Tenn. Code Ann. § 20-9-104 — TN Code / Title 20 / Chapter 9 / Section 20-9-104
Tape recording of proceedings
Status: in_force

It is lawful for attorneys representing parties in proceedings in any of the courts of this state to use tape recorders as an aid in making notes of the proceedings. Acts 1972, ch. 684, § 1; T.C.A., § 20-1331.
It is lawful for attorneys representing parties in proceedings in any of the courts of this state to use tape recorders as an aid in making notes of the proceedings.
Acts 1972, ch. 684, § 1; T.C.A., § 20-1331.
Tenn. Code Ann. § 20-2-212 — TN Code / Title 20 / Chapter 2 / Section 20-2-212
Continuances
Status: in_force

The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense. Acts 1961, ch. 246, § 4; T.C.A., § 20-233.
The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense.
Acts 1961, ch. 246, § 4; T.C.A., § 20-233.
Tenn. Code Ann. § 20-7-106 — TN Code / Title 20 / Chapter 7 / Section 20-7-106
Member of general assembly as attorney, party or witness in case
Status: in_force

Upon the motion of a member of the general assembly qualified to make such motion under this section, or the member's attorney or representative, any court, constituted under the laws of this state, any administrative board or commission or other agency authorized to conduct hearings shall grant a continuance or postponement of the proceedings, at any stage of the action, if it is shown that an attorney, party or material witness is a member of the general assembly and that: (1) The general assembly is in annual regular session or special session; or (2) The attorney, party or material witness would be required to be absent from any meeting of a legislative committee while the general assembly is not in session if a continuance is not granted. Acts 1971, ch. 333, § 1; T.C.A., § 20-1106; Acts 1981, ch. 62, § 2.
Upon the motion of a member of the general assembly qualified to make such motion under this section, or the member's attorney or representative, any court, constituted under the laws of this state, any administrative board or commission or other agency authorized to conduct hearings shall grant a continuance or postponement of the proceedings, at any stage of the action, if it is shown that an attorney, party or material witness is a member of the general assembly and that:
(1) The general assembly is in annual regular session or special session; or
(2) The attorney, party or material witness would be required to be absent from any meeting of a legislative committee while the general assembly is not in session if a continuance is not granted.
Acts 1971, ch. 333, § 1; T.C.A., § 20-1106; Acts 1981, ch. 62, § 2.
Tenn. Code Ann. § 20-2-215 — TN Code / Title 20 / Chapter 2 / Section 20-2-215
Service on secretary of state - Forwarding by registered or certified mail - Personal representatives of deceased defendants - Time for appearance - Registered or certified mail refused
Status: in_force

(a) Service of process pursuant to § 20-2-214 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which the action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made. (b) In case it appears, either before or after the lodging of process as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue directed to the personal representative of the nonresident deceased and shall be sent as provided in this section to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-216 for the service upon living persons. (c) The fee of twenty dollars ($20.00) so paid by plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment. (d) In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, such refusal shall be deemed the equivalent of delivery and adequately constitutes service. Acts 1965, ch. 67, § 2; 1971, ch. 332, § 1; 1979, ch. 88, § 1; 1980, ch. 656, § 2; T.C.A., § 20-236; Acts 1998, ch. 890, § 7.
(a) Service of process pursuant to § 20-2-214 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which the action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
(b) In case it appears, either before or after the lodging of process as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue directed to the personal representative of the nonresident deceased and shall be sent as provided in this section to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-216 for the service upon living persons.
(c) The fee of twenty dollars ($20.00) so paid by plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
(d) In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, such refusal shall be deemed the equivalent of delivery and adequately constitutes service.
Acts 1965, ch. 67, § 2; 1971, ch. 332, § 1; 1979, ch. 88, § 1; 1980, ch. 656, § 2; T.C.A., § 20-236; Acts 1998, ch. 890, § 7.
Tenn. Code Ann. § 20-2-101 — TN Code / Title 20 / Chapter 2 / Section 20-2-101
Summons from general sessions court
Status: in_force

The summons from a court of general sessions shall be substantially the same as the summons from a court of record, but requiring the defendant to appear before the judge on a day fixed, or generally. If no time or place is designated, the officer serving the process shall notify the defendant of the time and place, and make the officer's return accordingly. Code 1858, § 2817; Shan., § 4522; Code 1932, § 8649; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-204; modified.
The summons from a court of general sessions shall be substantially the same as the summons from a court of record, but requiring the defendant to appear before the judge on a day fixed, or generally. If no time or place is designated, the officer serving the process shall notify the defendant of the time and place, and make the officer's return accordingly.
Code 1858, § 2817; Shan., § 4522; Code 1932, § 8649; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-204; modified.
Tenn. Code Ann. § 20-4-202 — TN Code / Title 20 / Chapter 4 / Section 20-4-202
One change for each side
Status: in_force

The venue may be changed by the plaintiff or defendant, or both, but not more than once by each, except for causes not in existence when the first change was taken. Code 1858, § 2836 (deriv. Acts 1819, ch. 43, § 1); Acts 1870, ch. 5, § 2; Shan., § 4550; Code 1932, § 8683; T.C.A. (orig. ed.), § 20-502.
The venue may be changed by the plaintiff or defendant, or both, but not more than once by each, except for causes not in existence when the first change was taken.
Code 1858, § 2836 (deriv. Acts 1819, ch. 43, § 1); Acts 1870, ch. 5, § 2; Shan., § 4550; Code 1932, § 8683; T.C.A. (orig. ed.), § 20-502.
Tenn. Code Ann. § 20-11-102 — TN Code / Title 20 / Chapter 11 / Section 20-11-102
§ 20-11-102
Status: in_force

In appeals from courts of general sessions, the circuit court shall supply any defect in the proceedings of the inferior jurisdiction, as though the suit had been commenced in the circuit court.
Tenn. Code Ann. § 20-1-108 — TN Code / Title 20 / Chapter 1 / Section 20-1-108
Joinder of defendants on joint and several obligations
Status: in_force

Persons jointly or severally, or jointly and severally, bound on the same instrument, or by judgment, decree or statute, including the makers and endorsers of negotiable paper and sureties, may all or any part of them be sued in the same action. Code 1858, § 2787 (deriv. Acts 1789, ch. 57, § 5; 1813, ch. 66, §1; 1820, ch. 25, § 1; 1829, ch. 66, § 1; 1837-1838, ch. 5, § 1); Shan., § 4484; Code 1932, § 8611; T.C.A. (orig. ed.), § 20-109.
Persons jointly or severally, or jointly and severally, bound on the same instrument, or by judgment, decree or statute, including the makers and endorsers of negotiable paper and sureties, may all or any part of them be sued in the same action.
Code 1858, § 2787 (deriv. Acts 1789, ch. 57, § 5; 1813, ch. 66, §1; 1820, ch. 25, § 1; 1829, ch. 66, § 1; 1837-1838, ch. 5, § 1); Shan., § 4484; Code 1932, § 8611; T.C.A. (orig. ed.), § 20-109.
Tenn. Code Ann. § 20-9-613 — TN Code / Title 20 / Chapter 9 / Section 20-9-613
Applications for grandfathering licensure to practice as court reporter - Automatic granting of licensure
Status: in_force

(a) Any person who is engaged in the practice of court reporting on or before January 1, 2010, and who: (1) Provides to the board an affidavit setting forth past education and work experience as a court reporter and: (A) An affidavit of a judge for whom the person has worked as an official court reporter; (B) Affidavits of three (3) licensed attorneys; or (C) Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting; (2) Provides proof of passage of the National Court Reporters Association Registered Professional Reporter examination, the National Verbatim Reporters Association Certified Verbatim Reporter examination, or the American Association of Electronic Reporters and Transcribers Certified Electronic Court Reporter examination; or (3) Provides proof of a court reporter license issued by any state; provided, that the state has the same or more stringent requirements of this chapter; and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter. (b) (1) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter examination designation on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter. (2) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter designation on or before January 1, 2010, and does not apply for licensure within one (1) year of July 1, 2010, shall be required to pass the licensed court reporter examination and pay applicable licensure fees in order to become a licensed court reporter. (3) Any member in good standing of the Tennessee Court Reporters Association who holds the registered professional reporter designation, or higher, from the NCRA, NVRA or AAERT on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter. (c) The deadline for receiving applications under subsections (a) and (b) shall be July 1, 2011. (d) On or before October 1, 2012, any person who provides satisfactory proof that such person graduated from a court reporting program in this state prior to January 1, 2012, shall be licensed to practice as a court reporter. Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 5, 6; 2012, ch. 960, § 1.
(a) Any person who is engaged in the practice of court reporting on or before January 1, 2010, and who: (1) Provides to the board an affidavit setting forth past education and work experience as a court reporter and: (A) An affidavit of a judge for whom the person has worked as an official court reporter; (B) Affidavits of three (3) licensed attorneys; or (C) Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting; (2) Provides proof of passage of the National Court Reporters Association Registered Professional Reporter examination, the National Verbatim Reporters Association Certified Verbatim Reporter examination, or the American Association of Electronic Reporters and Transcribers Certified Electronic Court Reporter examination; or (3) Provides proof of a court reporter license issued by any state; provided, that the state has the same or more stringent requirements of this chapter; and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter.
(1) Provides to the board an affidavit setting forth past education and work experience as a court reporter and: (A) An affidavit of a judge for whom the person has worked as an official court reporter; (B) Affidavits of three (3) licensed attorneys; or (C) Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting;
(A) An affidavit of a judge for whom the person has worked as an official court reporter;
(B) Affidavits of three (3) licensed attorneys; or
(C) Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting;
(2) Provides proof of passage of the National Court Reporters Association Registered Professional Reporter examination, the National Verbatim Reporters Association Certified Verbatim Reporter examination, or the American Association of Electronic Reporters and Transcribers Certified Electronic Court Reporter examination; or
(3) Provides proof of a court reporter license issued by any state; provided, that the state has the same or more stringent requirements of this chapter; and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter.
and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter.
(b) (1) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter examination designation on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter. (2) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter designation on or before January 1, 2010, and does not apply for licensure within one (1) year of July 1, 2010, shall be required to pass the licensed court reporter examination and pay applicable licensure fees in order to become a licensed court reporter. (3) Any member in good standing of the Tennessee Court Reporters Association who holds the registered professional reporter designation, or higher, from the NCRA, NVRA or AAERT on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
(1) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter examination designation on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
(2) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter designation on or before January 1, 2010, and does not apply for licensure within one (1) year of July 1, 2010, shall be required to pass the licensed court reporter examination and pay applicable licensure fees in order to become a licensed court reporter.
(3) Any member in good standing of the Tennessee Court Reporters Association who holds the registered professional reporter designation, or higher, from the NCRA, NVRA or AAERT on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
(c) The deadline for receiving applications under subsections (a) and (b) shall be July 1, 2011.
(d) On or before October 1, 2012, any person who provides satisfactory proof that such person graduated from a court reporting program in this state prior to January 1, 2012, shall be licensed to practice as a court reporter.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 5, 6; 2012, ch. 960, § 1.
Tenn. Code Ann. § 20-9-610 — TN Code / Title 20 / Chapter 9 / Section 20-9-610
Reciprocal agreements with other entities - Application for nonresident licenses - Fees for nonresident application
Status: in_force

(a) The board shall enter into reciprocal agreements with any state, agency or other entity that licenses, certifies or registers court reporters, such as the National Court Reporters Association (NCRA), the National Verbatim Reporters Association (NVRA) or the American Association of Electronic Reporters and Transcribers (AAERT), if the board finds that the state, agency or other entity has substantially the same or more stringent requirements as the board. (b) The reciprocity agreement shall provide that the board shall license a person who is currently licensed, certified or registered in another state or by another agency or other entity if that state, agency or other entity agrees to license, certify or register any licensees licensed pursuant to this part. (c) Nonresident court reporters desiring to make a verbatim record of any testimony of a proceeding, the jurisdiction of which is within the courts of this state or where appeal to any court of this state is allowable by law, shall make application for a nonresident license. The applicant shall make application on the same forms as required of other applicants, shall pay a fee in an amount determined by the board and shall present proof that the applicant is a competent licensed court reporter in another state or certified by NCRA, NVRA or AAERT. The board shall issue a nonresident license upon the finding the applicant has met these requirements. The license shall be valid for a period not to exceed two (2) years from the date of issuance. A nonresident court reporter shall reapply for licensure every two (2) years. A licensure fee in an amount determined by the board shall be required. (d) The board shall establish fees appropriate for processing reciprocal licensing. Acts 2009, ch. 450, § 1.
(a) The board shall enter into reciprocal agreements with any state, agency or other entity that licenses, certifies or registers court reporters, such as the National Court Reporters Association (NCRA), the National Verbatim Reporters Association (NVRA) or the American Association of Electronic Reporters and Transcribers (AAERT), if the board finds that the state, agency or other entity has substantially the same or more stringent requirements as the board.
(b) The reciprocity agreement shall provide that the board shall license a person who is currently licensed, certified or registered in another state or by another agency or other entity if that state, agency or other entity agrees to license, certify or register any licensees licensed pursuant to this part.
(c) Nonresident court reporters desiring to make a verbatim record of any testimony of a proceeding, the jurisdiction of which is within the courts of this state or where appeal to any court of this state is allowable by law, shall make application for a nonresident license. The applicant shall make application on the same forms as required of other applicants, shall pay a fee in an amount determined by the board and shall present proof that the applicant is a competent licensed court reporter in another state or certified by NCRA, NVRA or AAERT. The board shall issue a nonresident license upon the finding the applicant has met these requirements. The license shall be valid for a period not to exceed two (2) years from the date of issuance. A nonresident court reporter shall reapply for licensure every two (2) years. A licensure fee in an amount determined by the board shall be required.
(d) The board shall establish fees appropriate for processing reciprocal licensing.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-5-101 — TN Code / Title 20 / Chapter 5 / Section 20-5-101
No abatement where cause survives
Status: in_force

Actions do not abate by the death or other disability of either party, or by the transfer of any interest in the action, if the cause of action survives or continues. Code 1858, § 2845 (deriv. Acts 1785, ch. 2, § 2; 1786, ch. 14, §1; 1819, ch. 16, §§ 1, 3; 1835-1836, ch. 77, § 1); Shan., § 4568; mod. Code 1932, § 8693; T.C.A. (orig. ed.), § 20-601.
Actions do not abate by the death or other disability of either party, or by the transfer of any interest in the action, if the cause of action survives or continues.
Code 1858, § 2845 (deriv. Acts 1785, ch. 2, § 2; 1786, ch. 14, §1; 1819, ch. 16, §§ 1, 3; 1835-1836, ch. 77, § 1); Shan., § 4568; mod. Code 1932, § 8693; T.C.A. (orig. ed.), § 20-601.
Tenn. Code Ann. § 20-12-108 — TN Code / Title 20 / Chapter 12 / Section 20-12-108
Correction of erroneous taxation
Status: in_force

If the taxation of costs is excessive by charging the costs of witnesses who were not examined or by charging costs to an improper party, or taxing costs contrary to law, or the taxation is otherwise erroneous, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred. Code 1858, § 3212; Shan., § 4954; Code 1932, § 9107; T.C.A. (orig. ed.), § 20-1608.
If the taxation of costs is excessive by charging the costs of witnesses who were not examined or by charging costs to an improper party, or taxing costs contrary to law, or the taxation is otherwise erroneous, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred.
Code 1858, § 3212; Shan., § 4954; Code 1932, § 9107; T.C.A. (orig. ed.), § 20-1608.
Tenn. Code Ann. § 20-9-604 — TN Code / Title 20 / Chapter 9 / Section 20-9-604
Creation of Tennessee board of court reporting
Status: in_force

(a) There is created the Tennessee board of court reporting, which shall be attached to the department of commerce and insurance, division of regulatory boards, which is authorized to administer all the administrative functions and duties of the board, except those discretionary regulatory duties and powers vested by law in the board members. (b) (1) The board shall be comprised of seven (7) members, as follows: (A) One (1) circuit or chancery court judge; (B) Two (2) attorneys licensed to practice in the state; (C) Two (2) freelance court reporters who practice machine shorthand; (D) One (1) court reporter who practices any method of court reporting; and (E) One (1) freelance court reporter who practices electronic court reporting, closed microphone voice dictation silencer reporting or manual shorthand reporting (pen). (2) All court reporter members shall be licensed pursuant to this part; provided, however, that the initial court reporters appointed shall not be required to be licensed pursuant to this part until July 1, 2010. (c) All members of the board shall be citizens of the United States and this state. The initial terms shall begin July 1, 2009, and all appointments shall be made by the governor prior to July 1 of each year for which appointments are to be made. The court reporter members may be appointed from lists of qualified persons submitted by interested court reporter groups, including, but not limited to, the Tennessee Court Reporters Association. The governor shall consult with such groups before making any appointments to the board. (d) The initial members shall serve the following terms as designated by the governor: (1) Three (3) members shall serve for two (2) years; (2) Two (2) members shall serve for three (3) years; and (3) Two (2) members shall serve for four (4) years. (e) Subsequent terms of office shall be for four (4) years. No member shall serve more than two (2) consecutive terms. In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified. (f) At its first meeting each calendar year, the board shall elect a chair, vice chair and secretary from its membership. No member shall be elected to serve more than two (2) consecutive years in the same office. (g) After the initial appointments have been made, the board shall meet during July 2009, or as soon thereafter as practicable, for the purpose of organizing and transacting business. Thereafter, the board shall meet not less than twice annually and as frequently as deemed necessary by the chair or a majority of the members. The board shall meet at a time and place designated by the board. A quorum shall consist of four (4) members. (h) Board members shall receive travel expenses according to the rules promulgated by the department of finance and administration and approved by the attorney general. Amended by 2015 Tenn. Acts, ch. 355,s 2, eff. 7/1/2015. Acts 2009, ch. 450, § 1; 2010, ch. 1123, § 11; 2012, ch. 698, § 3.
(a) There is created the Tennessee board of court reporting, which shall be attached to the department of commerce and insurance, division of regulatory boards, which is authorized to administer all the administrative functions and duties of the board, except those discretionary regulatory duties and powers vested by law in the board members.
(b) (1) The board shall be comprised of seven (7) members, as follows: (A) One (1) circuit or chancery court judge; (B) Two (2) attorneys licensed to practice in the state; (C) Two (2) freelance court reporters who practice machine shorthand; (D) One (1) court reporter who practices any method of court reporting; and (E) One (1) freelance court reporter who practices electronic court reporting, closed microphone voice dictation silencer reporting or manual shorthand reporting (pen). (2) All court reporter members shall be licensed pursuant to this part; provided, however, that the initial court reporters appointed shall not be required to be licensed pursuant to this part until July 1, 2010.
(1) The board shall be comprised of seven (7) members, as follows: (A) One (1) circuit or chancery court judge; (B) Two (2) attorneys licensed to practice in the state; (C) Two (2) freelance court reporters who practice machine shorthand; (D) One (1) court reporter who practices any method of court reporting; and (E) One (1) freelance court reporter who practices electronic court reporting, closed microphone voice dictation silencer reporting or manual shorthand reporting (pen).
(A) One (1) circuit or chancery court judge;
(B) Two (2) attorneys licensed to practice in the state;
(C) Two (2) freelance court reporters who practice machine shorthand;
(D) One (1) court reporter who practices any method of court reporting; and
(E) One (1) freelance court reporter who practices electronic court reporting, closed microphone voice dictation silencer reporting or manual shorthand reporting (pen).
(2) All court reporter members shall be licensed pursuant to this part; provided, however, that the initial court reporters appointed shall not be required to be licensed pursuant to this part until July 1, 2010.
(c) All members of the board shall be citizens of the United States and this state. The initial terms shall begin July 1, 2009, and all appointments shall be made by the governor prior to July 1 of each year for which appointments are to be made. The court reporter members may be appointed from lists of qualified persons submitted by interested court reporter groups, including, but not limited to, the Tennessee Court Reporters Association. The governor shall consult with such groups before making any appointments to the board.
(d) The initial members shall serve the following terms as designated by the governor: (1) Three (3) members shall serve for two (2) years; (2) Two (2) members shall serve for three (3) years; and (3) Two (2) members shall serve for four (4) years.
(1) Three (3) members shall serve for two (2) years;
(2) Two (2) members shall serve for three (3) years; and
(3) Two (2) members shall serve for four (4) years.
(e) Subsequent terms of office shall be for four (4) years. No member shall serve more than two (2) consecutive terms. In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified.
(f) At its first meeting each calendar year, the board shall elect a chair, vice chair and secretary from its membership. No member shall be elected to serve more than two (2) consecutive years in the same office.
(g) After the initial appointments have been made, the board shall meet during July 2009, or as soon thereafter as practicable, for the purpose of organizing and transacting business. Thereafter, the board shall meet not less than twice annually and as frequently as deemed necessary by the chair or a majority of the members. The board shall meet at a time and place designated by the board. A quorum shall consist of four (4) members.
(h) Board members shall receive travel expenses according to the rules promulgated by the department of finance and administration and approved by the attorney general.
Amended by 2015 Tenn. Acts, ch. 355,s 2, eff. 7/1/2015.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, § 11; 2012, ch. 698, § 3.
Tenn. Code Ann. § 20-6-102 — TN Code / Title 20 / Chapter 6 / Section 20-6-102
Use of identifying information in electronic or paper filing
Status: in_force

(a) Unless otherwise required by statute, court rule, or court order, in an electronic or paper filing with the court that contains an individual's social security number, taxpayer identification number, or birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing shall include only: (1) The last four (4) digits of the social security number and taxpayer identification number; (2) The year of the individual's birth; (3) The minor's initials; and (4) The last four (4) digits of the financial account number. (b) This section does not apply to filings in juvenile court. (c) This section does not apply to parenting plan filings pursuant to title 36, chapter 6. Amended by 2023 Tenn. Acts, ch. 124,s 1, eff. 4/4/2023. Added by 2019 Tenn. Acts, ch. 151, s 1, eff. 4/17/2019.
(a) Unless otherwise required by statute, court rule, or court order, in an electronic or paper filing with the court that contains an individual's social security number, taxpayer identification number, or birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing shall include only: (1) The last four (4) digits of the social security number and taxpayer identification number; (2) The year of the individual's birth; (3) The minor's initials; and (4) The last four (4) digits of the financial account number.
(1) The last four (4) digits of the social security number and taxpayer identification number;
(2) The year of the individual's birth;
(3) The minor's initials; and
(4) The last four (4) digits of the financial account number.
(b) This section does not apply to filings in juvenile court.
(c) This section does not apply to parenting plan filings pursuant to title 36, chapter 6.
Amended by 2023 Tenn. Acts, ch. 124,s 1, eff. 4/4/2023.
Added by 2019 Tenn. Acts, ch. 151, s 1, eff. 4/17/2019.
Tenn. Code Ann. § 20-5-105 — TN Code / Title 20 / Chapter 5 / Section 20-5-105
Revival by or against successor in interest
Status: in_force

If the decedent has parted with the decedent's interest pending the suit, it may be revived by or against the successor in interest instead of the representative or heir. Code 1858, § 2850 (deriv. Acts 1794, ch. 1, § 64); Shan., § 4572; Code 1932, § 8697; T.C.A. (orig. ed.), § 20-606.
If the decedent has parted with the decedent's interest pending the suit, it may be revived by or against the successor in interest instead of the representative or heir.
Code 1858, § 2850 (deriv. Acts 1794, ch. 1, § 64); Shan., § 4572; Code 1932, § 8697; T.C.A. (orig. ed.), § 20-606.
Tenn. Code Ann. § 20-12-131 — TN Code / Title 20 / Chapter 12 / Section 20-12-131
Duties of officers and witnesses in cases in forma pauperis
Status: in_force

In the cases provided for by §§ 20-12-127 - 20-12-130, the clerks and other officers of court shall perform all the usual duties required in the progress of an action or suit, and the witnesses shall attend, as in other cases, unless their depositions are taken under the provisions of this code. Code 1858, § 3193 (deriv. Acts 1821, ch. 22, §§ 1, 4); Shan., §4931; Code 1932, § 9084; T.C.A. (orig. ed.), § 20-1633.
In the cases provided for by §§ 20-12-127 - 20-12-130, the clerks and other officers of court shall perform all the usual duties required in the progress of an action or suit, and the witnesses shall attend, as in other cases, unless their depositions are taken under the provisions of this code.
Code 1858, § 3193 (deriv. Acts 1821, ch. 22, §§ 1, 4); Shan., §4931; Code 1932, § 9084; T.C.A. (orig. ed.), § 20-1633.
Tenn. Code Ann. § 20-2-111 — TN Code / Title 20 / Chapter 2 / Section 20-2-111
Returns made with ink - Penalty for violation
Status: in_force

(a) Sheriffs, constables and all officers are required to make their returns upon all processes issued to them with pen and ink or some other nonerasable material or fluid; but the failure of the officer to make the officer's return as required shall in no case vitiate the return. (b) Any officer violating this section commits a Class A misdemeanor, and is further liable in damages to any person or persons aggrieved by the violation. Acts 1889, ch. 51, §§ 1, 2; Shan., §§ 4537, 4538; mod. Code 1932, §§ 8664, 8665; T.C.A. (orig. ed.), § 20-216; Acts 1989, ch. 591, §§ 1, 6.
(a) Sheriffs, constables and all officers are required to make their returns upon all processes issued to them with pen and ink or some other nonerasable material or fluid; but the failure of the officer to make the officer's return as required shall in no case vitiate the return.
(b) Any officer violating this section commits a Class A misdemeanor, and is further liable in damages to any person or persons aggrieved by the violation.
Acts 1889, ch. 51, §§ 1, 2; Shan., §§ 4537, 4538; mod. Code 1932, §§ 8664, 8665; T.C.A. (orig. ed.), § 20-216; Acts 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 20-1-110 — TN Code / Title 20 / Chapter 1 / Section 20-1-110
Failure of recovery against joint defendants
Status: in_force

In all actions on contracts, a dismissal of suit as to one (1) or more of those jointly sued, or failure to recover as to one (1), shall not prevent a recovery against those defendants who may be liable. Code 1858, § 2790 (deriv. Acts 1820, ch. 25, § 2); Shan., § 4487; Code 1932, § 8614; T.C.A (orig. ed.), § 20-111.
In all actions on contracts, a dismissal of suit as to one (1) or more of those jointly sued, or failure to recover as to one (1), shall not prevent a recovery against those defendants who may be liable.
Code 1858, § 2790 (deriv. Acts 1820, ch. 25, § 2); Shan., § 4487; Code 1932, § 8614; T.C.A (orig. ed.), § 20-111.
Tenn. Code Ann. § 20-1-117 — TN Code / Title 20 / Chapter 1 / Section 20-1-117
Substitution for levying officer
Status: in_force

(a) Where property is levied upon under any process of law by an officer and taken into possession, and an action is brought against the officer for the recovery of the property or for damages, any person at whose instance the process issued may be permitted to come into court at any time before the cause is finally disposed of and be substituted as defendant in the place of the officer, of which an entry shall be made upon the minutes of the court. (b) The party so substituted may, in the discretion of the court, be compelled to assume and give security for all costs that have or may become chargeable to the officer up to the time of the substitution. (c) Upon the substitution, the officer shall no longer be a party to the suit but shall be a competent witness in the suit. Acts 1859-1860, ch. 104, §§ 1, 3; Shan., §§ 4498, 4500; Code 1932, §§ 8625, 8627; T.C.A. (orig. ed.), § 20-118.
(a) Where property is levied upon under any process of law by an officer and taken into possession, and an action is brought against the officer for the recovery of the property or for damages, any person at whose instance the process issued may be permitted to come into court at any time before the cause is finally disposed of and be substituted as defendant in the place of the officer, of which an entry shall be made upon the minutes of the court.
(b) The party so substituted may, in the discretion of the court, be compelled to assume and give security for all costs that have or may become chargeable to the officer up to the time of the substitution.
(c) Upon the substitution, the officer shall no longer be a party to the suit but shall be a competent witness in the suit.
Acts 1859-1860, ch. 104, §§ 1, 3; Shan., §§ 4498, 4500; Code 1932, §§ 8625, 8627; T.C.A. (orig. ed.), § 20-118.
Tenn. Code Ann. § 20-9-615 — TN Code / Title 20 / Chapter 9 / Section 20-9-615
Inactive status
Status: in_force

The board shall establish an inactive status for persons who are not actively engaged in the practice of court reporting. Acts 2009, ch. 450, § 1.
The board shall establish an inactive status for persons who are not actively engaged in the practice of court reporting.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-12-103 — TN Code / Title 20 / Chapter 12 / Section 20-12-103
Copies of records
Status: in_force

The necessary fees paid by the successful party in procuring copies of deeds, bonds, wills or other records filed as part of the testimony shall be taxed in the bill of costs. Code 1858, § 3206 (deriv. Acts 1849-1850, ch. 116, § 2); Shan., §4948; Code 1932, § 9101; T.C.A. (orig. ed.), § 20-1603.
The necessary fees paid by the successful party in procuring copies of deeds, bonds, wills or other records filed as part of the testimony shall be taxed in the bill of costs.
Code 1858, § 3206 (deriv. Acts 1849-1850, ch. 116, § 2); Shan., §4948; Code 1932, § 9101; T.C.A. (orig. ed.), § 20-1603.
Tenn. Code Ann. § 20-12-137 — TN Code / Title 20 / Chapter 12 / Section 20-12-137
Recovery from successful party
Status: in_force

All costs in civil actions accrued at the instance of the successful party that cannot be collected out of the other party may be recovered, on motion, by the person entitled to them, against the successful party and the surety on the successful party's cost bond. Code 1858, § 3204 (deriv. Acts 1847-1848, ch. 62, § 2); Shan., §4945; mod. Code 1932, § 9098; Acts 1939, ch. 62, § 1; C. Supp. 1950, § 9098; T.C.A. (orig. ed.), § 20-1639.
All costs in civil actions accrued at the instance of the successful party that cannot be collected out of the other party may be recovered, on motion, by the person entitled to them, against the successful party and the surety on the successful party's cost bond.
Code 1858, § 3204 (deriv. Acts 1847-1848, ch. 62, § 2); Shan., §4945; mod. Code 1932, § 9098; Acts 1939, ch. 62, § 1; C. Supp. 1950, § 9098; T.C.A. (orig. ed.), § 20-1639.
Tenn. Code Ann. § 20-10-101 — TN Code / Title 20 / Chapter 10 / Section 20-10-101
Additur
Status: in_force

(a) (1) In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the jury, or both such classes of damages. (2) If the additur is accepted by the defense, it shall then be ordered by the trial judge and become the verdict, and if not accepted, the trial judge shall grant the plaintiff's motion for a new trial because of the inadequacy of the verdict upon proper motion being made by the plaintiff. (b) (1) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be increased and an additur is suggested by the trial judge on that account, with the proviso that in case the party against whom the verdict has been rendered refuses to make the additur, a new trial will be awarded, the party against whom such verdict has been rendered may make such additur under protest, and appeal from the action of the trial judge to the court of appeals. (2) The court of appeals shall review the action of the trial court suggesting an additur using the standard of review provided for in the Tennessee Rules of Appellate Procedure 13(d) applicable to decisions of the trial court sitting without a jury. If the court of appeals is of the opinion that the verdict of the jury should not have been increased or that the amount of the additur is improper, but that the judgment of the trial court is correct in all other respects, the case shall be reversed to that extent, and the court of appeals may order remitted all or any part of the additur. Acts 1969, ch. 137, § 1; 1970, ch. 590, § 1; T.C.A., § 20-1330; Acts 1987, ch. 232, § 1.
(a) (1) In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the jury, or both such classes of damages. (2) If the additur is accepted by the defense, it shall then be ordered by the trial judge and become the verdict, and if not accepted, the trial judge shall grant the plaintiff's motion for a new trial because of the inadequacy of the verdict upon proper motion being made by the plaintiff.
(1) In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the jury, or both such classes of damages.
(2) If the additur is accepted by the defense, it shall then be ordered by the trial judge and become the verdict, and if not accepted, the trial judge shall grant the plaintiff's motion for a new trial because of the inadequacy of the verdict upon proper motion being made by the plaintiff.
(b) (1) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be increased and an additur is suggested by the trial judge on that account, with the proviso that in case the party against whom the verdict has been rendered refuses to make the additur, a new trial will be awarded, the party against whom such verdict has been rendered may make such additur under protest, and appeal from the action of the trial judge to the court of appeals. (2) The court of appeals shall review the action of the trial court suggesting an additur using the standard of review provided for in the Tennessee Rules of Appellate Procedure 13(d) applicable to decisions of the trial court sitting without a jury. If the court of appeals is of the opinion that the verdict of the jury should not have been increased or that the amount of the additur is improper, but that the judgment of the trial court is correct in all other respects, the case shall be reversed to that extent, and the court of appeals may order remitted all or any part of the additur.
(1) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be increased and an additur is suggested by the trial judge on that account, with the proviso that in case the party against whom the verdict has been rendered refuses to make the additur, a new trial will be awarded, the party against whom such verdict has been rendered may make such additur under protest, and appeal from the action of the trial judge to the court of appeals.
(2) The court of appeals shall review the action of the trial court suggesting an additur using the standard of review provided for in the Tennessee Rules of Appellate Procedure 13(d) applicable to decisions of the trial court sitting without a jury. If the court of appeals is of the opinion that the verdict of the jury should not have been increased or that the amount of the additur is improper, but that the judgment of the trial court is correct in all other respects, the case shall be reversed to that extent, and the court of appeals may order remitted all or any part of the additur.
Acts 1969, ch. 137, § 1; 1970, ch. 590, § 1; T.C.A., § 20-1330; Acts 1987, ch. 232, § 1.
Tenn. Code Ann. § 20-16-101 — TN Code / Title 20 / Chapter 16 / Section 20-16-101
Burden of proof in summary judgment motions
Status: in_force

In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it: (1) Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or (2) Demonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim. Acts 2011, ch. 498, § 1.
In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it:
(1) Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or
(2) Demonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim.
Acts 2011, ch. 498, § 1.
Tenn. Code Ann. § 20-6-201 — TN Code / Title 20 / Chapter 6 / Section 20-6-201
Successive actions
Status: in_force

Successive actions may be maintained on the same contract or transaction whenever, after the former action, a new cause of action arises therefrom. Code 1858, § 2899; Shan., § 4620; Code 1932, § 8743; T.C.A. (orig. ed.), § 20-804.
Successive actions may be maintained on the same contract or transaction whenever, after the former action, a new cause of action arises therefrom.
Code 1858, § 2899; Shan., § 4620; Code 1932, § 8743; T.C.A. (orig. ed.), § 20-804.
Tenn. Code Ann. § 20-10-103 — TN Code / Title 20 / Chapter 10 / Section 20-10-103
Remittitur under protest - Review by supreme court
Status: in_force

(a) If the judgment of the trial court with regard to a remittitur is affirmed in the court of appeals, so that a party is required to make a remittitur or suffer a new trial, as in the judgment of the trial court, or if, by the opinion of the court of appeals, a further or a larger remittitur is required of the party in whose favor the verdict was rendered, or if after the case was tried in the lower court by the trial judge without a jury, or if after the case was tried in the lower court with a jury and no remittitur was suggested by the trial judge, a remittitur is first suggested or required in the court of appeals, on penalty of granting a new trial, then in each and all of these events the party in whose favor the verdict or judgment has been rendered may make the remittitur under protest in the court of appeals, and take the case, by application for permission to appeal, for review upon that point, to the supreme court. (b) If, in the opinion of the supreme court, the verdict should not have been reduced, and the court of appeals was in error in affirming the action of the trial court as to the remittitur, or if the court of appeals was, itself, in error in suggesting a remittitur for the first time in that court, or in suggesting a further or larger remittitur than that suggested in the trial court, and if the judgment is otherwise correct, the case shall be reversed to that extent, and judgment shall be rendered in the supreme court for the full amount originally awarded by the jury or the trial judge sitting without a jury, as the case may be. Acts 1911, ch. 29, § 2; Shan., § 4852a2; Code 1932, § 8988; Acts 1949, ch. 253, § 2; C. Supp. 1950, § 8988; T.C.A. (orig. ed.), § 27-119; Acts 1981, ch. 449, § 2.
(a) If the judgment of the trial court with regard to a remittitur is affirmed in the court of appeals, so that a party is required to make a remittitur or suffer a new trial, as in the judgment of the trial court, or if, by the opinion of the court of appeals, a further or a larger remittitur is required of the party in whose favor the verdict was rendered, or if after the case was tried in the lower court by the trial judge without a jury, or if after the case was tried in the lower court with a jury and no remittitur was suggested by the trial judge, a remittitur is first suggested or required in the court of appeals, on penalty of granting a new trial, then in each and all of these events the party in whose favor the verdict or judgment has been rendered may make the remittitur under protest in the court of appeals, and take the case, by application for permission to appeal, for review upon that point, to the supreme court.
(b) If, in the opinion of the supreme court, the verdict should not have been reduced, and the court of appeals was in error in affirming the action of the trial court as to the remittitur, or if the court of appeals was, itself, in error in suggesting a remittitur for the first time in that court, or in suggesting a further or larger remittitur than that suggested in the trial court, and if the judgment is otherwise correct, the case shall be reversed to that extent, and judgment shall be rendered in the supreme court for the full amount originally awarded by the jury or the trial judge sitting without a jury, as the case may be.
Acts 1911, ch. 29, § 2; Shan., § 4852a2; Code 1932, § 8988; Acts 1949, ch. 253, § 2; C. Supp. 1950, § 8988; T.C.A. (orig. ed.), § 27-119; Acts 1981, ch. 449, § 2.
Tenn. Code Ann. § 20-7-104 — TN Code / Title 20 / Chapter 7 / Section 20-7-104
Judgment for costs
Status: in_force

If a continuance is granted on payment of costs, the court shall enter judgment and award execution for the costs. Code 1858, § 2943 (deriv. Acts 1829, ch. 33, § 4); Shan., § 4664; Code 1932, § 8792; T.C.A. (orig. ed.), § 20-1104.
If a continuance is granted on payment of costs, the court shall enter judgment and award execution for the costs.
Code 1858, § 2943 (deriv. Acts 1829, ch. 33, § 4); Shan., § 4664; Code 1932, § 8792; T.C.A. (orig. ed.), § 20-1104.
Tenn. Code Ann. § 20-9-510 — TN Code / Title 20 / Chapter 9 / Section 20-9-510
Submission of exhibits to jury
Status: in_force

The trial judge in civil cases may, in the judge's discretion, on motion of either party, upon the judge's own motion or on request by the jury, submit all exhibits admitted in evidence to the jury for the jury's consideration during deliberations on the jury's verdict. Acts 1976, ch. 792, § 1; T.C.A., § 20-1332.
The trial judge in civil cases may, in the judge's discretion, on motion of either party, upon the judge's own motion or on request by the jury, submit all exhibits admitted in evidence to the jury for the jury's consideration during deliberations on the jury's verdict.
Acts 1976, ch. 792, § 1; T.C.A., § 20-1332.
Tenn. Code Ann. § 20-13-205 — TN Code / Title 20 / Chapter 13 / Section 20-13-205
Effect on powers of attorney general and reporter - Cumulative and supplemental
Status: in_force

This part shall not be construed as a restriction or a limitation upon the powers that the attorney general and reporter might otherwise have under the laws of this state but must be construed as cumulative of and supplemental to these powers. Added by 2021 Tenn. Acts, ch. 491,s 20, eff. 5/24/2021.
This part shall not be construed as a restriction or a limitation upon the powers that the attorney general and reporter might otherwise have under the laws of this state but must be construed as cumulative of and supplemental to these powers.
Added by 2021 Tenn. Acts, ch. 491,s 20, eff. 5/24/2021.
Tenn. Code Ann. § 20-18-103 — TN Code / Title 20 / Chapter 18 / Section 20-18-103
Effect of chapter
Status: in_force

(a) This chapter does not create a cause of action independent of existing Tennessee or federal law and does not waive the defense of sovereign immunity where that defense applies. (b) This chapter does not affect the procedures and remedies provided in title 67, chapter 1, part 18. However, a case filed pursuant to title 67, chapter 1, part 18, that meets the requirements of § 20-18-101(a) must be heard by a three-judge panel pursuant to this chapter. Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
(a) This chapter does not create a cause of action independent of existing Tennessee or federal law and does not waive the defense of sovereign immunity where that defense applies.
(b) This chapter does not affect the procedures and remedies provided in title 67, chapter 1, part 18. However, a case filed pursuant to title 67, chapter 1, part 18, that meets the requirements of § 20-18-101(a) must be heard by a three-judge panel pursuant to this chapter.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 20-6-103 — TN Code / Title 20 / Chapter 6 / Section 20-6-103
Use of recycled paper
Status: in_force

(a) The general assembly finds and declares that there is a need to expand upon existing laws that foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys to courts of record be submitted on recycled paper. The general assembly further finds that the expanded use of recycled paper will protect and enhance the environment and the health and safety of the citizens of this state. (b) As used in this section, unless the context otherwise requires: (1) "Document" means a pleading or other paper submitted as an appendix to a pleading by an attorney, if the document is required or permitted to be filed with a clerk of a court of record concerning an action to be commenced or that is pending before a court of record; (2) "Post-consumer waste" includes a product generated by a business or consumer that has served its intended end use and that has been separated from solid waste for the purpose of collection, recycling and disposition; and (3) "Recycled paper" means paper with not less than fifty percent (50%) of its total weight consisting of secondary and post-consumer waste and with no less than ten percent (10%) of the total weight consisting of post-consumer waste. (c) An attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to each document. (d) The procedures adopted to implement this section shall not impede the conduct of court business or create grounds for an additional cause of action or sanction. (e) A court of record may not refuse a document solely because of a failure to use recycled paper. (f) Nothing in this section may be construed to apply to: (1) Photographs; (2) An original document that was prepared or printed prior to January 1, 1995; (3) A document that was not created at the direction or under the control of the submitting attorney; or (4) A facsimile copy otherwise permitted to be filed with a court of record instead of an original document; provided, that if the original is also required to be filed, the original shall be submitted in compliance with this section. (g) This section is not applicable if recycled paper is not readily available. Acts 1994, ch. 900, §§ 2, 3.
(a) The general assembly finds and declares that there is a need to expand upon existing laws that foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys to courts of record be submitted on recycled paper. The general assembly further finds that the expanded use of recycled paper will protect and enhance the environment and the health and safety of the citizens of this state.
(b) As used in this section, unless the context otherwise requires: (1) "Document" means a pleading or other paper submitted as an appendix to a pleading by an attorney, if the document is required or permitted to be filed with a clerk of a court of record concerning an action to be commenced or that is pending before a court of record; (2) "Post-consumer waste" includes a product generated by a business or consumer that has served its intended end use and that has been separated from solid waste for the purpose of collection, recycling and disposition; and (3) "Recycled paper" means paper with not less than fifty percent (50%) of its total weight consisting of secondary and post-consumer waste and with no less than ten percent (10%) of the total weight consisting of post-consumer waste.
(1) "Document" means a pleading or other paper submitted as an appendix to a pleading by an attorney, if the document is required or permitted to be filed with a clerk of a court of record concerning an action to be commenced or that is pending before a court of record;
(2) "Post-consumer waste" includes a product generated by a business or consumer that has served its intended end use and that has been separated from solid waste for the purpose of collection, recycling and disposition; and
(3) "Recycled paper" means paper with not less than fifty percent (50%) of its total weight consisting of secondary and post-consumer waste and with no less than ten percent (10%) of the total weight consisting of post-consumer waste.
(c) An attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to each document.
(d) The procedures adopted to implement this section shall not impede the conduct of court business or create grounds for an additional cause of action or sanction.
(e) A court of record may not refuse a document solely because of a failure to use recycled paper.
(f) Nothing in this section may be construed to apply to: (1) Photographs; (2) An original document that was prepared or printed prior to January 1, 1995; (3) A document that was not created at the direction or under the control of the submitting attorney; or (4) A facsimile copy otherwise permitted to be filed with a court of record instead of an original document; provided, that if the original is also required to be filed, the original shall be submitted in compliance with this section.
(1) Photographs;
(2) An original document that was prepared or printed prior to January 1, 1995;
(3) A document that was not created at the direction or under the control of the submitting attorney; or
(4) A facsimile copy otherwise permitted to be filed with a court of record instead of an original document; provided, that if the original is also required to be filed, the original shall be submitted in compliance with this section.
(g) This section is not applicable if recycled paper is not readily available.
Acts 1994, ch. 900, §§ 2, 3.
Tenn. Code Ann. § 20-4-104 — TN Code / Title 20 / Chapter 4 / Section 20-4-104
Business office of party
Status: in_force

For all civil actions, if the defendant is not a natural person, the action shall be brought in: (1) The county where all or a substantial part of the events or omissions giving rise to the cause of action accrued; (2) The county where any defendant organized under the laws of this state maintains its principal office; or (3) (A) If the defendant is not organized under the laws of this state, the county where the defendant's registered agent for service of process is located; or (B) If the defendant does not maintain a registered agent within this state, the county where the person designated by statute as the defendant's agent for service of process is located. Code 1858, § 2811 (deriv. Acts 1845-1846, ch. 55, § 2; 1849-1850, ch. 136; 1851-1852, ch. 136); Shan., § 4516; Code 1932, § 8643; T.C.A. (orig. ed.), § 20-40; Acts 2011, ch. 510, § 2.
For all civil actions, if the defendant is not a natural person, the action shall be brought in:
(1) The county where all or a substantial part of the events or omissions giving rise to the cause of action accrued;
(2) The county where any defendant organized under the laws of this state maintains its principal office; or
(3) (A) If the defendant is not organized under the laws of this state, the county where the defendant's registered agent for service of process is located; or (B) If the defendant does not maintain a registered agent within this state, the county where the person designated by statute as the defendant's agent for service of process is located.
(A) If the defendant is not organized under the laws of this state, the county where the defendant's registered agent for service of process is located; or
(B) If the defendant does not maintain a registered agent within this state, the county where the person designated by statute as the defendant's agent for service of process is located.
Code 1858, § 2811 (deriv. Acts 1845-1846, ch. 55, § 2; 1849-1850, ch. 136; 1851-1852, ch. 136); Shan., § 4516; Code 1932, § 8643; T.C.A. (orig. ed.), § 20-40; Acts 2011, ch. 510, § 2.
Tenn. Code Ann. § 20-12-139 — TN Code / Title 20 / Chapter 12 / Section 20-12-139
Bill of costs on appeal
Status: in_force

In case of appeals from the circuit or chancery court, the clerk shall make out a complete bill of costs, which shall accompany the record, and a copy of the bill of costs shall be placed upon the execution docket of the court below. Code 1858, § 3216; Shan., § 4958; Code 1932, § 9111; T.C.A. (orig. ed.), § 20-1641.
In case of appeals from the circuit or chancery court, the clerk shall make out a complete bill of costs, which shall accompany the record, and a copy of the bill of costs shall be placed upon the execution docket of the court below.
Code 1858, § 3216; Shan., § 4958; Code 1932, § 9111; T.C.A. (orig. ed.), § 20-1641.
Tenn. Code Ann. § 20-2-224 — TN Code / Title 20 / Chapter 2 / Section 20-2-224
Service outside the state
Status: in_force

When the exercise of personal jurisdiction is authorized by §§ 20-2-221 - 20-2-223, this section and § 20-2-225 , service may be made outside this state in the manner provided by the Tennessee rules of civil procedure or as otherwise provided by law. Acts 1997, ch. 226, § 1.
When the exercise of personal jurisdiction is authorized by §§ 20-2-221 - 20-2-223, this section and § 20-2-225 , service may be made outside this state in the manner provided by the Tennessee rules of civil procedure or as otherwise provided by law.
Acts 1997, ch. 226, § 1.
Tenn. Code Ann. § 20-1-112 — TN Code / Title 20 / Chapter 1 / Section 20-1-112
Defenses of executors sued separately
Status: in_force

The defendants, so separately sued, shall not be held further liable than if all were sued and may avail themselves of all the defenses allowed where all are sued. Code 1858, § 2793 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, § 1); Shan., § 4490; Code 1932, § 8617; T.C.A. (orig. ed.), § 20-113.
The defendants, so separately sued, shall not be held further liable than if all were sued and may avail themselves of all the defenses allowed where all are sued.
Code 1858, § 2793 (deriv. Acts 1826, ch. 38, § 1; 1827, ch. 84, § 1); Shan., § 4490; Code 1932, § 8617; T.C.A. (orig. ed.), § 20-113.
Tenn. Code Ann. § 20-18-101 — TN Code / Title 20 / Chapter 18 / Section 20-18-101
Civil complaints required to be heard and determined by three-judge panel - Notice - Three-judge panel
Status: in_force

(a) A civil action in which the complaint meets each of the following criteria must be heard and determined by a three-judge panel pursuant to this chapter: (1) Challenges the constitutionality of: (A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts; (B) An executive order; or (C) An administrative rule or regulation; (2) Includes a claim for declaratory judgment or injunctive relief; and (3) Is brought against the state, a state department or agency, or a state official acting in their official capacity. (b) (1) When an action described in subsection (a) is filed, the person or entity filing the action shall provide notice of the complaint to the presiding judge of the judicial district, who shall notify the supreme court. The supreme court shall select two (2) trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as a three-judge panel to hear and decide the civil action. (2) To ensure that members of the three-judge panel are drawn from different regions of the state, the supreme court shall select one (1) judge from each grand division of the state other than the grand division in which the civil action was originally filed. (3) The supreme court shall designate one (1) member of the panel to serve as the chief judge. (4) Should any member of the three-judge panel be disqualified or otherwise unable to serve on the panel, the supreme court shall appoint as a replacement another trial court judge from the same grand division as the judge being replaced, who shall serve by interchange, as provided in Rules 10B and 11 of the Tennessee Supreme Court Rules. (5) In the event of a disagreement among the three (3) judges comprising the panel, the majority prevails. (6) The rules promulgated by the supreme court shall govern the practice and procedure of the three-judge panel including what procedural matters may be decided solely by the chief judge. (c) The three-judge panel shall sit in the supreme court building in the grand division in which the civil action was filed, unless a location is otherwise designated by the supreme court. Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
(a) A civil action in which the complaint meets each of the following criteria must be heard and determined by a three-judge panel pursuant to this chapter: (1) Challenges the constitutionality of: (A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts; (B) An executive order; or (C) An administrative rule or regulation; (2) Includes a claim for declaratory judgment or injunctive relief; and (3) Is brought against the state, a state department or agency, or a state official acting in their official capacity.
(1) Challenges the constitutionality of: (A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts; (B) An executive order; or (C) An administrative rule or regulation;
(A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts;
(B) An executive order; or
(C) An administrative rule or regulation;
(2) Includes a claim for declaratory judgment or injunctive relief; and
(3) Is brought against the state, a state department or agency, or a state official acting in their official capacity.
(b) (1) When an action described in subsection (a) is filed, the person or entity filing the action shall provide notice of the complaint to the presiding judge of the judicial district, who shall notify the supreme court. The supreme court shall select two (2) trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as a three-judge panel to hear and decide the civil action. (2) To ensure that members of the three-judge panel are drawn from different regions of the state, the supreme court shall select one (1) judge from each grand division of the state other than the grand division in which the civil action was originally filed. (3) The supreme court shall designate one (1) member of the panel to serve as the chief judge. (4) Should any member of the three-judge panel be disqualified or otherwise unable to serve on the panel, the supreme court shall appoint as a replacement another trial court judge from the same grand division as the judge being replaced, who shall serve by interchange, as provided in Rules 10B and 11 of the Tennessee Supreme Court Rules. (5) In the event of a disagreement among the three (3) judges comprising the panel, the majority prevails. (6) The rules promulgated by the supreme court shall govern the practice and procedure of the three-judge panel including what procedural matters may be decided solely by the chief judge.
(1) When an action described in subsection (a) is filed, the person or entity filing the action shall provide notice of the complaint to the presiding judge of the judicial district, who shall notify the supreme court. The supreme court shall select two (2) trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as a three-judge panel to hear and decide the civil action.
(2) To ensure that members of the three-judge panel are drawn from different regions of the state, the supreme court shall select one (1) judge from each grand division of the state other than the grand division in which the civil action was originally filed.
(3) The supreme court shall designate one (1) member of the panel to serve as the chief judge.
(4) Should any member of the three-judge panel be disqualified or otherwise unable to serve on the panel, the supreme court shall appoint as a replacement another trial court judge from the same grand division as the judge being replaced, who shall serve by interchange, as provided in Rules 10B and 11 of the Tennessee Supreme Court Rules.
(5) In the event of a disagreement among the three (3) judges comprising the panel, the majority prevails.
(6) The rules promulgated by the supreme court shall govern the practice and procedure of the three-judge panel including what procedural matters may be decided solely by the chief judge.
(c) The three-judge panel shall sit in the supreme court building in the grand division in which the civil action was filed, unless a location is otherwise designated by the supreme court.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 20-12-142 — TN Code / Title 20 / Chapter 12 / Section 20-12-142
Construction as remedial
Status: in_force

The law of costs shall be construed remedially and not as the penal law. Code 1858, § 3219 (deriv. Acts 1801, ch. 6, § 65); Shan., § 4961; Code 1932, § 9114; T.C.A. (orig. ed.), § 20-1644.
The law of costs shall be construed remedially and not as the penal law.
Code 1858, § 3219 (deriv. Acts 1801, ch. 6, § 65); Shan., § 4961; Code 1932, § 9114; T.C.A. (orig. ed.), § 20-1644.
Tenn. Code Ann. § 20-17-110 — TN Code / Title 20 / Chapter 17 / Section 20-17-110
Severability
Status: in_force

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of chapter 185 of the Public Acts of 2019 that can be given effect without the invalid provision or application, and to that end the provisions of chapter 185 of the Public Acts of 2019 are declared to be severable. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of chapter 185 of the Public Acts of 2019 that can be given effect without the invalid provision or application, and to that end the provisions of chapter 185 of the Public Acts of 2019 are declared to be severable.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-5-113 — TN Code / Title 20 / Chapter 5 / Section 20-5-113
Damages recoverable in wrongful death
Status: in_force

Where a person's death is caused by the wrongful act, fault or omission of another and suit is brought for damages, as provided for by §§ 20-5-106 and 20-5-107 , the party suing shall, if entitled to damages, have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received. Acts 1883, ch. 186, § 1; Shan., § 4029; Code 1932, § 8240; T.C.A. (orig. ed.), § 20-614.
Where a person's death is caused by the wrongful act, fault or omission of another and suit is brought for damages, as provided for by §§ 20-5-106 and 20-5-107 , the party suing shall, if entitled to damages, have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.
Acts 1883, ch. 186, § 1; Shan., § 4029; Code 1932, § 8240; T.C.A. (orig. ed.), § 20-614.
Tenn. Code Ann. § 20-9-501 — TN Code / Title 20 / Chapter 9 / Section 20-9-501
Charge to jury in writing
Status: in_force

On the trial of all civil cases, it is the duty of the judge before whom the civil case is tried, at the request of either party, plaintiff or defendant, to reduce every word of the judge's charge to the jury to writing before it is delivered to the jury, and all subsequent instructions that may be asked for by the jury, or that may be given by the judge, shall, in like manner, be reduced to writing before being delivered to the jury. Acts 1875, ch. 37, § 1; Shan., § 4683; Code 1932, § 8809; T.C.A. (orig. ed.), § 20-1315.
On the trial of all civil cases, it is the duty of the judge before whom the civil case is tried, at the request of either party, plaintiff or defendant, to reduce every word of the judge's charge to the jury to writing before it is delivered to the jury, and all subsequent instructions that may be asked for by the jury, or that may be given by the judge, shall, in like manner, be reduced to writing before being delivered to the jury.
Acts 1875, ch. 37, § 1; Shan., § 4683; Code 1932, § 8809; T.C.A. (orig. ed.), § 20-1315.
Tenn. Code Ann. § 20-17-104 — TN Code / Title 20 / Chapter 17 / Section 20-17-104
Petition to dismiss legal action filed in response to party's exercise of the right of free speech, right to petition, or right of association - Response - Stay of discovery
Status: in_force

(a) If a legal action is filed in response to a party's exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action. (b) Such a petition may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court's discretion, at any later time that the court deems proper. (c) A response to the petition, including any opposing affidavits, may be served and filed by the opposing party no less than five (5) days before the hearing or, in the court's discretion, at any earlier time that the court deems proper. (d) All discovery in the legal action is stayed upon the filing of a petition under this section. The stay of discovery remains in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
(a) If a legal action is filed in response to a party's exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action.
(b) Such a petition may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court's discretion, at any later time that the court deems proper.
(c) A response to the petition, including any opposing affidavits, may be served and filed by the opposing party no less than five (5) days before the hearing or, in the court's discretion, at any earlier time that the court deems proper.
(d) All discovery in the legal action is stayed upon the filing of a petition under this section. The stay of discovery remains in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-14-108 — TN Code / Title 20 / Chapter 14 / Section 20-14-108
Construction of chapter
Status: in_force

Nothing in this chapter shall be construed as expanding, diminishing, altering or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons. Nothing in this chapter shall be construed to prohibit an employer or employee from pursuing any other civil or criminal remedy provided by law. Acts 2002, ch. 541, § 9.
Nothing in this chapter shall be construed as expanding, diminishing, altering or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons. Nothing in this chapter shall be construed to prohibit an employer or employee from pursuing any other civil or criminal remedy provided by law.
Acts 2002, ch. 541, § 9.
Tenn. Code Ann. § 20-8-106 — TN Code / Title 20 / Chapter 8 / Section 20-8-106
Time for trial of cases involving state
Status: in_force

The trial judge of any of the courts of law or equity shall appoint any time that the judge deems proper for the trial of any civil cause in which the state is a party in interest, directly or in any other way. The cause may be so specifically set for trial, without reference to its relative position on the docket. Acts 1867-1868, ch. 67, §§ 6, 7; Shan., §§ 4669, 4670; mod. Code 1932, §§ 8797, 8798; T.C.A. (orig. ed.), § 20-1212.
The trial judge of any of the courts of law or equity shall appoint any time that the judge deems proper for the trial of any civil cause in which the state is a party in interest, directly or in any other way. The cause may be so specifically set for trial, without reference to its relative position on the docket.
Acts 1867-1868, ch. 67, §§ 6, 7; Shan., §§ 4669, 4670; mod. Code 1932, §§ 8797, 8798; T.C.A. (orig. ed.), § 20-1212.
Tenn. Code Ann. § 20-13-110 — TN Code / Title 20 / Chapter 13 / Section 20-13-110
Venue for real property lien action against state
Status: in_force

Venue for any suit against the state relative to a lien on real property shall be in the county in which the property is located. Acts 1986, ch. 799, § 1.
Venue for any suit against the state relative to a lien on real property shall be in the county in which the property is located.
Acts 1986, ch. 799, § 1.
Tenn. Code Ann. § 20-13-204 — TN Code / Title 20 / Chapter 13 / Section 20-13-204
Review of Tennessee opioid abatement council
Status: in_force

The Tennessee opioid abatement council established pursuant to § 33-11-103 must be reviewed in accordance with §§ 4-29-118(a) and 4-29-244(b) . Added by 2021 Tenn. Acts, ch. 491, s 20, eff. 5/24/2021.
The Tennessee opioid abatement council established pursuant to § 33-11-103 must be reviewed in accordance with §§ 4-29-118(a) and 4-29-244(b) .
Added by 2021 Tenn. Acts, ch. 491, s 20, eff. 5/24/2021.
Tenn. Code Ann. § 20-11-104 — TN Code / Title 20 / Chapter 11 / Section 20-11-104
§ 20-11-104
Status: in_force

If an original process, pleading or paper in a cause is lost or withheld by any person, the court may, at any stage of the suit, authorize its place to be supplied by a copy to be used instead of the original.
Tenn. Code Ann. § 20-2-106 — TN Code / Title 20 / Chapter 2 / Section 20-2-106
Process on Sunday generally prohibited
Status: in_force

With the exceptions contained in §§ 20-2-104 and 20-2-105 , civil process shall not be executed on Sunday. Code 1858, § 2827 (deriv. Acts 1777 (Nov.), ch. 8, § 6); Acts 1885, ch. 53, § 1; Shan., § 4533; Code 1932, § 8660; T.C.A. (orig. ed.), § 20-209.
With the exceptions contained in §§ 20-2-104 and 20-2-105 , civil process shall not be executed on Sunday.
Code 1858, § 2827 (deriv. Acts 1777 (Nov.), ch. 8, § 6); Acts 1885, ch. 53, § 1; Shan., § 4533; Code 1932, § 8660; T.C.A. (orig. ed.), § 20-209.
Tenn. Code Ann. § 20-1-114 — TN Code / Title 20 / Chapter 1 / Section 20-1-114
Addition of parties
Status: in_force

(a) At any time before trial, new plaintiffs or defendants may be added to the suit by the plaintiff, upon supplemental process taken out and served or appearance entered. (b) If added at the appearance term, it may be done without costs; if at any subsequent term, on such terms as to costs and conditions as the court may prescribe, so as to prevent delay. Code 1858, § 2798 (deriv. Acts 1851-1852, ch. 152, § 6); Shan., §4495; mod. Code 1932, § 8622; T.C.A. (orig. ed.), § 20-115.
(a) At any time before trial, new plaintiffs or defendants may be added to the suit by the plaintiff, upon supplemental process taken out and served or appearance entered.
(b) If added at the appearance term, it may be done without costs; if at any subsequent term, on such terms as to costs and conditions as the court may prescribe, so as to prevent delay.
Code 1858, § 2798 (deriv. Acts 1851-1852, ch. 152, § 6); Shan., §4495; mod. Code 1932, § 8622; T.C.A. (orig. ed.), § 20-115.
Tenn. Code Ann. § 20-9-505 — TN Code / Title 20 / Chapter 9 / Section 20-9-505
Verdict for part of property
Status: in_force

If, on an issue embracing several articles, the verdict is for part only, it is not error, but the title or claim to those articles omitted is barred. Code 1858, § 4249; Shan., § 6087; Code 1932, § 10345; T.C.A. (orig. ed.), § 20-1320.
If, on an issue embracing several articles, the verdict is for part only, it is not error, but the title or claim to those articles omitted is barred.
Code 1858, § 4249; Shan., § 6087; Code 1932, § 10345; T.C.A. (orig. ed.), § 20-1320.
Tenn. Code Ann. § 20-9-202 — TN Code / Title 20 / Chapter 9 / Section 20-9-202
Delays in trial - Other business
Status: in_force

Pending the trial of any cause in any court at intervals in which jurors are being summoned, or the progress of the trial is otherwise delayed, the court may proceed with the other business of the court, but so as not to delay the cause on trial. Acts 1870, ch. 20, § 1; Shan., § 4685; Code 1932, § 8812; T.C.A. (orig. ed.), § 20-1308.
Pending the trial of any cause in any court at intervals in which jurors are being summoned, or the progress of the trial is otherwise delayed, the court may proceed with the other business of the court, but so as not to delay the cause on trial.
Acts 1870, ch. 20, § 1; Shan., § 4685; Code 1932, § 8812; T.C.A. (orig. ed.), § 20-1308.
Tenn. Code Ann. § 20-9-611 — TN Code / Title 20 / Chapter 9 / Section 20-9-611
Fees for licensure
Status: in_force

The fees for licensure pursuant to this part shall be established by the board and shall cover a two-year period from the date of issuance or renewal of the license. All licenses shall expire June 30 in the year of expiration and all renewals will be effective July 1; provided, however, an initial license not issued on July 1 shall be valid from the date of issuance until June 30 of the second year from the June 30 preceding the date of issuance. All moneys collected pursuant to this part shall be deposited into the board of court reporting fund. All expenses incurred by the board in implementing and administering this part shall be paid out of the fund; provided, that the expenses of the board shall not be in excess of the moneys in the fund. The board may charge and collect the following fees, which shall be deposited into the fund: (1) An application fee for a temporary or regular license; (2) An examination fee, if applicable; (3) A renewal fee for a temporary or regular license; however, if the initial license was held for less than one (1) year, then the renewal fee is reduced by fifty percent (50%); (4) A reinstatement fee for any application for reinstatement of a temporary or regular license that has been revoked or suspended; and (5) A late renewal fee for the renewal of a license after the due date, which shall be payment of the renewal fee plus a penalty as set by the board for each month that elapses before payment is tendered; provided, however, that delinquency of more than six (6) months shall result in revocation of licensure. Amended by 2021 Tenn. Acts, ch. 549, s 2, eff. 10/1/2021. Amended by 2021 Tenn. Acts, ch. 549, s 1, eff. 10/1/2021. Acts 2009 , ch. 450, § 1; 2010 , ch. 1123, § 4.
The fees for licensure pursuant to this part shall be established by the board and shall cover a two-year period from the date of issuance or renewal of the license. All licenses shall expire June 30 in the year of expiration and all renewals will be effective July 1; provided, however, an initial license not issued on July 1 shall be valid from the date of issuance until June 30 of the second year from the June 30 preceding the date of issuance. All moneys collected pursuant to this part shall be deposited into the board of court reporting fund. All expenses incurred by the board in implementing and administering this part shall be paid out of the fund; provided, that the expenses of the board shall not be in excess of the moneys in the fund. The board may charge and collect the following fees, which shall be deposited into the fund:
(1) An application fee for a temporary or regular license;
(2) An examination fee, if applicable;
(3) A renewal fee for a temporary or regular license; however, if the initial license was held for less than one (1) year, then the renewal fee is reduced by fifty percent (50%);
(4) A reinstatement fee for any application for reinstatement of a temporary or regular license that has been revoked or suspended; and
(5) A late renewal fee for the renewal of a license after the due date, which shall be payment of the renewal fee plus a penalty as set by the board for each month that elapses before payment is tendered; provided, however, that delinquency of more than six (6) months shall result in revocation of licensure.
Amended by 2021 Tenn. Acts, ch. 549, s 2, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 1, eff. 10/1/2021.
Acts 2009 , ch. 450, § 1; 2010 , ch. 1123, § 4.
Tenn. Code Ann. § 20-15-102 — TN Code / Title 20 / Chapter 15 / Section 20-15-102
Public policy
Status: in_force

It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution or any statute or decision under those constitutions. Acts 2010, ch. 983, § 2.
It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution or any statute or decision under those constitutions.
Acts 2010, ch. 983, § 2.
Tenn. Code Ann. § 20-12-128 — TN Code / Title 20 / Chapter 12 / Section 20-12-128
Guardian's or conservator's oath - Protection from liability
Status: in_force

(a) The next friend or any person who has been appointed by any court guardian, guardian ad litem or conservator of any person adjudicated incompetent or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, guardian, guardian ad litem or conservator has no property of the person adjudicated incompetent or infant, out of which to bear the expense of such action, and that the next friend, guardian, guardian ad litem or conservator verily believes that such person adjudicated incompetent or infant is justly entitled to the redress sought. The next friend or person may also file an accompanying affidavit of indigency as prescribed by court rule. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs and taxes, but merely suspends their collection until taxed by the court. (b) The guardian, guardian ad litem or conservator shall not incur any personal liability for such action, unless the court finds that the step was not taken in good faith. Acts 1871, ch. 111, § 1; 1907, ch. 25, § 1; Shan., § 4929; Acts 1929, ch. 19, § 1; mod. Code 1932, § 9081; T.C.A. (orig. ed.), § 20-1630; Acts 1995, ch. 242, §2; 2011 , ch. 47, § 15.
(a) The next friend or any person who has been appointed by any court guardian, guardian ad litem or conservator of any person adjudicated incompetent or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, guardian, guardian ad litem or conservator has no property of the person adjudicated incompetent or infant, out of which to bear the expense of such action, and that the next friend, guardian, guardian ad litem or conservator verily believes that such person adjudicated incompetent or infant is justly entitled to the redress sought. The next friend or person may also file an accompanying affidavit of indigency as prescribed by court rule. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs and taxes, but merely suspends their collection until taxed by the court.
(b) The guardian, guardian ad litem or conservator shall not incur any personal liability for such action, unless the court finds that the step was not taken in good faith.
Acts 1871, ch. 111, § 1; 1907, ch. 25, § 1; Shan., § 4929; Acts 1929, ch. 19, § 1; mod. Code 1932, § 9081; T.C.A. (orig. ed.), § 20-1630; Acts 1995, ch. 242, §2; 2011 , ch. 47, § 15.
Tenn. Code Ann. § 20-4-108 — TN Code / Title 20 / Chapter 4 / Section 20-4-108
Construction
Status: in_force

Nothing in this part shall be construed to repeal or modify any other specific or special venue provision of state law. Acts 2011, ch. 510, § 6.
Nothing in this part shall be construed to repeal or modify any other specific or special venue provision of state law.
Acts 2011, ch. 510, § 6.
Tenn. Code Ann. § 20-14-105 — TN Code / Title 20 / Chapter 14 / Section 20-14-105
Hearing on petition - Response - Relevant testimony - Duration of injunction - Renewal of injunction
Status: in_force

Within ten (10) days of the filing of the petition under this chapter or as soon as practical thereafter, but in no case later than thirty (30) days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the thirty-day period, it shall be scheduled and heard as soon as possible. The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this chapter. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall be issued prohibiting further unlawful violence or threats of violence at the workplace or while the employee or employer is acting within the course and scope of employment. An injunction issued pursuant to this chapter shall have a duration of not more than three (3) years. At any time within the three-month period before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this chapter. Acts 2002, ch. 541, §6; 2011 , ch. 315, § 5.
Within ten (10) days of the filing of the petition under this chapter or as soon as practical thereafter, but in no case later than thirty (30) days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the thirty-day period, it shall be scheduled and heard as soon as possible. The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this chapter. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall be issued prohibiting further unlawful violence or threats of violence at the workplace or while the employee or employer is acting within the course and scope of employment. An injunction issued pursuant to this chapter shall have a duration of not more than three (3) years. At any time within the three-month period before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this chapter.
Acts 2002, ch. 541, §6; 2011 , ch. 315, § 5.
Tenn. Code Ann. § 20-1-107 — TN Code / Title 20 / Chapter 1 / Section 20-1-107
Several liability on joint obligations
Status: in_force

All joint obligations and promises are made joint and several, and the debt or obligation shall survive against the heirs and personal representatives of deceased obligors as well as against the survivors, and suits may be brought and prosecuted on the obligations and promises against all or any part of the original obligors, and all or any part of the representatives of deceased obligors, as if such obligations and assumptions were joint and several. Code 1858, § 2789 (deriv. Acts 1789, ch. 57, § 5); Shan., § 4486; Code 1932, § 8613; T.C.A. (orig. ed.), § 20-108.
All joint obligations and promises are made joint and several, and the debt or obligation shall survive against the heirs and personal representatives of deceased obligors as well as against the survivors, and suits may be brought and prosecuted on the obligations and promises against all or any part of the original obligors, and all or any part of the representatives of deceased obligors, as if such obligations and assumptions were joint and several.
Code 1858, § 2789 (deriv. Acts 1789, ch. 57, § 5); Shan., § 4486; Code 1932, § 8613; T.C.A. (orig. ed.), § 20-108.
Tenn. Code Ann. § 20-2-205 — TN Code / Title 20 / Chapter 2 / Section 20-2-205
Service on secretary of state
Status: in_force

(a) Service of process under § 20-2-203 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made. (b) In case it appears, either before or after the lodging of process, as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue, directed to the personal representative of the nonresident deceased and shall be sent, as provided in subsection (a), to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-206 for the service upon living persons. (c) The fee of twenty dollars ($20.00) so paid by the plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment. (d) In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, the refusal shall be deemed the equivalent of delivery and adequately constitutes service. (e) Acceptance of the registered or certified mail by any member of the addressee's family, over sixteen (16) years of age and residing in the same dwelling with the addressee, shall constitute a sufficient delivery of the mail to the addressee. Code 1932, §§ 8672, 8675; Acts 1949, ch. 47, § 3; C. Supp. 1950, § 8672; Acts 1955, ch. 265, § 2; 1971, ch. 332, § 1; 1980, ch. 656, §§ 1, 2; T.C.A. (orig. ed.), § 20-226; Acts 1998, ch. 890, § 7.
(a) Service of process under § 20-2-203 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
(b) In case it appears, either before or after the lodging of process, as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue, directed to the personal representative of the nonresident deceased and shall be sent, as provided in subsection (a), to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-206 for the service upon living persons.
(c) The fee of twenty dollars ($20.00) so paid by the plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
(d) In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, the refusal shall be deemed the equivalent of delivery and adequately constitutes service.
(e) Acceptance of the registered or certified mail by any member of the addressee's family, over sixteen (16) years of age and residing in the same dwelling with the addressee, shall constitute a sufficient delivery of the mail to the addressee.
Code 1932, §§ 8672, 8675; Acts 1949, ch. 47, § 3; C. Supp. 1950, § 8672; Acts 1955, ch. 265, § 2; 1971, ch. 332, § 1; 1980, ch. 656, §§ 1, 2; T.C.A. (orig. ed.), § 20-226; Acts 1998, ch. 890, § 7.
Tenn. Code Ann. § 20-1-118 — TN Code / Title 20 / Chapter 1 / Section 20-1-118
Default judgment against levying officer
Status: in_force

Upon written notice from the levying officer being served upon the party at whose instance the process issued, stating the nature of the suit, the court in which it is pending, and demanding that the party come into court and be substituted in the place of the officer, and stating the day upon which the application for substitution shall be made, if the party does not appear and become substituted in the officer's place, the officer may permit judgment to go by default against the officer or make defense. Acts 1859-1860, ch. 104, § 2; Shan., § 4499; mod. Code 1932, §8626; T.C.A. (orig. ed.), § 20-119.
Upon written notice from the levying officer being served upon the party at whose instance the process issued, stating the nature of the suit, the court in which it is pending, and demanding that the party come into court and be substituted in the place of the officer, and stating the day upon which the application for substitution shall be made, if the party does not appear and become substituted in the officer's place, the officer may permit judgment to go by default against the officer or make defense.
Acts 1859-1860, ch. 104, § 2; Shan., § 4499; mod. Code 1932, §8626; T.C.A. (orig. ed.), § 20-119.
Tenn. Code Ann. § 20-2-216 — TN Code / Title 20 / Chapter 2 / Section 20-2-216
Proof of mailing by secretary of state and receipt by defendant
Status: in_force

The original process, endorsed as described in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of § 20-2-215 , and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date the secretary of state mailed the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon, service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state. Acts 1965, ch. 67, § 3; T.C.A., § 20-237.
The original process, endorsed as described in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of § 20-2-215 , and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date the secretary of state mailed the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon, service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.
Acts 1965, ch. 67, § 3; T.C.A., § 20-237.
Tenn. Code Ann. § 20-9-614 — TN Code / Title 20 / Chapter 9 / Section 20-9-614
Temporary license upon proof of graduation from court reporting program
Status: in_force

Any person who provides to the board satisfactory proof of graduation from a court reporting program or its equivalent shall, upon application to the board on forms approved by the board and payment of a fee in an amount determined by the board, be issued a temporary license to practice as a court reporter. This temporary license shall expire sixty (60) days following the date upon which the next board-approved examination for licensure is given. No more than three (3) additional temporary licenses shall be issued to any applicant who fails to pass the scheduled examination for licensure. Acts 2009, ch. 450, § 1.
Any person who provides to the board satisfactory proof of graduation from a court reporting program or its equivalent shall, upon application to the board on forms approved by the board and payment of a fee in an amount determined by the board, be issued a temporary license to practice as a court reporter. This temporary license shall expire sixty (60) days following the date upon which the next board-approved examination for licensure is given. No more than three (3) additional temporary licenses shall be issued to any applicant who fails to pass the scheduled examination for licensure.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-11-101 — TN Code / Title 20 / Chapter 11 / Section 20-11-101
§ 20-11-101
Status: in_force

This chapter shall apply to penal and qui tam as well as civil actions.
Tenn. Code Ann. § 20-12-115 — TN Code / Title 20 / Chapter 12 / Section 20-12-115
Actions for overflow of water
Status: in_force

In all suits for the recovery of damages occasioned by the overflowing of water by the erection of a dam for a grist or saw mill or other waterworks of utility, the plaintiff, if successful, shall be entitled to full costs, unless the plaintiff's damages do not exceed five dollars ($5.00), in which case the plaintiff shall not recover more costs than damages. Code 1858, § 3404 (deriv. Acts 1794, ch. 1, § 74; 1851-1852, ch. 146, §1); Shan., § 5159; Code 1932, § 9318; T.C.A. (orig. ed.), § 20-1617.
In all suits for the recovery of damages occasioned by the overflowing of water by the erection of a dam for a grist or saw mill or other waterworks of utility, the plaintiff, if successful, shall be entitled to full costs, unless the plaintiff's damages do not exceed five dollars ($5.00), in which case the plaintiff shall not recover more costs than damages.
Code 1858, § 3404 (deriv. Acts 1794, ch. 1, § 74; 1851-1852, ch. 146, §1); Shan., § 5159; Code 1932, § 9318; T.C.A. (orig. ed.), § 20-1617.
Tenn. Code Ann. § 20-3-105 — TN Code / Title 20 / Chapter 3 / Section 20-3-105
Lien on real estate
Status: in_force

(a) When any person in a court of record seeks to fix a lien lis pendens on real estate, or any interest in real estate, and the court in furtherance of the lien issues a restraining order, the restraining order shall be valid for ninety (90) days only unless: (1) The court orders a longer period of time to apply; or (2) Bond is given for the value of the property involved by the party seeking the order. (b) The abstract filed in the register's office pursuant to this part shall contain information relevant to any restraining order and the duration of the restraining order. Acts 1983, ch. 105, § 1.
(a) When any person in a court of record seeks to fix a lien lis pendens on real estate, or any interest in real estate, and the court in furtherance of the lien issues a restraining order, the restraining order shall be valid for ninety (90) days only unless: (1) The court orders a longer period of time to apply; or (2) Bond is given for the value of the property involved by the party seeking the order.
(1) The court orders a longer period of time to apply; or
(2) Bond is given for the value of the property involved by the party seeking the order.
(b) The abstract filed in the register's office pursuant to this part shall contain information relevant to any restraining order and the duration of the restraining order.
Acts 1983, ch. 105, § 1.
Tenn. Code Ann. § 20-12-116 — TN Code / Title 20 / Chapter 12 / Section 20-12-116
Usury
Status: in_force

If it appears in the action that usurious interest has been intentionally taken or reserved, the person taking or reserving such usury shall pay full costs. Code 1858, § 3205; Shan., § 4947; Code 1932, § 9100; T.C.A. (orig. ed.), § 20-1618.
If it appears in the action that usurious interest has been intentionally taken or reserved, the person taking or reserving such usury shall pay full costs.
Code 1858, § 3205; Shan., § 4947; Code 1932, § 9100; T.C.A. (orig. ed.), § 20-1618.
Tenn. Code Ann. § 20-2-211 — TN Code / Title 20 / Chapter 2 / Section 20-2-211
Manner of service on secretary of state
Status: in_force

The manner of service of process under §§ 20-2-209 , 20-2-210 , this section and §§ 20-2-212 and 20-2-213 shall be the same as is provided by § 20-2-205 , and the manner of evidencing such service through the secretary of state shall be the same as provided in § 20-2-206 . Acts 1961, ch. 246, § 3; T.C.A., 20-232.
The manner of service of process under §§ 20-2-209 , 20-2-210 , this section and §§ 20-2-212 and 20-2-213 shall be the same as is provided by § 20-2-205 , and the manner of evidencing such service through the secretary of state shall be the same as provided in § 20-2-206 .
Acts 1961, ch. 246, § 3; T.C.A., 20-232.
Tenn. Code Ann. § 20-2-220 — TN Code / Title 20 / Chapter 2 / Section 20-2-220
Authority of deputy and assistant secretaries of state
Status: in_force

An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf under this part shall be deemed the equivalent of the act of the secretary of state; provided, that the deputy or assistant signs the name of the secretary of state by the secretary of state as the deputy or assistant so that the record will show the party acting for the secretary of state and that such party was a deputy of or regular assistant to the secretary of state. Acts 1967, ch. 191, § 1; T.C.A., § 20-241.
An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf under this part shall be deemed the equivalent of the act of the secretary of state; provided, that the deputy or assistant signs the name of the secretary of state by the secretary of state as the deputy or assistant so that the record will show the party acting for the secretary of state and that such party was a deputy of or regular assistant to the secretary of state.
Acts 1967, ch. 191, § 1; T.C.A., § 20-241.
Tenn. Code Ann. § 20-1-109 — TN Code / Title 20 / Chapter 1 / Section 20-1-109
Action in name used in instrument
Status: in_force

Suit may be brought by or against any of the parties to a written instrument on which the action is founded, by the name and description used in the instrument. Code 1858, § 2788; Shan., § 4485; Code 1932, § 8612; T.C.A. (orig. ed.), § 20-110.
Suit may be brought by or against any of the parties to a written instrument on which the action is founded, by the name and description used in the instrument.
Code 1858, § 2788; Shan., § 4485; Code 1932, § 8612; T.C.A. (orig. ed.), § 20-110.
Tenn. Code Ann. § 20-13-201 — TN Code / Title 20 / Chapter 13 / Section 20-13-201
Legislative findings and declarations
Status: in_force

The general assembly finds and declares the following: (1) The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state; (2) The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources; (3) It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and (4) A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities. Added by 2021 Tenn. Acts, ch. 491,s 17, eff. 5/24/2021.
The general assembly finds and declares the following:
(1) The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state;
(2) The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources;
(3) It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and
(4) A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities.
Added by 2021 Tenn. Acts, ch. 491,s 17, eff. 5/24/2021.
Tenn. Code Ann. § 20-2-217 — TN Code / Title 20 / Chapter 2 / Section 20-2-217
Extraterritorial personal service - Proof
Status: in_force

(a) In addition to service of process on the secretary of state as set forth in this part, personal service of process may be made upon any party outside the state by any person over eighteen (18) years of age and not a party to the action. No order of court shall be required to constitute such person a proper officer to receive and execute the process. (b) An affidavit of the person serving the process shall be filed with the clerk of the court in which the action is pending, stating the time, manner and place of service. Acts 1965, ch. 67, § 4; 1979, ch. 418, § 2; T.C.A., § 20-238.
(a) In addition to service of process on the secretary of state as set forth in this part, personal service of process may be made upon any party outside the state by any person over eighteen (18) years of age and not a party to the action. No order of court shall be required to constitute such person a proper officer to receive and execute the process.
(b) An affidavit of the person serving the process shall be filed with the clerk of the court in which the action is pending, stating the time, manner and place of service.
Acts 1965, ch. 67, § 4; 1979, ch. 418, § 2; T.C.A., § 20-238.
Tenn. Code Ann. § 20-15-101 — TN Code / Title 20 / Chapter 15 / Section 20-15-101
Chapter definition
Status: in_force

As used in this chapter, "foreign law, legal code, or system" means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals. Acts 2010, ch. 983, § 1.
As used in this chapter, "foreign law, legal code, or system" means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.
Acts 2010, ch. 983, § 1.
Tenn. Code Ann. § 20-12-112 — TN Code / Title 20 / Chapter 12 / Section 20-12-112
Jurisdictional defects - Irregular transfer
Status: in_force

Where a suit is dismissed from any court for want of jurisdiction or because it has not been regularly transferred from an inferior to a superior court, the costs shall be adjudged against the party attempting to institute or bring up the cause. Code 1858, § 3215 (deriv. Acts 1832, ch. 5); Shan., § 4957; Code 1932, § 9110; T.C.A. (orig. ed.), § 20-1612.
Where a suit is dismissed from any court for want of jurisdiction or because it has not been regularly transferred from an inferior to a superior court, the costs shall be adjudged against the party attempting to institute or bring up the cause.
Code 1858, § 3215 (deriv. Acts 1832, ch. 5); Shan., § 4957; Code 1932, § 9110; T.C.A. (orig. ed.), § 20-1612.
Tenn. Code Ann. § 20-12-109 — TN Code / Title 20 / Chapter 12 / Section 20-12-109
Charged against real plaintiff
Status: in_force

Where suit is brought in the name of one for the use of another, the person for whose use the action is brought is the real plaintiff, against whom judgment for costs shall be given. Code 1858, § 3200 (deriv. Acts 1825, ch. 29, § 1; 1825, ch. 45, § 5); Shan., § 4941; Code 1932, § 9094; T.C.A. (orig. ed.), § 20-1609.
Where suit is brought in the name of one for the use of another, the person for whose use the action is brought is the real plaintiff, against whom judgment for costs shall be given.
Code 1858, § 3200 (deriv. Acts 1825, ch. 29, § 1; 1825, ch. 45, § 5); Shan., § 4941; Code 1932, § 9094; T.C.A. (orig. ed.), § 20-1609.
Tenn. Code Ann. § 20-6-301 — TN Code / Title 20 / Chapter 6 / Section 20-6-301
Claims for contractual attorney fees
Status: in_force

(a) If a plaintiff voluntarily dismisses an action while a counterclaim is pending for contractual attorney fees, and if the plaintiff does not timely recommence the action, the court, upon proper showing, may order that the counter claimant is the prevailing party for the purpose of recovering contractual attorney fees. (b) This section shall only apply if the contract clause providing for attorney fees applies equally to all parties to the contract.
(a) If a plaintiff voluntarily dismisses an action while a counterclaim is pending for contractual attorney fees, and if the plaintiff does not timely recommence the action, the court, upon proper showing, may order that the counter claimant is the prevailing party for the purpose of recovering contractual attorney fees.
(b) This section shall only apply if the contract clause providing for attorney fees applies equally to all parties to the contract.
Tenn. Code Ann. § 20-12-120 — TN Code / Title 20 / Chapter 12 / Section 20-12-120
Security given by plaintiff
Status: in_force

No leading process shall issue from any court without security being given by the party at whose instance the action is brought for the successful prosecution of the party's action, and, in case of failure, for the payment of court costs and taxes that may be awarded against the party, unless in cases and instances specially excepted. Code 1858, § 3187 (deriv. Acts 1787, ch. 19, § 1); Shan., §4923; mod. Code 1932, § 9075; T.C.A. (orig. ed.), § 20-1622; Acts 1994, ch. 967, § 1; 1999, ch. 191, § 1.
No leading process shall issue from any court without security being given by the party at whose instance the action is brought for the successful prosecution of the party's action, and, in case of failure, for the payment of court costs and taxes that may be awarded against the party, unless in cases and instances specially excepted.
Code 1858, § 3187 (deriv. Acts 1787, ch. 19, § 1); Shan., §4923; mod. Code 1932, § 9075; T.C.A. (orig. ed.), § 20-1622; Acts 1994, ch. 967, § 1; 1999, ch. 191, § 1.
Tenn. Code Ann. § 20-2-104 — TN Code / Title 20 / Chapter 2 / Section 20-2-104
Issuance of process on Sunday
Status: in_force

(a) Civil process may be issued on Sundays on the application of any party, supported by oath or affirmation, that the defendant is removing or about to remove the defendant's person or property beyond the jurisdiction of the court applied to. (b) The clerk or general sessions judge shall endorse on the back of the process that it was obtained on the oath of the plaintiff, the plaintiff's agent or attorney, as directed in subsection (a). (c) It is the duty of the proper officers to execute all such process on Sundays, subject to the same penalties and regulations as in other cases. Code 1858, §§ 2824-2826 (deriv. Acts 1821, ch. 1, §§ 1-3); Shan., §§ 4529-4531; Code 1932, §§ 8656-8658; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-207.
(a) Civil process may be issued on Sundays on the application of any party, supported by oath or affirmation, that the defendant is removing or about to remove the defendant's person or property beyond the jurisdiction of the court applied to.
(b) The clerk or general sessions judge shall endorse on the back of the process that it was obtained on the oath of the plaintiff, the plaintiff's agent or attorney, as directed in subsection (a).
(c) It is the duty of the proper officers to execute all such process on Sundays, subject to the same penalties and regulations as in other cases.
Code 1858, §§ 2824-2826 (deriv. Acts 1821, ch. 1, §§ 1-3); Shan., §§ 4529-4531; Code 1932, §§ 8656-8658; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-207.
Tenn. Code Ann. § 20-9-601 — TN Code / Title 20 / Chapter 9 / Section 20-9-601
Short title - Legislative findings and declarations
Status: in_force

(a) This part shall be known and may be cited as the "Tennessee Court Reporter Act of 2009." (b) The general assembly finds and declares that it is the policy of the state to promote the skill, art and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This part is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters. The examination, licensing and supervision of the conduct and proficiency of court reporters are integrally related to the effective, impartial and prompt operation of the judicial system of the state. Acts 2009, ch. 450, § 1.
(a) This part shall be known and may be cited as the "Tennessee Court Reporter Act of 2009."
(b) The general assembly finds and declares that it is the policy of the state to promote the skill, art and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This part is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters. The examination, licensing and supervision of the conduct and proficiency of court reporters are integrally related to the effective, impartial and prompt operation of the judicial system of the state.
Acts 2009, ch. 450, § 1.
Tenn. Code Ann. § 20-1-113 — TN Code / Title 20 / Chapter 1 / Section 20-1-113
Separate judgments against executors
Status: in_force

The same proceedings may be taken on judgments rendered in such separate suits, to subject the defendants for waste of assets or to subject real estate descended to heirs, as when all the executors or administrators are sued. Code 1858, § 2794 (deriv. Acts 1826, ch. 38, § 2); Shan., § 4491; Code 1932, § 8618; T.C.A. (orig. ed.), § 20-114.
The same proceedings may be taken on judgments rendered in such separate suits, to subject the defendants for waste of assets or to subject real estate descended to heirs, as when all the executors or administrators are sued.
Code 1858, § 2794 (deriv. Acts 1826, ch. 38, § 2); Shan., § 4491; Code 1932, § 8618; T.C.A. (orig. ed.), § 20-114.
Tenn. Code Ann. § 20-5-116 — TN Code / Title 20 / Chapter 5 / Section 20-5-116
Party substituted in revivor
Status: in_force

Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent's place in the subject matter of the litigation. Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1; 1794, ch. 1, § 64; 1809 (Sept.), ch. 121, § 3); Shan., § 4579; Code 1932, §8704; T.C.A. (orig. ed.), § 20-618.
Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent's place in the subject matter of the litigation.
Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1; 1794, ch. 1, § 64; 1809 (Sept.), ch. 121, § 3); Shan., § 4579; Code 1932, §8704; T.C.A. (orig. ed.), § 20-618.
Tenn. Code Ann. § 20-5-104 — TN Code / Title 20 / Chapter 5 / Section 20-5-104
Revival by or against heirs
Status: in_force

If no person will administer on the estate of a deceased plaintiff or defendant, the suit may be revived by or against the heirs of the decedent. Code 1858, § 2849 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., §4571; Code 1932, § 8696; T.C.A. (orig. ed.), § 20-605.
If no person will administer on the estate of a deceased plaintiff or defendant, the suit may be revived by or against the heirs of the decedent.
Code 1858, § 2849 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., §4571; Code 1932, § 8696; T.C.A. (orig. ed.), § 20-605.
Tenn. Code Ann. § 20-4-102 — TN Code / Title 20 / Chapter 4 / Section 20-4-102
District in which tort arose
Status: in_force

When the plaintiff and defendant are both residents of the same county but reside in different districts within the venue of separate courts, a tort action may be brought in the court within the venue of the district where the cause of action arose, and the process may be served in other districts in the county not within the venue of the court. Acts 1953, ch. 34, §§ 3, 4 (Williams, §§ 8641.3, 8641.4); T.C.A. (orig. ed.), § 20-403; Acts 2011 , ch. 510, § 4.
When the plaintiff and defendant are both residents of the same county but reside in different districts within the venue of separate courts, a tort action may be brought in the court within the venue of the district where the cause of action arose, and the process may be served in other districts in the county not within the venue of the court.
Acts 1953, ch. 34, §§ 3, 4 (Williams, §§ 8641.3, 8641.4); T.C.A. (orig. ed.), § 20-403; Acts 2011 , ch. 510, § 4.
Tenn. Code Ann. § 20-9-201 — TN Code / Title 20 / Chapter 9 / Section 20-9-201
Calling names of jurors
Status: in_force

In all civil causes, before the jury is sworn, the clerk shall call over the names of the jury in the panel, in the presence and hearing of the parties and their counsel. Code 1858, § 2961 (deriv. Acts 1803, ch. 2, § 5); Shan., § 4686; Code 1932, § 8813; T.C.A. (orig. ed.), § 20-1307.
In all civil causes, before the jury is sworn, the clerk shall call over the names of the jury in the panel, in the presence and hearing of the parties and their counsel.
Code 1858, § 2961 (deriv. Acts 1803, ch. 2, § 5); Shan., § 4686; Code 1932, § 8813; T.C.A. (orig. ed.), § 20-1307.
Tenn. Code Ann. § 20-9-616 — TN Code / Title 20 / Chapter 9 / Section 20-9-616
Disposition and disbursement of moneys collected - Budget - Contracting for services
Status: in_force

(a) Notwithstanding any other law to the contrary, all moneys collected pursuant to this part shall be deposited in the state treasury in a separate fund to be known as the Tennessee board of court reporting fund. (b) Disbursements from this fund shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part. (c) No such expenses shall be payable from the general fund of the state; except for the initial expenses of the board prior to the collection of licensure fees sufficient to defray such expenses. (d) Any part of the Tennessee board of court reporting fund remaining at the end of a fiscal year shall not revert to the general fund of the state, but shall be carried forward until expended in accordance with this part. (e) The board shall budget annually, in advance, its expenditures for programs, services, allocated overhead or chargebacks and other normal operating expenses as determined by the board. These expenditures so established shall be budgeted at the beginning of the fiscal year by the board, not to exceed the fees to be received by the board, including the excesses accumulated in the fund of the board. The commissioner of finance and administration shall inform the board annually, in advance for budgeting purposes, of the allocation of all overhead or chargebacks to the board. (f) Subject to approval of the comptroller of the treasury and the commissioner of finance and administration, the board may also contract for services to carry out this part. Acts 2009, ch. 450, § 1; 2010, ch. 1123, § 8.
(a) Notwithstanding any other law to the contrary, all moneys collected pursuant to this part shall be deposited in the state treasury in a separate fund to be known as the Tennessee board of court reporting fund.
(b) Disbursements from this fund shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part.
(c) No such expenses shall be payable from the general fund of the state; except for the initial expenses of the board prior to the collection of licensure fees sufficient to defray such expenses.
(d) Any part of the Tennessee board of court reporting fund remaining at the end of a fiscal year shall not revert to the general fund of the state, but shall be carried forward until expended in accordance with this part.
(e) The board shall budget annually, in advance, its expenditures for programs, services, allocated overhead or chargebacks and other normal operating expenses as determined by the board. These expenditures so established shall be budgeted at the beginning of the fiscal year by the board, not to exceed the fees to be received by the board, including the excesses accumulated in the fund of the board. The commissioner of finance and administration shall inform the board annually, in advance for budgeting purposes, of the allocation of all overhead or chargebacks to the board.
(f) Subject to approval of the comptroller of the treasury and the commissioner of finance and administration, the board may also contract for services to carry out this part.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, § 8.
Tenn. Code Ann. § 20-2-226 — TN Code / Title 20 / Chapter 2 / Section 20-2-226
Service on the secretary of state-Collection of fee
Status: in_force

The secretary of state shall collect a fee of twenty dollars ($20.00) each time process is served on the secretary of state under this chapter, or pursuant to the convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, November 15, 1965, commonly referred to as "The Hague Convention." The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding. Acts 1998, ch. 890, § 8.
The secretary of state shall collect a fee of twenty dollars ($20.00) each time process is served on the secretary of state under this chapter, or pursuant to the convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, November 15, 1965, commonly referred to as "The Hague Convention." The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding.
Acts 1998, ch. 890, § 8.
Tenn. Code Ann. § 20-2-102 — TN Code / Title 20 / Chapter 2 / Section 20-2-102
Security for costs and damages
Status: in_force

The general sessions judge may, and the clerk shall, before issuing the summons or other leading process, require the plaintiff to enter into bond, with sufficient surety, conditioned to prosecute the plaintiff's suit with effect, or to pay such costs and damages as may be awarded against the plaintiff by the court having cognizance thereof, unless the plaintiff sue in forma pauperis. Code 1858, § 2818 (deriv. Acts 1787, ch. 19, § 1); Shan., § 4523; Code 1932, § 8650; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-205.
The general sessions judge may, and the clerk shall, before issuing the summons or other leading process, require the plaintiff to enter into bond, with sufficient surety, conditioned to prosecute the plaintiff's suit with effect, or to pay such costs and damages as may be awarded against the plaintiff by the court having cognizance thereof, unless the plaintiff sue in forma pauperis.
Code 1858, § 2818 (deriv. Acts 1787, ch. 19, § 1); Shan., § 4523; Code 1932, § 8650; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-205.
Tenn. Code Ann. § 20-9-103 — TN Code / Title 20 / Chapter 9 / Section 20-9-103
Compensation of court reporter
Status: in_force

The party alone at whose instance the court reporter was employed shall be responsible for the court reporter's compensation for the work done by the court reporter. Acts 1887, ch. 217, § 2; Shan., § 4697; Code 1932, § 8827; T.C.A. (orig. ed.), § 20-1306; Acts 1994, ch. 897, § 1.
The party alone at whose instance the court reporter was employed shall be responsible for the court reporter's compensation for the work done by the court reporter.
Acts 1887, ch. 217, § 2; Shan., § 4697; Code 1932, § 8827; T.C.A. (orig. ed.), § 20-1306; Acts 1994, ch. 897, § 1.
Tenn. Code Ann. § 20-17-108 — TN Code / Title 20 / Chapter 17 / Section 20-17-108
Effect of chapter
Status: in_force

Nothing in this chapter: (1) Applies to an enforcement action that is brought in the name of the state or a political subdivision of this state by the attorney general, a district attorney general, or a county or municipal attorney; (2) Can result in findings or determinations that are admissible in evidence at any later stage of the underlying legal action or in any subsequent legal action; (3) Affects or limits the authority of a court to award sanctions, costs, attorney's fees, or any other relief available under any other statute, court rule, or other authority; (4) Affects, limits, or precludes the right of any party to assert any defense, remedy, immunity, or privilege otherwise authorized by law; (5) Affects the substantive law governing any asserted claim; (6) Creates a private right of action; or (7) Creates any cause of action for any government entity, agency, or employee. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Nothing in this chapter:
(1) Applies to an enforcement action that is brought in the name of the state or a political subdivision of this state by the attorney general, a district attorney general, or a county or municipal attorney;
(2) Can result in findings or determinations that are admissible in evidence at any later stage of the underlying legal action or in any subsequent legal action;
(3) Affects or limits the authority of a court to award sanctions, costs, attorney's fees, or any other relief available under any other statute, court rule, or other authority;
(4) Affects, limits, or precludes the right of any party to assert any defense, remedy, immunity, or privilege otherwise authorized by law;
(5) Affects the substantive law governing any asserted claim;
(6) Creates a private right of action; or
(7) Creates any cause of action for any government entity, agency, or employee.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-9-612 — TN Code / Title 20 / Chapter 9 / Section 20-9-612
License renewal - Continuing education - Notification of change of address
Status: in_force

(a) Each person licensed pursuant to this part shall apply for renewal of the license pursuant to dates established by the board. A renewal fee in an amount determined by the board shall be paid for renewal of the license for a two-year period. (b) The board shall require specific continuing education as a condition for license renewal. In order to maintain licensure, all licensed court reporters and holders of a nonresident certificate will be required to obtain a minimum of two (2.0) continuing education credits over a two-year period in courses approved by the board or in compliance with the continuing education requirements of approved national or state associations. The two-year period will begin on July 1 of the year during which the reporter is initially licensed. No credits may be carried over to the following two-year term. The continuing education requirements described in this subsection (b) are waived in the case of renewals of initial licenses held for less than one (1) year. (c) The board may provide for the late renewal of a license that has lapsed and may require the payment of a late fee or an examination, or both, prior to issuing a renewal license. (d) Licensees shall notify the board in writing of any change of address within thirty (30) days of the change. Amended by 2021 Tenn. Acts, ch. 549, s 3, eff. 10/1/2021. Acts 2009 , ch. 450, § 1.
(a) Each person licensed pursuant to this part shall apply for renewal of the license pursuant to dates established by the board. A renewal fee in an amount determined by the board shall be paid for renewal of the license for a two-year period.
(b) The board shall require specific continuing education as a condition for license renewal. In order to maintain licensure, all licensed court reporters and holders of a nonresident certificate will be required to obtain a minimum of two (2.0) continuing education credits over a two-year period in courses approved by the board or in compliance with the continuing education requirements of approved national or state associations. The two-year period will begin on July 1 of the year during which the reporter is initially licensed. No credits may be carried over to the following two-year term. The continuing education requirements described in this subsection (b) are waived in the case of renewals of initial licenses held for less than one (1) year.
(c) The board may provide for the late renewal of a license that has lapsed and may require the payment of a late fee or an examination, or both, prior to issuing a renewal license.
(d) Licensees shall notify the board in writing of any change of address within thirty (30) days of the change.
Amended by 2021 Tenn. Acts, ch. 549, s 3, eff. 10/1/2021.
Acts 2009 , ch. 450, § 1.
Tenn. Code Ann. § 20-12-101 — TN Code / Title 20 / Chapter 12 / Section 20-12-101
Recovery by successful party
Status: in_force

The successful party in all civil actions is entitled to full costs, unless otherwise directed by law or by a court of record, for which judgment shall be rendered. Code 1858, § 3197 (deriv. Acts 1794, ch. 1, § 74); Shan., §4938; mod. Code 1932, § 9091; T.C.A. (orig. ed.), § 20-1601.
The successful party in all civil actions is entitled to full costs, unless otherwise directed by law or by a court of record, for which judgment shall be rendered.
Code 1858, § 3197 (deriv. Acts 1794, ch. 1, § 74); Shan., §4938; mod. Code 1932, § 9091; T.C.A. (orig. ed.), § 20-1601.
Tenn. Code Ann. § 20-15-106 — TN Code / Title 20 / Chapter 15 / Section 20-15-106
Application to foreseeable violations of constitutional rights from foreign law, legal code or system
Status: in_force

The public policies expressed in this chapter shall apply only to actual or foreseeable violations of the constitutional rights of a natural person in this state from a foreign law, legal code or system. Acts 2010, ch. 983, § 6.
The public policies expressed in this chapter shall apply only to actual or foreseeable violations of the constitutional rights of a natural person in this state from a foreign law, legal code or system.
Acts 2010, ch. 983, § 6.
Tenn. Code Ann. § 20-2-113 — TN Code / Title 20 / Chapter 2 / Section 20-2-113
Long-arm statute - Service upon person in foreign country
Status: in_force

(a) If service is to be effected upon a party in a foreign country, service of the summons and complaint may be made: (1) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; (2) As directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; (3) Upon an individual, by delivery to the individual personally; and upon a corporation, partnership or association, by delivery to an officer or a managing or general agent; (4) By any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (5) As directed by order of the court. (b) Service under subdivision (a)(3) or (a)(5) may be made by any person who is not a party and is not less than twenty-one (21) years of age, anyone duly authorized to serve summons by the law of the country where service is to be made or anyone designated by order of the court or the foreign court. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service. Proof of service may be made as prescribed in Tenn. R. Civ. P. 4, by order of the court or by the law of the foreign country. Proof of service by mail shall include an affidavit or certificate of addressing and mailing by the clerk of court. Acts 1992, ch. 679, § 1.
(a) If service is to be effected upon a party in a foreign country, service of the summons and complaint may be made: (1) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction; (2) As directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice; (3) Upon an individual, by delivery to the individual personally; and upon a corporation, partnership or association, by delivery to an officer or a managing or general agent; (4) By any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or (5) As directed by order of the court.
(1) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction;
(2) As directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice;
(3) Upon an individual, by delivery to the individual personally; and upon a corporation, partnership or association, by delivery to an officer or a managing or general agent;
(4) By any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
(5) As directed by order of the court.
(b) Service under subdivision (a)(3) or (a)(5) may be made by any person who is not a party and is not less than twenty-one (21) years of age, anyone duly authorized to serve summons by the law of the country where service is to be made or anyone designated by order of the court or the foreign court. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service. Proof of service may be made as prescribed in Tenn. R. Civ. P. 4, by order of the court or by the law of the foreign country. Proof of service by mail shall include an affidavit or certificate of addressing and mailing by the clerk of court.
Acts 1992, ch. 679, § 1.
Tenn. Code Ann. § 20-9-603 — TN Code / Title 20 / Chapter 9 / Section 20-9-603
Licensure requirement - Court reporter not required at all proceedings - Exceptions
Status: in_force

(a) No person, except as otherwise provided by law, shall practice or attempt to practice court reporting in this state or hold the person out as a court reporter unless the person is a licensed court reporter. (b) Nothing in this part shall be construed to require a court reporter at any court proceeding, administrative proceeding, deposition or any other proceeding. In the event a court reporter is retained for a proceeding, then the court reporter shall be licensed under this part. (c) Notwithstanding any law to the contrary, a licensed court reporter is not required to be a notary public to record any court proceeding, administrative law proceeding, deposition or any other proceeding. A transcript taken and submitted by a licensed court reporter is not required to be notarized. A licensed court reporter is authorized to administer oaths and swear in witnesses. (d) This part shall not apply to court reporting services paid for by a federal agency or other instrumentality of the United States. (e) This part shall not apply to court reporting services provided pursuant to title 40. Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 1, 2, 10.
(a) No person, except as otherwise provided by law, shall practice or attempt to practice court reporting in this state or hold the person out as a court reporter unless the person is a licensed court reporter.
(b) Nothing in this part shall be construed to require a court reporter at any court proceeding, administrative proceeding, deposition or any other proceeding. In the event a court reporter is retained for a proceeding, then the court reporter shall be licensed under this part.
(c) Notwithstanding any law to the contrary, a licensed court reporter is not required to be a notary public to record any court proceeding, administrative law proceeding, deposition or any other proceeding. A transcript taken and submitted by a licensed court reporter is not required to be notarized. A licensed court reporter is authorized to administer oaths and swear in witnesses.
(d) This part shall not apply to court reporting services paid for by a federal agency or other instrumentality of the United States.
(e) This part shall not apply to court reporting services provided pursuant to title 40.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 1, 2, 10.
Tenn. Code Ann. § 20-12-124 — TN Code / Title 20 / Chapter 12 / Section 20-12-124
Rule to give security
Status: in_force

Any person required by law to give security for costs may, at any stage of the cause, be ruled to give such security, if it has not previously been done, or to justify or give new or additional security on sufficient cause shown. Code 1858, § 3191 (deriv. Acts 1829, ch. 33, § 2); Shan., §4927; mod. Code 1932, § 9079; T.C.A. (orig. ed.), § 20-1626.
Any person required by law to give security for costs may, at any stage of the cause, be ruled to give such security, if it has not previously been done, or to justify or give new or additional security on sufficient cause shown.
Code 1858, § 3191 (deriv. Acts 1829, ch. 33, § 2); Shan., §4927; mod. Code 1932, § 9079; T.C.A. (orig. ed.), § 20-1626.
Tenn. Code Ann. § 20-2-108 — TN Code / Title 20 / Chapter 2 / Section 20-2-108
Counterpart summons
Status: in_force

(a) Where there are two (2) or more defendants in any suit in courts of law or equity or before judges of the courts of general sessions, the plaintiff may cause a counterpart summons or subpoena to be issued to any county where any of the defendants is most likely to be found, the fact that the counterpart process is issued in the same suit being noted on each process, which, when returned, shall be docketed as if only one (1) process had issued. (b) If the defendants are not served, the same proceedings shall be had as in cases of other similar process not executed. (c) The counterpart, when issued from a judge of the court of general sessions, shall be returned within thirty (30) days. Code 1858, §§ 2821, 2822 (deriv. Acts 1820, ch. 25, § 3); Shan., §§ 4526, 4527; Code 1932, §§ 8653, 8654; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-211.
(a) Where there are two (2) or more defendants in any suit in courts of law or equity or before judges of the courts of general sessions, the plaintiff may cause a counterpart summons or subpoena to be issued to any county where any of the defendants is most likely to be found, the fact that the counterpart process is issued in the same suit being noted on each process, which, when returned, shall be docketed as if only one (1) process had issued.
(b) If the defendants are not served, the same proceedings shall be had as in cases of other similar process not executed.
(c) The counterpart, when issued from a judge of the court of general sessions, shall be returned within thirty (30) days.
Code 1858, §§ 2821, 2822 (deriv. Acts 1820, ch. 25, § 3); Shan., §§ 4526, 4527; Code 1932, §§ 8653, 8654; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-211.
Tenn. Code Ann. § 20-12-126 — TN Code / Title 20 / Chapter 12 / Section 20-12-126
Omission of provisions from bond
Status: in_force

No omission or neglect to insert the proper conditions in the bonds shall vitiate or impair the validity of the bonds. Acts 1859-1860, ch. 120, § 3; Shan., § 4937; Code 1932, §9090; T.C.A. (orig. ed.), § 20-1628.
No omission or neglect to insert the proper conditions in the bonds shall vitiate or impair the validity of the bonds.
Acts 1859-1860, ch. 120, § 3; Shan., § 4937; Code 1932, §9090; T.C.A. (orig. ed.), § 20-1628.
Tenn. Code Ann. § 20-12-118 — TN Code / Title 20 / Chapter 12 / Section 20-12-118
Cases not expressly covered
Status: in_force

If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right. Code 1858, § 3220; Shan., § 4962; Code 1932, § 9115; T.C.A. (orig. ed.), § 20-1620.
If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right.
Code 1858, § 3220; Shan., § 4962; Code 1932, § 9115; T.C.A. (orig. ed.), § 20-1620.
Tenn. Code Ann. § 20-18-102 — TN Code / Title 20 / Chapter 18 / Section 20-18-102
Venue for civil action heard by three-judge panel
Status: in_force

Notwithstanding § 4-4-104 and any other law to the contrary, venue for a civil action described in § 20-18-101(a) is the county where the plaintiff resides, or if more than one (1) plaintiff is a party to the action, a county where any plaintiff resides. If the plaintiff in a civil action described in § 20-18-101(a) is not a resident of this state, then venue for the civil action is in Sumner County. Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
Notwithstanding § 4-4-104 and any other law to the contrary, venue for a civil action described in § 20-18-101(a) is the county where the plaintiff resides, or if more than one (1) plaintiff is a party to the action, a county where any plaintiff resides. If the plaintiff in a civil action described in § 20-18-101(a) is not a resident of this state, then venue for the civil action is in Sumner County.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
Tenn. Code Ann. § 20-4-208 — TN Code / Title 20 / Chapter 4 / Section 20-4-208
Incompetency of judge
Status: in_force

(a) As a further provision to prevent delay in cases of incompetency, it is the duty of the circuit court judges and chancellors, whenever there is a cause before one (1) of them, in which the circuit court judge or chancellor is interested, at the request of the opposite party, to transfer the cause to any court in an adjoining district or division that the adverse party may choose; and the original papers, with a certified copy of all orders, shall be immediately transmitted to the court to which the venue is changed. (b) Where the judge of any court of law or chancery is incompetent, from any other cause, to try the cause, upon application of either of the parties to the suit, the suit shall be transferred to the nearest court having jurisdiction of such cases where like incompetency does not exist. Code 1858, § 3924; Acts 1870, ch. 9, § 1; Shan., §§ 5720, 5721; mod. Code 1932, §§ 9906, 9907; T.C.A. (orig. ed.), § 20-508.
(a) As a further provision to prevent delay in cases of incompetency, it is the duty of the circuit court judges and chancellors, whenever there is a cause before one (1) of them, in which the circuit court judge or chancellor is interested, at the request of the opposite party, to transfer the cause to any court in an adjoining district or division that the adverse party may choose; and the original papers, with a certified copy of all orders, shall be immediately transmitted to the court to which the venue is changed.
(b) Where the judge of any court of law or chancery is incompetent, from any other cause, to try the cause, upon application of either of the parties to the suit, the suit shall be transferred to the nearest court having jurisdiction of such cases where like incompetency does not exist.
Code 1858, § 3924; Acts 1870, ch. 9, § 1; Shan., §§ 5720, 5721; mod. Code 1932, §§ 9906, 9907; T.C.A. (orig. ed.), § 20-508.
Tenn. Code Ann. § 20-17-107 — TN Code / Title 20 / Chapter 17 / Section 20-17-107
Award of court costs, attorney's fees, and other costs and expenses - Additional relief
Status: in_force

(a) If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party: (1) Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and (2) Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated. (b) If the court finds that a petition filed under this chapter was frivolous or was filed solely for the purpose of unnecessary delay, and makes specific written findings and conclusions establishing such finding, the court may award to the responding party court costs and reasonable attorney's fees incurred in opposing the petition. Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
(a) If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party: (1) Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and (2) Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated.
(1) Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and
(2) Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated.
(b) If the court finds that a petition filed under this chapter was frivolous or was filed solely for the purpose of unnecessary delay, and makes specific written findings and conclusions establishing such finding, the court may award to the responding party court costs and reasonable attorney's fees incurred in opposing the petition.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
Tenn. Code Ann. § 20-7-102 — TN Code / Title 20 / Chapter 7 / Section 20-7-102
Consent of parties
Status: in_force

Any cause may be continued by mutual consent of the parties when approved by the court, or on sufficient cause shown by affidavit. Acts 1933, ch. 137, § 2; C. Supp. 1950, § 8790.1; T.C.A. (orig. ed.), § 20-1102.
Any cause may be continued by mutual consent of the parties when approved by the court, or on sufficient cause shown by affidavit.
Acts 1933, ch. 137, § 2; C. Supp. 1950, § 8790.1; T.C.A. (orig. ed.), § 20-1102.
Tenn. Code Ann. § 20-12-125 — TN Code / Title 20 / Chapter 12 / Section 20-12-125
Terms of bond
Status: in_force

In all cases of bonds, for the prosecution of original suits, or where security is taken or recorded in any court, sufficient security shall be taken by the clerk to pay all costs that may be at any time adjudged against the principal, in the event they are not paid by the principal. Notwithstanding any other law to the contrary, where an attorney undertakes to serve as surety after July 1, 1999, such surety shall only be obligated for amounts required by law or included in the clerk's bill of costs, and shall not be responsible for discretionary costs. In such instances, the clerk may require an additional surety other than the attorney as may be necessary to secure payment for discretionary costs. Acts 1859-1860, ch. 120, § 1; Shan., § 4935; Code 1932, § 9088; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1627; Acts 1981, ch. 449, § 2; 1999, ch. 207, § 1.
In all cases of bonds, for the prosecution of original suits, or where security is taken or recorded in any court, sufficient security shall be taken by the clerk to pay all costs that may be at any time adjudged against the principal, in the event they are not paid by the principal. Notwithstanding any other law to the contrary, where an attorney undertakes to serve as surety after July 1, 1999, such surety shall only be obligated for amounts required by law or included in the clerk's bill of costs, and shall not be responsible for discretionary costs. In such instances, the clerk may require an additional surety other than the attorney as may be necessary to secure payment for discretionary costs.
Acts 1859-1860, ch. 120, § 1; Shan., § 4935; Code 1932, § 9088; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1627; Acts 1981, ch. 449, § 2; 1999, ch. 207, § 1.
Tenn. Code Ann. § 20-2-207 — TN Code / Title 20 / Chapter 2 / Section 20-2-207
Continuances after service by agent
Status: in_force

The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense. Code 1932, § 8674; T.C.A. (orig. ed.), § 20-228.
The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense.
Code 1932, § 8674; T.C.A. (orig. ed.), § 20-228.
Tenn. Code Ann. § 20-13-103 — TN Code / Title 20 / Chapter 13 / Section 20-13-103
Compromise and settlement of litigation
Status: in_force

The attorney general and reporter may compromise and settle, insofar as the state is concerned, any civil litigation to which the state may be a party, upon such terms as in the attorney general and reporter's opinion may seem to be in the best interest of the state, and may enter into such agreements in connection with the compromise and settlement as may be necessary to effectuate the purposes of this section. Written approval of the comptroller of the treasury and governor shall be required for any compromise and settlement greater than twenty-five thousand dollars ($25,000). The attorney general and reporter shall submit a report quarterly to the comptroller of the treasury and governor of all compromises and settlements made without the written approval of the comptroller of the treasury and governor. The written approval of the speaker of the senate and the speaker of the house of representatives, the comptroller of the treasury and governor, shall be also required for the compromise and settlement of such civil litigation to which the state may be a party if the compromise and settlement will result in a significant increase in state expenditures, affect the bond rating of the state or result in a decision on a policy issue that may result in a significant increase in state expenditures. Acts 1933, ch. 78, § 1; T.C.A. (orig. ed.), § 20-1703; Acts 1986, ch. 728, § 1; 2012, ch. 637, § 1.
The attorney general and reporter may compromise and settle, insofar as the state is concerned, any civil litigation to which the state may be a party, upon such terms as in the attorney general and reporter's opinion may seem to be in the best interest of the state, and may enter into such agreements in connection with the compromise and settlement as may be necessary to effectuate the purposes of this section. Written approval of the comptroller of the treasury and governor shall be required for any compromise and settlement greater than twenty-five thousand dollars ($25,000). The attorney general and reporter shall submit a report quarterly to the comptroller of the treasury and governor of all compromises and settlements made without the written approval of the comptroller of the treasury and governor. The written approval of the speaker of the senate and the speaker of the house of representatives, the comptroller of the treasury and governor, shall be also required for the compromise and settlement of such civil litigation to which the state may be a party if the compromise and settlement will result in a significant increase in state expenditures, affect the bond rating of the state or result in a decision on a policy issue that may result in a significant increase in state expenditures.
Acts 1933, ch. 78, § 1; T.C.A. (orig. ed.), § 20-1703; Acts 1986, ch. 728, § 1; 2012, ch. 637, § 1.
Tenn. Code Ann. § 20-12-134 — TN Code / Title 20 / Chapter 12 / Section 20-12-134
Payment by state
Status: in_force

In all cases where any civil action is brought on behalf of the state, in law or equity, and the state is adjudged to pay all costs, the costs shall be paid out of the treasury, upon the costs being properly certified. Acts 1859-1860, ch. 76, § 2; Shan., § 4963; Code 1932, §9117; T.C.A. (orig. ed.), § 20-1636.
In all cases where any civil action is brought on behalf of the state, in law or equity, and the state is adjudged to pay all costs, the costs shall be paid out of the treasury, upon the costs being properly certified.
Acts 1859-1860, ch. 76, § 2; Shan., § 4963; Code 1932, §9117; T.C.A. (orig. ed.), § 20-1636.
Tenn. Code Ann. § 20-2-218 — TN Code / Title 20 / Chapter 2 / Section 20-2-218
Causes of action limited
Status: in_force

Only causes of action arising hereafter or heretofore from past or future transactions as set forth in § 20-2-214 may be asserted against the defendant in an action in which jurisdiction over the defendant is based upon §§ 20-2-214 - 20-2-217, this section and § 20-2-219 . Acts 1965, ch. 67, § 5; T.C.A., § 20-239.
Only causes of action arising hereafter or heretofore from past or future transactions as set forth in § 20-2-214 may be asserted against the defendant in an action in which jurisdiction over the defendant is based upon §§ 20-2-214 - 20-2-217, this section and § 20-2-219 .
Acts 1965, ch. 67, § 5; T.C.A., § 20-239.
Tenn. Code Ann. § 20-9-503 — TN Code / Title 20 / Chapter 9 / Section 20-9-503
Scope of general verdict
Status: in_force

A general verdict, although it may not in terms answer every issue joined, is nevertheless held to embrace every issue, unless exception is taken at the term at which the verdict is rendered. Code 1858, § 4247 (deriv. Acts 1851-1852, ch. 152, § 4); Shan., § 6085; Code 1932, § 10343; T.C.A. (orig. ed.), § 20-1318.
A general verdict, although it may not in terms answer every issue joined, is nevertheless held to embrace every issue, unless exception is taken at the term at which the verdict is rendered.
Code 1858, § 4247 (deriv. Acts 1851-1852, ch. 152, § 4); Shan., § 6085; Code 1932, § 10343; T.C.A. (orig. ed.), § 20-1318.
Tenn. Code Ann. § 20-13-101 — TN Code / Title 20 / Chapter 13 / Section 20-13-101
Power to prosecute suits
Status: in_force

The state shall commence and prosecute suits according to the laws of the land, as in cases between individuals, except that no security shall, in such case, be required. Code 1858, § 2806 (deriv. Acts 1839-1840, ch. 139, § 2); Shan., § 4506; Code 1932, § 8633; T.C.A. (orig. ed.), § 20-1701.
The state shall commence and prosecute suits according to the laws of the land, as in cases between individuals, except that no security shall, in such case, be required.
Code 1858, § 2806 (deriv. Acts 1839-1840, ch. 139, § 2); Shan., § 4506; Code 1932, § 8633; T.C.A. (orig. ed.), § 20-1701.
Tenn. Code Ann. § 20-5-112 — TN Code / Title 20 / Chapter 5 / Section 20-5-112
Death of beneficiary during action
Status: in_force

No suit for personal injuries or death from a wrongful act, in any of the courts of this state, whether on appeal or otherwise, and whether in an inferior or appellate court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit the suit was brought, and the suit shall be proceeded with to final judgment, as though the beneficiary or beneficiaries had not died, for the use and benefit of the next of kin of the deceased beneficiary. Acts 1903, ch. 317, § 1; Shan., § 4029a3; mod. Code 1932, §8242; T.C.A. (orig. ed.), § 20-613.
No suit for personal injuries or death from a wrongful act, in any of the courts of this state, whether on appeal or otherwise, and whether in an inferior or appellate court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit the suit was brought, and the suit shall be proceeded with to final judgment, as though the beneficiary or beneficiaries had not died, for the use and benefit of the next of kin of the deceased beneficiary.
Acts 1903, ch. 317, § 1; Shan., § 4029a3; mod. Code 1932, §8242; T.C.A. (orig. ed.), § 20-613.
Tenn. Code Ann. § 20-12-130 — TN Code / Title 20 / Chapter 12 / Section 20-12-130
Personal representative's oath - Protection from liability
Status: in_force

(a) Any personal representative of the estate of any deceased person in this state may commence and prosecute any action or suit, or appeal, in favor of the estate represented by the personal representative, in any court without giving bond and security for costs, by taking and subscribing an oath that the personal representative, as such personal representative, has no property belonging to the estate of the deceased out of which to bear the expenses of the action or suit by filing of an accompanying affidavit of indigency as prescribed by court rule, and that the personal representative verily believes that the estate, for the benefit of which the action or suit is brought, is justly entitled to the redress sought. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs or taxes, but merely suspends their collection until taxed by the court. (b) In such case the personal representative shall not incur any personal liability, unless the court trying the case should be of the opinion and adjudge that the action was frivolous or malicious. Acts 1897, ch. 133; Shan., § 4930a2; mod. Code 1932, § 9083; T.C.A. (orig. ed.), § 20-1632; Acts 1995, ch. 242, § 4.
(a) Any personal representative of the estate of any deceased person in this state may commence and prosecute any action or suit, or appeal, in favor of the estate represented by the personal representative, in any court without giving bond and security for costs, by taking and subscribing an oath that the personal representative, as such personal representative, has no property belonging to the estate of the deceased out of which to bear the expenses of the action or suit by filing of an accompanying affidavit of indigency as prescribed by court rule, and that the personal representative verily believes that the estate, for the benefit of which the action or suit is brought, is justly entitled to the redress sought. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs or taxes, but merely suspends their collection until taxed by the court.
(b) In such case the personal representative shall not incur any personal liability, unless the court trying the case should be of the opinion and adjudge that the action was frivolous or malicious.
Acts 1897, ch. 133; Shan., § 4930a2; mod. Code 1932, § 9083; T.C.A. (orig. ed.), § 20-1632; Acts 1995, ch. 242, § 4.
Tenn. Code Ann. § 20-2-223 — TN Code / Title 20 / Chapter 2 / Section 20-2-223
Personal jurisdiction based on conduct
Status: in_force

(a) A court may exercise personal jurisdiction over a person, who acts directly or indirectly, as to a claim for relief arising from the person's: (1) Transacting any business in this state; (2) Contracting to supply services or things in this state; (3) Causing tortious injury by an act or omission in this state; (4) Causing tortious injury in this state by an act or omission outside this state of the person who regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state; (5) Having an interest in, using or possessing real property in this state; (6) Contracting to insure any person, property or risk located within this state at the time of contracting; or (7) Conduct as a director or officer of a domestic corporation or the conduct of a domestic corporation while the person held office as a director or officer. (b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against that person. Acts 1997, ch. 226, § 1.
(a) A court may exercise personal jurisdiction over a person, who acts directly or indirectly, as to a claim for relief arising from the person's: (1) Transacting any business in this state; (2) Contracting to supply services or things in this state; (3) Causing tortious injury by an act or omission in this state; (4) Causing tortious injury in this state by an act or omission outside this state of the person who regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state; (5) Having an interest in, using or possessing real property in this state; (6) Contracting to insure any person, property or risk located within this state at the time of contracting; or (7) Conduct as a director or officer of a domestic corporation or the conduct of a domestic corporation while the person held office as a director or officer.
(1) Transacting any business in this state;
(2) Contracting to supply services or things in this state;
(3) Causing tortious injury by an act or omission in this state;
(4) Causing tortious injury in this state by an act or omission outside this state of the person who regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state;
(5) Having an interest in, using or possessing real property in this state;
(6) Contracting to insure any person, property or risk located within this state at the time of contracting; or
(7) Conduct as a director or officer of a domestic corporation or the conduct of a domestic corporation while the person held office as a director or officer.
(b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against that person.
Acts 1997, ch. 226, § 1.
Tenn. Code Ann. § 20-15-105 — TN Code / Title 20 / Chapter 15 / Section 20-15-105
Application to various forms of business association
Status: in_force

Without prejudice to any other legal right, this chapter shall not apply to a corporation, partnership or other form of business association. Acts 2010, ch. 983, § 5.
Without prejudice to any other legal right, this chapter shall not apply to a corporation, partnership or other form of business association.
Acts 2010, ch. 983, § 5.
Tenn. Code Ann. § 20-4-209 — TN Code / Title 20 / Chapter 4 / Section 20-4-209
Transmission of records
Status: in_force

When a change of venue is directed, the clerk of court shall make a transcript of all the minutes, orders and proceedings in the cause, duly certified, and envelope the transcript, together with all the original papers, in a strong wrapper, securely sealed and safely deliver or transmit the package by messenger, registered mail or express to the clerk of the court to which the venue has been changed. Code 1858, § 2843; Shan., § 4557; mod. Code 1932, § 8690; T.C.A. (orig. ed.), § 20-509.
When a change of venue is directed, the clerk of court shall make a transcript of all the minutes, orders and proceedings in the cause, duly certified, and envelope the transcript, together with all the original papers, in a strong wrapper, securely sealed and safely deliver or transmit the package by messenger, registered mail or express to the clerk of the court to which the venue has been changed.
Code 1858, § 2843; Shan., § 4557; mod. Code 1932, § 8690; T.C.A. (orig. ed.), § 20-509.
Tenn. Code Ann. § 20-2-219 — TN Code / Title 20 / Chapter 2 / Section 20-2-219
Process under other laws not affected - Liberal construction
Status: in_force

(a) Nothing contained in §§ 20-2-214 - 20-2-218 and this section shall limit or affect the service of process in any other manner now provided by law. (b) Subsection (a) is in the nature of remedial legislation and it is the legislative intent that it be given a liberal construction. Acts 1965, ch. 67, § 6; T.C.A., § 20-240.
(a) Nothing contained in §§ 20-2-214 - 20-2-218 and this section shall limit or affect the service of process in any other manner now provided by law.
(b) Subsection (a) is in the nature of remedial legislation and it is the legislative intent that it be given a liberal construction.
Acts 1965, ch. 67, § 6; T.C.A., § 20-240.
Tenn. Code Ann. § 20-2-208 — TN Code / Title 20 / Chapter 2 / Section 20-2-208
Actions against steamboat owners
Status: in_force

(a) All persons, resident and nonresident of this state, running and operating steamboats in any of the rivers in or bordering on this state as common carriers, may be sued in law or equity in any county where the boat or boats of such person lands, for any cause of action or suit growing out of or connected with the business carried on or done by or in connection with the running and use of the boat or boats. (b) Service of process on any captain or clerk of any boat of such person, whether it is the particular boat complained of or immediately connected with the transaction out of which the cause of suit or action originates or not, shall be sufficient to bring such person into court. Acts 1881, ch. 66, § 1; Shan., §§ 4547, 4548; mod. Code 1932, §§ 8680, 8681; T.C.A. (orig. ed.), § 20-229.
(a) All persons, resident and nonresident of this state, running and operating steamboats in any of the rivers in or bordering on this state as common carriers, may be sued in law or equity in any county where the boat or boats of such person lands, for any cause of action or suit growing out of or connected with the business carried on or done by or in connection with the running and use of the boat or boats.
(b) Service of process on any captain or clerk of any boat of such person, whether it is the particular boat complained of or immediately connected with the transaction out of which the cause of suit or action originates or not, shall be sufficient to bring such person into court.
Acts 1881, ch. 66, § 1; Shan., §§ 4547, 4548; mod. Code 1932, §§ 8680, 8681; T.C.A. (orig. ed.), § 20-229.
Tenn. Code Ann. § 20-12-102 — TN Code / Title 20 / Chapter 12 / Section 20-12-102
Litigation tax
Status: in_force

Litigation taxes shall be payable as required by §§ 67-4-602 - 67-4-606. A successful plaintiff in any civil action shall be reimbursed by the defendant for any litigation tax incurred, in the same manner as are costs. Code 1958, § 551; Shan., § 706; Code 1932, § 1257; Acts 1961, ch. 310, § 1; T.C.A. (orig. ed.), § 20-1602; Acts 1982, ch. 925, § 1.
Litigation taxes shall be payable as required by §§ 67-4-602 - 67-4-606. A successful plaintiff in any civil action shall be reimbursed by the defendant for any litigation tax incurred, in the same manner as are costs.
Code 1958, § 551; Shan., § 706; Code 1932, § 1257; Acts 1961, ch. 310, § 1; T.C.A. (orig. ed.), § 20-1602; Acts 1982, ch. 925, § 1.
Tenn. Code Ann. § 20-15-103 — TN Code / Title 20 / Chapter 15 / Section 20-15-103
Primary factor in interpretation, enforcement or application of agreement providing for choice of foreign law, legal code or system is preservation of constitutional rights
Status: in_force

(a) If any contract, arbitration agreement or other agreement provides for the choice of a foreign law, legal code or system to govern its interpretation or the resolution of any claim or dispute and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of law provision either resulted or would result in a violation of any right guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that the primary factor in interpretation, enforcement or application of the contract, arbitration agreement or other agreement shall be preservation of the constitutional rights of the natural person in this state against whom enforcement is sought, unless otherwise directed by state statute. (b) Nothing in this chapter shall be interpreted to limit the right of a natural person of this state to voluntarily restrict or limit their own constitutional rights by contract or specific waiver consistent with constitutional principles; however, the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of the natural person in this state. Acts 2010, ch. 983, § 3.
(a) If any contract, arbitration agreement or other agreement provides for the choice of a foreign law, legal code or system to govern its interpretation or the resolution of any claim or dispute and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of law provision either resulted or would result in a violation of any right guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that the primary factor in interpretation, enforcement or application of the contract, arbitration agreement or other agreement shall be preservation of the constitutional rights of the natural person in this state against whom enforcement is sought, unless otherwise directed by state statute.
(b) Nothing in this chapter shall be interpreted to limit the right of a natural person of this state to voluntarily restrict or limit their own constitutional rights by contract or specific waiver consistent with constitutional principles; however, the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of the natural person in this state.
Acts 2010, ch. 983, § 3.
Tenn. Code Ann. § 20-1-102 — TN Code / Title 20 / Chapter 1 / Section 20-1-102
Indemnification of nominal plaintiff
Status: in_force

The person whose name is used in the prosecution of a suit may, at any time during the progress of the cause, require the party for whose benefit the action is brought to give bond, with good security, to indemnify the person whose name is used in the prosecution of the suit against all damages and costs. Code 1858, § 2796; Shan., § 4493; Code 1932, § 8620; T.C.A. (orig. ed.), § 20-102.
The person whose name is used in the prosecution of a suit may, at any time during the progress of the cause, require the party for whose benefit the action is brought to give bond, with good security, to indemnify the person whose name is used in the prosecution of the suit against all damages and costs.
Code 1858, § 2796; Shan., § 4493; Code 1932, § 8620; T.C.A. (orig. ed.), § 20-102.
Tenn. Code Ann. § 20-12-105 — TN Code / Title 20 / Chapter 12 / Section 20-12-105
Number of witnesses
Status: in_force

(a) Not more than two (2) witnesses called to prove the same fact shall be taxed in any bill of costs against the losing party, except in case of witnesses called to attack or sustain the character of a witness or party. (b) If more than the number of witnesses allowed are examined in proof of any particular fact, a motion shall be made at the term at which the cause is tried, and the court shall instruct the clerk as to the taxation of costs. The motion shall not be made afterwards without good cause shown. Code 1858, §§ 3213, 3214 (deriv. Acts 1783, ch. 11, § 4); Acts 1859-1860, ch. 35, § 1; Shan., §§ 4955, 4956; Code 1932, §§ 9108, 9109; T.C.A. (orig. ed.), § 20-1605.
(a) Not more than two (2) witnesses called to prove the same fact shall be taxed in any bill of costs against the losing party, except in case of witnesses called to attack or sustain the character of a witness or party.
(b) If more than the number of witnesses allowed are examined in proof of any particular fact, a motion shall be made at the term at which the cause is tried, and the court shall instruct the clerk as to the taxation of costs. The motion shall not be made afterwards without good cause shown.
Code 1858, §§ 3213, 3214 (deriv. Acts 1783, ch. 11, § 4); Acts 1859-1860, ch. 35, § 1; Shan., §§ 4955, 4956; Code 1932, §§ 9108, 9109; T.C.A. (orig. ed.), § 20-1605.
Tenn. Code Ann. § 20-4-204 — TN Code / Title 20 / Chapter 4 / Section 20-4-204
Allowance of change
Status: in_force

If the presiding judge, on due consideration, is of the opinion that the cause set forth is good, and the truth of the cause set forth is evident and credibly supported, the presiding judge shall allow the change asked for. Code 1858, § 2838 (deriv. Acts 1825, ch. 78, § 1); Shan., § 4552; mod. Code 1932, § 8685; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-504.
If the presiding judge, on due consideration, is of the opinion that the cause set forth is good, and the truth of the cause set forth is evident and credibly supported, the presiding judge shall allow the change asked for.
Code 1858, § 2838 (deriv. Acts 1825, ch. 78, § 1); Shan., § 4552; mod. Code 1932, § 8685; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-504.
Tenn. Code Ann. § 20-2-112 — TN Code / Title 20 / Chapter 2 / Section 20-2-112
Wrongful death action by other than personal representative pending - Service in civil action against estate
Status: in_force

(a) Where a wrongful death action has been instituted by any person other than an executor, executrix, administrator or administratrix of a decedent's estate, the estate may be made a party defendant to any civil action arising out of the same facts, happenings, or circumstances otherwise properly brought by serving process on the person instituting the original wrongful death action. (b) If, after a decedent's estate is made a party defendant as provided in subsection (a), an executor, executrix, administrator or administratrix of the decedent's estate is thereafter appointed, the person who instituted the original wrongful death action shall notify the executor, executrix, administrator or administratrix of the decedent's estate in writing of all actions heretofore instituted against the decedent's estate. The failure of the person to notify the executor, executrix, administrator or administratrix of the decedent's estate, as provided in this subsection (b), may render the person liable for all resultant damages. (c) Any individual served with process under this section shall notify any person or entity charged with the responsibility of defending the action to which the subject estate has been made a defendant. The notice shall be in writing. Acts 1968, ch. 552, §§ 1, 2; T.C.A., § 20-242.
(a) Where a wrongful death action has been instituted by any person other than an executor, executrix, administrator or administratrix of a decedent's estate, the estate may be made a party defendant to any civil action arising out of the same facts, happenings, or circumstances otherwise properly brought by serving process on the person instituting the original wrongful death action.
(b) If, after a decedent's estate is made a party defendant as provided in subsection (a), an executor, executrix, administrator or administratrix of the decedent's estate is thereafter appointed, the person who instituted the original wrongful death action shall notify the executor, executrix, administrator or administratrix of the decedent's estate in writing of all actions heretofore instituted against the decedent's estate. The failure of the person to notify the executor, executrix, administrator or administratrix of the decedent's estate, as provided in this subsection (b), may render the person liable for all resultant damages.
(c) Any individual served with process under this section shall notify any person or entity charged with the responsibility of defending the action to which the subject estate has been made a defendant. The notice shall be in writing.
Acts 1968, ch. 552, §§ 1, 2; T.C.A., § 20-242.
Tenn. Code Ann. § 20-8-102 — TN Code / Title 20 / Chapter 8 / Section 20-8-102
Style of case not to be changed by clerk
Status: in_force

The clerk of the court shall not change the style of any cause, or papers in the cause, without permission of the chancellor or judge presiding, after the cause has been docketed. Acts 1879, ch. 114, § 1; Shan., § 4675; Code 1932, § 8801; T.C.A. (orig. ed.), § 20-1208.
The clerk of the court shall not change the style of any cause, or papers in the cause, without permission of the chancellor or judge presiding, after the cause has been docketed.
Acts 1879, ch. 114, § 1; Shan., § 4675; Code 1932, § 8801; T.C.A. (orig. ed.), § 20-1208.
Tenn. Code Ann. § 20-14-102 — TN Code / Title 20 / Chapter 14 / Section 20-14-102
Temporary restraining order and injunction
Status: in_force

Any employer or employee who has suffered unlawful violence or a credible threat of violence from any individual, or an organization that the individual is affiliated with, which can reasonably be construed to have been carried out at the workplace, may seek a temporary restraining order and an injunction prohibiting further unlawful violence or threats of violence by that individual, or the organization that individual is affiliated with, at the workplace. Nothing in this chapter shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the constitutions of this state or the United States. Acts 2002, ch. 541, §3; 2011 , ch. 315, § 3.
Any employer or employee who has suffered unlawful violence or a credible threat of violence from any individual, or an organization that the individual is affiliated with, which can reasonably be construed to have been carried out at the workplace, may seek a temporary restraining order and an injunction prohibiting further unlawful violence or threats of violence by that individual, or the organization that individual is affiliated with, at the workplace. Nothing in this chapter shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the constitutions of this state or the United States.
Acts 2002, ch. 541, §3; 2011 , ch. 315, § 3.
Tenn. Code Ann. § 20-4-207 — TN Code / Title 20 / Chapter 4 / Section 20-4-207
Costs of change
Status: in_force

The party applying for a change of venue shall, in the cases referenced in this part, pay the cost of the transcript and transmission of paper; and, in the discretion of the court, the applicant may be required to give bond, or additional bond, for costs. Code 1858, § 2841; Shan., § 4555; mod. Code 1932, § 8688; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-507.
The party applying for a change of venue shall, in the cases referenced in this part, pay the cost of the transcript and transmission of paper; and, in the discretion of the court, the applicant may be required to give bond, or additional bond, for costs.
Code 1858, § 2841; Shan., § 4555; mod. Code 1932, § 8688; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-507.
Tenn. Code Ann. § 20-5-108 — TN Code / Title 20 / Chapter 5 / Section 20-5-108
Continuation of decedent's action
Status: in_force

(a) If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor. (b) The damages shall go to the surviving spouse and next of kin free from the claims of creditors. Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. (orig. ed.), § 20-609.
(a) If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor.
(b) The damages shall go to the surviving spouse and next of kin free from the claims of creditors.
Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. (orig. ed.), § 20-609.
Tenn. Code Ann. § 20-5-103 — TN Code / Title 20 / Chapter 5 / Section 20-5-103
Causes surviving death of tort-feasor
Status: in_force

(a) In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is instituted to recover damages, the death of that person shall not abate any cause of action that the plaintiff would have otherwise had, but the cause of action shall survive and may be prosecuted against the personal representative of the tort-feasor or wrongdoer. (b) The common law rule abating such actions upon the death of the wrongdoer and before suit is commenced is abrogated. (c) This section shall not apply to actions for wrongs affecting the character of the plaintiff. Acts 1935, ch. 104, § 1; mod. C. Supp. 1950, § 8243.1; T.C.A. (orig. ed.), § 20-603.
(a) In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is instituted to recover damages, the death of that person shall not abate any cause of action that the plaintiff would have otherwise had, but the cause of action shall survive and may be prosecuted against the personal representative of the tort-feasor or wrongdoer.
(b) The common law rule abating such actions upon the death of the wrongdoer and before suit is commenced is abrogated.
(c) This section shall not apply to actions for wrongs affecting the character of the plaintiff.
Acts 1935, ch. 104, § 1; mod. C. Supp. 1950, § 8243.1; T.C.A. (orig. ed.), § 20-603.
Tenn. Code Ann. § 20-12-132 — TN Code / Title 20 / Chapter 12 / Section 20-12-132
Dismissal of pauper's action
Status: in_force

(a) If it is made to appear to the court, at any time before the trial, that the allegation of poverty is probably untrue, or the cause of action frivolous or malicious, the action may be dismissed. (b) The burden shall be upon a pauper to justify the pauper's oath. Code 1858, § 3194 (deriv. Acts 1821, ch. 22, § 5); Shan., §4932; mod. Code 1932, § 9085; T.C.A. (orig. ed.), § 20-1634; Acts 1995, ch. 242, § 5.
(a) If it is made to appear to the court, at any time before the trial, that the allegation of poverty is probably untrue, or the cause of action frivolous or malicious, the action may be dismissed.
(b) The burden shall be upon a pauper to justify the pauper's oath.
Code 1858, § 3194 (deriv. Acts 1821, ch. 22, § 5); Shan., §4932; mod. Code 1932, § 9085; T.C.A. (orig. ed.), § 20-1634; Acts 1995, ch. 242, § 5.
Tenn. Code Ann. § 20-12-133 — TN Code / Title 20 / Chapter 12 / Section 20-12-133
Judgment against pauper
Status: in_force

On failure, for any reason, to prosecute the action or suit with effect, judgment or decree shall be given against such poor persons, and execution awarded, as in other cases. Code 1858, § 3195 (deriv. Acts 1829, ch. 88, § 1); Shan., § 4933; Code 1932, § 9086; T.C.A. (orig. ed.), § 20-1635.
On failure, for any reason, to prosecute the action or suit with effect, judgment or decree shall be given against such poor persons, and execution awarded, as in other cases.
Code 1858, § 3195 (deriv. Acts 1829, ch. 88, § 1); Shan., § 4933; Code 1932, § 9086; T.C.A. (orig. ed.), § 20-1635.
Tenn. Code Ann. § 20-4-103 — TN Code / Title 20 / Chapter 4 / Section 20-4-103
Actions in rem
Status: in_force

In actions commenced by the attachment of property without personal service of process, and in cases where the suit is brought to obtain possession of personal property, or to enforce a lien or trust deed or mortgage, or where it relates to real property, the attachment may be sued out or suit brought in any county where the real property, or any portion of it, lies, or where any part of the personal property may be found. Code 1858, § 2810 (deriv. Acts 1847-1848, ch. 173); Shan., § 4515; mod. Code 1932, § 8642; T.C.A. (orig. ed.), § 20-404.
In actions commenced by the attachment of property without personal service of process, and in cases where the suit is brought to obtain possession of personal property, or to enforce a lien or trust deed or mortgage, or where it relates to real property, the attachment may be sued out or suit brought in any county where the real property, or any portion of it, lies, or where any part of the personal property may be found.
Code 1858, § 2810 (deriv. Acts 1847-1848, ch. 173); Shan., § 4515; mod. Code 1932, § 8642; T.C.A. (orig. ed.), § 20-404.
Tenn. Code Ann. § 20-12-123 — TN Code / Title 20 / Chapter 12 / Section 20-12-123
Appeals from general sessions court
Status: in_force

The plaintiff in an action commenced before a judge of the court of general sessions, shall, on motion, be ruled to give security or further security in the circuit court, to which the cause may be taken for the correction of errors. Code 1858, § 3190 (deriv. Acts 1813, ch. 131, § 2); Shan., §4926; mod. Code 1932, § 9078; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1625.
The plaintiff in an action commenced before a judge of the court of general sessions, shall, on motion, be ruled to give security or further security in the circuit court, to which the cause may be taken for the correction of errors.
Code 1858, § 3190 (deriv. Acts 1813, ch. 131, § 2); Shan., §4926; mod. Code 1932, § 9078; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1625.
Tenn. Code Ann. § 20-12-106 — TN Code / Title 20 / Chapter 12 / Section 20-12-106
Dismissal - Compromise
Status: in_force

Suits may be dismissed, in writing, out of term time as well as in term, and further costs stopped. If compromised and dismissed before the return day of the original writ, or before the court to which an appeal is taken from the judgment of a court of general sessions, no costs, except the clerk's fee for issuing the writ and the sheriff's fee for serving it, if served, shall be taxed. Code 1858, § 3199 (deriv. Acts 1826, ch. 28, § 1); Shan., § 4940; Code 1932, § 9093; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1606.
Suits may be dismissed, in writing, out of term time as well as in term, and further costs stopped. If compromised and dismissed before the return day of the original writ, or before the court to which an appeal is taken from the judgment of a court of general sessions, no costs, except the clerk's fee for issuing the writ and the sheriff's fee for serving it, if served, shall be taxed.
Code 1858, § 3199 (deriv. Acts 1826, ch. 28, § 1); Shan., § 4940; Code 1932, § 9093; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1606.
Tenn. Code Ann. § 20-13-108 — TN Code / Title 20 / Chapter 13 / Section 20-13-108
Methods of deposit and withdrawal
Status: in_force

The funds or securities shall be placed in the state treasury, and drawn from the state treasury on warrants of the commissioner of finance and administration. Acts 1873, ch. 78, § 4; Shan., § 4512; Code 1932, § 8639; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 20-1708.
The funds or securities shall be placed in the state treasury, and drawn from the state treasury on warrants of the commissioner of finance and administration.
Acts 1873, ch. 78, § 4; Shan., § 4512; Code 1932, § 8639; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 20-1708.