch. 737,Secs.s3, s4 eff. 4/22/2014. Acts 1992, ch. 676, § 1; 1993, ch. 440, § 1.
(a) If any portion of the court costs or litigation taxes, or both, have not been paid within six (6) months after the adjudication of a civil case, the clerk of the court may retain an agent to collect or institute proceedings to collect the costs or taxes, or both.
(b) If an agent is used, the clerk of the court shall use the county's normal competitive bidding procedures to select and retain the agent. The clerk of the court shall award the bid with the approval of the judge of the affected court.
(c) (1) The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office. (2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected, which may be allocated from each payment made on the amounts owing for such civil costs and taxes.
(1) The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office.
(2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected, which may be allocated from each payment made on the amounts owing for such civil costs and taxes.
Amended by 2014 Tenn. Acts, ch. 737,Secs.s3, s4 eff. 4/22/2014.
Acts 1992, ch. 676, § 1; 1993, ch. 440, § 1.
Tenn. Code Ann. § 20-2-210 — TN Code / Title 20 / Chapter 2 / Section 20-2-210
Death of party after appointment of agent
Status: in_force

(a) The nonresident who, under § 20-2-209 , is deemed to have appointed the secretary of state as the nonresident's agent for process, shall further be deemed to have consented that the appointment of the secretary of state as the nonresident's agent for the purposes set forth in § 20-2-209 shall be irrevocable and binding upon the nonresident's executor or administrator. (b) Where such person has died prior to the commencement of an action brought pursuant to § 20-2-209 , this section and §§ 20-2-211 - 20-2-213, service of process shall be made on the executor or administrator of the decedent in the same manner as provided for an action commenced while the person is living. (c) Where an action has been duly commenced under § 20-2-209 , this section and §§ 20-2-211 - 20-2-213 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the defendant's executor or administrator upon motion, with such notice as the court deems proper. Acts 1961, ch. 246, § 2; T.C.A., § 20-231.
(a) The nonresident who, under § 20-2-209 , is deemed to have appointed the secretary of state as the nonresident's agent for process, shall further be deemed to have consented that the appointment of the secretary of state as the nonresident's agent for the purposes set forth in § 20-2-209 shall be irrevocable and binding upon the nonresident's executor or administrator.
(b) Where such person has died prior to the commencement of an action brought pursuant to § 20-2-209 , this section and §§ 20-2-211 - 20-2-213, service of process shall be made on the executor or administrator of the decedent in the same manner as provided for an action commenced while the person is living.
(c) Where an action has been duly commenced under § 20-2-209 , this section and §§ 20-2-211 - 20-2-213 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the defendant's executor or administrator upon motion, with such notice as the court deems proper.
Acts 1961, ch. 246, § 2; T.C.A., § 20-231.
Tenn. Code Ann. § 20-8-104 — TN Code / Title 20 / Chapter 8 / Section 20-8-104
Apportionment of causes
Status: in_force

The court may, in its discretion, direct the clerk to apportion the causes for as many days of the term as may be deemed necessary for their trial and disposition. This apportionment shall not affect legal priority. Code 1858, § 2948; Shan., § 4672; mod. Code 1932, § 8800; T.C.A. (orig. ed.), § 20-1210.
The court may, in its discretion, direct the clerk to apportion the causes for as many days of the term as may be deemed necessary for their trial and disposition. This apportionment shall not affect legal priority.
Code 1858, § 2948; Shan., § 4672; mod. Code 1932, § 8800; T.C.A. (orig. ed.), § 20-1210.
Tenn. Code Ann. § 20-5-106 — TN Code / Title 20 / Chapter 5 / Section 20-5-106
Injury resulting in death - Succession to cause of action - Beneficiaries
Status: in_force

(a) The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's surviving spouse and, in case there is no surviving spouse, to the person's children or next of kin; to the person's personal representative, for the benefit of the person's surviving spouse or next of kin; to the person's natural parents or parent or next of kin if at the time of death decedent was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by them pursuant to any court order removing such person from the custody of such parents or parent; or otherwise to the person's legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors. (b) In any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of the beneficiary, the court in its discretion may authorize all or any portion of the funds recovered for the beneficiary to be added to any trust or trusts established for the benefit of the beneficiary, wherever situated, whether the trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered shall be for the benefit of the beneficiary and shall be free from the claims of creditors. (c) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal, then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the rules of civil procedure or by constructive service as may otherwise be provided by law. (d) As used in this section, the word "person" includes an unborn child at any stage of gestation in utero. Amended by 2021 Tenn. Acts, ch. 379, s 2, eff. 5/11/2021. Code 1858, § 2291 (deriv. Acts 1849-1850, ch. 58, § 1; 1851-1852, ch. 17); Acts 1871, ch. 78, § 1; Shan., § 4025; Code 1932, §8236; Acts 1945, ch. 58, § 1; mod. C. Supp. 1950, § 8236; Acts 1953, ch. 210, § 1; 1959, ch. 240, § 1; 1975, ch. 284, § 1; 1978, ch. 742, § 1; T.C.A. (orig. ed.), § 20-607; Acts 1991, ch. 196, §1; 1998, ch. 866, §1; 2011 , ch. 366, § 1.
(a) The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's surviving spouse and, in case there is no surviving spouse, to the person's children or next of kin; to the person's personal representative, for the benefit of the person's surviving spouse or next of kin; to the person's natural parents or parent or next of kin if at the time of death decedent was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by them pursuant to any court order removing such person from the custody of such parents or parent; or otherwise to the person's legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors.
(b) In any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of the beneficiary, the court in its discretion may authorize all or any portion of the funds recovered for the beneficiary to be added to any trust or trusts established for the benefit of the beneficiary, wherever situated, whether the trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered shall be for the benefit of the beneficiary and shall be free from the claims of creditors.
(c) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal, then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the rules of civil procedure or by constructive service as may otherwise be provided by law.
(1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
(2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal, then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
(3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the rules of civil procedure or by constructive service as may otherwise be provided by law.
(d) As used in this section, the word "person" includes an unborn child at any stage of gestation in utero.
Amended by 2021 Tenn. Acts, ch. 379, s 2, eff. 5/11/2021.
Code 1858, § 2291 (deriv. Acts 1849-1850, ch. 58, § 1; 1851-1852, ch. 17); Acts 1871, ch. 78, § 1; Shan., § 4025; Code 1932, §8236; Acts 1945, ch. 58, § 1; mod. C. Supp. 1950, § 8236; Acts 1953, ch. 210, § 1; 1959, ch. 240, § 1; 1975, ch. 284, § 1; 1978, ch. 742, § 1; T.C.A. (orig. ed.), § 20-607; Acts 1991, ch. 196, §1; 1998, ch. 866, §1; 2011 , ch. 366, § 1.
Tenn. Code Ann. § 20-12-143 — TN Code / Title 20 / Chapter 12 / Section 20-12-143
General sessions courts - Collection of costs
Status: in_force

(a) It is the duty of the clerk of the court of general sessions, not less than thirty (30) days after the judgments of the court of general sessions have become final, to issue an execution against the party against whom the costs have been adjudged. (b) Likewise, in case of inability to collect the costs from the party against whom they have been adjudged, evidenced by the return of an execution nulla bona, it shall be the duty of the clerk, not later than thirty (30) days after the return of the execution nulla bona, to undertake to collect from the successful party all costs accruing at the instance of the successful party. Acts 1959, ch. 109, § 3; T.C.A., § 20-1645.
(a) It is the duty of the clerk of the court of general sessions, not less than thirty (30) days after the judgments of the court of general sessions have become final, to issue an execution against the party against whom the costs have been adjudged.
(b) Likewise, in case of inability to collect the costs from the party against whom they have been adjudged, evidenced by the return of an execution nulla bona, it shall be the duty of the clerk, not later than thirty (30) days after the return of the execution nulla bona, to undertake to collect from the successful party all costs accruing at the instance of the successful party.
Acts 1959, ch. 109, § 3; T.C.A., § 20-1645.
Tenn. Code Ann. § 20-6-202 — TN Code / Title 20 / Chapter 6 / Section 20-6-202
Actions on bonds
Status: in_force

In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained in the penal bonds or other writings, the plaintiff may assign as many breaches as the plaintiff deems proper, and verdict and judgment may be rendered for such of the breaches as the plaintiff may prove; or, if judgment is rendered for the plaintiff on demurrer or by default, a writ of inquiry of damages shall be awarded. Code 1858, § 2898; Shan., § 4619; Code 1932, § 8742; T.C.A. (orig. ed.), § 20-805.
In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained in the penal bonds or other writings, the plaintiff may assign as many breaches as the plaintiff deems proper, and verdict and judgment may be rendered for such of the breaches as the plaintiff may prove; or, if judgment is rendered for the plaintiff on demurrer or by default, a writ of inquiry of damages shall be awarded.
Code 1858, § 2898; Shan., § 4619; Code 1932, § 8742; T.C.A. (orig. ed.), § 20-805.
Tenn. Code Ann. § 20-12-121 — TN Code / Title 20 / Chapter 12 / Section 20-12-121
Failure to take security
Status: in_force

Any clerk who neglects to take the security required by § 20-12-120 is liable on the clerk's official bond to all persons aggrieved by the neglect. Code 1858, § 3188 (deriv. Acts 1787, ch. 19, § 3); Shan., § 4924; Code 1932, § 9076; T.C.A. (orig. ed.), § 20-1623.
Any clerk who neglects to take the security required by § 20-12-120 is liable on the clerk's official bond to all persons aggrieved by the neglect.
Code 1858, § 3188 (deriv. Acts 1787, ch. 19, § 3); Shan., § 4924; Code 1932, § 9076; T.C.A. (orig. ed.), § 20-1623.
Tenn. Code Ann. § 20-12-113 — TN Code / Title 20 / Chapter 12 / Section 20-12-113
Abatement of action
Status: in_force

When a plaintiff suffers the plaintiff's action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff's representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers of court, or any of them, and, if against a representative, shall be paid as other claims against the estate. Code 1858, § 3209; Shan., § 4951; mod. Code 1932, § 9104; T.C.A. (orig. ed.), § 20-1613.
When a plaintiff suffers the plaintiff's action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff's representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers of court, or any of them, and, if against a representative, shall be paid as other claims against the estate.
Code 1858, § 3209; Shan., § 4951; mod. Code 1932, § 9104; T.C.A. (orig. ed.), § 20-1613.
Tenn. Code Ann. § 20-13-202 — TN Code / Title 20 / Chapter 13 / Section 20-13-202
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "District" means all governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts; and (2) "Governmental entity" means: (A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities; (B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and (C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity. Added by 2021 Tenn. Acts, ch. 491, s 18, eff. 5/24/2021.
As used in this part, unless the context requires otherwise:
(1) "District" means all governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts; and
(2) "Governmental entity" means: (A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities; (B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and (C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity.
(A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities;
(B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and
(C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity.
Added by 2021 Tenn. Acts, ch. 491, s 18, eff. 5/24/2021.
Tenn. Code Ann. § 20-9-401 — TN Code / Title 20 / Chapter 9 / Section 20-9-401
Dismissal against part of defendants
Status: in_force

The plaintiff may, at any time during the pendency of an action, dismiss as to any one (1) or more of the defendants and proceed against the others. Code 1858, § 4246 (deriv. Acts 1835-1836, ch. 87, § 1); Shan., § 6084; Code 1932, § 10342; T.C.A. (orig. ed.), § 20-1310.
The plaintiff may, at any time during the pendency of an action, dismiss as to any one (1) or more of the defendants and proceed against the others.
Code 1858, § 4246 (deriv. Acts 1835-1836, ch. 87, § 1); Shan., § 6084; Code 1932, § 10342; T.C.A. (orig. ed.), § 20-1310.
Tenn. Code Ann. § 20-12-138 — TN Code / Title 20 / Chapter 12 / Section 20-12-138
Notice of motion against successful party
Status: in_force

In all civil cases, when motions are made against the successful party for costs accrued at the successful party's instance, and that cannot be collected from the other party, five (5) days' written notice of the time and place, and the court before which the motion is to be made, shall be given to the defendant in the motion. Acts 1879, ch. 113, § 1; Shan., § 4946; mod. Code 1932, § 9099; T.C.A. (orig. ed.), § 20-1640.
In all civil cases, when motions are made against the successful party for costs accrued at the successful party's instance, and that cannot be collected from the other party, five (5) days' written notice of the time and place, and the court before which the motion is to be made, shall be given to the defendant in the motion.
Acts 1879, ch. 113, § 1; Shan., § 4946; mod. Code 1932, § 9099; T.C.A. (orig. ed.), § 20-1640.
Tenn. Code Ann. § 20-1-103 — TN Code / Title 20 / Chapter 1 / Section 20-1-103
Action on bond
Status: in_force

For any breach of an official bond or undertaking of any officer, executor, administrator or guardian, or of any bond or undertaking required to be given by law for the security of the public generally or of particular individuals, the party aggrieved may, without assignment, bring suit on the breach for the aggrieved party's use, giving security for costs and being liable therefor as if the suit had been brought in the aggrieved party's own name. Code 1858, § 2797 (deriv. Acts 1822, ch. 16, § 4; 1825, ch. 45, §§ 1, 2, 5; 1826, ch. 27, § 1; 1851-1852, ch. 144, §§ 1, 2); Shan., § 4494; Code 1932, § 8621; T.C.A. (orig. ed.), § 20-103.
For any breach of an official bond or undertaking of any officer, executor, administrator or guardian, or of any bond or undertaking required to be given by law for the security of the public generally or of particular individuals, the party aggrieved may, without assignment, bring suit on the breach for the aggrieved party's use, giving security for costs and being liable therefor as if the suit had been brought in the aggrieved party's own name.
Code 1858, § 2797 (deriv. Acts 1822, ch. 16, § 4; 1825, ch. 45, §§ 1, 2, 5; 1826, ch. 27, § 1; 1851-1852, ch. 144, §§ 1, 2); Shan., § 4494; Code 1932, § 8621; T.C.A. (orig. ed.), § 20-103.
Tenn. Code Ann. § 20-5-110 — TN Code / Title 20 / Chapter 5 / Section 20-5-110
Action for death of spouse
Status: in_force

(a) A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse. (b) The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased. (c) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law. (4) A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action. Acts 1897, ch. 86, § 2; Shan., § 4029a2; mod. Code 1932, §8239; Acts 1953, ch. 210, § 2; 1975, ch. 284, § 4; T.C.A. (orig. ed.), § 20-611; Acts 1981, ch. 250, §1; 2011 , ch. 366, § 3.
(a) A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.
(b) The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.
(c) (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years. (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section. (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law. (4) A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action.
(1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
(2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
(3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.
(4) A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action.
Acts 1897, ch. 86, § 2; Shan., § 4029a2; mod. Code 1932, §8239; Acts 1953, ch. 210, § 2; 1975, ch. 284, § 4; T.C.A. (orig. ed.), § 20-611; Acts 1981, ch. 250, §1; 2011 , ch. 366, § 3.
Tenn. Code Ann. § 20-17-101 — TN Code / Title 20 / Chapter 17 / Section 20-17-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Public Participation Act." Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
This chapter shall be known and may be cited as the "Tennessee Public Participation Act."
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-6-401 — TN Code / Title 20 / Chapter 6 / Section 20-6-401
Setoff by co-maker or surety
Status: in_force

A co-maker or surety, when sued alone, may, with the consent of the co-maker's or surety's co-maker or principal, use, by way of setoff, any of the debts or demands, held by the co-maker or principal against the plaintiff at the commencement of the action, and matured when offered in setoff, but the plaintiff may meet it in the same way as if made by the co-maker or principal who originally held the debts or demands. Code 1858, § 2920; Shan., § 4641; mod. Code 1932, § 8770; T.C.A. (orig. ed.), § 20-1003; modified.
A co-maker or surety, when sued alone, may, with the consent of the co-maker's or surety's co-maker or principal, use, by way of setoff, any of the debts or demands, held by the co-maker or principal against the plaintiff at the commencement of the action, and matured when offered in setoff, but the plaintiff may meet it in the same way as if made by the co-maker or principal who originally held the debts or demands.
Code 1858, § 2920; Shan., § 4641; mod. Code 1932, § 8770; T.C.A. (orig. ed.), § 20-1003; modified.
Tenn. Code Ann. § 20-7-103 — TN Code / Title 20 / Chapter 7 / Section 20-7-103
Terms on which granted
Status: in_force

The court, in so entering or in granting continuances, may impose terms upon the party at whose instance the cause has been continued, by making the party pay costs, or otherwise, as may best further the progress of the cause and the ends of justice. Code 1858, § 2942 (deriv. Acts 1779 (Apr.), ch. 4, § 5); Shan., §4663; Code 1932, § 8791; T.C.A. (orig. ed.), § 20-1103.
The court, in so entering or in granting continuances, may impose terms upon the party at whose instance the cause has been continued, by making the party pay costs, or otherwise, as may best further the progress of the cause and the ends of justice.
Code 1858, § 2942 (deriv. Acts 1779 (Apr.), ch. 4, § 5); Shan., §4663; Code 1932, § 8791; T.C.A. (orig. ed.), § 20-1103.
Tenn. Code Ann. § 20-9-506 — TN Code / Title 20 / Chapter 9 / Section 20-9-506
Time for decision in nonjury cases
Status: in_force

When any judge of any district tries a case without the intervention of a jury, whether the judge is required to reduce the judge's finding of facts to writing or not, the judge shall be required to render the judge's decision and have judgment entered in the case within sixty (60) days from the completion of the trial. Acts 1903, ch. 441, § 1; Shan., § 6087a1; Code 1932, § 10347; mod. C. Supp. 1950, § 10347; T.C.A. (orig. ed.), § 20-1322.
When any judge of any district tries a case without the intervention of a jury, whether the judge is required to reduce the judge's finding of facts to writing or not, the judge shall be required to render the judge's decision and have judgment entered in the case within sixty (60) days from the completion of the trial.
Acts 1903, ch. 441, § 1; Shan., § 6087a1; Code 1932, § 10347; mod. C. Supp. 1950, § 10347; T.C.A. (orig. ed.), § 20-1322.
Tenn. Code Ann. § 20-14-107 — TN Code / Title 20 / Chapter 14 / Section 20-14-107
Delivery of orders to law enforcement agencies - Availability of information to law enforcement officers
Status: in_force

The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination of the temporary restraining order or injunction, granted under this chapter, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence. Acts 2002, ch. 541, § 8.
The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination of the temporary restraining order or injunction, granted under this chapter, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
Acts 2002, ch. 541, § 8.
Tenn. Code Ann. § 20-3-101 — TN Code / Title 20 / Chapter 3 / Section 20-3-101
Filing of abstract - Effect of not filing
Status: in_force

(a) When any person, in any court of record, by declaration, petition, bill or cross bill, seeks to fix a lien lis pendens on real estate, or any interest in real estate, situated in the county of suit, in furtherance of the setting aside of a fraudulent conveyance, of subjection of property under return of nulla bona, tracing a trust fund, enforcing an equitable vendor's lien, or otherwise, that person shall file for record in the register's office of the county an abstract, certified by the clerk, containing the names of the parties to the suit, a description of the real estate affected, its ownership and a brief statement of the nature and amount of the lien sought to be fixed. (b) Until the abstract is so filed, so far as concerns the rights of bona fide purchasers and encumbrancers, for value, of the realty, or any interest in the realty, they shall not be affected. Code 1932, § 8053; T.C.A. (orig. ed.), § 20-301.
(a) When any person, in any court of record, by declaration, petition, bill or cross bill, seeks to fix a lien lis pendens on real estate, or any interest in real estate, situated in the county of suit, in furtherance of the setting aside of a fraudulent conveyance, of subjection of property under return of nulla bona, tracing a trust fund, enforcing an equitable vendor's lien, or otherwise, that person shall file for record in the register's office of the county an abstract, certified by the clerk, containing the names of the parties to the suit, a description of the real estate affected, its ownership and a brief statement of the nature and amount of the lien sought to be fixed.
(b) Until the abstract is so filed, so far as concerns the rights of bona fide purchasers and encumbrancers, for value, of the realty, or any interest in the realty, they shall not be affected.
Code 1932, § 8053; T.C.A. (orig. ed.), § 20-301.
Tenn. Code Ann. § 20-2-105 — TN Code / Title 20 / Chapter 2 / Section 20-2-105
Service of process on Sunday on parties leaving jurisdiction
Status: in_force

Sheriffs or constables having process in their hands in civil actions pending in magistrate's court or courts of record, if it appears to their satisfaction that parties to be sued are leaving the county or state, have the right to execute the process on Sunday. Acts 1885, ch. 53, § 1; Shan., § 4532; Code 1932, § 8659; T.C.A. (orig. ed.), § 20-208.
Sheriffs or constables having process in their hands in civil actions pending in magistrate's court or courts of record, if it appears to their satisfaction that parties to be sued are leaving the county or state, have the right to execute the process on Sunday.
Acts 1885, ch. 53, § 1; Shan., § 4532; Code 1932, § 8659; T.C.A. (orig. ed.), § 20-208.
Tenn. Code Ann. § 20-12-104 — TN Code / Title 20 / Chapter 12 / Section 20-12-104
Postage
Status: in_force

Postage or expressage paid by the officers of the court, or by the parties in sending process, depositions and other papers, being part of the record, by mail or express, shall be taxed in the bill of costs. Code 1858, § 3207 (deriv. Acts 1841-1842, ch. 129, § 7); Shan., §4949; mod. Code 1932, § 9102; T.C.A. (orig. ed.), § 20-1604.
Postage or expressage paid by the officers of the court, or by the parties in sending process, depositions and other papers, being part of the record, by mail or express, shall be taxed in the bill of costs.
Code 1858, § 3207 (deriv. Acts 1841-1842, ch. 129, § 7); Shan., §4949; mod. Code 1932, § 9102; T.C.A. (orig. ed.), § 20-1604.
Tenn. Code Ann. § 20-1-111 — TN Code / Title 20 / Chapter 1 / Section 20-1-111
Maintaining action after executor or administrator removes from jurisdiction
Status: in_force

(a) Where one (1) of several executors or administrators removes out of the state, actions may be prosecuted and judgments rendered against such as remain, in the same manner as if all were sued. (b) If the cause of action is within the jurisdiction of a judge of the court of general sessions, it may be prosecuted against the administrator or executor who remains in the county, where one (1) of them removes out of the state or into another county. Code 1858, §§ 2791, 2792 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, §1); Shan., §§ 4488, 4489; Code 1932, §§ 8615, 8616; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-112.
(a) Where one (1) of several executors or administrators removes out of the state, actions may be prosecuted and judgments rendered against such as remain, in the same manner as if all were sued.
(b) If the cause of action is within the jurisdiction of a judge of the court of general sessions, it may be prosecuted against the administrator or executor who remains in the county, where one (1) of them removes out of the state or into another county.
Code 1858, §§ 2791, 2792 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, §1); Shan., §§ 4488, 4489; Code 1932, §§ 8615, 8616; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-112.
Tenn. Code Ann. § 20-13-107 — TN Code / Title 20 / Chapter 13 / Section 20-13-107
Return of deposited property
Status: in_force

Where moneys are deposited in the state treasury under the provisions of this part, the court shall have power, in the event the right to the moneys are adjudged against the state, to order the return of the moneys to the party entitled, and the moneys shall be paid out of the treasury without any delay, and in exclusion of all other claims whatever. Acts 1873, ch. 78, § 3; Shan., § 4511; Code 1932, § 8638; T.C.A. (orig. ed.), § 20-1707.
Where moneys are deposited in the state treasury under the provisions of this part, the court shall have power, in the event the right to the moneys are adjudged against the state, to order the return of the moneys to the party entitled, and the moneys shall be paid out of the treasury without any delay, and in exclusion of all other claims whatever.
Acts 1873, ch. 78, § 3; Shan., § 4511; Code 1932, § 8638; T.C.A. (orig. ed.), § 20-1707.