Tenn. Code Ann. § 29-34-502 — TN Code / Title 29 / Chapter 34 / Section 29-34-502
Part definitions
Status: in_force

For purposes of this part: (1) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: (A) The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance; (B) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child or other relative of the person; and (C) Any claim for damage or loss caused by the installation, presence, or removal of asbestos; (2) "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state; (3) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of such successor corporation's successors; (4) (A) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation; (B) "Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 29-34-505 , were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and (5) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred. Added by 2013 Tenn. Acts, ch. 246, s 3, eff. 7/1/2013.
For purposes of this part:
(1) "Asbestos claim" means any claim, wherever or whenever made, for damages, losses, indemnification, contribution, or other relief arising out of, based on, or in any way related to asbestos, including: (A) The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance; (B) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child or other relative of the person; and (C) Any claim for damage or loss caused by the installation, presence, or removal of asbestos;
(A) The health effects of exposure to asbestos, including a claim for personal injury or death, mental or emotional injury, risk of disease or other injury, or the costs of medical monitoring or surveillance;
(B) Any claim made by or on behalf of any person exposed to asbestos, or a representative, spouse, parent, child or other relative of the person; and
(C) Any claim for damage or loss caused by the installation, presence, or removal of asbestos;
(2) "Corporation" means a corporation for profit, including a domestic corporation organized under the laws of this state or a foreign corporation organized under laws other than the laws of this state;
(3) "Successor" means a corporation that assumes or incurs or has assumed or incurred successor asbestos-related liabilities that is a successor and became a successor before January 1, 1972, or is any of such successor corporation's successors;
(4) (A) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation; (B) "Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 29-34-505 , were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and
(A) "Successor asbestos-related liabilities" means any liabilities, whether known or unknown, asserted or unasserted, absolute or contingent, accrued or unaccrued, liquidated or unliquidated, or due or to become due, that are related in any way to asbestos claims and were assumed or incurred by a corporation as a result of or in connection with a merger or consolidation, or the plan of merger or consolidation related to the merger or consolidation with or into another corporation, or that are related in any way to asbestos claims based on the exercise of control or the ownership of stock of the corporation before the merger or consolidation;
(B) "Successor asbestos-related liabilities" includes liabilities that, after the time of the merger or consolidation for which the fair market value of total gross assets is determined under § 29-34-505 , were or are paid or otherwise discharged, or committed to be paid or otherwise discharged, by or on behalf of the corporation, or a successor of the corporation, or by or on behalf of a transferor, in connection with settlements, judgments, or other discharges in this state or another jurisdiction; and
(5) "Transferor" means a corporation from which successor asbestos-related liabilities are or were assumed or incurred.
Added by 2013 Tenn. Acts, ch. 246, s 3, eff. 7/1/2013.
Tenn. Code Ann. § 29-13-303 — TN Code / Title 29 / Chapter 13 / Section 29-13-303
Basis for encroachment of funds
Status: in_force

Encroachment on the funds shall be allowed for any injury related expenses specifically contemplated by the commission or the division in granting the compensation award. Encroachment on the funds may also be allowed for unusual medical expenses, including, but not limited to, eyeglasses or braces, or for unusual educational opportunities, such as school field trips, or, with good cause shown, other need of the minor, provided such need is not for normal living expenses. Encroachment on the funds shall not be allowed if the minor is legally entitled to receive payment for such expenses from any other public or private source including, but not limited to, insurance, TennCare or medicaid. Acts 1993, ch. 494, § 1.
Encroachment on the funds shall be allowed for any injury related expenses specifically contemplated by the commission or the division in granting the compensation award. Encroachment on the funds may also be allowed for unusual medical expenses, including, but not limited to, eyeglasses or braces, or for unusual educational opportunities, such as school field trips, or, with good cause shown, other need of the minor, provided such need is not for normal living expenses. Encroachment on the funds shall not be allowed if the minor is legally entitled to receive payment for such expenses from any other public or private source including, but not limited to, insurance, TennCare or medicaid.
Acts 1993, ch. 494, § 1.
Tenn. Code Ann. § 29-40-101 — TN Code / Title 29 / Chapter 40 / Section 29-40-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Uniform Commercial Real Estate Receivership Act." Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
This chapter shall be known and may be cited as the "Uniform Commercial Real Estate Receivership Act."
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-6-158 — TN Code / Title 29 / Chapter 6 / Section 29-6-158
Land subjected to judgment of general sessions court
Status: in_force

In all attachment cases returnable before a judge of the court of general sessions, when land has been levied upon, either by the attachment or by execution under the judgment, and it is necessary to sell the land to satisfy the judgment, the papers shall be returned to the circuit court, and the land condemned, as in other cases of levy upon land by execution of a general sessions judge. Code 1858, § 3537; Shan., § 5297; Code 1932, § 9489; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-658.
In all attachment cases returnable before a judge of the court of general sessions, when land has been levied upon, either by the attachment or by execution under the judgment, and it is necessary to sell the land to satisfy the judgment, the papers shall be returned to the circuit court, and the land condemned, as in other cases of levy upon land by execution of a general sessions judge.
Code 1858, § 3537; Shan., § 5297; Code 1932, § 9489; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-658.
Tenn. Code Ann. § 29-16-106 — TN Code / Title 29 / Chapter 16 / Section 29-16-106
Parties defendant
Status: in_force

All parties having any interest in any way in such land or rights may be made defendants, and the proceedings shall only cover and affect the interest of those who are actually made parties, unborn remaindermen being, however, bound by proceedings to which all living persons in interest are parties. Code 1858, § 1329; Shan., § 1848; mod. Code 1932, § 3113; T.C.A. (orig. ed.), § 23-1406.
All parties having any interest in any way in such land or rights may be made defendants, and the proceedings shall only cover and affect the interest of those who are actually made parties, unborn remaindermen being, however, bound by proceedings to which all living persons in interest are parties.
Code 1858, § 1329; Shan., § 1848; mod. Code 1932, § 3113; T.C.A. (orig. ed.), § 23-1406.
Tenn. Code Ann. § 29-6-110 — TN Code / Title 29 / Chapter 6 / Section 29-6-110
Jurisdiction of courts
Status: in_force

Suits by original attachment may be brought in any court, or before any magistrate, having jurisdiction of the cause of action. Code 1858, § 3460 (deriv. Acts 1794, ch. 1, § 19; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166; 1851-1852, ch. 177); Shan., § 5217; Code 1932, § 9404; T.C.A. (orig. ed.), § 23-610.
Suits by original attachment may be brought in any court, or before any magistrate, having jurisdiction of the cause of action.
Code 1858, § 3460 (deriv. Acts 1794, ch. 1, § 19; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166; 1851-1852, ch. 177); Shan., § 5217; Code 1932, § 9404; T.C.A. (orig. ed.), § 23-610.
Tenn. Code Ann. § 29-20-106 — TN Code / Title 29 / Chapter 20 / Section 29-20-106
Workers' compensation not affected
Status: in_force

This chapter shall not apply to any action brought by an employee under the workers' compensation laws of Tennessee. Acts 1973, ch. 345, § 6; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 23-3306.
This chapter shall not apply to any action brought by an employee under the workers' compensation laws of Tennessee.
Acts 1973, ch. 345, § 6; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 23-3306.
Tenn. Code Ann. § 29-2-101 — TN Code / Title 29 / Chapter 2 / Section 29-2-101
Writing required for action
Status: in_force

(a) No action shall be brought: (1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate; (2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; (3) To charge any person upon any agreement made upon consideration of marriage; (4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or (5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought. (b) (1) No action shall be brought against a lender or creditor upon any promise or commitment to lend money or to extend credit, or upon any promise or commitment to alter, amend, renew, extend or otherwise modify or supplement any written promise, agreement or commitment to lend money or extend credit, unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the lender or creditor, or some other person lawfully authorized by such lender or creditor. (2) A promise or commitment described in subdivision (b)(1) need not be signed by the lender or creditor, if such promise or commitment is in the form of a promissory note or other writing that describes the credit or loan and that by its terms: (A) Is intended by the parties to be signed by the debtor but not by the lender or creditor; (B) Has actually been signed by the debtor; and (C) Delivery of which has been accepted by the lender or creditor. (c) For purposes of this section, a writing, or some memorandum or note thereof, includes a record. Code 1858, § 1758 (deriv. Acts 1801, ch. 25, § 1); Shan., § 3142; Code 1932, § 7831; T.C.A. (orig. ed.), § 23-201; Acts 1989, ch. 88, §1; 1997 , ch. 272, § 2; 2006, ch. 810, § 1.
(a) No action shall be brought: (1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate; (2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person; (3) To charge any person upon any agreement made upon consideration of marriage; (4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or (5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought.
(1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate;
(2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person;
(3) To charge any person upon any agreement made upon consideration of marriage;
(4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or
(5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract; unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought.
unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought.
(b) (1) No action shall be brought against a lender or creditor upon any promise or commitment to lend money or to extend credit, or upon any promise or commitment to alter, amend, renew, extend or otherwise modify or supplement any written promise, agreement or commitment to lend money or extend credit, unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the lender or creditor, or some other person lawfully authorized by such lender or creditor. (2) A promise or commitment described in subdivision (b)(1) need not be signed by the lender or creditor, if such promise or commitment is in the form of a promissory note or other writing that describes the credit or loan and that by its terms: (A) Is intended by the parties to be signed by the debtor but not by the lender or creditor; (B) Has actually been signed by the debtor; and (C) Delivery of which has been accepted by the lender or creditor.
(1) No action shall be brought against a lender or creditor upon any promise or commitment to lend money or to extend credit, or upon any promise or commitment to alter, amend, renew, extend or otherwise modify or supplement any written promise, agreement or commitment to lend money or extend credit, unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the lender or creditor, or some other person lawfully authorized by such lender or creditor.
(2) A promise or commitment described in subdivision (b)(1) need not be signed by the lender or creditor, if such promise or commitment is in the form of a promissory note or other writing that describes the credit or loan and that by its terms: (A) Is intended by the parties to be signed by the debtor but not by the lender or creditor; (B) Has actually been signed by the debtor; and (C) Delivery of which has been accepted by the lender or creditor.
(A) Is intended by the parties to be signed by the debtor but not by the lender or creditor;
(B) Has actually been signed by the debtor; and
(C) Delivery of which has been accepted by the lender or creditor.
(c) For purposes of this section, a writing, or some memorandum or note thereof, includes a record.
Code 1858, § 1758 (deriv. Acts 1801, ch. 25, § 1); Shan., § 3142; Code 1932, § 7831; T.C.A. (orig. ed.), § 23-201; Acts 1989, ch. 88, §1; 1997 , ch. 272, § 2; 2006, ch. 810, § 1.
Tenn. Code Ann. § 29-40-106 — TN Code / Title 29 / Chapter 40 / Section 29-40-106
Appointment of receiver
Status: in_force

(a) The court may appoint a receiver: (1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property's revenue-producing potential: (A) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or (B) Has been or is about to be the subject of a voidable transaction; (2) After judgment: (A) To carry the judgment into effect; or (B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; (3) In an action in which a receiver for real property may be appointed on equitable grounds; or (4) During the time allowed for redemption, to preserve real property sold in an execution or foreclosure sale and secure the property's rents to the person entitled to the property's rents. (b) In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if: (1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment; (2) The mortgagor agreed in a signed record to appointment of a receiver on default; (3) The owner agreed, after default and in a signed record, to appointment of a receiver; (4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation; (5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or (6) The holder of a subordinate lien obtains appointment of a receiver for the property. (c) The court may condition appointment of a receiver without prior notice under § 29-40-103(b)(1) or without a prior hearing under § 29-40-103(b)(2) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney's fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) The court may appoint a receiver: (1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property's revenue-producing potential: (A) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or (B) Has been or is about to be the subject of a voidable transaction; (2) After judgment: (A) To carry the judgment into effect; or (B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment; (3) In an action in which a receiver for real property may be appointed on equitable grounds; or (4) During the time allowed for redemption, to preserve real property sold in an execution or foreclosure sale and secure the property's rents to the person entitled to the property's rents.
(1) Before judgment, to protect a party that demonstrates an apparent right, title, or interest in real property that is the subject of the action, if the property or the property's revenue-producing potential: (A) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or (B) Has been or is about to be the subject of a voidable transaction;
(A) Is being subjected to or is in danger of waste, loss, dissipation, or impairment; or
(B) Has been or is about to be the subject of a voidable transaction;
(2) After judgment: (A) To carry the judgment into effect; or (B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;
(A) To carry the judgment into effect; or
(B) To preserve nonexempt real property pending appeal or when an execution has been returned unsatisfied and the owner refuses to apply the property in satisfaction of the judgment;
(3) In an action in which a receiver for real property may be appointed on equitable grounds; or
(4) During the time allowed for redemption, to preserve real property sold in an execution or foreclosure sale and secure the property's rents to the person entitled to the property's rents.
(b) In connection with the foreclosure or other enforcement of a mortgage, a mortgagee is entitled to appointment of a receiver for the mortgaged property if: (1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment; (2) The mortgagor agreed in a signed record to appointment of a receiver on default; (3) The owner agreed, after default and in a signed record, to appointment of a receiver; (4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation; (5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or (6) The holder of a subordinate lien obtains appointment of a receiver for the property.
(1) Appointment is necessary to protect the property from waste, loss, transfer, dissipation, or impairment;
(2) The mortgagor agreed in a signed record to appointment of a receiver on default;
(3) The owner agreed, after default and in a signed record, to appointment of a receiver;
(4) The property and any other collateral held by the mortgagee are not sufficient to satisfy the secured obligation;
(5) The owner fails to turn over to the mortgagee proceeds or rents the mortgagee was entitled to collect; or
(6) The holder of a subordinate lien obtains appointment of a receiver for the property.
(c) The court may condition appointment of a receiver without prior notice under § 29-40-103(b)(1) or without a prior hearing under § 29-40-103(b)(2) on the giving of security by the person seeking the appointment for the payment of damages, reasonable attorney's fees, and costs incurred or suffered by any person if the court later concludes that the appointment was not justified. If the court later concludes that the appointment was justified, the court shall release the security.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-6-156 — TN Code / Title 29 / Chapter 6 / Section 29-6-156
Loss of replevied property
Status: in_force

The death or destruction of the property, without any fault of the defendant, after the replevy, is no defense to the liability on such bond. Code 1858, § 3515; Shan., § 5275; Code 1932, § 9466; T.C.A. (orig. ed.), § 23-656.
The death or destruction of the property, without any fault of the defendant, after the replevy, is no defense to the liability on such bond.
Code 1858, § 3515; Shan., § 5275; Code 1932, § 9466; T.C.A. (orig. ed.), § 23-656.
Tenn. Code Ann. § 29-1-102 — TN Code / Title 29 / Chapter 1 / Section 29-1-102
Injunction pending litigation
Status: in_force

In real actions, and in actions for the recovery of personal property in specie, the court in which the suit is pending may restrain the injury, removal, or destruction of the property by process of injunction, until the cause is finally disposed of. Code 1858, § 3767; Shan., § 5548; Code 1932, § 9718; T.C.A. (orig. ed.), § 23-103.
In real actions, and in actions for the recovery of personal property in specie, the court in which the suit is pending may restrain the injury, removal, or destruction of the property by process of injunction, until the cause is finally disposed of.
Code 1858, § 3767; Shan., § 5548; Code 1932, § 9718; T.C.A. (orig. ed.), § 23-103.
Tenn. Code Ann. § 29-6-144 — TN Code / Title 29 / Chapter 6 / Section 29-6-144
Publication of notice of levy
Status: in_force

(a) As soon as the attachment is levied upon property of the defendant, the clerk of the court shall make out, in pursuance of the order of publication, a memorandum or notice thereof, and cause same to be published forthwith in some convenient newspaper according to law. (b) The publication shall be made for four (4) consecutive weeks in a newspaper published in the county in which the suit is brought, if any, and, if not, in some convenient newspaper to be designated in the order, the last publication to be at least one (1) week before the time fixed for the defendant's appearance. Code 1858, §§ 3521, 3523 (deriv. Acts 1835-1836, ch. 43, § 5; 1841-1842, ch. 54, § 2; 1851-1852, ch. 365, § 3); Shan., §§5281, 5283; Code 1932, §§ 9472, 9474; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-644.
(a) As soon as the attachment is levied upon property of the defendant, the clerk of the court shall make out, in pursuance of the order of publication, a memorandum or notice thereof, and cause same to be published forthwith in some convenient newspaper according to law.
(b) The publication shall be made for four (4) consecutive weeks in a newspaper published in the county in which the suit is brought, if any, and, if not, in some convenient newspaper to be designated in the order, the last publication to be at least one (1) week before the time fixed for the defendant's appearance.
Code 1858, §§ 3521, 3523 (deriv. Acts 1835-1836, ch. 43, § 5; 1841-1842, ch. 54, § 2; 1851-1852, ch. 365, § 3); Shan., §§5281, 5283; Code 1932, §§ 9472, 9474; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-644.
Tenn. Code Ann. § 29-6-142 — TN Code / Title 29 / Chapter 6 / Section 29-6-142
Order of publication
Status: in_force

(a) The officer granting the attachment may, at the time, direct that, as soon as the attachment is levied, publication be made in some newspaper, requiring the defendant to appear at a time and place to be mentioned in such publication, before the court having cognizance of the attachment, and defend the action thus commenced, otherwise the cause may be proceeded with ex parte. (b) If the order of publication is not then made, the clerk of the court or the court itself may make such order at any time thereafter. Code 1858, §§ 3518, 3519 (deriv. Acts 1841-1842, ch. 54, § 2; 1845-1846, ch. 108, § 2); Shan., §§ 5278, 5279; Code 1932, §§ 9469, 9470; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-642.
(a) The officer granting the attachment may, at the time, direct that, as soon as the attachment is levied, publication be made in some newspaper, requiring the defendant to appear at a time and place to be mentioned in such publication, before the court having cognizance of the attachment, and defend the action thus commenced, otherwise the cause may be proceeded with ex parte.
(b) If the order of publication is not then made, the clerk of the court or the court itself may make such order at any time thereafter.
Code 1858, §§ 3518, 3519 (deriv. Acts 1841-1842, ch. 54, § 2; 1845-1846, ch. 108, § 2); Shan., §§ 5278, 5279; Code 1932, §§ 9469, 9470; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-642.
Tenn. Code Ann. § 29-38-110 — TN Code / Title 29 / Chapter 38 / Section 29-38-110
Joinder
Status: in_force

(a) Two (2) or more persons may join in one (1) action under this chapter as plaintiffs, if their respective actions have at least one (1) place of illegal drug activity in common, and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff. (b) Two (2) or more persons may be joined in one (1) action under this chapter as defendants, if those persons are liable to at least one (1) plaintiff. (c) A plaintiff need not be interested in obtaining, and a defendant need not be interested in defending against, all the relief demanded. Judgment may be given for one (1) or more plaintiffs, according to their respective rights to relief, and against one (1) or more defendants, according to their respective liabilities. Acts 2005, ch. 377, § 10.
(a) Two (2) or more persons may join in one (1) action under this chapter as plaintiffs, if their respective actions have at least one (1) place of illegal drug activity in common, and if any portion of the period of illegal drug use overlaps with the period of illegal drug use for every other plaintiff.
(b) Two (2) or more persons may be joined in one (1) action under this chapter as defendants, if those persons are liable to at least one (1) plaintiff.
(c) A plaintiff need not be interested in obtaining, and a defendant need not be interested in defending against, all the relief demanded. Judgment may be given for one (1) or more plaintiffs, according to their respective rights to relief, and against one (1) or more defendants, according to their respective liabilities.
Acts 2005, ch. 377, § 10.
Tenn. Code Ann. § 29-22-103 — TN Code / Title 29 / Chapter 22 / Section 29-22-103
Duties of circuit court clerk - Hospital lien book - Fee
Status: in_force

(a) The clerk of the circuit court shall endorse on such claim the date and hour of filing and at the expense of the county shall provide a hospital lien book with proper index in which the clerk shall enter the date and hour of such filing, the name and address of the hospital, the operator thereof and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damages. (b) The clerk shall be paid the sum of ten dollars ($10.00) as the fee for filing the claim. Acts 1970, ch. 527, § 3; T.C.A., § 23-3203; Acts 1988, ch. 666, § 1.
(a) The clerk of the circuit court shall endorse on such claim the date and hour of filing and at the expense of the county shall provide a hospital lien book with proper index in which the clerk shall enter the date and hour of such filing, the name and address of the hospital, the operator thereof and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damages.
(b) The clerk shall be paid the sum of ten dollars ($10.00) as the fee for filing the claim.
Acts 1970, ch. 527, § 3; T.C.A., § 23-3203; Acts 1988, ch. 666, § 1.
Tenn. Code Ann. § 29-37-104 — TN Code / Title 29 / Chapter 37 / Section 29-37-104
Claims and awards for fees and expenses
Status: in_force

(a) (1) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a state agency or over an action for judicial review brought pursuant to § 4-5-322 , may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a state agency. (2) (A) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a local government or over an action for judicial review may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a local government. (B) A small business that makes a claim against a local government for fees and expenses under this chapter that is not supported by substantial evidence or that is arbitrary or capricious or that is brought in bad faith for the purpose of harassment shall be subject to the procedures and sanctions of Tennessee Rules of Civil Procedure, Rule 11. (b) (1) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the state agency were not supported by substantial evidence or were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust. (2) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the local government were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust. (c) (1) In a civil action commenced by a state agency or local government, a small business, in order to be eligible to make a claim for fees and other expenses under this chapter, must file a claim with the court within thirty (30) days after a final judgment has been rendered. (2) In an action for judicial review brought in accordance with § 4-5-322 or an action for judicial review in a case in which a local government is a party, a small business must specifically state in the petition for review that it seeks fees and other expenses under this chapter. Failure to state shall bar the small business from making any claim under this chapter unless such a claim is filed subsequently with the court, in which event the small business shall be entitled to receive payment for fees or services actually rendered or expenses actually incurred after the notice of intent to make a claim is filed. (3) All claims for fees and other expenses shall include, where applicable, an itemized statement for those fees including the actual time expended in representing a party and the rate at which the fees were computed, as well as invoices or statements showing the actual amount of other expenses incurred. (d) (1) Awards provided for in this chapter against a state agency shall, upon order of the court, be paid by the department of finance and administration from the general fund, except in the case of awards in cases involving the department of transportation, in which case the payment shall be made from the general highway fund. (2) Awards provided for in this chapter against a local government shall, upon order of the court, be paid by the local government. Amended by 2016 Tenn. Acts, ch. 797, s 10, eff. 4/14/2016. Acts 1984, ch. 495, § 4; 1989, ch. 365, §§2-6; 2010 , ch. 1030, § 11.
(a) (1) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a state agency or over an action for judicial review brought pursuant to § 4-5-322 , may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a state agency. (2) (A) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a local government or over an action for judicial review may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a local government. (B) A small business that makes a claim against a local government for fees and expenses under this chapter that is not supported by substantial evidence or that is arbitrary or capricious or that is brought in bad faith for the purpose of harassment shall be subject to the procedures and sanctions of Tennessee Rules of Civil Procedure, Rule 11.
(1) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a state agency or over an action for judicial review brought pursuant to § 4-5-322 , may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a state agency.
(2) (A) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a local government or over an action for judicial review may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a local government. (B) A small business that makes a claim against a local government for fees and expenses under this chapter that is not supported by substantial evidence or that is arbitrary or capricious or that is brought in bad faith for the purpose of harassment shall be subject to the procedures and sanctions of Tennessee Rules of Civil Procedure, Rule 11.
(A) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a local government or over an action for judicial review may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a local government.
(B) A small business that makes a claim against a local government for fees and expenses under this chapter that is not supported by substantial evidence or that is arbitrary or capricious or that is brought in bad faith for the purpose of harassment shall be subject to the procedures and sanctions of Tennessee Rules of Civil Procedure, Rule 11.
(b) (1) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the state agency were not supported by substantial evidence or were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust. (2) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the local government were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust.
(1) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the state agency were not supported by substantial evidence or were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust.
(2) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the local government were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust.
(c) (1) In a civil action commenced by a state agency or local government, a small business, in order to be eligible to make a claim for fees and other expenses under this chapter, must file a claim with the court within thirty (30) days after a final judgment has been rendered. (2) In an action for judicial review brought in accordance with § 4-5-322 or an action for judicial review in a case in which a local government is a party, a small business must specifically state in the petition for review that it seeks fees and other expenses under this chapter. Failure to state shall bar the small business from making any claim under this chapter unless such a claim is filed subsequently with the court, in which event the small business shall be entitled to receive payment for fees or services actually rendered or expenses actually incurred after the notice of intent to make a claim is filed. (3) All claims for fees and other expenses shall include, where applicable, an itemized statement for those fees including the actual time expended in representing a party and the rate at which the fees were computed, as well as invoices or statements showing the actual amount of other expenses incurred.
(1) In a civil action commenced by a state agency or local government, a small business, in order to be eligible to make a claim for fees and other expenses under this chapter, must file a claim with the court within thirty (30) days after a final judgment has been rendered.
(2) In an action for judicial review brought in accordance with § 4-5-322 or an action for judicial review in a case in which a local government is a party, a small business must specifically state in the petition for review that it seeks fees and other expenses under this chapter. Failure to state shall bar the small business from making any claim under this chapter unless such a claim is filed subsequently with the court, in which event the small business shall be entitled to receive payment for fees or services actually rendered or expenses actually incurred after the notice of intent to make a claim is filed.
(3) All claims for fees and other expenses shall include, where applicable, an itemized statement for those fees including the actual time expended in representing a party and the rate at which the fees were computed, as well as invoices or statements showing the actual amount of other expenses incurred.
(d) (1) Awards provided for in this chapter against a state agency shall, upon order of the court, be paid by the department of finance and administration from the general fund, except in the case of awards in cases involving the department of transportation, in which case the payment shall be made from the general highway fund. (2) Awards provided for in this chapter against a local government shall, upon order of the court, be paid by the local government.
(1) Awards provided for in this chapter against a state agency shall, upon order of the court, be paid by the department of finance and administration from the general fund, except in the case of awards in cases involving the department of transportation, in which case the payment shall be made from the general highway fund.
(2) Awards provided for in this chapter against a local government shall, upon order of the court, be paid by the local government.
Amended by 2016 Tenn. Acts, ch. 797, s 10, eff. 4/14/2016.
Acts 1984, ch. 495, § 4; 1989, ch. 365, §§2-6; 2010 , ch. 1030, § 11.
Tenn. Code Ann. § 29-15-122 — TN Code / Title 29 / Chapter 15 / Section 29-15-122
Tenant's liability for rents
Status: in_force

A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrear at the time of suit brought for the recovery of the land, and that which may afterwards accrue during the continuance of the tenant's possession. Code 1858, § 3260; Shan., § 5008; Code 1932, § 9156; T.C.A. (orig. ed.), § 23-1329.
A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrear at the time of suit brought for the recovery of the land, and that which may afterwards accrue during the continuance of the tenant's possession.
Code 1858, § 3260; Shan., § 5008; Code 1932, § 9156; T.C.A. (orig. ed.), § 23-1329.
Tenn. Code Ann. § 29-30-202 — TN Code / Title 29 / Chapter 30 / Section 29-30-202
Venue of action
Status: in_force

The action may be brought in any county in which the goods and chattels, or any part of them, are, or in which either of the defendants may be found. Code 1858, § 3375 (deriv. Acts 1845-1846, ch. 65, § 1; 1853-1854, ch. 60, § 1); Shan., § 5129; Code 1932, § 9284; T.C.A. (orig. ed.), § 23-2303.
The action may be brought in any county in which the goods and chattels, or any part of them, are, or in which either of the defendants may be found.
Code 1858, § 3375 (deriv. Acts 1845-1846, ch. 65, § 1; 1853-1854, ch. 60, § 1); Shan., § 5129; Code 1932, § 9284; T.C.A. (orig. ed.), § 23-2303.
Tenn. Code Ann. § 29-40-124 — TN Code / Title 29 / Chapter 40 / Section 29-40-124
Receivership in another state - Ancillary proceeding
Status: in_force

(a) The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: (1) The person or nominee would be eligible to serve as receiver under § 29-40-107 ; and (2) The appointment furthers the person's possession, custody, control, or disposition of property subject to the receivership in the other state. (b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver. (c) Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this chapter. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) The court may appoint a receiver appointed in another state, or that person's nominee, as an ancillary receiver with respect to property located in this state or subject to the jurisdiction of the court for which a receiver could be appointed under this chapter, if: (1) The person or nominee would be eligible to serve as receiver under § 29-40-107 ; and (2) The appointment furthers the person's possession, custody, control, or disposition of property subject to the receivership in the other state.
(1) The person or nominee would be eligible to serve as receiver under § 29-40-107 ; and
(2) The appointment furthers the person's possession, custody, control, or disposition of property subject to the receivership in the other state.
(b) The court may issue an order that gives effect to an order entered in another state appointing or directing a receiver.
(c) Unless the court orders otherwise, an ancillary receiver appointed under subsection (a) has the rights, powers, and duties of a receiver appointed under this chapter.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-27-120 — TN Code / Title 29 / Chapter 27 / Section 29-27-120
Commissioners' expenses
Status: in_force

The expenses of the commissioners, including the expenses of a surveyor and the surveyor's assistants, when they have been employed, will be ascertained and allowed by the court; the expenses to be paid by the claimants in the proportion of their interests, or equally, as the court may direct, to be collected as other costs. Code 1858, § 3286 (deriv. Acts 1787, ch. 17, § 2); Shan., § 5034; Code 1932, § 9189; T.C.A. (orig. ed.), § 23-2124.
The expenses of the commissioners, including the expenses of a surveyor and the surveyor's assistants, when they have been employed, will be ascertained and allowed by the court; the expenses to be paid by the claimants in the proportion of their interests, or equally, as the court may direct, to be collected as other costs.
Code 1858, § 3286 (deriv. Acts 1787, ch. 17, § 2); Shan., § 5034; Code 1932, § 9189; T.C.A. (orig. ed.), § 23-2124.
Tenn. Code Ann. § 29-34-214 — TN Code / Title 29 / Chapter 34 / Section 29-34-214
Liability of adoption facilitator
Status: in_force

(a) For purposes of this part, "adoption facilitation claim" means any claim for damages, losses, indemnification, contribution, or other relief against an adoption facilitator arising out of, based on, or in any way related to the adoption or prospective adoption of a child. (b) Adoptive parents or prospective adoptive parents who have provided compensation, whether directly or indirectly, to an adoption facilitator as defined in § 36-1-102 , may bring a civil action alleging an adoption facilitation claim against such adoption facilitator who acted in violation of title 36, chapter 1, or title 71, chapter 3, part 5. (c) A person who brings a successful claim for adoption facilitation under this section may recover: (1) Compensatory damages, including, but not limited to, noneconomic damages, as defined in § 29-39-101(2) ; (2) Punitive damages, as provided in § 29-39-104 , if appropriate; and (3) Liquidated damages of no less than twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law. (d) A claim or judgment entered against an adoption facilitator under this section does not affect the finalization of a pending adoption and must not be used to set aside a final order of adoption. Added by 2023 Tenn. Acts, ch. 361, s 5, eff. 7/1/2023.
(a) For purposes of this part, "adoption facilitation claim" means any claim for damages, losses, indemnification, contribution, or other relief against an adoption facilitator arising out of, based on, or in any way related to the adoption or prospective adoption of a child.
(b) Adoptive parents or prospective adoptive parents who have provided compensation, whether directly or indirectly, to an adoption facilitator as defined in § 36-1-102 , may bring a civil action alleging an adoption facilitation claim against such adoption facilitator who acted in violation of title 36, chapter 1, or title 71, chapter 3, part 5.
(c) A person who brings a successful claim for adoption facilitation under this section may recover: (1) Compensatory damages, including, but not limited to, noneconomic damages, as defined in § 29-39-101(2) ; (2) Punitive damages, as provided in § 29-39-104 , if appropriate; and (3) Liquidated damages of no less than twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law.
(1) Compensatory damages, including, but not limited to, noneconomic damages, as defined in § 29-39-101(2) ;
(2) Punitive damages, as provided in § 29-39-104 , if appropriate; and
(3) Liquidated damages of no less than twice the total amount paid to the adoption facilitator. Liquidated damages must be awarded on a per-child basis for each child who is adopted in violation of state law.
(d) A claim or judgment entered against an adoption facilitator under this section does not affect the finalization of a pending adoption and must not be used to set aside a final order of adoption.
Added by 2023 Tenn. Acts, ch. 361, s 5, eff. 7/1/2023.
Tenn. Code Ann. § 29-5-307 — TN Code / Title 29 / Chapter 5 / Section 29-5-307
Validity of agreement to arbitrate
Status: in_force

(a) An agreement contained in a record to submit to arbitration an existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable, except upon a ground that exists at law or in equity for the revocation of a contract. (b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate. (c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable. (d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, then the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) An agreement contained in a record to submit to arbitration an existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable, except upon a ground that exists at law or in equity for the revocation of a contract.
(b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
(c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
(d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, then the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-42-101 — TN Code / Title 29 / Chapter 42 / Section 29-42-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Ammunition" means an ammunition or cartridge case, primer, bullet, or propellant powder designed for use in a firearm; (2) "Dealer" means a person who is licensed to engage in business as a dealer in this state in accordance with 18 U.S.C. § 923 ; (3) "Defective condition" means a condition: (A) Of a product that renders it unsafe or unreliable for normal or foreseeable handling; and (B) That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality; (4) "Engaged in the business" has the same meaning as defined under 18 U.S.C. § 921(a)(21) , and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition; (5) "Firearm" has the same meaning as defined under § 39-11-106 ; (6) "Manufacturer" means a person who is: (A) Engaged in the business of manufacturing a qualified product in intrastate commerce; (B) Licensed to engage in business as a manufacturer in accordance with 18 U.S.C. § 923 ; and (C) (i) Incorporated in this state; or (ii) Headquartered in this state; (7) "Negligent entrustment" means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others; (8) "Person" means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity; (9) "Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by a person against a manufacturer or seller of a qualified product for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person; (10) "Qualified product" means: (A) A firearm; (B) Ammunition; or (C) A component part of a firearm or ammunition; and (11) "Seller" means a person engaged in the business of selling a qualified product at wholesale or retail in this state. Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.
As used in this chapter:
(1) "Ammunition" means an ammunition or cartridge case, primer, bullet, or propellant powder designed for use in a firearm;
(2) "Dealer" means a person who is licensed to engage in business as a dealer in this state in accordance with 18 U.S.C. § 923 ;
(3) "Defective condition" means a condition: (A) Of a product that renders it unsafe or unreliable for normal or foreseeable handling; and (B) That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality;
(A) Of a product that renders it unsafe or unreliable for normal or foreseeable handling; and
(B) That is the result of the dealer, manufacturer, or seller's negligent deviation from the qualified product design or quality;
(4) "Engaged in the business" has the same meaning as defined under 18 U.S.C. § 921(a)(21) , and, as applied to a seller of ammunition, means a person who devotes time, attention, and labor to the sale of ammunition as a regular course of trade or business with the principal objective of livelihood and profit through the sale or distribution of ammunition;
(5) "Firearm" has the same meaning as defined under § 39-11-106 ;
(6) "Manufacturer" means a person who is: (A) Engaged in the business of manufacturing a qualified product in intrastate commerce; (B) Licensed to engage in business as a manufacturer in accordance with 18 U.S.C. § 923 ; and (C) (i) Incorporated in this state; or (ii) Headquartered in this state;
(A) Engaged in the business of manufacturing a qualified product in intrastate commerce;
(B) Licensed to engage in business as a manufacturer in accordance with 18 U.S.C. § 923 ; and
(C) (i) Incorporated in this state; or (ii) Headquartered in this state;
(i) Incorporated in this state; or
(ii) Headquartered in this state;
(7) "Negligent entrustment" means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others;
(8) "Person" means an individual, corporation, company, association, firm, partnership, society, joint stock company, governmental entity, or other entity;
(9) "Qualified civil liability action" means a civil action or proceeding or an administrative proceeding brought by a person against a manufacturer or seller of a qualified product for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by a person;
(10) "Qualified product" means: (A) A firearm; (B) Ammunition; or (C) A component part of a firearm or ammunition; and
(A) A firearm;
(B) Ammunition; or
(C) A component part of a firearm or ammunition; and
(11) "Seller" means a person engaged in the business of selling a qualified product at wholesale or retail in this state.
Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-42-102 — TN Code / Title 29 / Chapter 42 / Section 29-42-102
Limitations on civil liability actions against dealers, manufacturers, or sellers
Status: in_force

A person shall not bring a qualified civil liability action in a court in this state against a dealer, manufacturer, or seller of a qualified product, except under the following circumstances: (1) The dealer, manufacturer, or seller was involved directly in the crime giving rise to the action; (2) An action brought against a transferor convicted under 18 U.S.C. § 924(h) , by a party directly harmed by the conduct of which the transferor is so convicted; (3) An action brought against a seller for negligent entrustment or negligence per se; (4) An action in which a manufacturer or licensed seller or transferor of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was the sole proximate cause of the harm for which relief is sought, including a case in which the manufacturer or licensed seller or transferor knowingly made a false entry in, or intentionally failed to make appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, or aided, abetted, or conspired with a person in making a false or fictitious oral or written statement with respect to a fact material to the lawfulness of the sale or other disposition of a qualified product; (5) An action for breach of contract or warranty in connection with the purchase of the product; or (6) An action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act is considered the sole proximate cause of any resulting death, personal injuries, or property damage. Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.
A person shall not bring a qualified civil liability action in a court in this state against a dealer, manufacturer, or seller of a qualified product, except under the following circumstances:
(1) The dealer, manufacturer, or seller was involved directly in the crime giving rise to the action;
(2) An action brought against a transferor convicted under 18 U.S.C. § 924(h) , by a party directly harmed by the conduct of which the transferor is so convicted;
(3) An action brought against a seller for negligent entrustment or negligence per se;
(4) An action in which a manufacturer or licensed seller or transferor of a qualified product knowingly violated a state or federal statute applicable to the sale or marketing of the product, and the violation was the sole proximate cause of the harm for which relief is sought, including a case in which the manufacturer or licensed seller or transferor knowingly made a false entry in, or intentionally failed to make appropriate entry in, any record required to be kept under federal or state law with respect to the qualified product, or aided, abetted, or conspired with a person in making a false or fictitious oral or written statement with respect to a fact material to the lawfulness of the sale or other disposition of a qualified product;
(5) An action for breach of contract or warranty in connection with the purchase of the product; or
(6) An action for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the product, when used as intended or in a reasonably foreseeable manner, except that where the discharge of the product was caused by a volitional act that constituted a criminal offense, then such act is considered the sole proximate cause of any resulting death, personal injuries, or property damage.
Added by 2023 Tenn. Acts, ch. 409, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-17-101 — TN Code / Title 29 / Chapter 17 / Section 29-17-101
Legislative intent
Status: in_force

It is the intent of the general assembly that the power of eminent domain shall be used sparingly, and that laws permitting the use of eminent domain shall be narrowly construed so as not to enlarge, by inference or inadvertently, the power of eminent domain. Acts 2006, ch. 863, § 1.
It is the intent of the general assembly that the power of eminent domain shall be used sparingly, and that laws permitting the use of eminent domain shall be narrowly construed so as not to enlarge, by inference or inadvertently, the power of eminent domain.
Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-20-112 — TN Code / Title 29 / Chapter 20 / Section 29-20-112
Immunity of local board of education and school officials for activities outside of regularly scheduled school activities on premises of public schools
Status: in_force

(a) For purposes of this section: (1) "Premises" means any and all real property, natural or artificial landscape or waterway thereon, building, bathroom, gymnasium, facility, track, playground, tennis or badminton court, horseshoe pit, bleachers, stage, or other improvement erected on the premises for recreational purposes; (2) "Recreational activity" means any activity undertaken for exercise, pleasure, or other recreational purposes including, but not limited to, basketball, football, soccer, baseball, softball, tennis, lacrosse, running, walking, wrestling, cheerleading, taekwondo, karate, community gardening and music lessons; and (3) "Recreational joint use agreement" means a written authorization by a local board of education or a school official permitting a public or private entity to access the premises of a public school for the purpose of conducting or engaging in recreational activity and addressing conditions under which the permission is granted. (b) (1) Except as provided in subdivision (b)(3), neither a local board of education nor a school official owes a duty of care to keep the premises of a public school safe for entry or use by others outside of regularly scheduled school activities or to give warning of unknown dangerous or hazardous conditions, uses, structures or activities on the premises. (2) Unless otherwise specified in the agreement, if a recreational activity is conducted pursuant to a recreational joint use agreement, the local board of education or school official entering the agreement does not owe a greater duty of care than that which is owed under subdivision (b)(1). (3) Notwithstanding the duty of care or duty to warn owed pursuant to this subsection (b), the immunity conferred upon a local board of education or school official by the recreational joint use agreement shall not apply to a person who is injured or suffers property damage on school property pursuant to such agreement if the injury or damage was proximately caused by the gross negligence, or willful, wanton or malicious conduct of the local board of education or school official. (c) Where a local board of education or school official enters a recreational joint use agreement, with respect to persons accessing the premises for recreational activity pursuant to that agreement, neither the local board of education nor a school official shall be construed to have: (1) Waived any immunity under this chapter; (2) Extended immunity under this chapter to another entity; (3) Extended any assurance to any person or entity accessing the premises that the premises are safe for any other purpose than that which is agreed upon; (4) Conferred upon a person the legal status of a person to whom a duty of care is owed; (5) Assumed responsibility for or incurred liability for any injury to a person or property caused by a force of nature or by an act or omission of a person who enters upon the premises; (6) Guaranteed unlimited access to the premises; or (7) Limited an obligation or duty of a person or entity accessing the premises to exercise due care in the use of the premises and any activity conducted thereon. (d) When entering into a recreational joint use agreement under rules, regulations, and conditions prescribed by the local board of education pursuant to § 49-2-203(b)(4) , the general assembly encourages local boards of education and school officials to require, in the agreement, that the other entity maintain and provide proof of adequate liability and accident insurance coverage as determined by insurance industry standards, and to address, in the agreement, issues including, but not limited to, security, adult supervision of recreational activity, prohibited activity, hours of operation, use of equipment, maintenance, and damage to the premises. Any such joint use agreement entered into shall contain notice of the immunity provided by this section. (e) This section shall apply to contracts entered or renewed on or after July 1, 2011. Acts 2011 , ch. 368, § 2.
(a) For purposes of this section: (1) "Premises" means any and all real property, natural or artificial landscape or waterway thereon, building, bathroom, gymnasium, facility, track, playground, tennis or badminton court, horseshoe pit, bleachers, stage, or other improvement erected on the premises for recreational purposes; (2) "Recreational activity" means any activity undertaken for exercise, pleasure, or other recreational purposes including, but not limited to, basketball, football, soccer, baseball, softball, tennis, lacrosse, running, walking, wrestling, cheerleading, taekwondo, karate, community gardening and music lessons; and (3) "Recreational joint use agreement" means a written authorization by a local board of education or a school official permitting a public or private entity to access the premises of a public school for the purpose of conducting or engaging in recreational activity and addressing conditions under which the permission is granted.
(1) "Premises" means any and all real property, natural or artificial landscape or waterway thereon, building, bathroom, gymnasium, facility, track, playground, tennis or badminton court, horseshoe pit, bleachers, stage, or other improvement erected on the premises for recreational purposes;
(2) "Recreational activity" means any activity undertaken for exercise, pleasure, or other recreational purposes including, but not limited to, basketball, football, soccer, baseball, softball, tennis, lacrosse, running, walking, wrestling, cheerleading, taekwondo, karate, community gardening and music lessons; and
(3) "Recreational joint use agreement" means a written authorization by a local board of education or a school official permitting a public or private entity to access the premises of a public school for the purpose of conducting or engaging in recreational activity and addressing conditions under which the permission is granted.
(b) (1) Except as provided in subdivision (b)(3), neither a local board of education nor a school official owes a duty of care to keep the premises of a public school safe for entry or use by others outside of regularly scheduled school activities or to give warning of unknown dangerous or hazardous conditions, uses, structures or activities on the premises. (2) Unless otherwise specified in the agreement, if a recreational activity is conducted pursuant to a recreational joint use agreement, the local board of education or school official entering the agreement does not owe a greater duty of care than that which is owed under subdivision (b)(1). (3) Notwithstanding the duty of care or duty to warn owed pursuant to this subsection (b), the immunity conferred upon a local board of education or school official by the recreational joint use agreement shall not apply to a person who is injured or suffers property damage on school property pursuant to such agreement if the injury or damage was proximately caused by the gross negligence, or willful, wanton or malicious conduct of the local board of education or school official.
(1) Except as provided in subdivision (b)(3), neither a local board of education nor a school official owes a duty of care to keep the premises of a public school safe for entry or use by others outside of regularly scheduled school activities or to give warning of unknown dangerous or hazardous conditions, uses, structures or activities on the premises.
(2) Unless otherwise specified in the agreement, if a recreational activity is conducted pursuant to a recreational joint use agreement, the local board of education or school official entering the agreement does not owe a greater duty of care than that which is owed under subdivision (b)(1).
(3) Notwithstanding the duty of care or duty to warn owed pursuant to this subsection (b), the immunity conferred upon a local board of education or school official by the recreational joint use agreement shall not apply to a person who is injured or suffers property damage on school property pursuant to such agreement if the injury or damage was proximately caused by the gross negligence, or willful, wanton or malicious conduct of the local board of education or school official.
(c) Where a local board of education or school official enters a recreational joint use agreement, with respect to persons accessing the premises for recreational activity pursuant to that agreement, neither the local board of education nor a school official shall be construed to have: (1) Waived any immunity under this chapter; (2) Extended immunity under this chapter to another entity; (3) Extended any assurance to any person or entity accessing the premises that the premises are safe for any other purpose than that which is agreed upon; (4) Conferred upon a person the legal status of a person to whom a duty of care is owed; (5) Assumed responsibility for or incurred liability for any injury to a person or property caused by a force of nature or by an act or omission of a person who enters upon the premises; (6) Guaranteed unlimited access to the premises; or (7) Limited an obligation or duty of a person or entity accessing the premises to exercise due care in the use of the premises and any activity conducted thereon.
(1) Waived any immunity under this chapter;
(2) Extended immunity under this chapter to another entity;
(3) Extended any assurance to any person or entity accessing the premises that the premises are safe for any other purpose than that which is agreed upon;
(4) Conferred upon a person the legal status of a person to whom a duty of care is owed;
(5) Assumed responsibility for or incurred liability for any injury to a person or property caused by a force of nature or by an act or omission of a person who enters upon the premises;
(6) Guaranteed unlimited access to the premises; or
(7) Limited an obligation or duty of a person or entity accessing the premises to exercise due care in the use of the premises and any activity conducted thereon.
(d) When entering into a recreational joint use agreement under rules, regulations, and conditions prescribed by the local board of education pursuant to § 49-2-203(b)(4) , the general assembly encourages local boards of education and school officials to require, in the agreement, that the other entity maintain and provide proof of adequate liability and accident insurance coverage as determined by insurance industry standards, and to address, in the agreement, issues including, but not limited to, security, adult supervision of recreational activity, prohibited activity, hours of operation, use of equipment, maintenance, and damage to the premises. Any such joint use agreement entered into shall contain notice of the immunity provided by this section.
(e) This section shall apply to contracts entered or renewed on or after July 1, 2011.
Acts 2011 , ch. 368, § 2.
Tenn. Code Ann. § 29-27-206 — TN Code / Title 29 / Chapter 27 / Section 29-27-206
Commissioners recommending sale
Status: in_force

If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the petition, or asked by the defendant. Code 1858, § 3299; Shan., § 5048; Code 1932, § 9203; T.C.A. (orig. ed.), § 23-2133.
If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the petition, or asked by the defendant.
Code 1858, § 3299; Shan., § 5048; Code 1932, § 9203; T.C.A. (orig. ed.), § 23-2133.
Tenn. Code Ann. § 29-17-802 — TN Code / Title 29 / Chapter 17 / Section 29-17-802
Certain authorities excepted
Status: in_force

Section 29-17-801 shall apply only to condemnation proceedings instituted by the state of Tennessee, its counties, or municipalities, and shall not apply to any housing authority, association, or administration. Acts 1957, ch. 298, § 2; T.C.A., § 23-1527; T.C.A. § 29-17-702 ; Acts 2006, ch. 863, § 1.
Section 29-17-801 shall apply only to condemnation proceedings instituted by the state of Tennessee, its counties, or municipalities, and shall not apply to any housing authority, association, or administration.
Acts 1957, ch. 298, § 2; T.C.A., § 23-1527; T.C.A. § 29-17-702 ; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-9-105 — TN Code / Title 29 / Chapter 9 / Section 29-9-105
Performance of forbidden act
Status: in_force

If the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment of damages. Code 1858, § 4109; Shan., § 5921; Code 1932, § 10122; T.C.A. (orig. ed.), § 23-905.
If the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment of damages.
Code 1858, § 4109; Shan., § 5921; Code 1932, § 10122; T.C.A. (orig. ed.), § 23-905.
Tenn. Code Ann. § 29-20-404 — TN Code / Title 29 / Chapter 20 / Section 29-20-404
Waiver of immunity or liability limits - Liabilities arising under federal law
Status: in_force

(a) A governmental entity or the insurer of such governmental entity shall not be held liable for any claim arising under state law for which the governmental entity has immunity under this chapter unless the governmental entity has expressly waived such immunity. A governmental entity or the insurer of such governmental entity shall not be held liable for any judgment in excess of the limits of liability set forth in § 29-20-403 , unless the governmental entity has expressly waived such limits. The waiver of such immunity or such limits of liability by a governmental entity shall only be valid if such waiver is expressly contained in the provisions or endorsement of a policy or contract of insurance authorized by this chapter to cover its liability under this chapter. (b) This chapter shall not be construed to prohibit or limit a governmental entity from purchasing a policy or contract of insurance in such amounts of coverage as it deems proper for liabilities which may arise under federal law. If a governmental entity has such policy or contract of insurance for liabilities which may arise under federal law, such policy or contract of insurance shall not be construed or deemed a waiver of any immunity provided in this chapter or of the limits of liability set forth in § 29-20-403 , for any claims arising under state law. Acts 1973, ch. 345, § 25; T.C.A., § 23-3328; Acts 1985, ch. 301, § 1.
(a) A governmental entity or the insurer of such governmental entity shall not be held liable for any claim arising under state law for which the governmental entity has immunity under this chapter unless the governmental entity has expressly waived such immunity. A governmental entity or the insurer of such governmental entity shall not be held liable for any judgment in excess of the limits of liability set forth in § 29-20-403 , unless the governmental entity has expressly waived such limits. The waiver of such immunity or such limits of liability by a governmental entity shall only be valid if such waiver is expressly contained in the provisions or endorsement of a policy or contract of insurance authorized by this chapter to cover its liability under this chapter.
(b) This chapter shall not be construed to prohibit or limit a governmental entity from purchasing a policy or contract of insurance in such amounts of coverage as it deems proper for liabilities which may arise under federal law. If a governmental entity has such policy or contract of insurance for liabilities which may arise under federal law, such policy or contract of insurance shall not be construed or deemed a waiver of any immunity provided in this chapter or of the limits of liability set forth in § 29-20-403 , for any claims arising under state law.
Acts 1973, ch. 345, § 25; T.C.A., § 23-3328; Acts 1985, ch. 301, § 1.
Tenn. Code Ann. § 29-5-107 — TN Code / Title 29 / Chapter 5 / Section 29-5-107
Notice of hearing - Continuances
Status: in_force

(a) The arbitrators shall give notice of the time and place of the hearing, which notice shall be served or accepted at least five (5) days before the day set for trial. (b) They, or a majority of them, may grant continuances upon their own motion or upon application of either party for good cause shown, but not to a day beyond the time set for the rendering of the final award unless an extension is granted by court or expressly agreed to in writing by the parties or their attorneys. Code 1858, § 3442; Shan., § 5198; mod. Code 1932, § 9370; T.C.A. (orig. ed.), § 23-507.
(a) The arbitrators shall give notice of the time and place of the hearing, which notice shall be served or accepted at least five (5) days before the day set for trial.
(b) They, or a majority of them, may grant continuances upon their own motion or upon application of either party for good cause shown, but not to a day beyond the time set for the rendering of the final award unless an extension is granted by court or expressly agreed to in writing by the parties or their attorneys.
Code 1858, § 3442; Shan., § 5198; mod. Code 1932, § 9370; T.C.A. (orig. ed.), § 23-507.
Tenn. Code Ann. § 29-20-408 — TN Code / Title 29 / Chapter 20 / Section 29-20-408
Catastrophic injuries fund commission created
Status: in_force

(a) There is created a commission to design, develop and propose legislation to the general assembly to enact and implement a catastrophic injuries fund for the purpose of compensating certain specified persons in an amount in excess of the governmental tort liability limits for injuries or death caused by the actions of an employee of a governmental entity and to study other issues relating to governmental tort liability. Such commission shall consist of the following members: (1) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons to be submitted jointly by the Tennessee municipal league, the Tennessee county services association, the Tennessee school board association, county-owned hospitals, self-insured municipalities, Tennessee public utilities and the Tennessee municipal league risk management pool by January 1, 2002; (2) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons submitted by the Tennessee trial lawyers association by January 1, 2002; (3) The comptroller of the treasury or the comptroller's designee; (4) The state treasurer or the treasurer's designee; (5) The secretary of state or the secretary's designee; and (6) The chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the civil justice, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees, who shall be ex officio non-voting members of the commission. (b) If the speakers are unable to appoint four (4) members from the list of eight (8) submitted pursuant to subsection (a)(1) or (a)(2), the speakers shall notify the association or entities submitting the initial list and they shall have no more than forty-five (45) days to submit a new list of eight (8) persons. The speakers may request no more than two (2) such additional lists in making the respective four (4) member appointments. (c) If for any reason a vacancy occurs in the commission membership appointed pursuant to subdivision (a)(1) or (a)(2), the association or entities making the original appointment shall have no more than thirty (30) days to submit to the speakers a list of two (2) persons to fill each such vacancy. The speakers shall jointly appoint a member to fill the vacancy in the same manner as the initial appointment. (d) The commission shall first convene at the call of the state treasurer who shall serve as chair and shall coordinate the work of the commission. (e) The catastrophic injuries fund commission shall design, develop and propose legislation to the general assembly to enact and implement the catastrophic injuries fund by July 1, 2006. The commission may report on and propose legislation, if necessary, on other issues related to governmental tort liability at any time, but no later than July 1, 2006. Amended by 2021 Tenn. Acts, ch. 64, s 20, eff. 3/29/2021. Amended by 2019 Tenn. Acts, ch. 345, s 30, eff. 5/10/2019. Amended by 2013 Tenn. Acts, ch. 236, s 84, eff. 4/19/2013. Acts 2001, ch. 424, § 3.
(a) There is created a commission to design, develop and propose legislation to the general assembly to enact and implement a catastrophic injuries fund for the purpose of compensating certain specified persons in an amount in excess of the governmental tort liability limits for injuries or death caused by the actions of an employee of a governmental entity and to study other issues relating to governmental tort liability. Such commission shall consist of the following members: (1) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons to be submitted jointly by the Tennessee municipal league, the Tennessee county services association, the Tennessee school board association, county-owned hospitals, self-insured municipalities, Tennessee public utilities and the Tennessee municipal league risk management pool by January 1, 2002; (2) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons submitted by the Tennessee trial lawyers association by January 1, 2002; (3) The comptroller of the treasury or the comptroller's designee; (4) The state treasurer or the treasurer's designee; (5) The secretary of state or the secretary's designee; and (6) The chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the civil justice, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees, who shall be ex officio non-voting members of the commission.
(1) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons to be submitted jointly by the Tennessee municipal league, the Tennessee county services association, the Tennessee school board association, county-owned hospitals, self-insured municipalities, Tennessee public utilities and the Tennessee municipal league risk management pool by January 1, 2002;
(2) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons submitted by the Tennessee trial lawyers association by January 1, 2002;
(3) The comptroller of the treasury or the comptroller's designee;
(4) The state treasurer or the treasurer's designee;
(5) The secretary of state or the secretary's designee; and
(6) The chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the civil justice, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees, who shall be ex officio non-voting members of the commission.
(b) If the speakers are unable to appoint four (4) members from the list of eight (8) submitted pursuant to subsection (a)(1) or (a)(2), the speakers shall notify the association or entities submitting the initial list and they shall have no more than forty-five (45) days to submit a new list of eight (8) persons. The speakers may request no more than two (2) such additional lists in making the respective four (4) member appointments.
(c) If for any reason a vacancy occurs in the commission membership appointed pursuant to subdivision (a)(1) or (a)(2), the association or entities making the original appointment shall have no more than thirty (30) days to submit to the speakers a list of two (2) persons to fill each such vacancy. The speakers shall jointly appoint a member to fill the vacancy in the same manner as the initial appointment.
(d) The commission shall first convene at the call of the state treasurer who shall serve as chair and shall coordinate the work of the commission.
(e) The catastrophic injuries fund commission shall design, develop and propose legislation to the general assembly to enact and implement the catastrophic injuries fund by July 1, 2006. The commission may report on and propose legislation, if necessary, on other issues related to governmental tort liability at any time, but no later than July 1, 2006.
Amended by 2021 Tenn. Acts, ch. 64, s 20, eff. 3/29/2021.
Amended by 2019 Tenn. Acts, ch. 345, s 30, eff. 5/10/2019.
Amended by 2013 Tenn. Acts, ch. 236, s 84, eff. 4/19/2013.
Acts 2001, ch. 424, § 3.
Tenn. Code Ann. § 29-13-301 — TN Code / Title 29 / Chapter 13 / Section 29-13-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Commission" means the Tennessee claims commission created pursuant to § 9-8-301 ; (2) "Criminal injuries compensation award" means the compensation awarded pursuant to part 1 of this chapter; (3) "Division" means the division of claims and risk management created pursuant to § 9-8-401 ; (4) "Guardian ad litem" means a responsible adult appointed by the juvenile court to protect the rights and interests of the minor; (5) "Juvenile court" means the court having juvenile court jurisdiction in the county where the minor resides; and (6) "Minor" means any person who has not attained eighteen (18) years of age and who has not been otherwise emancipated. Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
As used in this part, unless the context otherwise requires:
(1) "Commission" means the Tennessee claims commission created pursuant to § 9-8-301 ;
(2) "Criminal injuries compensation award" means the compensation awarded pursuant to part 1 of this chapter;
(3) "Division" means the division of claims and risk management created pursuant to § 9-8-401 ;
(4) "Guardian ad litem" means a responsible adult appointed by the juvenile court to protect the rights and interests of the minor;
(5) "Juvenile court" means the court having juvenile court jurisdiction in the county where the minor resides; and
(6) "Minor" means any person who has not attained eighteen (18) years of age and who has not been otherwise emancipated.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
Tenn. Code Ann. § 29-17-105 — TN Code / Title 29 / Chapter 17 / Section 29-17-105
Deposit by the condemner
Status: in_force

If, pursuant to an applicable statute or order of the court, the condemner is required to deposit funds with the court in the amount the condemner deems to be the amount of damages to which the owner is entitled pursuant to the condemnation, and a respondent is not satisfied with the amount deposited by the condemner, or otherwise objects to the taking, then the respondent shall, on or before thirty (30) days from the date of notice of the filing of the petition, file an answer to the petition and a trial may thereafter be had before a petit jury, as other civil actions are tried. The deposit by the condemner shall not limit or fix the amount to be allowed under subsequent proceedings in the action. Acts 2006, ch. 863, § 18.
If, pursuant to an applicable statute or order of the court, the condemner is required to deposit funds with the court in the amount the condemner deems to be the amount of damages to which the owner is entitled pursuant to the condemnation, and a respondent is not satisfied with the amount deposited by the condemner, or otherwise objects to the taking, then the respondent shall, on or before thirty (30) days from the date of notice of the filing of the petition, file an answer to the petition and a trial may thereafter be had before a petit jury, as other civil actions are tried. The deposit by the condemner shall not limit or fix the amount to be allowed under subsequent proceedings in the action.
Acts 2006, ch. 863, § 18.
Tenn. Code Ann. § 29-20-102 — TN Code / Title 29 / Chapter 20 / Section 29-20-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Claim" means any claim brought against a governmental entity or its employee as permitted by this chapter; (2) "Employee" means and includes any official (whether elected or appointed), officer, employee or servant, or any member of any board, agency, or commission (whether compensated or not), or any officer, employee or servant thereof, of a governmental entity, including the sheriff and the sheriff's employees and, further including regular members of voluntary or auxiliary firefighting, police, or emergency assistance organizations; (3) (A) "Governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, and development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. "Governmental entity" also means a nonprofit public benefit corporation or charitable entity, including any entity with tax exempt status under the Internal Revenue Code § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), that is appointed by statute, ordinance, resolution, contract, or other governmental directive to develop, maintain, manage, and provide services and activities at government owned property that is a public park, including facilities located on park property; (B) (i) In any county having a population not less than eight hundred ninety-seven thousand four hundred (897,400) and not more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, "governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this subdivision (3)(B) or by an act of the general assembly, or nonprofit public benefit corporation operating a hospital whose voting board of directors or governing body is appointed, designated or elected by one (1) or more of the local governmental entities named in this subdivision (3)(B), and which hospital corporation either: (a) Receives funds appropriated by a county legislative body or a legislative body of a municipality; or (b) Receives or leases hospital real property from a county and/or municipality. (ii) Such hospital corporation shall be subject to title 8, chapter 44, and subject to title 10, chapter 7, to the extent that other local government hospitals and government hospital authorities are subject to such laws; (iii) This subdivision (3)(B) shall apply to all claims filed on or after July 1, 2003; (C) In any county having a population not less than five hundred sixty-nine thousand eight hundred (569,800) nor more than five hundred sixty-nine thousand nine hundred (569,900), according to the 2000 federal census or any subsequent federal census, "governmental entity" also means a nonprofit public benefit corporation or charitable entity, including an entity with tax exempt status under Internal Revenue Code § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), that operates or is created to operate, in conjunction with a metropolitan hospital authority, where such authority was formed pursuant to the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and (D) "Governmental entity" also means a nonprofit property owners association that: (i) Has received a determination of exemption from the internal revenue service under the federal Internal Revenue Code § 501(c)(4) ( 26 U.S.C. § 501(c)(4) ); (ii) Maintains more than one hundred (100) miles of roadway; (iii) Owns and operates a water or sewer distribution service; (iv) Appropriates funds to support a nonprofit volunteer fire department or a police department; (v) Manages trash pick-up services; (vi) Funds, operates, and maintains at least one (1) park, recreation facility, walking trail, and dog park; and (vii) Is a census designated place according to the 2010 federal census; and (4) "Injury" means death, injury to a person, damage to or loss of property or any other injury that one may suffer to one's person, or estate, that would be actionable if inflicted by a private person or such person's agent. Amended by 2021 Tenn. Acts, ch. 534, s 1, eff. 5/25/2021. Amended by 2015 Tenn. Acts, ch. 487, s 1, eff. 5/20/2015. Acts 1973, ch. 345, § 2; 1976, ch. 608, §§ 1, 2; T.C.A., § 23-3302; modified; Acts 1984, ch. 889, § 1; 1986, ch. 942, § 1; 1998, ch. 937, § 1; 2003 , ch. 321, §§ 1, 2; 2005, ch. 54, § 1; 2009 , ch. 206, §§ 1, 2; 2010 , ch. 752, § 1; 2011 , ch. 318, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Claim" means any claim brought against a governmental entity or its employee as permitted by this chapter;
(2) "Employee" means and includes any official (whether elected or appointed), officer, employee or servant, or any member of any board, agency, or commission (whether compensated or not), or any officer, employee or servant thereof, of a governmental entity, including the sheriff and the sheriff's employees and, further including regular members of voluntary or auxiliary firefighting, police, or emergency assistance organizations;
(3) (A) "Governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, and development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. "Governmental entity" also means a nonprofit public benefit corporation or charitable entity, including any entity with tax exempt status under the Internal Revenue Code § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), that is appointed by statute, ordinance, resolution, contract, or other governmental directive to develop, maintain, manage, and provide services and activities at government owned property that is a public park, including facilities located on park property; (B) (i) In any county having a population not less than eight hundred ninety-seven thousand four hundred (897,400) and not more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, "governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this subdivision (3)(B) or by an act of the general assembly, or nonprofit public benefit corporation operating a hospital whose voting board of directors or governing body is appointed, designated or elected by one (1) or more of the local governmental entities named in this subdivision (3)(B), and which hospital corporation either: (a) Receives funds appropriated by a county legislative body or a legislative body of a municipality; or (b) Receives or leases hospital real property from a county and/or municipality. (ii) Such hospital corporation shall be subject to title 8, chapter 44, and subject to title 10, chapter 7, to the extent that other local government hospitals and government hospital authorities are subject to such laws; (iii) This subdivision (3)(B) shall apply to all claims filed on or after July 1, 2003; (C) In any county having a population not less than five hundred sixty-nine thousand eight hundred (569,800) nor more than five hundred sixty-nine thousand nine hundred (569,900), according to the 2000 federal census or any subsequent federal census, "governmental entity" also means a nonprofit public benefit corporation or charitable entity, including an entity with tax exempt status under Internal Revenue Code § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), that operates or is created to operate, in conjunction with a metropolitan hospital authority, where such authority was formed pursuant to the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and (D) "Governmental entity" also means a nonprofit property owners association that: (i) Has received a determination of exemption from the internal revenue service under the federal Internal Revenue Code § 501(c)(4) ( 26 U.S.C. § 501(c)(4) ); (ii) Maintains more than one hundred (100) miles of roadway; (iii) Owns and operates a water or sewer distribution service; (iv) Appropriates funds to support a nonprofit volunteer fire department or a police department; (v) Manages trash pick-up services; (vi) Funds, operates, and maintains at least one (1) park, recreation facility, walking trail, and dog park; and (vii) Is a census designated place according to the 2010 federal census; and
(A) "Governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, and development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. "Governmental entity" also means a nonprofit public benefit corporation or charitable entity, including any entity with tax exempt status under the Internal Revenue Code § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), that is appointed by statute, ordinance, resolution, contract, or other governmental directive to develop, maintain, manage, and provide services and activities at government owned property that is a public park, including facilities located on park property;
(B) (i) In any county having a population not less than eight hundred ninety-seven thousand four hundred (897,400) and not more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, "governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this subdivision (3)(B) or by an act of the general assembly, or nonprofit public benefit corporation operating a hospital whose voting board of directors or governing body is appointed, designated or elected by one (1) or more of the local governmental entities named in this subdivision (3)(B), and which hospital corporation either: (a) Receives funds appropriated by a county legislative body or a legislative body of a municipality; or (b) Receives or leases hospital real property from a county and/or municipality. (ii) Such hospital corporation shall be subject to title 8, chapter 44, and subject to title 10, chapter 7, to the extent that other local government hospitals and government hospital authorities are subject to such laws; (iii) This subdivision (3)(B) shall apply to all claims filed on or after July 1, 2003;
(i) In any county having a population not less than eight hundred ninety-seven thousand four hundred (897,400) and not more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, "governmental entity" means any political subdivision of the state of Tennessee including, but not limited to, any municipality, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this subdivision (3)(B) or by an act of the general assembly, or nonprofit public benefit corporation operating a hospital whose voting board of directors or governing body is appointed, designated or elected by one (1) or more of the local governmental entities named in this subdivision (3)(B), and which hospital corporation either: (a) Receives funds appropriated by a county legislative body or a legislative body of a municipality; or (b) Receives or leases hospital real property from a county and/or municipality.
(a) Receives funds appropriated by a county legislative body or a legislative body of a municipality; or
(b) Receives or leases hospital real property from a county and/or municipality.
(ii) Such hospital corporation shall be subject to title 8, chapter 44, and subject to title 10, chapter 7, to the extent that other local government hospitals and government hospital authorities are subject to such laws;
(iii) This subdivision (3)(B) shall apply to all claims filed on or after July 1, 2003;
(C) In any county having a population not less than five hundred sixty-nine thousand eight hundred (569,800) nor more than five hundred sixty-nine thousand nine hundred (569,900), according to the 2000 federal census or any subsequent federal census, "governmental entity" also means a nonprofit public benefit corporation or charitable entity, including an entity with tax exempt status under Internal Revenue Code § 501(c)(3) ( 26 U.S.C. § 501(c)(3) ), that operates or is created to operate, in conjunction with a metropolitan hospital authority, where such authority was formed pursuant to the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and
(D) "Governmental entity" also means a nonprofit property owners association that: (i) Has received a determination of exemption from the internal revenue service under the federal Internal Revenue Code § 501(c)(4) ( 26 U.S.C. § 501(c)(4) ); (ii) Maintains more than one hundred (100) miles of roadway; (iii) Owns and operates a water or sewer distribution service; (iv) Appropriates funds to support a nonprofit volunteer fire department or a police department; (v) Manages trash pick-up services; (vi) Funds, operates, and maintains at least one (1) park, recreation facility, walking trail, and dog park; and (vii) Is a census designated place according to the 2010 federal census; and
(i) Has received a determination of exemption from the internal revenue service under the federal Internal Revenue Code § 501(c)(4) ( 26 U.S.C. § 501(c)(4) );
(ii) Maintains more than one hundred (100) miles of roadway;
(iii) Owns and operates a water or sewer distribution service;
(iv) Appropriates funds to support a nonprofit volunteer fire department or a police department;
(v) Manages trash pick-up services;
(vi) Funds, operates, and maintains at least one (1) park, recreation facility, walking trail, and dog park; and
(vii) Is a census designated place according to the 2010 federal census; and
(4) "Injury" means death, injury to a person, damage to or loss of property or any other injury that one may suffer to one's person, or estate, that would be actionable if inflicted by a private person or such person's agent.
Amended by 2021 Tenn. Acts, ch. 534, s 1, eff. 5/25/2021.
Amended by 2015 Tenn. Acts, ch. 487, s 1, eff. 5/20/2015.
Acts 1973, ch. 345, § 2; 1976, ch. 608, §§ 1, 2; T.C.A., § 23-3302; modified; Acts 1984, ch. 889, § 1; 1986, ch. 942, § 1; 1998, ch. 937, § 1; 2003 , ch. 321, §§ 1, 2; 2005, ch. 54, § 1; 2009 , ch. 206, §§ 1, 2; 2010 , ch. 752, § 1; 2011 , ch. 318, § 1.
Tenn. Code Ann. § 29-1-103 — TN Code / Title 29 / Chapter 1 / Section 29-1-103
Receivers pending litigation
Status: in_force

The courts are all vested with power to appoint receivers for the safekeeping, collection, management, and disposition of property in litigation in such court, whenever necessary to the ends of substantial justice, in like manner as receivers are appointed by courts of chancery. Code 1858, § 3768; Shan., § 5549; Code 1932, § 9719; T.C.A. (orig. ed.), § 23-104.
The courts are all vested with power to appoint receivers for the safekeeping, collection, management, and disposition of property in litigation in such court, whenever necessary to the ends of substantial justice, in like manner as receivers are appointed by courts of chancery.
Code 1858, § 3768; Shan., § 5549; Code 1932, § 9719; T.C.A. (orig. ed.), § 23-104.
Tenn. Code Ann. § 29-34-101 — TN Code / Title 29 / Chapter 34 / Section 29-34-101
[Repealed] Express consent required for settlements
Status: repealed

In any tort action, prior settlement of damages made on behalf of the plaintiff by another, in exchange for a release executed by or on behalf of the defendant, shall constitute no bar to the plaintiff's action, and proof by the defendant of such settlement and release shall be inadmissible, unless it be shown that such settlement made on behalf of the plaintiff was with the express consent of the plaintiff given in writing, after the cause of action arose. Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021. Acts 1955, ch. 318, § 1; T.C.A., § 23-3001.
In any tort action, prior settlement of damages made on behalf of the plaintiff by another, in exchange for a release executed by or on behalf of the defendant, shall constitute no bar to the plaintiff's action, and proof by the defendant of such settlement and release shall be inadmissible, unless it be shown that such settlement made on behalf of the plaintiff was with the express consent of the plaintiff given in writing, after the cause of action arose.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 1955, ch. 318, § 1; T.C.A., § 23-3001.
Tenn. Code Ann. § 29-14-103 — TN Code / Title 29 / Chapter 14 / Section 29-14-103
Construction of statutes and written instruments
Status: in_force

Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder. Acts 1923, ch. 29, § 2; Shan. Supp., § 4726a2; Code 1932, §8836; T.C.A. (orig. ed.), § 23-1103.
Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.
Acts 1923, ch. 29, § 2; Shan. Supp., § 4726a2; Code 1932, §8836; T.C.A. (orig. ed.), § 23-1103.
Tenn. Code Ann. § 29-21-108 — TN Code / Title 29 / Chapter 21 / Section 29-21-108
Duty of court - Wrongful failure to grant writ
Status: in_force

(a) It is the duty of the court or judge to act upon such applications instanter. (b) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved. Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.
(a) It is the duty of the court or judge to act upon such applications instanter.
(b) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.
Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.
Tenn. Code Ann. § 29-17-1003 — TN Code / Title 29 / Chapter 17 / Section 29-17-1003
Transfer of land acquired by eminent domain
Status: in_force

(a) Land acquired by eminent domain that the acquiring entity seeks to dispose of may be sold, leased or otherwise transferred to another public or quasi-public entity or to a private person, corporation or other entity; provided, that the entity transferring the land receives at least fair market value for the land. (b) Nothing in this section shall be construed to apply to or affect the disposal of the state's surplus interests in real property pursuant to § 12-2-112 . Acts 2006, ch. 863, §§ 1, 4.
(a) Land acquired by eminent domain that the acquiring entity seeks to dispose of may be sold, leased or otherwise transferred to another public or quasi-public entity or to a private person, corporation or other entity; provided, that the entity transferring the land receives at least fair market value for the land.
(b) Nothing in this section shall be construed to apply to or affect the disposal of the state's surplus interests in real property pursuant to § 12-2-112 .
Acts 2006, ch. 863, §§ 1, 4.
Tenn. Code Ann. § 29-22-102 — TN Code / Title 29 / Chapter 22 / Section 29-22-102
Perfecting lien - Filing and notice - Contesting - Effect of settlement or payment
Status: in_force

(a) In order to perfect such lien, the agent or operator of the hospital, before or within one hundred twenty (120) days after any such person shall have been discharged therefrom, shall file in the office of the clerk of the circuit court of the county in which the hospital is located, and in the county wherein the patient resides, if a resident of this state, a verified statement in writing setting forth the name and address of the patient as it appears on the records of the hospital, and the name and address of the operator thereof, the dates of admission and discharge of the patient therefrom, the amount claimed to be due for such hospital care, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by such ill or injured person or by such person's legal representative, to be liable for damages arising from such illness or injuries. (b) A copy of the claim shall, within ten (10) days from the filing thereof be sent by registered mail, postage prepaid, to each person, firm or corporation so claimed to be liable on account of such illness or injuries, at the address given in the statement, and to the attorney, or attorneys, representing the person to whom services were rendered by the hospital if such attorney, or attorneys, are known to the claimant or could, with reasonable diligence, be known to the claimant. (c) The filing of the claim shall be notice thereof to all persons, firms or corporations who may be liable on account of such illness or injuries, whether or not they are named in the claim or lien and whether or not a copy of the claim shall have been received by them. (d) Any person desiring to contest such a lien or the reasonableness of the charges thereof may do so by filing a motion to quash or reduce the same in the circuit court of the county in which the lien was perfected, making all other parties in interest respondents thereto. Any such motion may be heard in term time or vacation and at such time and place as may be fixed by order of the court. (e) (1) If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to such policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to such settlement or payment shall not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim. (2) This subsection (e) shall not apply until thirty (30) days after any such person is discharged from the hospital. Acts 1970, ch. 527, § 2; T.C.A., § 23-3202; Acts 1987, ch. 262, § 1; 1991, ch. 254, § 1.
(a) In order to perfect such lien, the agent or operator of the hospital, before or within one hundred twenty (120) days after any such person shall have been discharged therefrom, shall file in the office of the clerk of the circuit court of the county in which the hospital is located, and in the county wherein the patient resides, if a resident of this state, a verified statement in writing setting forth the name and address of the patient as it appears on the records of the hospital, and the name and address of the operator thereof, the dates of admission and discharge of the patient therefrom, the amount claimed to be due for such hospital care, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by such ill or injured person or by such person's legal representative, to be liable for damages arising from such illness or injuries.
(b) A copy of the claim shall, within ten (10) days from the filing thereof be sent by registered mail, postage prepaid, to each person, firm or corporation so claimed to be liable on account of such illness or injuries, at the address given in the statement, and to the attorney, or attorneys, representing the person to whom services were rendered by the hospital if such attorney, or attorneys, are known to the claimant or could, with reasonable diligence, be known to the claimant.
(c) The filing of the claim shall be notice thereof to all persons, firms or corporations who may be liable on account of such illness or injuries, whether or not they are named in the claim or lien and whether or not a copy of the claim shall have been received by them.
(d) Any person desiring to contest such a lien or the reasonableness of the charges thereof may do so by filing a motion to quash or reduce the same in the circuit court of the county in which the lien was perfected, making all other parties in interest respondents thereto. Any such motion may be heard in term time or vacation and at such time and place as may be fixed by order of the court.
(e) (1) If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to such policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to such settlement or payment shall not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim. (2) This subsection (e) shall not apply until thirty (30) days after any such person is discharged from the hospital.
(1) If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to such policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to such settlement or payment shall not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim.
(2) This subsection (e) shall not apply until thirty (30) days after any such person is discharged from the hospital.
Acts 1970, ch. 527, § 2; T.C.A., § 23-3202; Acts 1987, ch. 262, § 1; 1991, ch. 254, § 1.
Tenn. Code Ann. § 29-1-104 — TN Code / Title 29 / Chapter 1 / Section 29-1-104
Receiver's bond
Status: in_force

The clerk and master, when so directed by the order of the judge or chancellor, shall take bond and security from the receiver, or the complainant, conditioned for the faithful discharge of the duties of the receiver. Code 1858, § 4453 (deriv. Acts 1833, ch. 47, § 1); Shan., § 6269; Code 1932, § 10559; T.C.A. (orig. ed.), § 23-106.
The clerk and master, when so directed by the order of the judge or chancellor, shall take bond and security from the receiver, or the complainant, conditioned for the faithful discharge of the duties of the receiver.
Code 1858, § 4453 (deriv. Acts 1833, ch. 47, § 1); Shan., § 6269; Code 1932, § 10559; T.C.A. (orig. ed.), § 23-106.
Tenn. Code Ann. § 29-29-103 — TN Code / Title 29 / Chapter 29 / Section 29-29-103
Guardian ad litem or next friend
Status: in_force

If, after notice has been given as provided in § 29-29-102 , it shall appear to the court that there are parties defendant who are not in being and who are not represented before the court, the court may of its own motion or on the motion of any party, appoint a suitable person to act as guardian ad litem or next friend of any such party or parties, and if there are or may be any parties defendant who have conflicting interests, the court may appoint different guardians ad litem or next friends to represent them. Acts 1919, ch. 13, § 3; Shan. Supp., § 5009a3; Code 1932, §9162; T.C.A. (orig. ed.), § 23-2203.
If, after notice has been given as provided in § 29-29-102 , it shall appear to the court that there are parties defendant who are not in being and who are not represented before the court, the court may of its own motion or on the motion of any party, appoint a suitable person to act as guardian ad litem or next friend of any such party or parties, and if there are or may be any parties defendant who have conflicting interests, the court may appoint different guardians ad litem or next friends to represent them.
Acts 1919, ch. 13, § 3; Shan. Supp., § 5009a3; Code 1932, §9162; T.C.A. (orig. ed.), § 23-2203.
Tenn. Code Ann. § 29-13-306 — TN Code / Title 29 / Chapter 13 / Section 29-13-306
Clerk's fee
Status: in_force

To defray the expenses of administering a criminal injury compensation award under this part, the juvenile court clerk shall be entitled to receive a flat fee not to exceed five percent (5%) of the total amount tendered into the court. The fee shall be deducted by the clerk from the compensation award. Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
To defray the expenses of administering a criminal injury compensation award under this part, the juvenile court clerk shall be entitled to receive a flat fee not to exceed five percent (5%) of the total amount tendered into the court. The fee shall be deducted by the clerk from the compensation award.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
Tenn. Code Ann. § 29-17-905 — TN Code / Title 29 / Chapter 17 / Section 29-17-905
Trial when property owner does not accept deposit
Status: in_force

If the owner is not satisfied with the amount assessed by the condemner, the owner shall, on or before the second day of the regular term of the court next, after the serving of such notice, appear, except to the amount assessed by the condemner, and thereupon a trial may be had before a petit jury as other civil actions are tried. Acts 1959, ch. 216, § 5; T.C.A., § 23-1532; T.C.A. § 29-17-805; Acts 2006, ch. 863, § 1.
If the owner is not satisfied with the amount assessed by the condemner, the owner shall, on or before the second day of the regular term of the court next, after the serving of such notice, appear, except to the amount assessed by the condemner, and thereupon a trial may be had before a petit jury as other civil actions are tried.
Acts 1959, ch. 216, § 5; T.C.A., § 23-1532; T.C.A. § 29-17-805; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-5-323 — TN Code / Title 29 / Chapter 5 / Section 29-5-323
Confirmation of award
Status: in_force

After a party to an arbitration proceeding receives notice of an award, the party may make a motion or petition to the court for an order confirming the award, at which time, the court must issue a confirming order, unless the award is modified or corrected pursuant to § 29-5-321 or § 29-5-325 , or is vacated pursuant to § 29-5-324 . Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
After a party to an arbitration proceeding receives notice of an award, the party may make a motion or petition to the court for an order confirming the award, at which time, the court must issue a confirming order, unless the award is modified or corrected pursuant to § 29-5-321 or § 29-5-325 , or is vacated pursuant to § 29-5-324 .
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-19-104 — TN Code / Title 29 / Chapter 19 / Section 29-19-104
Action for property lost
Status: in_force

Any person who has paid any money, or delivered anything of value, lost upon any game or wager, may recover such money, thing, or its value, by action commenced within ninety (90) days from the time of such payment or delivery. Code 1858, § 1771 (deriv. Acts 1799, ch. 8, § 4); Shan., § 3161; Code 1932, § 7814; T.C.A. (orig. ed.), § 23-1704.
Any person who has paid any money, or delivered anything of value, lost upon any game or wager, may recover such money, thing, or its value, by action commenced within ninety (90) days from the time of such payment or delivery.
Code 1858, § 1771 (deriv. Acts 1799, ch. 8, § 4); Shan., § 3161; Code 1932, § 7814; T.C.A. (orig. ed.), § 23-1704.
Tenn. Code Ann. § 29-22-107 — TN Code / Title 29 / Chapter 22 / Section 29-22-107
Limitations on hospital
Status: in_force

This chapter shall not be construed as giving any hospital an independent right of action to determine liability for injuries sustained by any person covered herein nor shall any settlement or compromise of a claim entered into on behalf of such person require the approval of the hospital. Acts 1970, ch. 527, §§ 7, 8; T.C.A., § 23-3207.
This chapter shall not be construed as giving any hospital an independent right of action to determine liability for injuries sustained by any person covered herein nor shall any settlement or compromise of a claim entered into on behalf of such person require the approval of the hospital.
Acts 1970, ch. 527, §§ 7, 8; T.C.A., § 23-3207.
Tenn. Code Ann. § 29-12-106 — TN Code / Title 29 / Chapter 12 / Section 29-12-106
Limitation of actions
Status: in_force

In no case shall the limitation of actions be held to commence running in favor of a fraudulent or voluntary possessor, until the creditor, to be affected by the fraudulent or voluntary conveyance, has a right of action to test the validity of such conveyance. Code 1858, § 4293 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6102; Code 1932, § 10363; T.C.A. (orig. ed.), § 23-1006.
In no case shall the limitation of actions be held to commence running in favor of a fraudulent or voluntary possessor, until the creditor, to be affected by the fraudulent or voluntary conveyance, has a right of action to test the validity of such conveyance.
Code 1858, § 4293 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., §6102; Code 1932, § 10363; T.C.A. (orig. ed.), § 23-1006.
Tenn. Code Ann. § 29-5-303 — TN Code / Title 29 / Chapter 5 / Section 29-5-303
Notice
Status: in_force

(a) Except as otherwise provided in this part, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course. A form of notice that is specified by the agreement to arbitrate or the rules of an arbitration organization specified in the agreement to arbitrate, is conclusively presumed reasonable. (b) A person has notice if the person has knowledge of the notice or has received notice. (c) A person receives notice when the notice comes to the person's attention, or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of the communications. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Except as otherwise provided in this part, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course. A form of notice that is specified by the agreement to arbitrate or the rules of an arbitration organization specified in the agreement to arbitrate, is conclusively presumed reasonable.
(b) A person has notice if the person has knowledge of the notice or has received notice.
(c) A person receives notice when the notice comes to the person's attention, or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of the communications.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-35-120 — TN Code / Title 29 / Chapter 35 / Section 29-35-120
Death of relators
Status: in_force

(a) Should the sole relator die pending the action, the suit abates, unless by the second term thereafter it is revived in the name of some person who, on application, and giving security for costs, is substituted in the place of the deceased relator. (b) If there are several relators, the suit abates only on the death of all. (c) On the abatement of the action as above, judgment shall be rendered against the sureties of the relator for the costs. Code 1858, §§ 3428, 3429; Shan., §§ 5184, 5185; Code 1932, §§ 9355, 9356; T.C.A. (orig. ed.), § 23-2820.
(a) Should the sole relator die pending the action, the suit abates, unless by the second term thereafter it is revived in the name of some person who, on application, and giving security for costs, is substituted in the place of the deceased relator.
(b) If there are several relators, the suit abates only on the death of all.
(c) On the abatement of the action as above, judgment shall be rendered against the sureties of the relator for the costs.
Code 1858, §§ 3428, 3429; Shan., §§ 5184, 5185; Code 1932, §§ 9355, 9356; T.C.A. (orig. ed.), § 23-2820.
Tenn. Code Ann. § 29-30-217 — TN Code / Title 29 / Chapter 30 / Section 29-30-217
Appeal from general sessions court
Status: in_force

Either party may appeal from the general sessions court's judgment to the circuit court, within the ten (10) days allowed by § 27-5-108 , on giving bond in double the value of the property replevied, payable to the opposite party, conditioned to prosecute the appeal with effect, and to abide by and perform the judgment of the circuit court; but a bond in double the value is not required of a defendant not in possession and unsuccessful before the general sessions court. Code 1858, § 3398 (deriv. Acts 1851-1852, ch. 32, § 5); Shan., § 5153; mod. Code 1932, § 9308; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2328; Acts 1989, ch. 20, § 2.
Either party may appeal from the general sessions court's judgment to the circuit court, within the ten (10) days allowed by § 27-5-108 , on giving bond in double the value of the property replevied, payable to the opposite party, conditioned to prosecute the appeal with effect, and to abide by and perform the judgment of the circuit court; but a bond in double the value is not required of a defendant not in possession and unsuccessful before the general sessions court.
Code 1858, § 3398 (deriv. Acts 1851-1852, ch. 32, § 5); Shan., § 5153; mod. Code 1932, § 9308; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2328; Acts 1989, ch. 20, § 2.
Tenn. Code Ann. § 29-27-103 — TN Code / Title 29 / Chapter 27 / Section 29-27-103
Infancy of owners - Distinctness of interests
Status: in_force

Nor will the fact that some of the joint owners are infants, and that it is to their interest that the property should not be partitioned; nor that the several estates and interests of the parties are altogether different and distinct. Code 1858, § 3264 (deriv. Acts 1853-1854, ch. 48, § 2); Shan., § 5012; Code 1932, § 9167; T.C.A. (orig. ed.), § 23-2103.
Nor will the fact that some of the joint owners are infants, and that it is to their interest that the property should not be partitioned; nor that the several estates and interests of the parties are altogether different and distinct.
Code 1858, § 3264 (deriv. Acts 1853-1854, ch. 48, § 2); Shan., § 5012; Code 1932, § 9167; T.C.A. (orig. ed.), § 23-2103.
Tenn. Code Ann. § 29-7-101 — TN Code / Title 29 / Chapter 7 / Section 29-7-101
Assets subject to garnishment
Status: in_force

Where property, choses in action, or effects of the debtor are in the hands of third persons, or third persons are indebted to such debtor, the attachment may be by garnishment. Code 1858, § 3478 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5238; Code 1932, § 9428; T.C.A. (orig. ed.), § 23-701.
Where property, choses in action, or effects of the debtor are in the hands of third persons, or third persons are indebted to such debtor, the attachment may be by garnishment.
Code 1858, § 3478 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5238; Code 1932, § 9428; T.C.A. (orig. ed.), § 23-701.
Tenn. Code Ann. § 29-3-112 — TN Code / Title 29 / Chapter 3 / Section 29-3-112
Unlawfully engaging in business or profession
Status: in_force

The carrying on, conducting, or practice of any profession, business, or occupation which is prohibited by law, unless the person so engaging in such profession, business, or occupation is in the possession of or holds a license issued by some board or other authority organized under the laws of the state, by any person not possessed of or holding the required license, is hereby declared to be a public nuisance, and the same may be abated under any procedure now provided by law for the abatement of any public nuisance, and such abatement may be accomplished by injunction. Acts 1919, ch. 158, § 1; Shan. Supp., § 5158a1; Code 1932, §9316; T.C.A. (orig. ed.), § 23-313.
The carrying on, conducting, or practice of any profession, business, or occupation which is prohibited by law, unless the person so engaging in such profession, business, or occupation is in the possession of or holds a license issued by some board or other authority organized under the laws of the state, by any person not possessed of or holding the required license, is hereby declared to be a public nuisance, and the same may be abated under any procedure now provided by law for the abatement of any public nuisance, and such abatement may be accomplished by injunction.
Acts 1919, ch. 158, § 1; Shan. Supp., § 5158a1; Code 1932, §9316; T.C.A. (orig. ed.), § 23-313.
Tenn. Code Ann. § 29-20-108 — TN Code / Title 29 / Chapter 20 / Section 29-20-108
Immunity of emergency communications district boards, state, counties, and municipalities and employees - Exceptions
Status: in_force

(a) Emergency communications district boards, established in § 7-86-105 , and the members of such board shall be immune from any claim, complaint or suit of any nature which relates to or arises from the conduct of the affairs of the board except in cases of gross negligence by such board or its members. The finding of the general assembly is that the service of such boards and the members thereof is so critical to the safety and welfare of the citizens of this state that such absolute and complete immunity is required for the free exercise of the duties of such boards by the members. (b) Such immunity shall also extend to employees of an emergency communications district, and county and municipal governments for the acts or omissions of employees that manage, supervise, or perform 911 emergency communications service as communicators or dispatchers; provided, that all such employees shall attain and maintain training requirements as may be required by state law. (c) An emergency call taker or public safety dispatcher who assists or instructs a caller or bystander on T-CPR is not liable for any civil damages or subject to a civil suit of any nature arising out of the assistance and instruction provided to the caller or bystander, except in cases of gross negligence or willful misconduct. (d) (1) A caller or bystander may decline to receive T-CPR. (2) When a caller or bystander declines T-CPR, the emergency call taker or public safety dispatcher has no obligation to provide such instruction. (e) The emergency communication district, state, county, and municipality are not liable for any civil damages or subject to a civil suit of any nature for employees who answer 911 emergency calls and employees who are recently hired, except in cases of gross negligence or willful misconduct. (f) As used in this section, "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA). Amended by 2020 Tenn. Acts, ch. 575, Secs.s2, s3 eff. 3/19/2020. Amended by 2014 Tenn. Acts, ch. 795, s 9, eff. 1/1/2015. Acts 1985, ch. 144, § 1.
(a) Emergency communications district boards, established in § 7-86-105 , and the members of such board shall be immune from any claim, complaint or suit of any nature which relates to or arises from the conduct of the affairs of the board except in cases of gross negligence by such board or its members. The finding of the general assembly is that the service of such boards and the members thereof is so critical to the safety and welfare of the citizens of this state that such absolute and complete immunity is required for the free exercise of the duties of such boards by the members.
(b) Such immunity shall also extend to employees of an emergency communications district, and county and municipal governments for the acts or omissions of employees that manage, supervise, or perform 911 emergency communications service as communicators or dispatchers; provided, that all such employees shall attain and maintain training requirements as may be required by state law.
(c) An emergency call taker or public safety dispatcher who assists or instructs a caller or bystander on T-CPR is not liable for any civil damages or subject to a civil suit of any nature arising out of the assistance and instruction provided to the caller or bystander, except in cases of gross negligence or willful misconduct.
(d) (1) A caller or bystander may decline to receive T-CPR. (2) When a caller or bystander declines T-CPR, the emergency call taker or public safety dispatcher has no obligation to provide such instruction.
(1) A caller or bystander may decline to receive T-CPR.
(2) When a caller or bystander declines T-CPR, the emergency call taker or public safety dispatcher has no obligation to provide such instruction.
(e) The emergency communication district, state, county, and municipality are not liable for any civil damages or subject to a civil suit of any nature for employees who answer 911 emergency calls and employees who are recently hired, except in cases of gross negligence or willful misconduct.
(f) As used in this section, "T-CPR" means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).
Amended by 2020 Tenn. Acts, ch. 575, Secs.s2, s3 eff. 3/19/2020.
Amended by 2014 Tenn. Acts, ch. 795, s 9, eff. 1/1/2015.
Acts 1985, ch. 144, § 1.
Tenn. Code Ann. § 29-3-108 — TN Code / Title 29 / Chapter 3 / Section 29-3-108
Time of trial
Status: in_force

Proceedings under §§ 29-3-101 - 29-3-111 shall be triable at the first term after due notice or service of process, and shall, in the chancery and circuit courts, be given precedence over all other causes. Acts 1913 (2nd Ex. Sess.), ch. 2, § 5; Shan., § 5164a8; Code 1932, § 9331; T.C.A. (orig. ed.), § 23-309.
Proceedings under §§ 29-3-101 - 29-3-111 shall be triable at the first term after due notice or service of process, and shall, in the chancery and circuit courts, be given precedence over all other causes.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 5; Shan., § 5164a8; Code 1932, § 9331; T.C.A. (orig. ed.), § 23-309.
Tenn. Code Ann. § 29-21-109 — TN Code / Title 29 / Chapter 21 / Section 29-21-109
Refusal of writ
Status: in_force

If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto. Code 1858, § 3726; Shan., § 5506; Code 1932, § 9677; T.C.A. (orig. ed.), § 23-1809.
If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto.
Code 1858, § 3726; Shan., § 5506; Code 1932, § 9677; T.C.A. (orig. ed.), § 23-1809.
Tenn. Code Ann. § 29-3-113 — TN Code / Title 29 / Chapter 3 / Section 29-3-113
Relators in abatement of business or occupation
Status: in_force

The writ of injunction provided for in § 29-3-112 may be sued out by the board, or commissioner, charged with the supervision of the particular business or profession; or by any person affected by such nuisance. Acts 1919, ch. 158, § 2; Shan. Supp., § 5158a2; mod. Code 1932, §9317; T.C.A. (orig. ed.), § 23-314.
The writ of injunction provided for in § 29-3-112 may be sued out by the board, or commissioner, charged with the supervision of the particular business or profession; or by any person affected by such nuisance.
Acts 1919, ch. 158, § 2; Shan. Supp., § 5158a2; mod. Code 1932, §9317; T.C.A. (orig. ed.), § 23-314.
Tenn. Code Ann. § 29-22-101 — TN Code / Title 29 / Chapter 22 / Section 29-22-101
Lien created - Application - Priority
Status: in_force

(a) Every person, firm, association, corporation, institution, or any governmental unit, including the state of Tennessee, any county or municipalities operating and maintaining a hospital in this state, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance. (b) The hospital lien, however, shall not apply to any amount in excess of one-third (1/3) of the damages obtained or recovered by such person by judgment, settlement or compromise rendered or entered into by such person or such person's legal representative by virtue of the cause of action accruing thereto. (c) The lien herein created shall be subject and subordinate to any attorney's lien whether by contract, suit or judgment upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6. Any such lien arising out of a motor vehicle accident shall not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in such accident. Acts 1970, ch. 527, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 23-3201.
(a) Every person, firm, association, corporation, institution, or any governmental unit, including the state of Tennessee, any county or municipalities operating and maintaining a hospital in this state, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance.
(b) The hospital lien, however, shall not apply to any amount in excess of one-third (1/3) of the damages obtained or recovered by such person by judgment, settlement or compromise rendered or entered into by such person or such person's legal representative by virtue of the cause of action accruing thereto.
(c) The lien herein created shall be subject and subordinate to any attorney's lien whether by contract, suit or judgment upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6. Any such lien arising out of a motor vehicle accident shall not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in such accident.
Acts 1970, ch. 527, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 23-3201.
Tenn. Code Ann. § 29-6-160 — TN Code / Title 29 / Chapter 6 / Section 29-6-160
Stay of judgment
Status: in_force

(a) Where the defendant does not appear, the court may, and a general sessions judge shall, stay final judgment or decree, not exceeding twelve (12) nor less than six (6) months from the time of the return. (b) Where the attachment is sued out because the defendant is a nonresident, the stay shall be allowed, unless sufficient cause appear to the contrary. Code 1858, §§ 3527, 3528 (deriv. Acts 1794, ch. 1, § 25; 1835-1836, ch. 43, § 5; 1845-1846, ch. 108, § 2); Shan., §§5287, 5288; Code 1932, §§ 9479, 9480; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-660.
(a) Where the defendant does not appear, the court may, and a general sessions judge shall, stay final judgment or decree, not exceeding twelve (12) nor less than six (6) months from the time of the return.
(b) Where the attachment is sued out because the defendant is a nonresident, the stay shall be allowed, unless sufficient cause appear to the contrary.
Code 1858, §§ 3527, 3528 (deriv. Acts 1794, ch. 1, § 25; 1835-1836, ch. 43, § 5; 1845-1846, ch. 108, § 2); Shan., §§5287, 5288; Code 1932, §§ 9479, 9480; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-660.
Tenn. Code Ann. § 29-35-111 — TN Code / Title 29 / Chapter 35 / Section 29-35-111
Bill in equity - Venue
Status: in_force

The suit is brought by bill in equity, filed in either the circuit or chancery court of the county in which the office is usurped or held, or the corporation or supposed corporation holds its meetings or has its principal place of business. Code 1858, § 3411 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5167; Code 1932, § 9338; T.C.A. (orig. ed.), § 23-2811.
The suit is brought by bill in equity, filed in either the circuit or chancery court of the county in which the office is usurped or held, or the corporation or supposed corporation holds its meetings or has its principal place of business.
Code 1858, § 3411 (deriv. Acts 1845-1846, ch. 55, § 5); Shan., §5167; Code 1932, § 9338; T.C.A. (orig. ed.), § 23-2811.
Tenn. Code Ann. § 29-6-149 — TN Code / Title 29 / Chapter 6 / Section 29-6-149
Right to replevy - Amount of bond
Status: in_force

The defendant in an attachment suit may replevy the real or personal property attached by giving bond, with good security, payable to the plaintiff, in double the amount of the plaintiff's demand, or, at defendant's option, in double the value of the property attached, conditioned to pay the debt, interest, and costs, or the value of the property attached, with interest, as the case may be, in the event the defendant shall be cast in the suit. Code 1858, § 3509 (deriv. Acts 1839-1840, ch. 43, § 1; 1843-1844, ch. 29, § 2; 1851-1852, ch. 365, § 12); Shan., § 5269; Code 1932, § 9460; T.C.A. (orig. ed.), § 23-649.
The defendant in an attachment suit may replevy the real or personal property attached by giving bond, with good security, payable to the plaintiff, in double the amount of the plaintiff's demand, or, at defendant's option, in double the value of the property attached, conditioned to pay the debt, interest, and costs, or the value of the property attached, with interest, as the case may be, in the event the defendant shall be cast in the suit.
Code 1858, § 3509 (deriv. Acts 1839-1840, ch. 43, § 1; 1843-1844, ch. 29, § 2; 1851-1852, ch. 365, § 12); Shan., § 5269; Code 1932, § 9460; T.C.A. (orig. ed.), § 23-649.
Tenn. Code Ann. § 29-11-102 — TN Code / Title 29 / Chapter 11 / Section 29-11-102
Right of contribution among tort-feasors - Exceptions - Subrogation - Indemnity
Status: in_force

(a) Except as otherwise provided in this chapter where two (2) or more persons are jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them; but no right of contribution shall exist where, by virtue of intrafamily immunity, immunity under the workers' compensation laws of the state of Tennessee, or like immunity, a claimant is barred from maintaining a tort action for injury or wrongful death against the party from whom contribution is sought. (b) The right of contribution exists only in favor of a tort-feasor who has paid more than the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-104 , and the tort-feasor's total recovery is limited to the amount paid by the tort-feasor in excess of this proportionate share. (c) There is no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury or wrongful death. (d) A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable. (e) A liability insurer, who by payment has discharged in full or in part the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, may be subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-103 . This provision does not limit or impair any right of subrogation or assignment arising from any other relationship and causes of action for contribution or indemnity are fully assignable and transferable. (f) This chapter does not impair any right of indemnity under existing law. Where one tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of tort-feasor's indemnity obligation. (g) This chapter shall not apply to breaches of trust or of other fiduciary obligation. Acts 1968, ch. 575, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. § 23-3102; 1999, ch. 433, §§ 1, 2.
(a) Except as otherwise provided in this chapter where two (2) or more persons are jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them; but no right of contribution shall exist where, by virtue of intrafamily immunity, immunity under the workers' compensation laws of the state of Tennessee, or like immunity, a claimant is barred from maintaining a tort action for injury or wrongful death against the party from whom contribution is sought.
(b) The right of contribution exists only in favor of a tort-feasor who has paid more than the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-104 , and the tort-feasor's total recovery is limited to the amount paid by the tort-feasor in excess of this proportionate share.
(c) There is no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury or wrongful death.
(d) A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
(e) A liability insurer, who by payment has discharged in full or in part the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, may be subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-103 . This provision does not limit or impair any right of subrogation or assignment arising from any other relationship and causes of action for contribution or indemnity are fully assignable and transferable.
(f) This chapter does not impair any right of indemnity under existing law. Where one tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of tort-feasor's indemnity obligation.
(g) This chapter shall not apply to breaches of trust or of other fiduciary obligation.
Acts 1968, ch. 575, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. § 23-3102; 1999, ch. 433, §§ 1, 2.
Tenn. Code Ann. § 29-17-1005 — TN Code / Title 29 / Chapter 17 / Section 29-17-1005
Condemned property to be offered for sale to former owner under certain circumstances
Status: in_force

(a) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, and the local government determines the property condemned or taken by eminent domain is not used for the purpose or purposes for which it was condemned or for some other authorized public use, or if the local government subsequently decides to sell it within ten (10) years of being condemned or taken, the property shall be first offered for sale to the former property owner or owners from whom the property was condemned or taken. (b) An agreement to purchase the property for the lesser of the following must be signed by the former property owner or owners within thirty (30) days of receipt of the offer: (1) The price paid to the former property owner or owners by the local government at the time the local government acquired the property through eminent domain, plus the appraised fair market value of any improvements made to the property after condemnation and an amount equal to the average amount of interest that would have accrued on the amount paid to the former property owner or owners if held in United States treasury bonds; or (2) An amount representing not less than the fair market value of the property as of the date of the purchase agreement. (c) If the property is not purchased by the former property owner or owners within thirty (30) days or if no former property owner can be found following a good faith effort by the local government to do so, the property shall be offered for sale in any commercially reasonable manner to the general public for an amount not less than the fair market value, together with costs. (d) (1) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, for a public use, a former property owner may request from the local government a statement of intent for public use no more than once every twenty-four (24) months following the date of the condemnation. (2) The statement of intent for public use must state the public use for which the local government intends to use the property and a description of the intended plan for any improvements to the property. (3) Notwithstanding subdivision (d)(1), if the local government publicly discloses its decision to not use the property for a public use, then a former property owner may immediately request from the local government a new statement of intent for public use. (e) Rights granted to a former property owner under this section do not transfer to the former property owner's heirs or transfer to any other party. (f) This section does not apply if compliance is prohibited by federal law. (g) As used in this section, "local government" means any incorporated city or town, county, or metropolitan government. Amended by 2018 Tenn. Acts, ch. 871,s 1, eff. 7/1/2018. Added by 2014 Tenn. Acts, ch. 851,s 1, eff. 7/1/2014.
(a) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, and the local government determines the property condemned or taken by eminent domain is not used for the purpose or purposes for which it was condemned or for some other authorized public use, or if the local government subsequently decides to sell it within ten (10) years of being condemned or taken, the property shall be first offered for sale to the former property owner or owners from whom the property was condemned or taken.
(b) An agreement to purchase the property for the lesser of the following must be signed by the former property owner or owners within thirty (30) days of receipt of the offer: (1) The price paid to the former property owner or owners by the local government at the time the local government acquired the property through eminent domain, plus the appraised fair market value of any improvements made to the property after condemnation and an amount equal to the average amount of interest that would have accrued on the amount paid to the former property owner or owners if held in United States treasury bonds; or (2) An amount representing not less than the fair market value of the property as of the date of the purchase agreement.
(1) The price paid to the former property owner or owners by the local government at the time the local government acquired the property through eminent domain, plus the appraised fair market value of any improvements made to the property after condemnation and an amount equal to the average amount of interest that would have accrued on the amount paid to the former property owner or owners if held in United States treasury bonds; or
(2) An amount representing not less than the fair market value of the property as of the date of the purchase agreement.
(c) If the property is not purchased by the former property owner or owners within thirty (30) days or if no former property owner can be found following a good faith effort by the local government to do so, the property shall be offered for sale in any commercially reasonable manner to the general public for an amount not less than the fair market value, together with costs.
(d) (1) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, for a public use, a former property owner may request from the local government a statement of intent for public use no more than once every twenty-four (24) months following the date of the condemnation. (2) The statement of intent for public use must state the public use for which the local government intends to use the property and a description of the intended plan for any improvements to the property. (3) Notwithstanding subdivision (d)(1), if the local government publicly discloses its decision to not use the property for a public use, then a former property owner may immediately request from the local government a new statement of intent for public use.
(1) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, for a public use, a former property owner may request from the local government a statement of intent for public use no more than once every twenty-four (24) months following the date of the condemnation.
(2) The statement of intent for public use must state the public use for which the local government intends to use the property and a description of the intended plan for any improvements to the property.
(3) Notwithstanding subdivision (d)(1), if the local government publicly discloses its decision to not use the property for a public use, then a former property owner may immediately request from the local government a new statement of intent for public use.
(e) Rights granted to a former property owner under this section do not transfer to the former property owner's heirs or transfer to any other party.
(f) This section does not apply if compliance is prohibited by federal law.
(g) As used in this section, "local government" means any incorporated city or town, county, or metropolitan government.
Amended by 2018 Tenn. Acts, ch. 871,s 1, eff. 7/1/2018.
Added by 2014 Tenn. Acts, ch. 851,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 29-27-118 — TN Code / Title 29 / Chapter 27 / Section 29-27-118
Report of commissioners
Status: in_force

The commissioners shall make a report in writing, signed by at least three (3) of them, of what they have done, and describing the land divided, and the share of each party, by metes and bounds, or other sufficient designation. Code 1858, § 3282 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5030; Code 1932, § 9185; T.C.A. (orig. ed.), § 23-2122.
The commissioners shall make a report in writing, signed by at least three (3) of them, of what they have done, and describing the land divided, and the share of each party, by metes and bounds, or other sufficient designation.
Code 1858, § 3282 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5030; Code 1932, § 9185; T.C.A. (orig. ed.), § 23-2122.
Tenn. Code Ann. § 29-6-157 — TN Code / Title 29 / Chapter 6 / Section 29-6-157
Application of property to judgment
Status: in_force

The property attached, if not replevied, with its proceeds or increase from the date of levy, shall be subjected to the satisfaction of the judgment or decree by sale upon such terms and conditions as may, in the discretion of the court, be deemed for the interest of all parties, by order of sale, or by other process necessary to effect the object. Code 1858, § 3536 (deriv. Acts 1835-1836, ch. 43, § 1); Shan., §5296; Code 1932, § 9488; T.C.A. (orig. ed.), § 23-657.
The property attached, if not replevied, with its proceeds or increase from the date of levy, shall be subjected to the satisfaction of the judgment or decree by sale upon such terms and conditions as may, in the discretion of the court, be deemed for the interest of all parties, by order of sale, or by other process necessary to effect the object.
Code 1858, § 3536 (deriv. Acts 1835-1836, ch. 43, § 1); Shan., §5296; Code 1932, § 9488; T.C.A. (orig. ed.), § 23-657.
Tenn. Code Ann. § 29-21-115 — TN Code / Title 29 / Chapter 21 / Section 29-21-115
Precept
Status: in_force

(a) The court or judge to whom the application for the writ is made, if satisfied that the plaintiff is likely to suffer irreparable injury before the plaintiff could be relieved by the proceedings as authorized in §§ 29-21-112 - 29-21-114, may issue a precept to the sheriff, or other person selected, commanding the sheriff or other person to bring the plaintiff forthwith before such judge or court. (b) When the evidence is further sufficient to justify the arrest of the defendant, for a criminal offense committed in connection with the illegal detention of the plaintiff, the precept shall also contain an order for the arrest of the defendant. (c) The officer or person to whom the precept is directed shall execute the same by bringing the defendant, and also the plaintiff, if required, before the court or judge issuing it, and thereupon the defendant shall make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued. The defendant may also be examined and committed, bailed or discharged, according to the nature of the case. Code 1858, §§ 3737 -- 3740; Shan., §§ 5517 -- 5520; Code 1932, §§ 9687 -- 9690; T.C.A. (orig. ed.), §§ 23-1819 -- 23-1821.
(a) The court or judge to whom the application for the writ is made, if satisfied that the plaintiff is likely to suffer irreparable injury before the plaintiff could be relieved by the proceedings as authorized in §§ 29-21-112 - 29-21-114, may issue a precept to the sheriff, or other person selected, commanding the sheriff or other person to bring the plaintiff forthwith before such judge or court.
(b) When the evidence is further sufficient to justify the arrest of the defendant, for a criminal offense committed in connection with the illegal detention of the plaintiff, the precept shall also contain an order for the arrest of the defendant.
(c) The officer or person to whom the precept is directed shall execute the same by bringing the defendant, and also the plaintiff, if required, before the court or judge issuing it, and thereupon the defendant shall make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued. The defendant may also be examined and committed, bailed or discharged, according to the nature of the case.
Code 1858, §§ 3737 -- 3740; Shan., §§ 5517 -- 5520; Code 1932, §§ 9687 -- 9690; T.C.A. (orig. ed.), §§ 23-1819 -- 23-1821.
Tenn. Code Ann. § 29-13-406 — TN Code / Title 29 / Chapter 13 / Section 29-13-406
Apportionment of funds among victims
Status: in_force

(a) If more than one (1) victim may claim funds from an escrow account, no victim may be compensated until all claims against the defendant have been adjudicated. (b) If more than one (1) victim recovers a judgment for money damages, and funds from the escrow account are insufficient to satisfy fully all judgments, money shall be apportioned to each victim on a prorated basis. Acts 1994, ch. 1003, § 6.
(a) If more than one (1) victim may claim funds from an escrow account, no victim may be compensated until all claims against the defendant have been adjudicated.
(b) If more than one (1) victim recovers a judgment for money damages, and funds from the escrow account are insufficient to satisfy fully all judgments, money shall be apportioned to each victim on a prorated basis.
Acts 1994, ch. 1003, § 6.
Tenn. Code Ann. § 29-1-108 — TN Code / Title 29 / Chapter 1 / Section 29-1-108
Application after refusal
Status: in_force

If any application is made for extraordinary process and refused, no other application shall be granted, except by the court in which the bill is filed. Code 1858, § 4436; Shan., § 6253; Code 1932, § 10539; T.C.A. (orig. ed.), § 23-110.
If any application is made for extraordinary process and refused, no other application shall be granted, except by the court in which the bill is filed.
Code 1858, § 4436; Shan., § 6253; Code 1932, § 10539; T.C.A. (orig. ed.), § 23-110.
Tenn. Code Ann. § 29-1-101 — TN Code / Title 29 / Chapter 1 / Section 29-1-101
Application of equitable remedies
Status: in_force

The provisions of this code relating to injunctions, appointment of receivers, and other extraordinary process, apply equally to equity proceedings in any court. Amended by 2017 Tenn. Acts, ch. 271, s 1, eff. 5/4/2017. Code 1858, § 3766; Shan., § 5547; Code 1932, § 9717; T.C.A. (orig. ed.), § 23-102.
The provisions of this code relating to injunctions, appointment of receivers, and other extraordinary process, apply equally to equity proceedings in any court.
Amended by 2017 Tenn. Acts, ch. 271, s 1, eff. 5/4/2017.
Code 1858, § 3766; Shan., § 5547; Code 1932, § 9717; T.C.A. (orig. ed.), § 23-102.
Tenn. Code Ann. § 29-33-113 — TN Code / Title 29 / Chapter 33 / Section 29-33-113
Effect of exoneration
Status: in_force

The exoneration of the applicant surety does not affect the previous liability of any of the obligors in the original bond; nor are any of the obligors who have not joined in such application discharged from any liability accruing after the filing of such additional bond; and the obligors who are not exonerated are liable to any person injured by a breach of such bonds, in the same or separate actions. Code 1858, § 3677; Shan., § 5447; Code 1932, § 9609; T.C.A. (orig. ed.), § 23-2713.
The exoneration of the applicant surety does not affect the previous liability of any of the obligors in the original bond; nor are any of the obligors who have not joined in such application discharged from any liability accruing after the filing of such additional bond; and the obligors who are not exonerated are liable to any person injured by a breach of such bonds, in the same or separate actions.
Code 1858, § 3677; Shan., § 5447; Code 1932, § 9609; T.C.A. (orig. ed.), § 23-2713.
Tenn. Code Ann. § 29-20-403 — TN Code / Title 29 / Chapter 20 / Section 29-20-403
Liability insurance authorized - Compensation for injury - Limits - Limits of liability for self-insuring entities
Status: in_force

(a) Any governmental entity may purchase insurance to cover its liability under this chapter. (b) Every policy or contract of insurance purchased by a governmental entity as authorized by this chapter shall provide: (1) (A) Minimum limits of not less than forty thousand dollars ($40,000) for bodily injury or death of any one (1) person in any one (1) accident and not less than eighty thousand dollars ($80,000) for bodily injury or death of any two (2) or more persons in any one (1) accident; provided, that in cases arising out of the ownership, maintenance, and use of automobiles, the minimum limit shall be not less than one hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person in any one (1) accident, and to a limit of not less than three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons in any one (1) accident, and to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident. In the event the governmental entity is unable to purchase insurance to cover its obligations hereunder, except through an assigned risk pool, then for purposes of § 29-20-311 the limits of liability shall be twenty thousand dollars ($20,000) for injury to any one (1) person resulting from one (1) accident and forty thousand dollars ($40,000) for all injuries resulting from one (1) accident with a limit of ten thousand dollars ($10,000) for property damages resulting from any one (1) accident. If insurance is not purchased through an assigned risk pool then the greater limits above apply; and (B) Subdivision (b)(1)(A) applies only to actions arising before July 1, 1987; (2) (A) Minimum limits of not less than one hundred thirty thousand dollars ($130,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act and not less than three hundred fifty thousand dollars ($350,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and in cases arising out of the ownership, maintenance and use of automobiles to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(2)(A) applies to any action arising on or after July 1, 1987, but before July 1, 2002; and (B) Minimum limits of not less than fifty thousand dollars ($50,000), except as provided otherwise in this section, for injury to or destruction of property of others in any one (1) accident; (3) Minimum limits of not less than two hundred fifty thousand dollars ($250,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than six hundred thousand dollars ($600,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and eighty-five thousand dollars ($85,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(3) shall apply to any action arising on or after July 1, 2002, but before July 1, 2007; and (4) Minimum limits of not less than three hundred thousand dollars ($300,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than seven hundred thousand dollars ($700,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and one hundred thousand dollars ($100,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(4) shall apply to any action arising on or after July 1, 2007. (c) Any governmental entity electing to self-insure its liability shall have the same limits of liability as if insurance had been purchased. Acts 1973, ch. 345, § 24; T.C.A., § 23-3327; Acts 1982, ch. 950, §§ 1, 2; 1987, ch. 405, §§ 5, 6; 1992, ch. 821, § 1; 1999, ch. 377, § 1; 2001, ch. 424, §§ 1, 2.
(a) Any governmental entity may purchase insurance to cover its liability under this chapter.
(b) Every policy or contract of insurance purchased by a governmental entity as authorized by this chapter shall provide: (1) (A) Minimum limits of not less than forty thousand dollars ($40,000) for bodily injury or death of any one (1) person in any one (1) accident and not less than eighty thousand dollars ($80,000) for bodily injury or death of any two (2) or more persons in any one (1) accident; provided, that in cases arising out of the ownership, maintenance, and use of automobiles, the minimum limit shall be not less than one hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person in any one (1) accident, and to a limit of not less than three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons in any one (1) accident, and to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident. In the event the governmental entity is unable to purchase insurance to cover its obligations hereunder, except through an assigned risk pool, then for purposes of § 29-20-311 the limits of liability shall be twenty thousand dollars ($20,000) for injury to any one (1) person resulting from one (1) accident and forty thousand dollars ($40,000) for all injuries resulting from one (1) accident with a limit of ten thousand dollars ($10,000) for property damages resulting from any one (1) accident. If insurance is not purchased through an assigned risk pool then the greater limits above apply; and (B) Subdivision (b)(1)(A) applies only to actions arising before July 1, 1987; (2) (A) Minimum limits of not less than one hundred thirty thousand dollars ($130,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act and not less than three hundred fifty thousand dollars ($350,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and in cases arising out of the ownership, maintenance and use of automobiles to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(2)(A) applies to any action arising on or after July 1, 1987, but before July 1, 2002; and (B) Minimum limits of not less than fifty thousand dollars ($50,000), except as provided otherwise in this section, for injury to or destruction of property of others in any one (1) accident; (3) Minimum limits of not less than two hundred fifty thousand dollars ($250,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than six hundred thousand dollars ($600,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and eighty-five thousand dollars ($85,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(3) shall apply to any action arising on or after July 1, 2002, but before July 1, 2007; and (4) Minimum limits of not less than three hundred thousand dollars ($300,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than seven hundred thousand dollars ($700,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and one hundred thousand dollars ($100,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(4) shall apply to any action arising on or after July 1, 2007.
(1) (A) Minimum limits of not less than forty thousand dollars ($40,000) for bodily injury or death of any one (1) person in any one (1) accident and not less than eighty thousand dollars ($80,000) for bodily injury or death of any two (2) or more persons in any one (1) accident; provided, that in cases arising out of the ownership, maintenance, and use of automobiles, the minimum limit shall be not less than one hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person in any one (1) accident, and to a limit of not less than three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons in any one (1) accident, and to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident. In the event the governmental entity is unable to purchase insurance to cover its obligations hereunder, except through an assigned risk pool, then for purposes of § 29-20-311 the limits of liability shall be twenty thousand dollars ($20,000) for injury to any one (1) person resulting from one (1) accident and forty thousand dollars ($40,000) for all injuries resulting from one (1) accident with a limit of ten thousand dollars ($10,000) for property damages resulting from any one (1) accident. If insurance is not purchased through an assigned risk pool then the greater limits above apply; and (B) Subdivision (b)(1)(A) applies only to actions arising before July 1, 1987;
(A) Minimum limits of not less than forty thousand dollars ($40,000) for bodily injury or death of any one (1) person in any one (1) accident and not less than eighty thousand dollars ($80,000) for bodily injury or death of any two (2) or more persons in any one (1) accident; provided, that in cases arising out of the ownership, maintenance, and use of automobiles, the minimum limit shall be not less than one hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person in any one (1) accident, and to a limit of not less than three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons in any one (1) accident, and to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident. In the event the governmental entity is unable to purchase insurance to cover its obligations hereunder, except through an assigned risk pool, then for purposes of § 29-20-311 the limits of liability shall be twenty thousand dollars ($20,000) for injury to any one (1) person resulting from one (1) accident and forty thousand dollars ($40,000) for all injuries resulting from one (1) accident with a limit of ten thousand dollars ($10,000) for property damages resulting from any one (1) accident. If insurance is not purchased through an assigned risk pool then the greater limits above apply; and
(B) Subdivision (b)(1)(A) applies only to actions arising before July 1, 1987;
(2) (A) Minimum limits of not less than one hundred thirty thousand dollars ($130,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act and not less than three hundred fifty thousand dollars ($350,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and in cases arising out of the ownership, maintenance and use of automobiles to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(2)(A) applies to any action arising on or after July 1, 1987, but before July 1, 2002; and (B) Minimum limits of not less than fifty thousand dollars ($50,000), except as provided otherwise in this section, for injury to or destruction of property of others in any one (1) accident;
(A) Minimum limits of not less than one hundred thirty thousand dollars ($130,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act and not less than three hundred fifty thousand dollars ($350,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and in cases arising out of the ownership, maintenance and use of automobiles to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(2)(A) applies to any action arising on or after July 1, 1987, but before July 1, 2002; and
(B) Minimum limits of not less than fifty thousand dollars ($50,000), except as provided otherwise in this section, for injury to or destruction of property of others in any one (1) accident;
(3) Minimum limits of not less than two hundred fifty thousand dollars ($250,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than six hundred thousand dollars ($600,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and eighty-five thousand dollars ($85,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(3) shall apply to any action arising on or after July 1, 2002, but before July 1, 2007; and
(4) Minimum limits of not less than three hundred thousand dollars ($300,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than seven hundred thousand dollars ($700,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and one hundred thousand dollars ($100,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(4) shall apply to any action arising on or after July 1, 2007.
(c) Any governmental entity electing to self-insure its liability shall have the same limits of liability as if insurance had been purchased.
Acts 1973, ch. 345, § 24; T.C.A., § 23-3327; Acts 1982, ch. 950, §§ 1, 2; 1987, ch. 405, §§ 5, 6; 1992, ch. 821, § 1; 1999, ch. 377, § 1; 2001, ch. 424, §§ 1, 2.