Tenn. Code Ann. § 29-27-215 — TN Code / Title 29 / Chapter 27 / Section 29-27-215
Security for purchase money
Status: in_force

(a) The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid. (b) The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, either in the decree or titles made in compliance with the orders of the court. Code 1858, §§ 3301, 3304; Shan., §§ 5050, 5053; Code 1932, §§ 9205, 9208; T.C.A. (orig. ed.), § 23-2145.
(a) The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid.
(b) The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, either in the decree or titles made in compliance with the orders of the court.
Code 1858, §§ 3301, 3304; Shan., §§ 5050, 5053; Code 1932, §§ 9205, 9208; T.C.A. (orig. ed.), § 23-2145.
Tenn. Code Ann. § 29-32-108 — TN Code / Title 29 / Chapter 32 / Section 29-32-108
Form of writ on forfeitures
Status: in_force

All scire facias issued on conditional judgments and decrees rendered by any of the courts of this state on forfeited bonds, recognizances, subpoenas, summons, and other like obligations may be substantially in the following form, to wit: State of Tennessee, county of ______________ To the sheriff [or coroner, as the case may be] of the county: You are hereby commanded in the name of the state to notify ______________ and ______________ that a conditional judgment was rendered against them in the circuit court [or whatever court it may be] of ______________ county, for the sum of $____________________ and costs on a forfeited bond [or recognizance, or whatever obligation it is], and the same will be made final unless you appear at the next term of court [or whatever the time may be under the order of the court], and show cause to the contrary. Signed by the clerk, etc., with proper endorsement as to date of, etc. Acts 1897, ch. 47, § 1; Shan., § 7142a1; Code 1932, § 11690; T.C.A. (orig. ed.), § 23-2508.
All scire facias issued on conditional judgments and decrees rendered by any of the courts of this state on forfeited bonds, recognizances, subpoenas, summons, and other like obligations may be substantially in the following form, to wit:
State of Tennessee, county of ______________
To the sheriff [or coroner, as the case may be] of the county:
You are hereby commanded in the name of the state to notify ______________ and ______________ that a conditional judgment was rendered against them in the circuit court [or whatever court it may be] of ______________ county, for the sum of $____________________ and costs on a forfeited bond [or recognizance, or whatever obligation it is], and the same will be made final unless you appear at the next term of court [or whatever the time may be under the order of the court], and show cause to the contrary.
Signed by the clerk, etc., with proper endorsement as to date of, etc.
Acts 1897, ch. 47, § 1; Shan., § 7142a1; Code 1932, § 11690; T.C.A. (orig. ed.), § 23-2508.
Tenn. Code Ann. § 29-12-103 — TN Code / Title 29 / Chapter 12 / Section 29-12-103
Intervention by other creditors
Status: in_force

If the bill is filed by one (1) creditor for the creditor and others, the other creditors may make themselves parties at any time before final decree, by petition and execution of prosecution bonds, or by agreeing to join in the bonds required in the case of the original complaint, and in a sufficient penalty, to pay their proportional part of the recovery on such bonds. Code 1858, § 4290 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6099; mod. Code 1932, § 10360; T.C.A. (orig. ed.), § 23-1003.
If the bill is filed by one (1) creditor for the creditor and others, the other creditors may make themselves parties at any time before final decree, by petition and execution of prosecution bonds, or by agreeing to join in the bonds required in the case of the original complaint, and in a sufficient penalty, to pay their proportional part of the recovery on such bonds.
Code 1858, § 4290 (deriv. Acts 1851-1852, ch. 365, § 10); Shan., § 6099; mod. Code 1932, § 10360; T.C.A. (orig. ed.), § 23-1003.
Tenn. Code Ann. § 29-29-101 — TN Code / Title 29 / Chapter 29 / Section 29-29-101
Persons not in being made defendants
Status: in_force

In any suit in equity brought in any court under its general equity jurisdiction to quiet, perfect, or adjudge the title to real estate, or to remove clouds from the title thereof, situated within the state, in which suit it is sought to determine the rights or claims of any person not in being, such person may be made defendant, and such parties defendant may be designated by general words of descriptions such as the unborn children or representatives of children of A. B. a living person. Acts 1919, ch. 13, § 1; Shan. Supp., § 5009a1; Code 1932, §9160; T.C.A. (orig. ed.), § 23-2201.
In any suit in equity brought in any court under its general equity jurisdiction to quiet, perfect, or adjudge the title to real estate, or to remove clouds from the title thereof, situated within the state, in which suit it is sought to determine the rights or claims of any person not in being, such person may be made defendant, and such parties defendant may be designated by general words of descriptions such as the unborn children or representatives of children of A. B. a living person.
Acts 1919, ch. 13, § 1; Shan. Supp., § 5009a1; Code 1932, §9160; T.C.A. (orig. ed.), § 23-2201.
Tenn. Code Ann. § 29-27-105 — TN Code / Title 29 / Chapter 27 / Section 29-27-105
Partition of personalty - Possession pending proceeding
Status: in_force

(a) Any two (2) or more persons owning personal property in common may have partition, or sale for partition, thereof, in accord, substantially, with this chapter in respect of realty. (b) Where such owners are unable to agree as to possession pending the proceeding, the court may make orders as to possession or leasing thereof. Code 1932, §§ 9225, 9226; T.C.A. (orig. ed.), § 23-2105.
(a) Any two (2) or more persons owning personal property in common may have partition, or sale for partition, thereof, in accord, substantially, with this chapter in respect of realty.
(b) Where such owners are unable to agree as to possession pending the proceeding, the court may make orders as to possession or leasing thereof.
Code 1932, §§ 9225, 9226; T.C.A. (orig. ed.), § 23-2105.
Tenn. Code Ann. § 29-3-107 — TN Code / Title 29 / Chapter 3 / Section 29-3-107
Voluntary dismissal - Substitution of relators
Status: in_force

(a) No such proceeding shall be voluntarily dismissed except upon a written, sworn statement of the relator or relators of the reasons for dismissal. (b) If such reasons are not satisfactory to the court, or the court shall be of opinion that the proceeding ought not to be dismissed, it may order the same to proceed, and may substitute another relator or relators willing to act as such, either with or without bond, in the court's discretion. Acts 1913 (2nd Ex. Sess.), ch. 2, § 5; Shan., § 5164a10; Code 1932, § 9333; T.C.A. (orig. ed.), § 23-307.
(a) No such proceeding shall be voluntarily dismissed except upon a written, sworn statement of the relator or relators of the reasons for dismissal.
(b) If such reasons are not satisfactory to the court, or the court shall be of opinion that the proceeding ought not to be dismissed, it may order the same to proceed, and may substitute another relator or relators willing to act as such, either with or without bond, in the court's discretion.
Acts 1913 (2nd Ex. Sess.), ch. 2, § 5; Shan., § 5164a10; Code 1932, § 9333; T.C.A. (orig. ed.), § 23-307.
Tenn. Code Ann. § 29-20-308 — TN Code / Title 29 / Chapter 20 / Section 29-20-308
Venue of actions
Status: in_force

(a) Suits filed under this chapter may be brought in the county in which such governmental entity is located or in the county in which the incident occurred from which the cause of action arises. (b) A governmental entity operating in more than one (1) county shall be deemed to be located in the county where its principal office is found. Acts 1973, ch. 345, § 17; 1980, ch. 828, § 3; T.C.A., § 23-3320.
(a) Suits filed under this chapter may be brought in the county in which such governmental entity is located or in the county in which the incident occurred from which the cause of action arises.
(b) A governmental entity operating in more than one (1) county shall be deemed to be located in the county where its principal office is found.
Acts 1973, ch. 345, § 17; 1980, ch. 828, § 3; T.C.A., § 23-3320.
Tenn. Code Ann. § 29-13-118 — TN Code / Title 29 / Chapter 13 / Section 29-13-118
Forensic medical examinations in sexual assault cases
Status: in_force

(a) For purposes of this section, unless the context otherwise requires, "forensic medical examination" means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a court of law. (b) (1) A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502 - 39-13-506, 39-13-522, 39-13-527, 39-13-531, and 39-13-532, shall be entitled to forensic medical examinations without charge to the victim. No bill for the examination shall be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. All claims for forensic medical examinations are eligible for payment from the criminal injuries compensation fund, created under § 40-24-107 . (2) Notwithstanding any provision of this part to the contrary, the victims shall not be required to report the incident to law enforcement officers or to cooperate in the prosecution of the crime in order to be eligible for payment of forensic medical examinations. (c) A claim for compensation under this section shall be filed no later than one (1) year after the date of the examination by the health care provider that performed the examination, including a hospital, physician, SANE program, Child Advocacy Center, or other medical facility. The claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name and address of the victim, and any other information required by the division in order to satisfy federal regulations issued under the Victims of Crime Act of 1984 ( 42 U.S.C. § 10601 et seq.). The claim shall be accompanied by an itemized copy of the bill from the health care provider that conducted the examination. The bill shall, at a minimum, set forth the name of the victim, the date the examination was performed, the amount of the bill, the amount of any payments made on the bill, and the name and address of the health care provider that performed the examination. (d) The amount of compensation that may be awarded under this section shall not exceed one thousand dollars ($1,000), and shall constitute full compensation to the health care provider that provided the service. No provider receiving compensation pursuant to this section shall bill the victim for any additional cost related to the forensic medical examination. The compensation shall be made pursuant to this subsection (d) no later than ninety (90) days after receiving the documentation required under subsection (c). (e) Payment to a health care provider under this section does not prohibit the victim from receiving other payments for which the victim may be eligible under this part or any other law. Amended by 2016 Tenn. Acts, ch. 905, s 1, eff. 7/1/2016. Acts 2007 , ch. 511, § 1; 2008 , ch. 1043, § 6.
(a) For purposes of this section, unless the context otherwise requires, "forensic medical examination" means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a court of law.
(b) (1) A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502 - 39-13-506, 39-13-522, 39-13-527, 39-13-531, and 39-13-532, shall be entitled to forensic medical examinations without charge to the victim. No bill for the examination shall be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. All claims for forensic medical examinations are eligible for payment from the criminal injuries compensation fund, created under § 40-24-107 . (2) Notwithstanding any provision of this part to the contrary, the victims shall not be required to report the incident to law enforcement officers or to cooperate in the prosecution of the crime in order to be eligible for payment of forensic medical examinations.
(1) A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502 - 39-13-506, 39-13-522, 39-13-527, 39-13-531, and 39-13-532, shall be entitled to forensic medical examinations without charge to the victim. No bill for the examination shall be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. All claims for forensic medical examinations are eligible for payment from the criminal injuries compensation fund, created under § 40-24-107 .
(2) Notwithstanding any provision of this part to the contrary, the victims shall not be required to report the incident to law enforcement officers or to cooperate in the prosecution of the crime in order to be eligible for payment of forensic medical examinations.
(c) A claim for compensation under this section shall be filed no later than one (1) year after the date of the examination by the health care provider that performed the examination, including a hospital, physician, SANE program, Child Advocacy Center, or other medical facility. The claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name and address of the victim, and any other information required by the division in order to satisfy federal regulations issued under the Victims of Crime Act of 1984 ( 42 U.S.C. § 10601 et seq.). The claim shall be accompanied by an itemized copy of the bill from the health care provider that conducted the examination. The bill shall, at a minimum, set forth the name of the victim, the date the examination was performed, the amount of the bill, the amount of any payments made on the bill, and the name and address of the health care provider that performed the examination.
(d) The amount of compensation that may be awarded under this section shall not exceed one thousand dollars ($1,000), and shall constitute full compensation to the health care provider that provided the service. No provider receiving compensation pursuant to this section shall bill the victim for any additional cost related to the forensic medical examination. The compensation shall be made pursuant to this subsection (d) no later than ninety (90) days after receiving the documentation required under subsection (c).
(e) Payment to a health care provider under this section does not prohibit the victim from receiving other payments for which the victim may be eligible under this part or any other law.
Amended by 2016 Tenn. Acts, ch. 905, s 1, eff. 7/1/2016.
Acts 2007 , ch. 511, § 1; 2008 , ch. 1043, § 6.
Tenn. Code Ann. § 29-5-105 — TN Code / Title 29 / Chapter 5 / Section 29-5-105
Entry of agreement - Order of submission
Status: in_force

On proof of such agreement, or by consent of parties in person or by counsel, it shall be entered in the proceedings of the court or on the docket of the judge, and an order made that the parties submit to the award, which shall be made in pursuance of such agreement. Upon such proof or consent, the judge may, in vacation, make upon the agreement the order mentioned in this section, and such order shall have the same force and effect as if made in term. Code 1858, §§ 3437, 3438 (deriv. Acts 1851-1852, ch. 173, § 1); Shan., §§ 5193, 5194; Code 1932, §§ 9365, 9366; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-505.
On proof of such agreement, or by consent of parties in person or by counsel, it shall be entered in the proceedings of the court or on the docket of the judge, and an order made that the parties submit to the award, which shall be made in pursuance of such agreement. Upon such proof or consent, the judge may, in vacation, make upon the agreement the order mentioned in this section, and such order shall have the same force and effect as if made in term.
Code 1858, §§ 3437, 3438 (deriv. Acts 1851-1852, ch. 173, § 1); Shan., §§ 5193, 5194; Code 1932, §§ 9365, 9366; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-505.
Tenn. Code Ann. § 29-34-210 — TN Code / Title 29 / Chapter 34 / Section 29-34-210
Protection of Volunteer-Insured Drivers of the Elderly (PROVIDE)
Status: in_force

(a) As used in this section: (1) "Charitable organization" means any charitable unit of a religious or civic group exempt from taxation under 26 U.S.C. § 501 , including those supported wholly or partially by private donations; (2) "Human service agency" means any human service unit, clinic, senior citizens program, congregate meal center, or day care center for the elderly, whether supported wholly or partially by public funds; (3) "Volunteer" means an individual providing volunteer transportation who may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services, but does not receive compensation for the person's time; and (4) "Volunteer transportation" means motor vehicle transportation provided by a volunteer under the direction, sponsorship, or supervision of a human service agency or a charitable organization. (b) Any volunteer, who provides volunteer transportation for senior citizens through a charitable organization or human service agency, shall not be individually liable for any civil damages above the policy limits collectable from any policy of insurance that would be obligated to make payment on behalf of the volunteer or on behalf of a person or entity that would be vicariously liable for the volunteer's conduct when liability for civil damages is limited by this section for an injury to the senior citizen arising out of or resulting from the transportation if the volunteer was acting in good faith and within the scope of the volunteer's official actions and duties on behalf of the charitable organization or human service agency, unless the volunteer's conduct constitutes gross negligence or willful and wanton misconduct; provided, that the charitable organization or human service agency is liable for damages and maintains liability insurance coverage at least equal to the minimum limits set forth in § 29-20-403 . Added by 2015 Tenn. Acts, ch. 152, s 2, eff. 7/1/2015.
(a) As used in this section: (1) "Charitable organization" means any charitable unit of a religious or civic group exempt from taxation under 26 U.S.C. § 501 , including those supported wholly or partially by private donations; (2) "Human service agency" means any human service unit, clinic, senior citizens program, congregate meal center, or day care center for the elderly, whether supported wholly or partially by public funds; (3) "Volunteer" means an individual providing volunteer transportation who may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services, but does not receive compensation for the person's time; and (4) "Volunteer transportation" means motor vehicle transportation provided by a volunteer under the direction, sponsorship, or supervision of a human service agency or a charitable organization.
(1) "Charitable organization" means any charitable unit of a religious or civic group exempt from taxation under 26 U.S.C. § 501 , including those supported wholly or partially by private donations;
(2) "Human service agency" means any human service unit, clinic, senior citizens program, congregate meal center, or day care center for the elderly, whether supported wholly or partially by public funds;
(3) "Volunteer" means an individual providing volunteer transportation who may receive reimbursement for actual expenses or an allowance to defray expenses of operating the vehicle used to provide transportation services, but does not receive compensation for the person's time; and
(4) "Volunteer transportation" means motor vehicle transportation provided by a volunteer under the direction, sponsorship, or supervision of a human service agency or a charitable organization.
(b) Any volunteer, who provides volunteer transportation for senior citizens through a charitable organization or human service agency, shall not be individually liable for any civil damages above the policy limits collectable from any policy of insurance that would be obligated to make payment on behalf of the volunteer or on behalf of a person or entity that would be vicariously liable for the volunteer's conduct when liability for civil damages is limited by this section for an injury to the senior citizen arising out of or resulting from the transportation if the volunteer was acting in good faith and within the scope of the volunteer's official actions and duties on behalf of the charitable organization or human service agency, unless the volunteer's conduct constitutes gross negligence or willful and wanton misconduct; provided, that the charitable organization or human service agency is liable for damages and maintains liability insurance coverage at least equal to the minimum limits set forth in § 29-20-403 .
Added by 2015 Tenn. Acts, ch. 152, s 2, eff. 7/1/2015.
Tenn. Code Ann. § 29-5-116 — TN Code / Title 29 / Chapter 5 / Section 29-5-116
Compensation of arbitrators and umpire
Status: in_force

Arbitrators and the umpire, if one, shall be entitled to five dollars ($5.00) for each day they were actually engaged in their duties, or to such greater sum as the parties may have in the submission agreed, or as they may in subsequent writing stipulate. Code 1932, § 9381; T.C.A. (orig. ed.), § 23-516.
Arbitrators and the umpire, if one, shall be entitled to five dollars ($5.00) for each day they were actually engaged in their duties, or to such greater sum as the parties may have in the submission agreed, or as they may in subsequent writing stipulate.
Code 1932, § 9381; T.C.A. (orig. ed.), § 23-516.
Tenn. Code Ann. § 29-5-305 — TN Code / Title 29 / Chapter 5 / Section 29-5-305
Effect of agreement to arbitrate - Nonwaivable provisions
Status: in_force

(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this part to the extent permitted by law. (b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not: (1) Waive or agree to vary the effect of the requirements of § 29-5-306(a) , § 29-5-307(a) , § 29-5-309 , § 29-5-318(a) or (b) , § 29-5-327 , or § 29-5-329 ; (2) Agree to unreasonably restrict the right under § 29-5-310 to notice of the initiation of an arbitration proceeding; (3) Agree to unreasonably restrict the right under § 29-5-313 to disclosure of facts by a neutral arbitrator; or (4) Waive the right under § 29-5-317 of a party to an agreement to arbitrate to be represented by a lawyer at a proceeding or hearing under this part, but an employer or a labor organization may waive the right to representation by a lawyer in a labor arbitration. (c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or § 29-5-304(a) or (c) , § 29-5-308 , § 29-5-315 , § 29-5-319 , § 29-5-321(d) or (e) , § 29-5-323 , § 29-5-324 , § 29-5-325 , § 29-5-326(a) or (b) , § 29-5-330 , § 29-5-331 , § 29-5-332, or § 29-5-333. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
(a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this part to the extent permitted by law.
(b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not: (1) Waive or agree to vary the effect of the requirements of § 29-5-306(a) , § 29-5-307(a) , § 29-5-309 , § 29-5-318(a) or (b) , § 29-5-327 , or § 29-5-329 ; (2) Agree to unreasonably restrict the right under § 29-5-310 to notice of the initiation of an arbitration proceeding; (3) Agree to unreasonably restrict the right under § 29-5-313 to disclosure of facts by a neutral arbitrator; or (4) Waive the right under § 29-5-317 of a party to an agreement to arbitrate to be represented by a lawyer at a proceeding or hearing under this part, but an employer or a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(1) Waive or agree to vary the effect of the requirements of § 29-5-306(a) , § 29-5-307(a) , § 29-5-309 , § 29-5-318(a) or (b) , § 29-5-327 , or § 29-5-329 ;
(2) Agree to unreasonably restrict the right under § 29-5-310 to notice of the initiation of an arbitration proceeding;
(3) Agree to unreasonably restrict the right under § 29-5-313 to disclosure of facts by a neutral arbitrator; or
(4) Waive the right under § 29-5-317 of a party to an agreement to arbitrate to be represented by a lawyer at a proceeding or hearing under this part, but an employer or a labor organization may waive the right to representation by a lawyer in a labor arbitration.
(c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or § 29-5-304(a) or (c) , § 29-5-308 , § 29-5-315 , § 29-5-319 , § 29-5-321(d) or (e) , § 29-5-323 , § 29-5-324 , § 29-5-325 , § 29-5-326(a) or (b) , § 29-5-330 , § 29-5-331 , § 29-5-332, or § 29-5-333.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-18-102 — TN Code / Title 29 / Chapter 18 / Section 29-18-102
Forcible entry and detainer defined - Where action does not lie
Status: in_force

(a) A forcible entry and detainer is where a person, by force or with weapons, or by breaking open the doors, windows, or other parts of the house, whether any person be in it or not, or by any kind of violence whatsoever, enters upon land, tenement, or possession, in the occupation of another, and detains and holds the same; or by threatening to kill, maim, or beat the party in possession; or by such words, circumstances, or actions, as have a natural tendency to excite fear or apprehension of danger; or by putting out of doors or carrying away the goods of the party in possession; or by entering peaceably and then turning or keeping the party out of possession by force or threat or other circumstances of terror. (b) No action for forcible entry and detainer shall lie against any tenant who has paid all rent due for current occupancy of the premises and who is not in violation of any law nor otherwise in breach of the tenant's written lease, but this subsection (b) shall not apply in any manner to farm property, nor shall this subsection (b) be construed to alter or amend any valid lease agreement in effect on May 31, 1979. Code 1858, § 3342 (deriv. Acts 1821, ch. 14, § 2); Shan., § 5091; Code 1932, § 9245; Acts 1979, ch. 421, §§ 1-3; T.C.A. (orig. ed.), § 23-1602.
(a) A forcible entry and detainer is where a person, by force or with weapons, or by breaking open the doors, windows, or other parts of the house, whether any person be in it or not, or by any kind of violence whatsoever, enters upon land, tenement, or possession, in the occupation of another, and detains and holds the same; or by threatening to kill, maim, or beat the party in possession; or by such words, circumstances, or actions, as have a natural tendency to excite fear or apprehension of danger; or by putting out of doors or carrying away the goods of the party in possession; or by entering peaceably and then turning or keeping the party out of possession by force or threat or other circumstances of terror.
(b) No action for forcible entry and detainer shall lie against any tenant who has paid all rent due for current occupancy of the premises and who is not in violation of any law nor otherwise in breach of the tenant's written lease, but this subsection (b) shall not apply in any manner to farm property, nor shall this subsection (b) be construed to alter or amend any valid lease agreement in effect on May 31, 1979.
Code 1858, § 3342 (deriv. Acts 1821, ch. 14, § 2); Shan., § 5091; Code 1932, § 9245; Acts 1979, ch. 421, §§ 1-3; T.C.A. (orig. ed.), § 23-1602.
Tenn. Code Ann. § 29-32-103 — TN Code / Title 29 / Chapter 32 / Section 29-32-103
Endorsement of name of applicant
Status: in_force

When scire facias issues upon the application of any person other than the party of record or the party's attorney, the clerk shall endorse on the back of the scire facias the name of the applicant, who becomes thereby liable for costs. Code 1858, § 3579 (deriv. Acts 1833, ch. 18, § 2); Shan., § 5343; Code 1932, § 9503; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2503.
When scire facias issues upon the application of any person other than the party of record or the party's attorney, the clerk shall endorse on the back of the scire facias the name of the applicant, who becomes thereby liable for costs.
Code 1858, § 3579 (deriv. Acts 1833, ch. 18, § 2); Shan., § 5343; Code 1932, § 9503; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2503.
Tenn. Code Ann. § 29-15-109 — TN Code / Title 29 / Chapter 15 / Section 29-15-109
Parties involved in verdict
Status: in_force

When there are more defendants than one (1), the jury may find the defendants jointly or severally guilty of detaining all or any distinct parcels of the premises, and plaintiff may have judgment against any or all defendants, according to the facts of the case. The verdict may be for plaintiffs, or such of them as appear to have right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof or claimed title thereto at the commencement of the action. Code 1858, §§ 3244, 3246 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4986, 4988; Code 1932, §§ 9134, 9136; T.C.A. (orig. ed.), § 23-1315.
When there are more defendants than one (1), the jury may find the defendants jointly or severally guilty of detaining all or any distinct parcels of the premises, and plaintiff may have judgment against any or all defendants, according to the facts of the case. The verdict may be for plaintiffs, or such of them as appear to have right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof or claimed title thereto at the commencement of the action.
Code 1858, §§ 3244, 3246 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4986, 4988; Code 1932, §§ 9134, 9136; T.C.A. (orig. ed.), § 23-1315.
Tenn. Code Ann. § 29-6-155 — TN Code / Title 29 / Chapter 6 / Section 29-6-155
Judgment on replevy bond
Status: in_force

If the property attached has been replevied by the defendant, the court, upon recovery by the plaintiff, is authorized to render judgment against the defendant and the defendant's sureties in the replevy bond, for the penalty of such bond, but to be satisfied by the payment of the value of the property, with interest from the date of the bond, or by the payment of the plaintiff's demand as ascertained, with interest and costs, or by the forthcoming of the property, as the case may be. Code 1858, § 3535 (deriv. Acts 1843-1844, ch. 29, § 3; 1851-1852, ch. 365, § 12); Shan., § 5295; Code 1932, § 9487; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-655.
If the property attached has been replevied by the defendant, the court, upon recovery by the plaintiff, is authorized to render judgment against the defendant and the defendant's sureties in the replevy bond, for the penalty of such bond, but to be satisfied by the payment of the value of the property, with interest from the date of the bond, or by the payment of the plaintiff's demand as ascertained, with interest and costs, or by the forthcoming of the property, as the case may be.
Code 1858, § 3535 (deriv. Acts 1843-1844, ch. 29, § 3; 1851-1852, ch. 365, § 12); Shan., § 5295; Code 1932, § 9487; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-655.
Tenn. Code Ann. § 29-30-208 — TN Code / Title 29 / Chapter 30 / Section 29-30-208
Judgment for defendant
Status: in_force

If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the value of the property and the damages to be assessed by the jury trying the cause; or, where the plaintiff fails to prosecute, by a jury impaneled for the purpose. Code 1858, § 3390 (deriv. Acts 1845-1846, ch. 65, § 9); Shan., § 5144; Code 1932, § 9299; T.C.A. (orig. ed.), § 23-2319.
If the issue is found for the defendant, or the plaintiff dismisses or fails to prosecute the suit, the judgment shall be that the goods be returned to the defendant, or, on failure, that the defendant recover their value, with interest thereon and damages for the detention, the value of the property and the damages to be assessed by the jury trying the cause; or, where the plaintiff fails to prosecute, by a jury impaneled for the purpose.
Code 1858, § 3390 (deriv. Acts 1845-1846, ch. 65, § 9); Shan., § 5144; Code 1932, § 9299; T.C.A. (orig. ed.), § 23-2319.
Tenn. Code Ann. § 29-21-129 — TN Code / Title 29 / Chapter 21 / Section 29-21-129
Evasion of service
Status: in_force

The attempt to elude the service of the writ of habeas corpus, or to avoid the effect thereof by transferring the plaintiff out of the jurisdiction or to another person, or by concealing the plaintiff, or the place of the plaintiff's confinement, is a Class C misdemeanor. Code 1858, § 3755; Shan., § 5535; mod. Code 1932, § 9705; T.C.A. (orig. ed.), § 23-1838; Acts 1989, ch. 591, § 113.
The attempt to elude the service of the writ of habeas corpus, or to avoid the effect thereof by transferring the plaintiff out of the jurisdiction or to another person, or by concealing the plaintiff, or the place of the plaintiff's confinement, is a Class C misdemeanor.
Code 1858, § 3755; Shan., § 5535; mod. Code 1932, § 9705; T.C.A. (orig. ed.), § 23-1838; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-21-118 — TN Code / Title 29 / Chapter 21 / Section 29-21-118
Waiver of plaintiff's right to be present
Status: in_force

The plaintiff, in writing, or the plaintiff's attorney, may waive the right to be present at the examination, in which case the proceedings may be had in the plaintiff's absence. Code 1858, § 3753; Shan., § 5533; Code 1932, § 9703; T.C.A. (orig. ed.), § 23-1826.
The plaintiff, in writing, or the plaintiff's attorney, may waive the right to be present at the examination, in which case the proceedings may be had in the plaintiff's absence.
Code 1858, § 3753; Shan., § 5533; Code 1932, § 9703; T.C.A. (orig. ed.), § 23-1826.
Tenn. Code Ann. § 29-11-105 — TN Code / Title 29 / Chapter 11 / Section 29-11-105
Effect of release or covenant not to sue upon liability of other tort-feasors
Status: in_force

(a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death: (1) It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and (2) It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor. (b) No evidence of a release or covenant not to sue received by another tort-feasor or payment therefor may be introduced by a defendant at the trial of an action by a claimant for injury or wrongful death, but may be introduced upon motion after judgment to reduce a judgment by the amount stipulated by the release or the covenant or by the amount of the consideration paid for it, whichever is greater. Acts 1968, ch. 575, § 5; T.C.A., § 23-3105.
(a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death: (1) It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and (2) It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.
(1) It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
(2) It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.
(b) No evidence of a release or covenant not to sue received by another tort-feasor or payment therefor may be introduced by a defendant at the trial of an action by a claimant for injury or wrongful death, but may be introduced upon motion after judgment to reduce a judgment by the amount stipulated by the release or the covenant or by the amount of the consideration paid for it, whichever is greater.
Acts 1968, ch. 575, § 5; T.C.A., § 23-3105.
Tenn. Code Ann. § 29-5-208 — TN Code / Title 29 / Chapter 5 / Section 29-5-208
Attendance of witnesses - Production of records and documents - Oaths - Depositions
Status: in_force

(a) The arbitrators may cause to be issued, by the clerk of the court, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. (b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. (c) All laws compelling a person under subpoena to testify are applicable. (d) Fees for attendance as a witness shall be the same as for a witness in circuit courts. Acts 1977, ch. 159, § 1; T.C.A., § 23-532.
(a) The arbitrators may cause to be issued, by the clerk of the court, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.
(b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
(c) All laws compelling a person under subpoena to testify are applicable.
(d) Fees for attendance as a witness shall be the same as for a witness in circuit courts.
Acts 1977, ch. 159, § 1; T.C.A., § 23-532.
Tenn. Code Ann. § 29-20-208 — TN Code / Title 29 / Chapter 20 / Section 29-20-208
Governmental immunity waived for claims against any governmental entity under Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA)
Status: in_force

Immunity from suit of any governmental entity, or any agency, authority, board, branch, commission, division, entity, subdivision, or department of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education, is removed for the purpose of claims against and relief from a governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) ( 38 U.S.C. §§ 4301 - 4334 ). Acts 2014 , ch. 574, § 1.
Immunity from suit of any governmental entity, or any agency, authority, board, branch, commission, division, entity, subdivision, or department of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education, is removed for the purpose of claims against and relief from a governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) ( 38 U.S.C. §§ 4301 - 4334 ).
Acts 2014 , ch. 574, § 1.
Tenn. Code Ann. § 29-38-101 — TN Code / Title 29 / Chapter 38 / Section 29-38-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Drug Dealer Liability Act." Acts 2005, ch. 377, § 1.
This chapter shall be known and may be cited as the "Drug Dealer Liability Act."
Acts 2005, ch. 377, § 1.
Tenn. Code Ann. § 29-8-105 — TN Code / Title 29 / Chapter 8 / Section 29-8-105
Effect
Status: in_force

Any person whose name is thus changed may thereafter be known and designated, sue and be sued, by the new name. Code 1858, § 3639 (deriv. Acts 1827, ch. 16, § 2); Shan., § 5405; Code 1932, § 9564; T.C.A. (orig. ed.), § 23-805.
Any person whose name is thus changed may thereafter be known and designated, sue and be sued, by the new name.
Code 1858, § 3639 (deriv. Acts 1827, ch. 16, § 2); Shan., § 5405; Code 1932, § 9564; T.C.A. (orig. ed.), § 23-805.
Tenn. Code Ann. § 29-6-139 — TN Code / Title 29 / Chapter 6 / Section 29-6-139
Money received on attachment
Status: in_force

Money attached by the officer, or coming to the officer's hands by virtue of the attachment, shall forthwith be paid over to the clerk of the court in which the suit is pending, to be by the clerk retained until the further action of the court. Code 1858, § 3506; Shan., § 5266; Code 1932, § 9457; T.C.A. (orig. ed.), § 23-639.
Money attached by the officer, or coming to the officer's hands by virtue of the attachment, shall forthwith be paid over to the clerk of the court in which the suit is pending, to be by the clerk retained until the further action of the court.
Code 1858, § 3506; Shan., § 5266; Code 1932, § 9457; T.C.A. (orig. ed.), § 23-639.
Tenn. Code Ann. § 29-6-101 — TN Code / Title 29 / Chapter 6 / Section 29-6-101
Grounds for attachment
Status: in_force

Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases: (1) Where the debtor or defendant resides out of the state; (2) Where the debtor or defendant is about to remove, or has removed, the debtor's or defendant's person or property from the state; (3) Where the debtor or defendant has removed, or is removing, the debtor's or defendant's person out of the county privately; (4) Where the debtors or defendants concealed is so that the ordinary process of law cannot be served upon the debtor or defendant; (5) Where the debtor or defendant absconds, or absconded concealing the debtor's or defendant's person or property; (6) Where the debtor or defendant has fraudulently disposed of, or is about fraudulently to dispose of, the property; (7) Where any person liable for any debt or demand, residing out of the state, dies, leaving property in the state; or (8) Where the debtor or defendant is a foreign corporation which has no agent in this state upon whom process may be served by any person bringing suit against such corporation; provided, that the plaintiff or complainant need only make oath of the justness of the claim, that the debtor or defendant is a foreign corporation and that it has no agent in the county where the property sought to be attached is situated upon whom process can be served. Code 1858, § 3455 (deriv. Acts 1794, ch. 1, § 19, 21; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166, § 1; 1843-1844, ch. 29, §1; 1851-1852, ch. 365, § 10); Shan., § 5211; Code 1932, §9396; Acts 1968, ch. 523, § 1 (17.05); T.C.A. (orig. ed.), § 23-601.
Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases:
(1) Where the debtor or defendant resides out of the state;
(2) Where the debtor or defendant is about to remove, or has removed, the debtor's or defendant's person or property from the state;
(3) Where the debtor or defendant has removed, or is removing, the debtor's or defendant's person out of the county privately;
(4) Where the debtors or defendants concealed is so that the ordinary process of law cannot be served upon the debtor or defendant;
(5) Where the debtor or defendant absconds, or absconded concealing the debtor's or defendant's person or property;
(6) Where the debtor or defendant has fraudulently disposed of, or is about fraudulently to dispose of, the property;
(7) Where any person liable for any debt or demand, residing out of the state, dies, leaving property in the state; or
(8) Where the debtor or defendant is a foreign corporation which has no agent in this state upon whom process may be served by any person bringing suit against such corporation; provided, that the plaintiff or complainant need only make oath of the justness of the claim, that the debtor or defendant is a foreign corporation and that it has no agent in the county where the property sought to be attached is situated upon whom process can be served.
Code 1858, § 3455 (deriv. Acts 1794, ch. 1, § 19, 21; 1835-1836, ch. 43, § 1; 1837-1838, ch. 166, § 1; 1843-1844, ch. 29, §1; 1851-1852, ch. 365, § 10); Shan., § 5211; Code 1932, §9396; Acts 1968, ch. 523, § 1 (17.05); T.C.A. (orig. ed.), § 23-601.
Tenn. Code Ann. § 29-13-105 — TN Code / Title 29 / Chapter 13 / Section 29-13-105
Persons eligible for compensation
Status: in_force

(a) Except as otherwise provided, the following person or persons shall be eligible for compensation pursuant to this chapter: (1) A victim of a crime; (2) In the case of the death of the victim, a dependent of the victim; (3) In the case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the death of the victim, a family member of the victim or person who resided with the victim, subject to the order of preference and priority between family members and persons who resided with the victim in accordance with title 40, chapter 38, part 3; (4) In the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses, to: (A) The legal representative of the estate of the victim; or (B) If no estate of the victim is opened, to: (i) Family of the victim, as defined in § 29-13-102 ; (ii) The victim's aunt, uncle, or cousin; or (iii) An individual related to the victim by blood; (5) In the case of the personal injury of the victim, where the compensation is for expenses incurred by any person responsible for the maintenance of that victim, to that person; (6) In the case of a sexually-oriented crime committed against a victim who is under eighteen (18) years of age, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the sexually-oriented crime, any sibling or non-offending custodial parent of the victim, or both; or (7) In the case of domestic assault committed against the victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the crime, any child of the victim who witnesses the crime and who is under eighteen (18) years of age. (b) A person who is criminally responsible for the crime upon which a claim is based, or an accomplice of such person, or anyone who has contributed to the crime in any respect, shall not be eligible to receive an award with respect to a claim under this chapter. (c) No compensation shall be awarded a victim who was, at the time of the personal injury or death, a member of the offender's family, if it is determined that any benefit would accrue, either directly or indirectly, to the offender. This subsection (c) shall not be construed to automatically disqualify a victim who was a member of the offender's family at the time of the injury or death. (d) A person who has been convicted of an offense under federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense shall not be eligible to receive an award with respect to a claim under this chapter. This subsection (d) shall not apply until the date on which the United States attorney general, in consultation with the director of the administrative office of the United States courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law. Amended by 2024 Tenn. Acts, ch. 904,s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 176, s 1, eff. 4/17/2023. Acts 1976, ch. 736, § 5; T.C.A., §§ 23-3505, 23-35-105; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 4; 1990, ch. 755, §§ 4, 5; 1997 , ch. 302, § 4; 2004, ch. 918, §§ 1 - 3; 2008 , ch. 1043, § 3.
(a) Except as otherwise provided, the following person or persons shall be eligible for compensation pursuant to this chapter: (1) A victim of a crime; (2) In the case of the death of the victim, a dependent of the victim; (3) In the case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the death of the victim, a family member of the victim or person who resided with the victim, subject to the order of preference and priority between family members and persons who resided with the victim in accordance with title 40, chapter 38, part 3; (4) In the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses, to: (A) The legal representative of the estate of the victim; or (B) If no estate of the victim is opened, to: (i) Family of the victim, as defined in § 29-13-102 ; (ii) The victim's aunt, uncle, or cousin; or (iii) An individual related to the victim by blood; (5) In the case of the personal injury of the victim, where the compensation is for expenses incurred by any person responsible for the maintenance of that victim, to that person; (6) In the case of a sexually-oriented crime committed against a victim who is under eighteen (18) years of age, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the sexually-oriented crime, any sibling or non-offending custodial parent of the victim, or both; or (7) In the case of domestic assault committed against the victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the crime, any child of the victim who witnesses the crime and who is under eighteen (18) years of age.
(1) A victim of a crime;
(2) In the case of the death of the victim, a dependent of the victim;
(3) In the case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the death of the victim, a family member of the victim or person who resided with the victim, subject to the order of preference and priority between family members and persons who resided with the victim in accordance with title 40, chapter 38, part 3;
(4) In the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses, to: (A) The legal representative of the estate of the victim; or (B) If no estate of the victim is opened, to: (i) Family of the victim, as defined in § 29-13-102 ; (ii) The victim's aunt, uncle, or cousin; or (iii) An individual related to the victim by blood;
(A) The legal representative of the estate of the victim; or
(B) If no estate of the victim is opened, to: (i) Family of the victim, as defined in § 29-13-102 ; (ii) The victim's aunt, uncle, or cousin; or (iii) An individual related to the victim by blood;
(i) Family of the victim, as defined in § 29-13-102 ;
(ii) The victim's aunt, uncle, or cousin; or
(iii) An individual related to the victim by blood;
(5) In the case of the personal injury of the victim, where the compensation is for expenses incurred by any person responsible for the maintenance of that victim, to that person;
(6) In the case of a sexually-oriented crime committed against a victim who is under eighteen (18) years of age, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the sexually-oriented crime, any sibling or non-offending custodial parent of the victim, or both; or
(7) In the case of domestic assault committed against the victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the crime, any child of the victim who witnesses the crime and who is under eighteen (18) years of age.
(b) A person who is criminally responsible for the crime upon which a claim is based, or an accomplice of such person, or anyone who has contributed to the crime in any respect, shall not be eligible to receive an award with respect to a claim under this chapter.
(c) No compensation shall be awarded a victim who was, at the time of the personal injury or death, a member of the offender's family, if it is determined that any benefit would accrue, either directly or indirectly, to the offender. This subsection (c) shall not be construed to automatically disqualify a victim who was a member of the offender's family at the time of the injury or death.
(d) A person who has been convicted of an offense under federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense shall not be eligible to receive an award with respect to a claim under this chapter. This subsection (d) shall not apply until the date on which the United States attorney general, in consultation with the director of the administrative office of the United States courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law.
Amended by 2024 Tenn. Acts, ch. 904,s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 176, s 1, eff. 4/17/2023.
Acts 1976, ch. 736, § 5; T.C.A., §§ 23-3505, 23-35-105; Acts 1986, ch. 911, § 3; 1989, ch. 129, § 4; 1990, ch. 755, §§ 4, 5; 1997 , ch. 302, § 4; 2004, ch. 918, §§ 1 - 3; 2008 , ch. 1043, § 3.
Tenn. Code Ann. § 29-15-102 — TN Code / Title 29 / Chapter 15 / Section 29-15-102
Right to ejectment
Status: in_force

Any person having a valid subsisting legal interest in real property, and a right to the immediate possession thereof, may recover the same by an action of ejectment. Code 1858, § 3229; Shan., § 4970; Code 1932, § 9118; T.C.A. (orig. ed.), § 23-1302.
Any person having a valid subsisting legal interest in real property, and a right to the immediate possession thereof, may recover the same by an action of ejectment.
Code 1858, § 3229; Shan., § 4970; Code 1932, § 9118; T.C.A. (orig. ed.), § 23-1302.
Tenn. Code Ann. § 29-7-106 — TN Code / Title 29 / Chapter 7 / Section 29-7-106
Return of notice
Status: in_force

A copy of the notice served upon the garnishee should be returned by the officer, with the attachment and levy, duly executed. Code 1858, § 3481 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5241; Code 1932, § 9432; T.C.A. (orig. ed.), § 23-706.
A copy of the notice served upon the garnishee should be returned by the officer, with the attachment and levy, duly executed.
Code 1858, § 3481 (deriv. Acts 1794, ch. 1, § 22); Shan., § 5241; Code 1932, § 9432; T.C.A. (orig. ed.), § 23-706.
Tenn. Code Ann. § 29-18-128 — TN Code / Title 29 / Chapter 18 / Section 29-18-128
Appeal
Status: in_force

An appeal will also lie in suits commenced before general sessions judges, under this chapter, within the ten (10) days allowed by § 27-5-108 , as in other cases, the appellant, if the defendant, giving bond as required by law. Amended by 2024 Tenn. Acts, ch. 755,s 2, eff. 7/1/2024. Code 1858, § 3360 (deriv. Acts 1849-1850, ch. 74, § 1); Shan., §5108; Code 1932, § 9263; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1630; Acts 1989, ch. 20, § 1.
An appeal will also lie in suits commenced before general sessions judges, under this chapter, within the ten (10) days allowed by § 27-5-108 , as in other cases, the appellant, if the defendant, giving bond as required by law.
Amended by 2024 Tenn. Acts, ch. 755,s 2, eff. 7/1/2024.
Code 1858, § 3360 (deriv. Acts 1849-1850, ch. 74, § 1); Shan., §5108; Code 1932, § 9263; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1630; Acts 1989, ch. 20, § 1.
Tenn. Code Ann. § 29-20-402 — TN Code / Title 29 / Chapter 20 / Section 29-20-402
Authority to levy tax
Status: in_force

Notwithstanding law or charter to the contrary, all governmental entities having the power to tax shall have authority to levy an annual property tax in the amount necessary to pay all claims, settlements, or judgments secured pursuant to the provisions hereof, or to pay the costs to defend against same, or for the purpose of establishing and maintaining a reserve or special fund as the same may be established pursuant to § 29-20-401 for the payment of such claims, settlements, or judgment as may be reasonably anticipated, or to pay the premium for such insurance as herein authorized, including insurance provided for in § 29-20-406 , even though as a result of such levy the maximum levy as otherwise restricted by law is exceeded thereby; provided, that in no event shall the revenues derived therefrom be used for any other purpose than those stipulated herein. Acts 1973, ch. 345, § 23; 1979, ch. 282, § 2; T.C.A., § 23-3326.
Notwithstanding law or charter to the contrary, all governmental entities having the power to tax shall have authority to levy an annual property tax in the amount necessary to pay all claims, settlements, or judgments secured pursuant to the provisions hereof, or to pay the costs to defend against same, or for the purpose of establishing and maintaining a reserve or special fund as the same may be established pursuant to § 29-20-401 for the payment of such claims, settlements, or judgment as may be reasonably anticipated, or to pay the premium for such insurance as herein authorized, including insurance provided for in § 29-20-406 , even though as a result of such levy the maximum levy as otherwise restricted by law is exceeded thereby; provided, that in no event shall the revenues derived therefrom be used for any other purpose than those stipulated herein.
Acts 1973, ch. 345, § 23; 1979, ch. 282, § 2; T.C.A., § 23-3326.
Tenn. Code Ann. § 29-21-125 — TN Code / Title 29 / Chapter 21 / Section 29-21-125
Costs - General rule
Status: in_force

The costs of proceedings under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other cases. Code 1858, § 3762; Shan., § 5542; Code 1932, § 9712; T.C.A. (orig. ed.), § 23-1834.
The costs of proceedings under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other cases.
Code 1858, § 3762; Shan., § 5542; Code 1932, § 9712; T.C.A. (orig. ed.), § 23-1834.
Tenn. Code Ann. § 29-31-102 — TN Code / Title 29 / Chapter 31 / Section 29-31-102
Application - Process - Appearance to resist application
Status: in_force

(a) The application therefor shall be made in writing by the minor by next friend, and shall state the age of such minor and the names and places of residence of the minor's parents, and if the minor has no parents, the names and places of residence of two (2) of the minor's nearest kin, within the third degree, computed according to the civil law, and the reason on which the removal of the disability is sought. (b) When such petition shall be filed, the clerk of the court shall issue proper process as in other cases, to make the proper parties defendant, the same to be executed and returned as in other cases. (c) Any person so made a party or other relative or friend of the minor, may appear and resist the application. Acts 1915, ch. 162, § 2; Shan., § 6106a4; mod. Code 1932, §10371; T.C.A. (orig. ed.), § 23-1202.
(a) The application therefor shall be made in writing by the minor by next friend, and shall state the age of such minor and the names and places of residence of the minor's parents, and if the minor has no parents, the names and places of residence of two (2) of the minor's nearest kin, within the third degree, computed according to the civil law, and the reason on which the removal of the disability is sought.
(b) When such petition shall be filed, the clerk of the court shall issue proper process as in other cases, to make the proper parties defendant, the same to be executed and returned as in other cases.
(c) Any person so made a party or other relative or friend of the minor, may appear and resist the application.
Acts 1915, ch. 162, § 2; Shan., § 6106a4; mod. Code 1932, §10371; T.C.A. (orig. ed.), § 23-1202.
Tenn. Code Ann. § 29-20-103 — TN Code / Title 29 / Chapter 20 / Section 29-20-103
Application of chapter
Status: in_force

(a) (1) Any governmental entity may exempt itself from this chapter by action of its legislative body if such action is taken by January 1, 1975; provided, that §§ 7-31-103 , 7-31-112 , [former] 7-51-202 [repealed] and 7-51-203, shall apply to any governmental entity exempting itself from this chapter. (2) Any governmental entity exempting itself from this chapter may by resolution of its governing body elect at any time to come under this chapter, provided, that this chapter would only apply to claims or actions arising after the effective date of such resolution. (b) After January 1, 1976, this chapter shall apply to all governmental entities as defined herein, provided that as to those governmental entities exempting themselves, as provided for in the preceding subsection, this chapter will only apply to claims or actions arising after January 1, 1976. (c) Nothing in this chapter shall be deemed to deprive any person of any cause of action or damages to which they are otherwise entitled arising under the federal Civil Rights Acts of 1871 and 1964, as amended. Acts 1973, ch. 345, § 31; 1974, ch. 780, § 1; 1975, ch. 252, § 1; T.C.A., § 23-3303; Acts 1987, ch. 405, § 9.
(a) (1) Any governmental entity may exempt itself from this chapter by action of its legislative body if such action is taken by January 1, 1975; provided, that §§ 7-31-103 , 7-31-112 , [former] 7-51-202 [repealed] and 7-51-203, shall apply to any governmental entity exempting itself from this chapter. (2) Any governmental entity exempting itself from this chapter may by resolution of its governing body elect at any time to come under this chapter, provided, that this chapter would only apply to claims or actions arising after the effective date of such resolution.
(1) Any governmental entity may exempt itself from this chapter by action of its legislative body if such action is taken by January 1, 1975; provided, that §§ 7-31-103 , 7-31-112 , [former] 7-51-202 [repealed] and 7-51-203, shall apply to any governmental entity exempting itself from this chapter.
(2) Any governmental entity exempting itself from this chapter may by resolution of its governing body elect at any time to come under this chapter, provided, that this chapter would only apply to claims or actions arising after the effective date of such resolution.
(b) After January 1, 1976, this chapter shall apply to all governmental entities as defined herein, provided that as to those governmental entities exempting themselves, as provided for in the preceding subsection, this chapter will only apply to claims or actions arising after January 1, 1976.
(c) Nothing in this chapter shall be deemed to deprive any person of any cause of action or damages to which they are otherwise entitled arising under the federal Civil Rights Acts of 1871 and 1964, as amended.
Acts 1973, ch. 345, § 31; 1974, ch. 780, § 1; 1975, ch. 252, § 1; T.C.A., § 23-3303; Acts 1987, ch. 405, § 9.
Tenn. Code Ann. § 29-15-111 — TN Code / Title 29 / Chapter 15 / Section 29-15-111
Expiration of plaintiff's right
Status: in_force

If the right of the plaintiff expire after the commencement of the suit and before trial, the verdict shall be according to the facts, and judgment shall be entered for damages for the withholding of the premises by the defendant; and as to the premises, the judgment shall be that the defendant go hence without delay. Code 1858, § 3248 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §4990; Code 1932, § 9138; T.C.A. (orig. ed.), § 23-1317.
If the right of the plaintiff expire after the commencement of the suit and before trial, the verdict shall be according to the facts, and judgment shall be entered for damages for the withholding of the premises by the defendant; and as to the premises, the judgment shall be that the defendant go hence without delay.
Code 1858, § 3248 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §4990; Code 1932, § 9138; T.C.A. (orig. ed.), § 23-1317.
Tenn. Code Ann. § 29-26-202 — TN Code / Title 29 / Chapter 26 / Section 29-26-202
Intent
Status: in_force

It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing significant liability upon any therapist who engages in this type of misconduct. This is necessary due to the inadequacy of the current system of health care liability where the statute of limitations fails to address the specific problems associated with sexual misconduct by a therapist. This part also clarifies the legal landscape and attempts to prevent most instances of sexual misconduct by making employers liable if they refuse to take simple and reasonable steps to avoid endangering their patients. Acts 1995, ch. 463, § 2; 2012, ch. 798, § 15.
It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing significant liability upon any therapist who engages in this type of misconduct. This is necessary due to the inadequacy of the current system of health care liability where the statute of limitations fails to address the specific problems associated with sexual misconduct by a therapist. This part also clarifies the legal landscape and attempts to prevent most instances of sexual misconduct by making employers liable if they refuse to take simple and reasonable steps to avoid endangering their patients.
Acts 1995, ch. 463, § 2; 2012, ch. 798, § 15.
Tenn. Code Ann. § 29-18-101 — TN Code / Title 29 / Chapter 18 / Section 29-18-101
Unlawful entry prohibited
Status: in_force

No person shall enter upon any lands, tenements, or other possessions, and detain or hold the same, but where entry is given by law, and then only in a peaceable manner. Code 1858, § 3341 (deriv. Acts 1821, ch. 14, § 1); Shan., § 5090; Code 1932, § 9244; T.C.A. (orig. ed.), § 23-1601.
No person shall enter upon any lands, tenements, or other possessions, and detain or hold the same, but where entry is given by law, and then only in a peaceable manner.
Code 1858, § 3341 (deriv. Acts 1821, ch. 14, § 1); Shan., § 5090; Code 1932, § 9244; T.C.A. (orig. ed.), § 23-1601.
Tenn. Code Ann. § 29-6-141 — TN Code / Title 29 / Chapter 6 / Section 29-6-141
Perishable property
Status: in_force

(a) Perishable property may be sold by order of the court before whom the suit is pending, unless replevied by the defendant. (b) If any, or all, of the property is of so perishable a nature, or so expensive, as to render a sale necessary for the interest of the parties, before the officer can make the return, the officer may sell the same, upon advertisement as in the case of execution sales, and make return of the facts with the proceeds of sale. Code 1858, §§ 3504, 3505 (deriv. Acts 1835-1836, ch. 43, § 4; 1845-1846, ch. 108, § 5); Shan., §§ 5264, 5265; mod. Code 1932, §§ 9455, 9456; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-641.
(a) Perishable property may be sold by order of the court before whom the suit is pending, unless replevied by the defendant.
(b) If any, or all, of the property is of so perishable a nature, or so expensive, as to render a sale necessary for the interest of the parties, before the officer can make the return, the officer may sell the same, upon advertisement as in the case of execution sales, and make return of the facts with the proceeds of sale.
Code 1858, §§ 3504, 3505 (deriv. Acts 1835-1836, ch. 43, § 4; 1845-1846, ch. 108, § 5); Shan., §§ 5264, 5265; mod. Code 1932, §§ 9455, 9456; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-641.
Tenn. Code Ann. § 29-7-113 — TN Code / Title 29 / Chapter 7 / Section 29-7-113
Execution on maturity of debt
Status: in_force

If the debt of the garnishee to the defendant is not due, execution will be suspended until its maturity. Code 1858, § 3485 (deriv. Acts 1835-1836, ch. 43, § 7); Shan., §5245; Code 1932, § 9436; T.C.A. (orig. ed.), § 23-713.
If the debt of the garnishee to the defendant is not due, execution will be suspended until its maturity.
Code 1858, § 3485 (deriv. Acts 1835-1836, ch. 43, § 7); Shan., §5245; Code 1932, § 9436; T.C.A. (orig. ed.), § 23-713.
Tenn. Code Ann. § 29-26-203 — TN Code / Title 29 / Chapter 26 / Section 29-26-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Claimant" means any of the following: (A) The victim; (B) The parents of the victim where the victim is still a minor; (C) The legal guardian of the victim if the victim is not competent to assert such victim's legal rights; or (D) The spouse of the victim where the sexual misconduct occurred while the spouse and the victim were married; (2) "Deception" means the representation that sexual actions are part of or consistent with the patient's treatment by the therapist; (3) "Emotionally dependent" means that the patient's emotional condition is such that the therapist knows or has reason to know that the patient is not competent to give consent to sexual advances due to the relationship which the therapist and patient have developed in the course of treatment by the therapist; (4) "Employer" means any person or entity that employs any therapist for the purpose of providing therapy; (5) "Patient" means a person who has obtained therapy from a therapist. For purposes of this part, "patient" encompasses both current and former patients of a therapist; (6) "Sexual behavior" means sexual activity of the victim other than the sexual act or acts at issue in the case; (7) (A) "Sexual misconduct" means any of the following, regardless of the consent of the patient: (i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification; (ii) Any intrusion into an opening of the therapist's body by any part of the patient's body, or an object used by the patient to effect an intrusion for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence; (iii) Touching of the patient's body by the therapist for the purpose of sexual arousal or gratification; or (iv) Touching of the therapist's body by the patient for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence; (B) Sexual misconduct includes attempts by the therapist to engage in the conduct described in subdivisions (7)(A)(i) - (iv), inclusive; and (C) Conduct which is part of standard medical treatment shall not constitute sexual misconduct if the therapist is legally permitted and qualified to perform such medical treatment; (8) "Therapist" means any person who performs therapy regardless of whether the person is licensed by the state; and (9) "Therapy" means action by a person who represents that the person is and does practice the professional treatment, assessment, or counseling of a mental or emotional disorder, illness, condition or symptom. "Therapy" includes, but is not limited to, marital counseling, substance abuse treatment, and family counseling. Therapy begins the first time the patient seeks the therapist's assistance as a therapist. "Therapy" includes services provided without charge if they otherwise meet the definition. Acts 1995, ch. 463, § 3.
As used in this part, unless the context otherwise requires:
(1) "Claimant" means any of the following: (A) The victim; (B) The parents of the victim where the victim is still a minor; (C) The legal guardian of the victim if the victim is not competent to assert such victim's legal rights; or (D) The spouse of the victim where the sexual misconduct occurred while the spouse and the victim were married;
(A) The victim;
(B) The parents of the victim where the victim is still a minor;
(C) The legal guardian of the victim if the victim is not competent to assert such victim's legal rights; or
(D) The spouse of the victim where the sexual misconduct occurred while the spouse and the victim were married;
(2) "Deception" means the representation that sexual actions are part of or consistent with the patient's treatment by the therapist;
(3) "Emotionally dependent" means that the patient's emotional condition is such that the therapist knows or has reason to know that the patient is not competent to give consent to sexual advances due to the relationship which the therapist and patient have developed in the course of treatment by the therapist;
(4) "Employer" means any person or entity that employs any therapist for the purpose of providing therapy;
(5) "Patient" means a person who has obtained therapy from a therapist. For purposes of this part, "patient" encompasses both current and former patients of a therapist;
(6) "Sexual behavior" means sexual activity of the victim other than the sexual act or acts at issue in the case;
(7) (A) "Sexual misconduct" means any of the following, regardless of the consent of the patient: (i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification; (ii) Any intrusion into an opening of the therapist's body by any part of the patient's body, or an object used by the patient to effect an intrusion for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence; (iii) Touching of the patient's body by the therapist for the purpose of sexual arousal or gratification; or (iv) Touching of the therapist's body by the patient for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence; (B) Sexual misconduct includes attempts by the therapist to engage in the conduct described in subdivisions (7)(A)(i) - (iv), inclusive; and (C) Conduct which is part of standard medical treatment shall not constitute sexual misconduct if the therapist is legally permitted and qualified to perform such medical treatment;
(A) "Sexual misconduct" means any of the following, regardless of the consent of the patient: (i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification; (ii) Any intrusion into an opening of the therapist's body by any part of the patient's body, or an object used by the patient to effect an intrusion for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence; (iii) Touching of the patient's body by the therapist for the purpose of sexual arousal or gratification; or (iv) Touching of the therapist's body by the patient for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
(i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification;
(ii) Any intrusion into an opening of the therapist's body by any part of the patient's body, or an object used by the patient to effect an intrusion for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
(iii) Touching of the patient's body by the therapist for the purpose of sexual arousal or gratification; or
(iv) Touching of the therapist's body by the patient for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
(B) Sexual misconduct includes attempts by the therapist to engage in the conduct described in subdivisions (7)(A)(i) - (iv), inclusive; and
(C) Conduct which is part of standard medical treatment shall not constitute sexual misconduct if the therapist is legally permitted and qualified to perform such medical treatment;
(8) "Therapist" means any person who performs therapy regardless of whether the person is licensed by the state; and
(9) "Therapy" means action by a person who represents that the person is and does practice the professional treatment, assessment, or counseling of a mental or emotional disorder, illness, condition or symptom. "Therapy" includes, but is not limited to, marital counseling, substance abuse treatment, and family counseling. Therapy begins the first time the patient seeks the therapist's assistance as a therapist. "Therapy" includes services provided without charge if they otherwise meet the definition.
Acts 1995, ch. 463, § 3.
Tenn. Code Ann. § 29-17-911 — TN Code / Title 29 / Chapter 17 / Section 29-17-911
Removal or destruction of a building or structure on land
Status: in_force

When any building or structure is situated wholly or in part upon the land sought to be acquired, the condemner may remove the same to adjoining land of the owner or may divide the same upon the line between the land sought to be acquired and the adjoining land, or may tear down or otherwise dispose of the same. Acts 1959, ch. 216, § 11; T.C.A., § 23-1538; T.C.A. § 29-17-811; Acts 2006, ch. 863, § 1.
When any building or structure is situated wholly or in part upon the land sought to be acquired, the condemner may remove the same to adjoining land of the owner or may divide the same upon the line between the land sought to be acquired and the adjoining land, or may tear down or otherwise dispose of the same.
Acts 1959, ch. 216, § 11; T.C.A., § 23-1538; T.C.A. § 29-17-811; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-35-115 — TN Code / Title 29 / Chapter 35 / Section 29-35-115
Issues of fact
Status: in_force

Such issues of fact as may become necessary to try by jury in the progress of the cause shall be made up under the direction of the court, and submitted to a jury impaneled forthwith. Code 1858, § 3416 (deriv. Acts 1845-1846, ch. 55, § 6); Shan., §5172; Code 1932, § 9343; T.C.A. (orig. ed.), § 23-2815.
Such issues of fact as may become necessary to try by jury in the progress of the cause shall be made up under the direction of the court, and submitted to a jury impaneled forthwith.
Code 1858, § 3416 (deriv. Acts 1845-1846, ch. 55, § 6); Shan., §5172; Code 1932, § 9343; T.C.A. (orig. ed.), § 23-2815.
Tenn. Code Ann. § 29-25-109 — TN Code / Title 29 / Chapter 25 / Section 29-25-109
Costs
Status: in_force

The costs and fees in mandamus cases are the same as those prescribed by law for similar services in chancery proceedings. Code 1858, § 3575 (deriv. Acts 1831, ch. 51, § 8); Shan., § 5339; Code 1932, § 9499; T.C.A. (orig. ed.), § 23-2009.
The costs and fees in mandamus cases are the same as those prescribed by law for similar services in chancery proceedings.
Code 1858, § 3575 (deriv. Acts 1831, ch. 51, § 8); Shan., § 5339; Code 1932, § 9499; T.C.A. (orig. ed.), § 23-2009.
Tenn. Code Ann. § 29-7-103 — TN Code / Title 29 / Chapter 7 / Section 29-7-103
Method of effecting - Answer
Status: in_force

(a) Attachment by garnishment is effected by informing the debtor of the defendant, or person holding the property of the defendant, that the property in the defendant's hands, or the hands of the person holding the property of the defendant, is attached, and by leaving with the defendant or such other person a written notice that the defendant or such other person is required to appear at the return term of the attachment, or before a judge of the court of general sessions, at a time and place fixed, to answer such questions as may be asked the defendant or such other person touching the property and effects of the defendant. (b) The garnishee may appear and make an answer initially either in person or by filing a written answer. Code 1858, § 3479 (deriv. Acts 1794, ch. 1, § 22; 1815, ch. 20, §§1, 3); Shan., § 5239; Code 1932, § 9430; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-703; Acts 1986, ch. 761, § 2.
(a) Attachment by garnishment is effected by informing the debtor of the defendant, or person holding the property of the defendant, that the property in the defendant's hands, or the hands of the person holding the property of the defendant, is attached, and by leaving with the defendant or such other person a written notice that the defendant or such other person is required to appear at the return term of the attachment, or before a judge of the court of general sessions, at a time and place fixed, to answer such questions as may be asked the defendant or such other person touching the property and effects of the defendant.
(b) The garnishee may appear and make an answer initially either in person or by filing a written answer.
Code 1858, § 3479 (deriv. Acts 1794, ch. 1, § 22; 1815, ch. 20, §§1, 3); Shan., § 5239; Code 1932, § 9430; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-703; Acts 1986, ch. 761, § 2.
Tenn. Code Ann. § 29-8-102 — TN Code / Title 29 / Chapter 8 / Section 29-8-102
Petition
Status: in_force

The application to change the name or to correct an error in a birth certificate shall be by petition, in writing, signed by the applicant and verified by affidavit, stating that the applicant is a resident of the county, and giving the applicant's reasons for desiring the change or correction. Code 1858, § 3637 (deriv. Acts 1827, ch. 16, § 1); Shan., § 5403; Code 1932, § 9562; impl. am. Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-802.
The application to change the name or to correct an error in a birth certificate shall be by petition, in writing, signed by the applicant and verified by affidavit, stating that the applicant is a resident of the county, and giving the applicant's reasons for desiring the change or correction.
Code 1858, § 3637 (deriv. Acts 1827, ch. 16, § 1); Shan., § 5403; Code 1932, § 9562; impl. am. Acts 1978, ch. 661, § 1; T.C.A. (orig. ed.), § 23-802.
Tenn. Code Ann. § 29-18-106 — TN Code / Title 29 / Chapter 18 / Section 29-18-106
Alternative actions
Status: in_force

Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought. Code 1858, § 2750; Shan., § 4441; Code 1932, § 8567; T.C.A. (orig. ed.), § 23-1606.
Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought.
Code 1858, § 2750; Shan., § 4441; Code 1932, § 8567; T.C.A. (orig. ed.), § 23-1606.
Tenn. Code Ann. § 29-34-201 — TN Code / Title 29 / Chapter 34 / Section 29-34-201
Injuries suffered in committing or attempting to commit felony on property of another - Recovery barred - Scope of immunity for one injuring a perpetrator of a criminal offense
Status: in_force

(a) Any person who is injured while committing a felony or attempting to commit a felony on the real property of another is barred from recovery of actual or punitive damages resulting from injuries, either accidentally or intentionally inflicted by the owner, lawful occupier or tenant of such property, which the person receives while committing or attempting to commit a felony. (b) (1) A person who accidentally or intentionally causes property damage to or inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune from civil liability for or the payment of monetary damages from such person's actions if at the time such damage, injury or death occurred: (A) The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and (B) The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10). (2) The immunity conferred by this subsection (b) shall only apply to property damage caused to or injury or death inflicted upon a perpetrator of an enumerated offense and only under the conditions set out in this subsection (b). Such immunity shall not be construed to extend to property damage caused to or injury or death inflicted upon a bystander or other person who is not the perpetrator of an enumerated offense. (c) The offenses for which such immunity applies are: (1) Any criminal homicide; (2) Aggravated rape; (3) Kidnapping; (4) Aggravated kidnapping; (5) Especially aggravated kidnapping; (6) Especially aggravated burglary; (7) Aggravated robbery; (8) Especially aggravated robbery; (9) Carjacking; and (10) Attempt to commit first or second degree murder. Acts 1971, ch. 177, § 1; T.C.A., §§ 23-3003, 29-34-103; Acts 1999, ch. 268, § 2.
(a) Any person who is injured while committing a felony or attempting to commit a felony on the real property of another is barred from recovery of actual or punitive damages resulting from injuries, either accidentally or intentionally inflicted by the owner, lawful occupier or tenant of such property, which the person receives while committing or attempting to commit a felony.
(b) (1) A person who accidentally or intentionally causes property damage to or inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune from civil liability for or the payment of monetary damages from such person's actions if at the time such damage, injury or death occurred: (A) The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and (B) The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10). (2) The immunity conferred by this subsection (b) shall only apply to property damage caused to or injury or death inflicted upon a perpetrator of an enumerated offense and only under the conditions set out in this subsection (b). Such immunity shall not be construed to extend to property damage caused to or injury or death inflicted upon a bystander or other person who is not the perpetrator of an enumerated offense.
(1) A person who accidentally or intentionally causes property damage to or inflicts injury or death upon the perpetrator of a criminal offense is absolutely immune from civil liability for or the payment of monetary damages from such person's actions if at the time such damage, injury or death occurred: (A) The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and (B) The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10).
(A) The person was preventing or attempting to prevent the perpetrator from committing the offense or was apprehending the perpetrator of the offense; and
(B) The perpetrator was committing one (1) or more of the offenses specified in subdivisions (c)(1)-(9) or was attempting to commit one (1) or more of the offenses specified in subdivision (c)(10).
(2) The immunity conferred by this subsection (b) shall only apply to property damage caused to or injury or death inflicted upon a perpetrator of an enumerated offense and only under the conditions set out in this subsection (b). Such immunity shall not be construed to extend to property damage caused to or injury or death inflicted upon a bystander or other person who is not the perpetrator of an enumerated offense.
(c) The offenses for which such immunity applies are: (1) Any criminal homicide; (2) Aggravated rape; (3) Kidnapping; (4) Aggravated kidnapping; (5) Especially aggravated kidnapping; (6) Especially aggravated burglary; (7) Aggravated robbery; (8) Especially aggravated robbery; (9) Carjacking; and (10) Attempt to commit first or second degree murder.
(1) Any criminal homicide;
(2) Aggravated rape;
(3) Kidnapping;
(4) Aggravated kidnapping;
(5) Especially aggravated kidnapping;
(6) Especially aggravated burglary;
(7) Aggravated robbery;
(8) Especially aggravated robbery;
(9) Carjacking; and
(10) Attempt to commit first or second degree murder.
Acts 1971, ch. 177, § 1; T.C.A., §§ 23-3003, 29-34-103; Acts 1999, ch. 268, § 2.
Tenn. Code Ann. § 29-23-202 — TN Code / Title 29 / Chapter 23 / Section 29-23-202
Contents of application for injunction
Status: in_force

The party applying for relief in such case shall distinctly state how, when, and to whom the debt or any part of the debt secured aforementioned has been paid, or any circumstances of fraud which vitiate the contract. Acts 1873, ch. 10, § 2; Shan., § 6250; Code 1932, § 10536; T.C.A. (orig. ed.), § 23-2402.
The party applying for relief in such case shall distinctly state how, when, and to whom the debt or any part of the debt secured aforementioned has been paid, or any circumstances of fraud which vitiate the contract.
Acts 1873, ch. 10, § 2; Shan., § 6250; Code 1932, § 10536; T.C.A. (orig. ed.), § 23-2402.
Tenn. Code Ann. § 29-25-103 — TN Code / Title 29 / Chapter 25 / Section 29-25-103
Court to which writ returnable
Status: in_force

The writ is returnable to the court of the county in which the land lies, in all cases where land is the subject of controversy, and in all other cases to the court of the county where the defendant resides, or, if against a public officer or corporation, in the county in which the office is kept or corporation does business. Code 1858, § 3568 (deriv. Acts 1831, ch. 51, § 2); Shan., §5332; mod. Code 1932, § 9492; T.C.A. (orig. ed.), § 23-2003.
The writ is returnable to the court of the county in which the land lies, in all cases where land is the subject of controversy, and in all other cases to the court of the county where the defendant resides, or, if against a public officer or corporation, in the county in which the office is kept or corporation does business.
Code 1858, § 3568 (deriv. Acts 1831, ch. 51, § 2); Shan., §5332; mod. Code 1932, § 9492; T.C.A. (orig. ed.), § 23-2003.
Tenn. Code Ann. § 29-18-124 — TN Code / Title 29 / Chapter 18 / Section 29-18-124
Form of judgment for plaintiff
Status: in_force

The judgment for the plaintiff should be endorsed on the warrant or annexed thereto, substantially to the following effect: A B Judgment for the plaintiff, that plaintiff be restored to possession of the land v. described in the within warrant, and that a writ of possession C D or restitution issue therefor, and also for the costs of suit. This ____________________ day of ____________________, 20____________________. E F, G.S.J. Code 1858, § 3357 (deriv. Acts 1841-1842, ch. 186, § 3); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5106; Code 1932, §9260; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1626.
The judgment for the plaintiff should be endorsed on the warrant or annexed thereto, substantially to the following effect:
A B Judgment for the plaintiff, that plaintiff be restored to possession
of the land
v. described in the within warrant, and that a writ of possession
C D or restitution issue therefor, and also for the costs of suit. This
____________________ day of ____________________, 20____________________. E F, G.S.J.
Code 1858, § 3357 (deriv. Acts 1841-1842, ch. 186, § 3); impl. am. Acts 1879, ch. 23, § 1; Shan., § 5106; Code 1932, §9260; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1626.
Tenn. Code Ann. § 29-21-113 — TN Code / Title 29 / Chapter 21 / Section 29-21-113
Arrest of defendant
Status: in_force

If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is returnable. In order to make such arrest, the sheriff, or other person having the writ, has the same power as is given to a sheriff for the arrest of a person charged with a felony. Code 1858, §§ 3734, 3735; Shan., §§ 5514, 5515; Code 1932, §§ 9684, 9685; T.C.A. (orig. ed.), § 23-1817.
If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is returnable. In order to make such arrest, the sheriff, or other person having the writ, has the same power as is given to a sheriff for the arrest of a person charged with a felony.
Code 1858, §§ 3734, 3735; Shan., §§ 5514, 5515; Code 1932, §§ 9684, 9685; T.C.A. (orig. ed.), § 23-1817.
Tenn. Code Ann. § 29-34-208 — TN Code / Title 29 / Chapter 34 / Section 29-34-208
Liability of possessor of real property for harm to trespasser
Status: in_force

(a) As used in this section: (1) "Possessor of real property" means the owner, lessee, renter, or other lawful occupant of real property; and (2) "Trespasser" means a person who enters or remains on the real property of another without actual or implied permission, or a person who engages in conduct that constitutes a criminal trespass offense under §§ 39-14-405 - 39-14-407. (b) A possessor of real property owes no duty of care to a trespasser except to refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury; provided, however, that a possessor of real property may willfully, with negligence so gross as to amount to willfully, or intentionally cause injury to a trespasser or use force to prevent or terminate a trespass or criminal offense as permitted at common law, under §§ 39-11-611 - 39-11-616, and under § 29-34-201 . (c) Notwithstanding subsection (b), a possessor of real property is subject to liability for physical injury or death to a child trespasser if: (1) The possessor maintained a dangerous condition that was not a natural condition and the possessor knew or should have known the condition posed a risk of death or serious bodily harm to trespassing children; (2) The possessor knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly use the property as a playground; (3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk; (4) The usefulness to the possessor of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to children who would foreseeably trespass onto the property; and (5) The possessor failed to use reasonable care to eliminate the danger or otherwise protect the children. (d) This section shall not be construed to create or increase the liability of any possessor of real property or to affect any immunities from or defenses to liability established by another section of the code or available at common law to which a possessor of real property may be entitled. Acts 2012 , ch. 922, § 1.
(a) As used in this section: (1) "Possessor of real property" means the owner, lessee, renter, or other lawful occupant of real property; and (2) "Trespasser" means a person who enters or remains on the real property of another without actual or implied permission, or a person who engages in conduct that constitutes a criminal trespass offense under §§ 39-14-405 - 39-14-407.
(1) "Possessor of real property" means the owner, lessee, renter, or other lawful occupant of real property; and
(2) "Trespasser" means a person who enters or remains on the real property of another without actual or implied permission, or a person who engages in conduct that constitutes a criminal trespass offense under §§ 39-14-405 - 39-14-407.
(b) A possessor of real property owes no duty of care to a trespasser except to refrain from willfully, with negligence so gross as to amount to willfully, intentionally, or wantonly causing injury; provided, however, that a possessor of real property may willfully, with negligence so gross as to amount to willfully, or intentionally cause injury to a trespasser or use force to prevent or terminate a trespass or criminal offense as permitted at common law, under §§ 39-11-611 - 39-11-616, and under § 29-34-201 .
(c) Notwithstanding subsection (b), a possessor of real property is subject to liability for physical injury or death to a child trespasser if: (1) The possessor maintained a dangerous condition that was not a natural condition and the possessor knew or should have known the condition posed a risk of death or serious bodily harm to trespassing children; (2) The possessor knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly use the property as a playground; (3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk; (4) The usefulness to the possessor of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to children who would foreseeably trespass onto the property; and (5) The possessor failed to use reasonable care to eliminate the danger or otherwise protect the children.
(1) The possessor maintained a dangerous condition that was not a natural condition and the possessor knew or should have known the condition posed a risk of death or serious bodily harm to trespassing children;
(2) The possessor knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly use the property as a playground;
(3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;
(4) The usefulness to the possessor of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to children who would foreseeably trespass onto the property; and
(5) The possessor failed to use reasonable care to eliminate the danger or otherwise protect the children.
(d) This section shall not be construed to create or increase the liability of any possessor of real property or to affect any immunities from or defenses to liability established by another section of the code or available at common law to which a possessor of real property may be entitled.
Acts 2012 , ch. 922, § 1.
Tenn. Code Ann. § 29-20-210 — TN Code / Title 29 / Chapter 20 / Section 29-20-210
Liability of governmental entity for damages, injury, or death proximately caused by governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing specifically bounded area within governmental entity's jurisdiction during public demonstration
Status: in_force

(a) A governmental entity shall not intentionally prohibit or prevent law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity. (b) A governmental entity violating subsection (a) may be held liable, subject to the limits set forth in this chapter, for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration. (c) As used in this section, "governmental entity" means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the state. (d) This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public. Acts 2020 (2nd Ex. Sess.), ch. 2, § 1.
(a) A governmental entity shall not intentionally prohibit or prevent law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity.
(b) A governmental entity violating subsection (a) may be held liable, subject to the limits set forth in this chapter, for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration.
(c) As used in this section, "governmental entity" means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the state.
(d) This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public.
Acts 2020 (2nd Ex. Sess.), ch. 2, § 1.
Tenn. Code Ann. § 29-38-114 — TN Code / Title 29 / Chapter 38 / Section 29-38-114
Ex parte prejudgment attachment order - Exemption of property from process - Forfeiture
Status: in_force

(a) A plaintiff under this chapter, subject to subsection (c), may request an ex parte prejudgment attachment order from the court, against all assets of a defendant, sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award, or if the defendant posts a bond sufficient to cover a potential award. (b) A person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. (c) Any assets sought to satisfy a judgment under this chapter, that are named in a forfeiture action or that have been seized for forfeiture by any state or federal agency, may not be used to satisfy a judgment, unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets. Acts 2005, ch. 377, § 14.
(a) A plaintiff under this chapter, subject to subsection (c), may request an ex parte prejudgment attachment order from the court, against all assets of a defendant, sufficient to satisfy a potential award. If attachment is instituted, a defendant is entitled to an immediate hearing. Attachment may be lifted if the defendant demonstrates that the assets will be available for a potential award, or if the defendant posts a bond sufficient to cover a potential award.
(b) A person against whom a judgment has been rendered under this chapter is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment.
(c) Any assets sought to satisfy a judgment under this chapter, that are named in a forfeiture action or that have been seized for forfeiture by any state or federal agency, may not be used to satisfy a judgment, unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.
Acts 2005, ch. 377, § 14.
Tenn. Code Ann. § 29-5-111 — TN Code / Title 29 / Chapter 5 / Section 29-5-111
Time of filing award
Status: in_force

(a) If the time within which the award is to be made is fixed in the submission, no award made after that time shall have any legal effect, unless made upon a recommitment by the court; the court or parties by consent in writing may, however, enlarge the time within which an award is to be made. (b) If the time of filing the award is not fixed in the submission, it shall be filed within eight (8) months from the time such submission is signed, unless by mutual consent the time is prolonged. Code 1858, §§ 3440, 3441 (deriv. Acts 1851-1852, ch. 173, § 2); Shan., §§ 5196, 5197; Code 1932, §§ 9368, 9369; T.C.A. (orig. ed.), § 23-511.
(a) If the time within which the award is to be made is fixed in the submission, no award made after that time shall have any legal effect, unless made upon a recommitment by the court; the court or parties by consent in writing may, however, enlarge the time within which an award is to be made.
(b) If the time of filing the award is not fixed in the submission, it shall be filed within eight (8) months from the time such submission is signed, unless by mutual consent the time is prolonged.
Code 1858, §§ 3440, 3441 (deriv. Acts 1851-1852, ch. 173, § 2); Shan., §§ 5196, 5197; Code 1932, §§ 9368, 9369; T.C.A. (orig. ed.), § 23-511.
Tenn. Code Ann. § 29-6-112 — TN Code / Title 29 / Chapter 6 / Section 29-6-112
Officer granting attachment
Status: in_force

The attachment may be granted by any judge of the circuit, criminal, or special court, by any chancellor or judge of the court of general sessions, or by the clerk of the court to which the attachment is made returnable. Code 1858, § 3463 (deriv. Acts 1794, ch. 1, § 19; 1851-1852, ch. 365, §11); Shan., § 5221; Code 1932, § 9408; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-612.
The attachment may be granted by any judge of the circuit, criminal, or special court, by any chancellor or judge of the court of general sessions, or by the clerk of the court to which the attachment is made returnable.
Code 1858, § 3463 (deriv. Acts 1794, ch. 1, § 19; 1851-1852, ch. 365, §11); Shan., § 5221; Code 1932, § 9408; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-612.
Tenn. Code Ann. § 29-30-207 — TN Code / Title 29 / Chapter 30 / Section 29-30-207
Monetary damages
Status: in_force

On the issue being found for the plaintiff, or in case of default, upon writ of inquiry, the jury shall ascertain the plaintiff's damages for the seizure and detention, and judgment shall be rendered therefor with costs. Code 1858, § 3389 (deriv. Acts 1845-1846, ch. 65, § 8; 1853-1854, ch. 60, § 2); Shan., § 5143; Code 1932, § 9298; T.C.A. (orig. ed.), § 23-2318.
On the issue being found for the plaintiff, or in case of default, upon writ of inquiry, the jury shall ascertain the plaintiff's damages for the seizure and detention, and judgment shall be rendered therefor with costs.
Code 1858, § 3389 (deriv. Acts 1845-1846, ch. 65, § 8; 1853-1854, ch. 60, § 2); Shan., § 5143; Code 1932, § 9298; T.C.A. (orig. ed.), § 23-2318.
Tenn. Code Ann. § 29-34-705 — TN Code / Title 29 / Chapter 34 / Section 29-34-705
Requirements for medical examinations and testing
Status: in_force

Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall: (1) Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society that are in effect on the date of any examination or pulmonary function testing of the exposed person required by this part; (2) Not be obtained or based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and (3) Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test, or screening. Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
Evidence relating to physical impairment, including pulmonary function testing and diffusing studies, offered in any action governed by this part, shall:
(1) Comply with the quality controls, equipment requirements, methods of calibration and techniques set forth in the AMA's Guides to the Evaluation of Permanent Impairment and all standards set forth in the Official Statements of the American Thoracic Society that are in effect on the date of any examination or pulmonary function testing of the exposed person required by this part;
(2) Not be obtained or based on testing or examinations that violate any law, regulation, licensing requirement, or medical code of practice of the state in which the examination, test, or screening was conducted, or of this state; and
(3) Not be obtained under the condition that the plaintiff or exposed person retains the legal services of the attorney or law firm sponsoring the examination, test, or screening.
Added by 2016 Tenn. Acts, ch. 635,s 2, eff. 7/1/2016.
Tenn. Code Ann. § 29-7-109 — TN Code / Title 29 / Chapter 7 / Section 29-7-109
Motion to garnish other debtors
Status: in_force

If, upon the examination of any garnishee, it appears that there is any of the defendant's estate in the hands or under the control of any person not summoned, the court shall, upon the motion of the plaintiff, grant attachment, to be levied on the estate in the hands or under the control of such person, who shall be summoned and made liable as other garnishees. Code 1858, § 3489 (deriv. Acts 1794, ch. 1, § 22; 1815, ch. 20, §§1, 3); Shan., § 5249; Code 1932, § 9440; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-709.
If, upon the examination of any garnishee, it appears that there is any of the defendant's estate in the hands or under the control of any person not summoned, the court shall, upon the motion of the plaintiff, grant attachment, to be levied on the estate in the hands or under the control of such person, who shall be summoned and made liable as other garnishees.
Code 1858, § 3489 (deriv. Acts 1794, ch. 1, § 22; 1815, ch. 20, §§1, 3); Shan., § 5249; Code 1932, § 9440; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-709.
Tenn. Code Ann. § 29-18-103 — TN Code / Title 29 / Chapter 18 / Section 29-18-103
Forcible detainer defined
Status: in_force

A forcible detainer is where a person enters lawfully or peaceably, and holds unlawfully, and by any of the means enumerated in § 29-18-102 as constituting a forcible entry. Code 1858, § 3343 (deriv. Acts 1821, ch. 14, § 3); Shan., § 5092; Code 1932, § 9246; T.C.A. (orig. ed.), § 23-1603.
A forcible detainer is where a person enters lawfully or peaceably, and holds unlawfully, and by any of the means enumerated in § 29-18-102 as constituting a forcible entry.
Code 1858, § 3343 (deriv. Acts 1821, ch. 14, § 3); Shan., § 5092; Code 1932, § 9246; T.C.A. (orig. ed.), § 23-1603.
Tenn. Code Ann. § 29-13-119 — TN Code / Title 29 / Chapter 13 / Section 29-13-119
Claims by passengers in motor vehicles or watercraft
Status: in_force

(a) Claims for compensation brought under § 29-13-104(1)(B) shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. For purposes of this section, "a drug of abuse" means any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system. (b) For purposes of this section and § 29-13-104(1)(B) , a rebuttable presumption shall exist that the victim knew or reasonably should have known that the driver was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. The fact that the victim was under the influence of alcohol, a drug of abuse, or both shall not mitigate, excuse or justify the victim's failure to have reasonably known that the operator of the vehicle was under the influence of alcohol, a drug of abuse or both. (c) The rebuttable presumption provisions shall not apply if on the date of the offense the victim was under fourteen (14) years of age, or was at least fourteen (14) years of age but less than eighteen (18) years of age and was riding with a parent, guardian or other person exercising parental control over the victim. Acts 2001, ch. 445, § 2.
(a) Claims for compensation brought under § 29-13-104(1)(B) shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. For purposes of this section, "a drug of abuse" means any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system.
(b) For purposes of this section and § 29-13-104(1)(B) , a rebuttable presumption shall exist that the victim knew or reasonably should have known that the driver was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. The fact that the victim was under the influence of alcohol, a drug of abuse, or both shall not mitigate, excuse or justify the victim's failure to have reasonably known that the operator of the vehicle was under the influence of alcohol, a drug of abuse or both.
(c) The rebuttable presumption provisions shall not apply if on the date of the offense the victim was under fourteen (14) years of age, or was at least fourteen (14) years of age but less than eighteen (18) years of age and was riding with a parent, guardian or other person exercising parental control over the victim.
Acts 2001, ch. 445, § 2.
Tenn. Code Ann. § 29-27-112 — TN Code / Title 29 / Chapter 27 / Section 29-27-112
Commencement of action by summons
Status: in_force

The action may, however, be commenced by filing the petition or bill, and issuance and service of copy and summons, or making publication as in chancery cases. Code 1858, § 3274; Shan., § 5022; Code 1932, § 9177; T.C.A. (orig. ed.), § 23-2113.
The action may, however, be commenced by filing the petition or bill, and issuance and service of copy and summons, or making publication as in chancery cases.
Code 1858, § 3274; Shan., § 5022; Code 1932, § 9177; T.C.A. (orig. ed.), § 23-2113.
Tenn. Code Ann. § 29-13-404 — TN Code / Title 29 / Chapter 13 / Section 29-13-404
Limitations period
Status: in_force

Notwithstanding any inconsistent law with respect to survival of civil actions, the three-year period for filing a civil action as provided by § 29-13-403(b) does not begin to run until: (1) All moneys owing to the defendant under the terms of the contract have been paid to the attorney general and reporter; and (2) An escrow account has been established for the benefit of the defendant's victims. Acts 1994, ch. 1003, § 4.
Notwithstanding any inconsistent law with respect to survival of civil actions, the three-year period for filing a civil action as provided by § 29-13-403(b) does not begin to run until:
(1) All moneys owing to the defendant under the terms of the contract have been paid to the attorney general and reporter; and
(2) An escrow account has been established for the benefit of the defendant's victims.
Acts 1994, ch. 1003, § 4.
Tenn. Code Ann. § 29-35-119 — TN Code / Title 29 / Chapter 35 / Section 29-35-119
Costs paid by state
Status: in_force

If such action is at the suit of the state alone, and judgment is for the defendant, or the defendants are insolvent, the costs are to be paid as in other state cases. Code 1858, § 3427; Shan., § 5183; Code 1932, § 9354; T.C.A. (orig. ed.), § 23-2819.
If such action is at the suit of the state alone, and judgment is for the defendant, or the defendants are insolvent, the costs are to be paid as in other state cases.
Code 1858, § 3427; Shan., § 5183; Code 1932, § 9354; T.C.A. (orig. ed.), § 23-2819.
Tenn. Code Ann. § 29-13-115 — TN Code / Title 29 / Chapter 13 / Section 29-13-115
Penalty
Status: in_force

Any person who asserts a false claim under this chapter, knowing such claim to be false, commits a Class C misdemeanor, and, upon conviction thereof, shall forfeit any benefit received and shall reimburse and repay the state for payments received or paid on such person's behalf pursuant to any of the provisions of this chapter. Acts 1976, ch. 736, § 15; T.C.A., §§ 23-3515, 23-35-115; Acts 1989, ch. 591, § 113.
Any person who asserts a false claim under this chapter, knowing such claim to be false, commits a Class C misdemeanor, and, upon conviction thereof, shall forfeit any benefit received and shall reimburse and repay the state for payments received or paid on such person's behalf pursuant to any of the provisions of this chapter.
Acts 1976, ch. 736, § 15; T.C.A., §§ 23-3515, 23-35-115; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 29-15-103 — TN Code / Title 29 / Chapter 15 / Section 29-15-103
Parties defendant
Status: in_force

(a) The action is brought against the actual occupant, if any, and, if no such occupant, then against any person claiming an interest therein, or exercising acts of ownership at the commencement of the suit. (b) When the suit is against a tenant by a party claiming adversely to the title of the tenant's landlord, the landlord may appear and be made a defendant with, or in the place of, the tenant. Code 1858, §§ 3231, 3232 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4972, 4973; Code 1932, §§ 9120, 9121; T.C.A. (orig. ed.), § 23-1303.
(a) The action is brought against the actual occupant, if any, and, if no such occupant, then against any person claiming an interest therein, or exercising acts of ownership at the commencement of the suit.
(b) When the suit is against a tenant by a party claiming adversely to the title of the tenant's landlord, the landlord may appear and be made a defendant with, or in the place of, the tenant.
Code 1858, §§ 3231, 3232 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §§ 4972, 4973; Code 1932, §§ 9120, 9121; T.C.A. (orig. ed.), § 23-1303.
Tenn. Code Ann. § 29-20-209 — TN Code / Title 29 / Chapter 20 / Section 29-20-209
Removal of immunity from suit by party adversely affected by local regulation of firearms
Status: in_force

Immunity from suit of all governmental entities is removed for causes of action brought under § 39-17-1314(g)-(i) . Added by 2017 Tenn. Acts, ch. 467, s 2, eff. 7/1/2017.
Immunity from suit of all governmental entities is removed for causes of action brought under § 39-17-1314(g)-(i) .
Added by 2017 Tenn. Acts, ch. 467, s 2, eff. 7/1/2017.
Tenn. Code Ann. § 29-20-312 — TN Code / Title 29 / Chapter 20 / Section 29-20-312
Payment of claims
Status: in_force

(a) Any claim approved for payment by a governmental entity or any final judgment obtained against a governmental entity shall be paid from funds appropriated or reserved for that purpose or in the discretion of the governmental entity may be paid in not more than ten (10) equal annual instalments commencing the next fiscal year or in such other manner as is agreed upon by the claimant and governmental entity. (b) Installment payments shall bear interest at six percent (6%) per annum on the unpaid balance. (c) This section shall be discretionary with the court of original jurisdiction and such court is hereby authorized in its discretion to order a lump sum payment of any final judgment. (d) All judgments below five thousand dollars ($5,000) must be paid in one (1) installment and must be paid as other tort judgments. Acts 1973, ch. 345, § 21; T.C.A., § 23-3324.
(a) Any claim approved for payment by a governmental entity or any final judgment obtained against a governmental entity shall be paid from funds appropriated or reserved for that purpose or in the discretion of the governmental entity may be paid in not more than ten (10) equal annual instalments commencing the next fiscal year or in such other manner as is agreed upon by the claimant and governmental entity.
(b) Installment payments shall bear interest at six percent (6%) per annum on the unpaid balance.
(c) This section shall be discretionary with the court of original jurisdiction and such court is hereby authorized in its discretion to order a lump sum payment of any final judgment.
(d) All judgments below five thousand dollars ($5,000) must be paid in one (1) installment and must be paid as other tort judgments.
Acts 1973, ch. 345, § 21; T.C.A., § 23-3324.
Tenn. Code Ann. § 29-27-122 — TN Code / Title 29 / Chapter 27 / Section 29-27-122
Persons bound by decree
Status: in_force

The partition thus made is conclusive: (1) On all parties named in the proceedings who have at the time any interest in the premises divided, as owners in fee or as tenants for years or as entitled to the reversion, remainder, or inheritance of such premises after the termination of any particular estate therein; or who by any contingency in any will, conveyance, or otherwise, may be or may become entitled to any beneficial interest in the premises; or who shall have any interest in any individual share of the premises, as tenants for years or for life; (2) On all persons interested in the premises who are unknown, to whom notice has been given by publication, as hereinbefore directed; (3) On all persons claiming from such parties or persons, or either of them. Code 1858, § 3291 (deriv. Acts 1787, ch. 17, § 1; 1799, ch. 11, § 2; 1853-1854, ch. 48, § 1; 1855-1856, ch. 164, § 2); Shan., § 5040; Code 1932, § 9195; Acts 1976, ch. 529, § 8; T.C.A. (orig. ed.), § 23-2126.
The partition thus made is conclusive:
(1) On all parties named in the proceedings who have at the time any interest in the premises divided, as owners in fee or as tenants for years or as entitled to the reversion, remainder, or inheritance of such premises after the termination of any particular estate therein; or who by any contingency in any will, conveyance, or otherwise, may be or may become entitled to any beneficial interest in the premises; or who shall have any interest in any individual share of the premises, as tenants for years or for life;
(2) On all persons interested in the premises who are unknown, to whom notice has been given by publication, as hereinbefore directed;
(3) On all persons claiming from such parties or persons, or either of them.
Code 1858, § 3291 (deriv. Acts 1787, ch. 17, § 1; 1799, ch. 11, § 2; 1853-1854, ch. 48, § 1; 1855-1856, ch. 164, § 2); Shan., § 5040; Code 1932, § 9195; Acts 1976, ch. 529, § 8; T.C.A. (orig. ed.), § 23-2126.
Tenn. Code Ann. § 29-20-202 — TN Code / Title 29 / Chapter 20 / Section 29-20-202
Removal of immunity for injury from negligent operation of motor vehicles - Exceptions
Status: in_force

(a) Immunity from suit of all governmental entities is removed for injuries resulting from the negligent operation by any employee of a motor vehicle or other equipment while in the scope of employment. (b) This section shall not act as a repeal of § 55-8-101 , § 55-8-108 , or § 55-8-132 , and the immunities provided by these sections are hereby expressly continued. Acts 1973, ch. 345, § 7; T.C.A., § 23-3308.
(a) Immunity from suit of all governmental entities is removed for injuries resulting from the negligent operation by any employee of a motor vehicle or other equipment while in the scope of employment.
(b) This section shall not act as a repeal of § 55-8-101 , § 55-8-108 , or § 55-8-132 , and the immunities provided by these sections are hereby expressly continued.
Acts 1973, ch. 345, § 7; T.C.A., § 23-3308.
Tenn. Code Ann. § 29-25-107 — TN Code / Title 29 / Chapter 25 / Section 29-25-107
Issues of fact
Status: in_force

If the answer deny any material facts stated in the petition, the court may determine the issues upon evidence, or cause them to be submitted to a jury. Code 1858, § 3572 (deriv. Acts 1831, ch. 51, § 4); Shan., § 5336; Code 1932, § 9496; T.C.A. (orig. ed.), § 23-2007.
If the answer deny any material facts stated in the petition, the court may determine the issues upon evidence, or cause them to be submitted to a jury.
Code 1858, § 3572 (deriv. Acts 1831, ch. 51, § 4); Shan., § 5336; Code 1932, § 9496; T.C.A. (orig. ed.), § 23-2007.
Tenn. Code Ann. § 29-27-218 — TN Code / Title 29 / Chapter 27 / Section 29-27-218
Disposition of proceeds of sale
Status: in_force

(a) The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order. (b) If any of the parties are infants, the court shall direct the disposition of the shares of such parties, and may order that the money be paid over to the general guardian, upon giving bond, with good security, to cover the fund, or laid out in the purchase of other lands for such minors, or otherwise permanently invested. (c) The court shall, in like manner, direct the disposition of the shares of other parties laboring under the disability of unsoundness of mind, or, upon proper application, order a reinvestment in other property, for the benefit of such parties. (d) Where any of the parties are absent from the state, are without legal representatives in this state, or are not known or named in the proceedings, the court shall direct the shares of such parties to be invested in permanent securities at interest, for the benefit of such parties, until claimed by them or their legal representatives. Code 1858, §§ 3316-3318, 3321 (deriv. Acts 1827, ch. 54, §§ 2, 3; 1851-1852, ch. 166, § 4); Shan., §§ 5065-5067, 5070; Code 1932, §§ 9220-9223; T.C.A. (orig. ed.), §§ 23-2148 -- 23-2151.
(a) The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order.
(b) If any of the parties are infants, the court shall direct the disposition of the shares of such parties, and may order that the money be paid over to the general guardian, upon giving bond, with good security, to cover the fund, or laid out in the purchase of other lands for such minors, or otherwise permanently invested.
(c) The court shall, in like manner, direct the disposition of the shares of other parties laboring under the disability of unsoundness of mind, or, upon proper application, order a reinvestment in other property, for the benefit of such parties.
(d) Where any of the parties are absent from the state, are without legal representatives in this state, or are not known or named in the proceedings, the court shall direct the shares of such parties to be invested in permanent securities at interest, for the benefit of such parties, until claimed by them or their legal representatives.
Code 1858, §§ 3316-3318, 3321 (deriv. Acts 1827, ch. 54, §§ 2, 3; 1851-1852, ch. 166, § 4); Shan., §§ 5065-5067, 5070; Code 1932, §§ 9220-9223; T.C.A. (orig. ed.), §§ 23-2148 -- 23-2151.
Tenn. Code Ann. § 29-16-123 — TN Code / Title 29 / Chapter 16 / Section 29-16-123
Action initiated by owner
Status: in_force

(a) If, however, such person or company has actually taken possession of such land, occupying it for the purposes of internal improvement, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as hereinbefore provided; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land by metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest. (b) Additionally, the court rendering a judgment for the plaintiff in a proceeding brought under subsection (a), arising out of a cause of action identical to a cause of action that can be brought against the United States under 28 U.S.C. § 1346(a)(2) or § 1491 , or the attorney general or chief legal officer of a political subdivision of the state effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement such sum as will in the opinion of the court, or the attorney general or chief legal officer of a political subdivision of the state reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding. Code 1858, § 1347; Shan., § 1866; Code 1932, § 3131; Acts 1972, ch. 463, § 3; T.C.A. (orig. ed.), § 23-1423.
(a) If, however, such person or company has actually taken possession of such land, occupying it for the purposes of internal improvement, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as hereinbefore provided; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land by metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest.
(b) Additionally, the court rendering a judgment for the plaintiff in a proceeding brought under subsection (a), arising out of a cause of action identical to a cause of action that can be brought against the United States under 28 U.S.C. § 1346(a)(2) or § 1491 , or the attorney general or chief legal officer of a political subdivision of the state effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement such sum as will in the opinion of the court, or the attorney general or chief legal officer of a political subdivision of the state reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.
Code 1858, § 1347; Shan., § 1866; Code 1932, § 3131; Acts 1972, ch. 463, § 3; T.C.A. (orig. ed.), § 23-1423.
Tenn. Code Ann. § 29-40-111 — TN Code / Title 29 / Chapter 40 / Section 29-40-111
Collection and turnover of receivership property
Status: in_force

(a) Unless the court orders otherwise, on demand by a receiver: (1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and (2) Subject to subsection (c), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver. (b) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner. (c) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor's lien on the property depends on the creditor's possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor's lien. (d) Unless a bona fide dispute exists about a receiver's right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Unless the court orders otherwise, on demand by a receiver: (1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and (2) Subject to subsection (c), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.
(1) A person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent the debt is subject to setoff or recoupment; and
(2) Subject to subsection (c), a person that has possession, custody, or control of receivership property shall turn the property over to the receiver.
(b) A person that has notice of the appointment of a receiver and owes a debt that is receivership property may not satisfy the debt by payment to the owner.
(c) If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor's lien on the property depends on the creditor's possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor's lien.
(d) Unless a bona fide dispute exists about a receiver's right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person's failure to turn the property over when required by this section.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-34-506 — TN Code / Title 29 / Chapter 34 / Section 29-34-506
Rate of annual increase of fair market value
Status: in_force

(a) Except as otherwise provided in this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of: (1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and (2) One percent (1%). (b) The rate determined pursuant to subsection (a) shall not be compounded. (c) The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined. (d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in total gross assets pursuant to § 29-34-505(c) . Added by 2013 Tenn. Acts, ch. 246, s 7, eff. 7/1/2013.
(a) Except as otherwise provided in this section, the fair market value of total gross assets at the time of the merger or consolidation shall increase annually at a rate equal to the sum of: (1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and (2) One percent (1%).
(1) The prime rate as listed in the first edition of the Wall Street Journal published for each calendar year since the merger or consolidation, unless the prime rate is not published in that edition of the Wall Street Journal, in which case any reasonable determination of the prime rate on the first day of the year may be used; and
(2) One percent (1%).
(b) The rate determined pursuant to subsection (a) shall not be compounded.
(c) The adjustment of the fair market value of total gross assets shall continue as provided in subsection (a) until the date the adjusted value is first exceeded by the cumulative amounts of successor asbestos-related liabilities paid or committed to be paid by or on behalf of the successor corporation or a predecessor or by or on behalf of a transferor after the time of the merger or consolidation for which the fair market value of total gross assets is determined.
(d) No adjustment of the fair market value of total gross assets shall be applied to any liability insurance that may be included in total gross assets pursuant to § 29-34-505(c) .
Added by 2013 Tenn. Acts, ch. 246, s 7, eff. 7/1/2013.
Tenn. Code Ann. § 29-9-106 — TN Code / Title 29 / Chapter 9 / Section 29-9-106
Bail
Status: in_force

(a) Upon an attachment to answer for a contempt, except in not performing a decree, the officer executing the process shall take bail from the defendant as in other cases. (b) (1) The court ordering the attachment shall specify the penalty of such appearance bond. (2) If the penalty is not fixed by the court, it shall be two hundred fifty dollars ($250). Code 1858, §§ 4110, 4111 (deriv. Acts 1831, ch. 19, § 2); Shan., §§ 5922, 5923; Code 1932, §§ 10123, 10124; T.C.A. (orig. ed.), § 23-906.
(a) Upon an attachment to answer for a contempt, except in not performing a decree, the officer executing the process shall take bail from the defendant as in other cases.
(b) (1) The court ordering the attachment shall specify the penalty of such appearance bond. (2) If the penalty is not fixed by the court, it shall be two hundred fifty dollars ($250).
(1) The court ordering the attachment shall specify the penalty of such appearance bond.
(2) If the penalty is not fixed by the court, it shall be two hundred fifty dollars ($250).
Code 1858, §§ 4110, 4111 (deriv. Acts 1831, ch. 19, § 2); Shan., §§ 5922, 5923; Code 1932, §§ 10123, 10124; T.C.A. (orig. ed.), § 23-906.
Tenn. Code Ann. § 29-24-102 — TN Code / Title 29 / Chapter 24 / Section 29-24-102
Costs on nominal recovery
Status: in_force

Where the verdict in slander is under five dollars ($5.00), the plaintiff shall recover no more costs than damages. Code 1858, § 3402 (deriv. Acts 1715, ch. 27, § 8); Shan., § 5157; Code 1932, § 9313; T.C.A. (orig. ed.), § 23-2604.
Where the verdict in slander is under five dollars ($5.00), the plaintiff shall recover no more costs than damages.
Code 1858, § 3402 (deriv. Acts 1715, ch. 27, § 8); Shan., § 5157; Code 1932, § 9313; T.C.A. (orig. ed.), § 23-2604.
Tenn. Code Ann. § 29-21-127 — TN Code / Title 29 / Chapter 21 / Section 29-21-127
Appeal
Status: in_force

(a) Any party, either relator or defendant, in any habeas corpus case shall have the right of appeal to the proper appellate court from any judgment or decree rendered against such party by an inferior court. (b) The party so appealing shall give bond and security for the costs of such appeal except where the relator or defendant is under confinement and serving a prison sentence on final judgment. (c) This section shall not apply to parties held in custody in criminal cases. Acts 1887, ch. 157; Shan., § 5546; mod. Code 1932, § 9716; Acts 1959, ch. 49, § 1; T.C.A. (orig. ed.), § 23-1836.
(a) Any party, either relator or defendant, in any habeas corpus case shall have the right of appeal to the proper appellate court from any judgment or decree rendered against such party by an inferior court.
(b) The party so appealing shall give bond and security for the costs of such appeal except where the relator or defendant is under confinement and serving a prison sentence on final judgment.
(c) This section shall not apply to parties held in custody in criminal cases.
Acts 1887, ch. 157; Shan., § 5546; mod. Code 1932, § 9716; Acts 1959, ch. 49, § 1; T.C.A. (orig. ed.), § 23-1836.
Tenn. Code Ann. § 29-34-105 — TN Code / Title 29 / Chapter 34 / Section 29-34-105
Settlements on behalf of minors
Status: in_force

(a) (1) In any tort claim settlement involving a minor, the court shall conduct a hearing at which the minor and legal guardian are present if the tort claim settlement: (A) Is a settlement of ten thousand dollars ($10,000) or more; (B) Is a structured settlement; or (C) Involves a minor who is not represented by an attorney licensed to practice in this state. (2) Notwithstanding subdivision (a)(1), the court may, in its discretion, conduct the hearing in chambers or by remote communication and may excuse the minor from attending the hearing. (b) A tort claim settlement does not otherwise require court approval merely because it involves a minor. (c) In the order approving a tort claim settlement authorized by this section, the court has the discretion to determine whether the settlement proceeds are to be paid to the minor's legal guardian or held in trust by the court until the appropriate time. Amended by 2022 Tenn. Acts, ch. 917, s 1, eff. 4/27/2022. Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021. Acts 2004, ch. 701, § 1.
(a) (1) In any tort claim settlement involving a minor, the court shall conduct a hearing at which the minor and legal guardian are present if the tort claim settlement: (A) Is a settlement of ten thousand dollars ($10,000) or more; (B) Is a structured settlement; or (C) Involves a minor who is not represented by an attorney licensed to practice in this state. (2) Notwithstanding subdivision (a)(1), the court may, in its discretion, conduct the hearing in chambers or by remote communication and may excuse the minor from attending the hearing.
(1) In any tort claim settlement involving a minor, the court shall conduct a hearing at which the minor and legal guardian are present if the tort claim settlement: (A) Is a settlement of ten thousand dollars ($10,000) or more; (B) Is a structured settlement; or (C) Involves a minor who is not represented by an attorney licensed to practice in this state.
(A) Is a settlement of ten thousand dollars ($10,000) or more;
(B) Is a structured settlement; or
(C) Involves a minor who is not represented by an attorney licensed to practice in this state.
(2) Notwithstanding subdivision (a)(1), the court may, in its discretion, conduct the hearing in chambers or by remote communication and may excuse the minor from attending the hearing.
(b) A tort claim settlement does not otherwise require court approval merely because it involves a minor.
(c) In the order approving a tort claim settlement authorized by this section, the court has the discretion to determine whether the settlement proceeds are to be paid to the minor's legal guardian or held in trust by the court until the appropriate time.
Amended by 2022 Tenn. Acts, ch. 917, s 1, eff. 4/27/2022.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 2004, ch. 701, § 1.
Tenn. Code Ann. § 29-27-311 — TN Code / Title 29 / Chapter 27 / Section 29-27-311
Report of open-market sale
Status: in_force

(a) Unless required to do so within a shorter time by part 2 of this chapter or by the court in the court's discretion, a broker appointed under § 29-27-310(b) to offer heirs property for open-market sale shall file a report with the court and serve a copy on all parties no later than seven (7) days after receiving an offer to purchase the property for at least the value determined under § 29-27-306 or § 29-27-310 . (b) The report required by subsection (a) must contain the following information: (1) A description of the property to be sold to each buyer; (2) The name of each buyer; (3) The proposed purchase price; (4) The terms and conditions of the proposed sale, including the terms of any owner financing; (5) The amounts to be paid to lienholders; (6) A statement of contractual or other arrangements or conditions of the broker's commission; and (7) Other material facts relevant to the sale. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
(a) Unless required to do so within a shorter time by part 2 of this chapter or by the court in the court's discretion, a broker appointed under § 29-27-310(b) to offer heirs property for open-market sale shall file a report with the court and serve a copy on all parties no later than seven (7) days after receiving an offer to purchase the property for at least the value determined under § 29-27-306 or § 29-27-310 .
(b) The report required by subsection (a) must contain the following information: (1) A description of the property to be sold to each buyer; (2) The name of each buyer; (3) The proposed purchase price; (4) The terms and conditions of the proposed sale, including the terms of any owner financing; (5) The amounts to be paid to lienholders; (6) A statement of contractual or other arrangements or conditions of the broker's commission; and (7) Other material facts relevant to the sale.
(1) A description of the property to be sold to each buyer;
(2) The name of each buyer;
(3) The proposed purchase price;
(4) The terms and conditions of the proposed sale, including the terms of any owner financing;
(5) The amounts to be paid to lienholders;
(6) A statement of contractual or other arrangements or conditions of the broker's commission; and
(7) Other material facts relevant to the sale.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-38-105 — TN Code / Title 29 / Chapter 38 / Section 29-38-105
Liability for participation in the illegal drug market - Exception for law enforcement in official investigations
Status: in_force

(a) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. A person may recover damages under this chapter for injury resulting from an individual's use of an illegal drug. (b) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state, is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation. Acts 2005, ch. 377, § 5.
(a) A person who knowingly participates in the illegal drug market within this state is liable for civil damages as provided in this chapter. A person may recover damages under this chapter for injury resulting from an individual's use of an illegal drug.
(b) A law enforcement officer or agency, the state, or a person acting at the direction of a law enforcement officer or agency or the state, is not liable for participating in the illegal drug market, if the participation is in furtherance of an official investigation.
Acts 2005, ch. 377, § 5.
Tenn. Code Ann. § 29-20-313 — TN Code / Title 29 / Chapter 20 / Section 29-20-313
Claim of immunity by employee - Multiple defendants
Status: in_force

(a) When one (1) or more defendants to a lawsuit claim to be employees of a governmental entity as defined by § 29-20-107 and are therefore entitled to the governmental immunity granted by this chapter, it shall be a question of fact whether the defendant or defendants claiming immunity are such employees. If the trier of fact determines that the defendant claiming immunity is not a governmental entity employee, the lawsuit as to that defendant shall proceed like any other civil case. If the trier of fact determines that the defendant claiming immunity is a governmental entity employee, the lawsuit as to that defendant shall proceed in accordance with this chapter. (b) When suit is brought in circuit court in a case in which there are multiple defendants, one (1) or more of which are a governmental entity or entities or governmental entity employee or employees whose liability or lack thereof is to be determined based upon this chapter and one (1) or more of which are not such governmental entity or entities or governmental entity employee or employees, the case shall be heard and decided by a jury upon the demand of any party. Nothing in this section shall be construed to abridge the right of any party to a trial by jury otherwise granted by the state or federal constitution or any statute. Acts 1981, ch. 527, § 2; 1994, ch. 789, § 2.
(a) When one (1) or more defendants to a lawsuit claim to be employees of a governmental entity as defined by § 29-20-107 and are therefore entitled to the governmental immunity granted by this chapter, it shall be a question of fact whether the defendant or defendants claiming immunity are such employees. If the trier of fact determines that the defendant claiming immunity is not a governmental entity employee, the lawsuit as to that defendant shall proceed like any other civil case. If the trier of fact determines that the defendant claiming immunity is a governmental entity employee, the lawsuit as to that defendant shall proceed in accordance with this chapter.
(b) When suit is brought in circuit court in a case in which there are multiple defendants, one (1) or more of which are a governmental entity or entities or governmental entity employee or employees whose liability or lack thereof is to be determined based upon this chapter and one (1) or more of which are not such governmental entity or entities or governmental entity employee or employees, the case shall be heard and decided by a jury upon the demand of any party. Nothing in this section shall be construed to abridge the right of any party to a trial by jury otherwise granted by the state or federal constitution or any statute.
Acts 1981, ch. 527, § 2; 1994, ch. 789, § 2.
Tenn. Code Ann. § 29-34-102 — TN Code / Title 29 / Chapter 34 / Section 29-34-102
[Repealed] Rescission of fraudulent or erroneous settlements
Status: repealed

Where a compromise settlement of a claim for damages resulting from personal injuries has been brought about by fraud or mistake, such settlement may be rescinded without return of the consideration to the party released, but such consideration paid shall constitute a credit to apply in satisfaction of any judgment procured on account of such personal injuries. Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021. Acts 1955, ch. 67, § 1; T.C.A., § 23-3002.
Where a compromise settlement of a claim for damages resulting from personal injuries has been brought about by fraud or mistake, such settlement may be rescinded without return of the consideration to the party released, but such consideration paid shall constitute a credit to apply in satisfaction of any judgment procured on account of such personal injuries.
Repealed by 2021EX3 Tenn. Acts, ch. 6, s 7, eff. 11/12/2021.
Acts 1955, ch. 67, § 1; T.C.A., § 23-3002.
Tenn. Code Ann. § 29-16-109 — TN Code / Title 29 / Chapter 16 / Section 29-16-109
Qualifications of jurors
Status: in_force

The jurors shall not be interested in the same or a similar question, and shall possess the qualifications of other jurors, and may be nominated by the court, selected by consent of parties, or summoned by the sheriff. Code 1858, § 1332 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1851; Code 1932, § 3116; T.C.A. (orig. ed.), § 23-1409.
The jurors shall not be interested in the same or a similar question, and shall possess the qualifications of other jurors, and may be nominated by the court, selected by consent of parties, or summoned by the sheriff.
Code 1858, § 1332 (deriv. Acts 1849-1850, ch. 72, § 5); Shan., §1851; Code 1932, § 3116; T.C.A. (orig. ed.), § 23-1409.
Tenn. Code Ann. § 29-20-311 — TN Code / Title 29 / Chapter 20 / Section 29-20-311
Judgment over limits of insurance policy prohibited
Status: in_force

No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified in § 29-20-403 , unless such governmental entity has secured insurance coverage in excess of such minimum requirements, in which event the judgment or award may not exceed the applicable limits provided in the insurance policy. Acts 1973, ch. 345, § 28; 1976, ch. 656, § 1; T.C.A., § 23-3323.
No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified in § 29-20-403 , unless such governmental entity has secured insurance coverage in excess of such minimum requirements, in which event the judgment or award may not exceed the applicable limits provided in the insurance policy.
Acts 1973, ch. 345, § 28; 1976, ch. 656, § 1; T.C.A., § 23-3323.
Tenn. Code Ann. § 29-32-101 — TN Code / Title 29 / Chapter 32 / Section 29-32-101
Persons entitled to writ - Application
Status: in_force

A scire facias shall not issue on the application of any person other than the party of record, or that party's attorney, except an administrator de bonis non, in the case of a judgment recovered by a previous executor or administrator, unless such application be in writing and signed by the applicant, to be filed and preserved with the other papers. Code 1858, § 3578 (deriv. Acts 1833, ch. 18, § 1; 1837-1838, ch. 20); Shan., § 5342; Code 1932, § 9502; T.C.A. (orig. ed.), § 23-2501.
A scire facias shall not issue on the application of any person other than the party of record, or that party's attorney, except an administrator de bonis non, in the case of a judgment recovered by a previous executor or administrator, unless such application be in writing and signed by the applicant, to be filed and preserved with the other papers.
Code 1858, § 3578 (deriv. Acts 1833, ch. 18, § 1; 1837-1838, ch. 20); Shan., § 5342; Code 1932, § 9502; T.C.A. (orig. ed.), § 23-2501.
Tenn. Code Ann. § 29-13-402 — TN Code / Title 29 / Chapter 13 / Section 29-13-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Attorney general and reporter" means the Tennessee attorney general and reporter; (2) "Crime" means an offense under the laws of this state resulting in a specific physical, mental, or pecuniary injury, or death, to another person, and includes multiple crimes committed by a defendant; (3) "Defendant" means a person who: (A) Is convicted of a crime in this state; (B) Is judged not guilty by reason of insanity; (C) Pleads nolo contendere to a specific criminal charge; or (D) Has been formally charged with a crime but is still awaiting trial; and (4) "Victim" means: (A) A person, not an accomplice of the defendant, who suffers a specific physical, mental, or pecuniary injury as a direct result of a crime; or (B) The estate of a person who dies as a direct result of a crime. Acts 1994, ch. 1003, § 2.
As used in this part, unless the context otherwise requires:
(1) "Attorney general and reporter" means the Tennessee attorney general and reporter;
(2) "Crime" means an offense under the laws of this state resulting in a specific physical, mental, or pecuniary injury, or death, to another person, and includes multiple crimes committed by a defendant;
(3) "Defendant" means a person who: (A) Is convicted of a crime in this state; (B) Is judged not guilty by reason of insanity; (C) Pleads nolo contendere to a specific criminal charge; or (D) Has been formally charged with a crime but is still awaiting trial; and
(A) Is convicted of a crime in this state;
(B) Is judged not guilty by reason of insanity;
(C) Pleads nolo contendere to a specific criminal charge; or
(D) Has been formally charged with a crime but is still awaiting trial; and
(4) "Victim" means: (A) A person, not an accomplice of the defendant, who suffers a specific physical, mental, or pecuniary injury as a direct result of a crime; or (B) The estate of a person who dies as a direct result of a crime.
(A) A person, not an accomplice of the defendant, who suffers a specific physical, mental, or pecuniary injury as a direct result of a crime; or
(B) The estate of a person who dies as a direct result of a crime.
Acts 1994, ch. 1003, § 2.
Tenn. Code Ann. § 29-27-305 — TN Code / Title 29 / Chapter 27 / Section 29-27-305
Commissioners
Status: in_force

If the court appoints commissioners pursuant to § 29-27-114 , each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 29-27-114 , must be disinterested, impartial, and not a party to or a participant in the action. Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
If the court appoints commissioners pursuant to § 29-27-114 , each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 29-27-114 , must be disinterested, impartial, and not a party to or a participant in the action.
Added by 2022 Tenn. Acts, ch. 1109, s 1, eff. 7/1/2022.
Tenn. Code Ann. § 29-7-110 — TN Code / Title 29 / Chapter 7 / Section 29-7-110
Exoneration by payment or delivery
Status: in_force

(a) A garnishee, at any time after answer, may be exonerated from further responsibility by paying over and delivering to the officer or court, before or after the return of the attachment, the money and property of the defendant, or so much thereof as may be equal to the property directed to be attached. (b) Such property or money delivered or paid over may afterwards be treated as though attached in the usual manner. Code 1858, § 3483; Shan., § 5243; Code 1932, § 9434; T.C.A. (orig. ed.), § 23-710.
(a) A garnishee, at any time after answer, may be exonerated from further responsibility by paying over and delivering to the officer or court, before or after the return of the attachment, the money and property of the defendant, or so much thereof as may be equal to the property directed to be attached.
(b) Such property or money delivered or paid over may afterwards be treated as though attached in the usual manner.
Code 1858, § 3483; Shan., § 5243; Code 1932, § 9434; T.C.A. (orig. ed.), § 23-710.
Tenn. Code Ann. § 29-15-121 — TN Code / Title 29 / Chapter 15 / Section 29-15-121
Mesne profits - Improvements
Status: in_force

This chapter does not deprive the plaintiff of a right to an action for mesne profits after verdict and judgment in plaintiff's favor, or the defendant of the right to file a bill in equity for the value of defendant's improvements, but those rights are subject to the general provisions of this Code regulating actions. Code 1858, § 3259 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §5007; Code 1932, § 9155; T.C.A. (orig. ed.), § 23-1328.
This chapter does not deprive the plaintiff of a right to an action for mesne profits after verdict and judgment in plaintiff's favor, or the defendant of the right to file a bill in equity for the value of defendant's improvements, but those rights are subject to the general provisions of this Code regulating actions.
Code 1858, § 3259 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §5007; Code 1932, § 9155; T.C.A. (orig. ed.), § 23-1328.
Tenn. Code Ann. § 29-17-906 — TN Code / Title 29 / Chapter 17 / Section 29-17-906
Payment of amount deposited pending trial
Status: in_force

If the owner asks for a trial as provided by § 29-17-905 , the owner may, if desired, make written request to the clerk to pay to the owner, without prejudice to the rights of either party, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid to the owner or that a judgment may be entered against the owner in such case for the difference. Acts 1959, ch. 216, § 6; T.C.A., § 23-1533; T.C.A. § 29-17-806; Acts 2006, ch. 863, § 1.
If the owner asks for a trial as provided by § 29-17-905 , the owner may, if desired, make written request to the clerk to pay to the owner, without prejudice to the rights of either party, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid to the owner or that a judgment may be entered against the owner in such case for the difference.
Acts 1959, ch. 216, § 6; T.C.A., § 23-1533; T.C.A. § 29-17-806; Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-13-304 — TN Code / Title 29 / Chapter 13 / Section 29-13-304
Procedure for encroachment
Status: in_force

(a) In order to obtain encroachment on the funds, a motion must be filed with the juvenile court by the custodian or other appropriate individuals. (b) The motion shall state the minor's name, the amount of money being currently held in the clerk's office for the benefit of the minor, the particular need or expense for which disbursement is sought, and the amount sought. (c) At the hearing, the custodian or other appropriate individual petitioning the court to encroach shall be placed under oath and shall testify as to the minor's need. (d) In the event the court grants the motion, an order shall be filled out stating the date, the amount of the disbursement, and to whom the check or checks are to be made payable. (e) In the event that the check is to be made payable to a health care provider or to the school or other appropriate person, the clerk's office shall be charged with the responsibility of obtaining the address of the health care provider, the school or other appropriate person or agency and forwarding the check directly to them. (f) In the event the sum is made payable to the custodian or other appropriate individual, that person shall be responsible for making an accounting to the court thirty (30) days from the date of the hearing as to how the money was spent. In these situations, the court shall direct a probation officer to monitor the file and issue a show cause hearing in the event the custodian or other appropriate individual does not make the accounting to the court in the time prescribed by the court. (g) In unusual circumstances, a guardian ad litem may be appointed to determine whether or not disbursing the funds is in the best interest of the minor. Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
(a) In order to obtain encroachment on the funds, a motion must be filed with the juvenile court by the custodian or other appropriate individuals.
(b) The motion shall state the minor's name, the amount of money being currently held in the clerk's office for the benefit of the minor, the particular need or expense for which disbursement is sought, and the amount sought.
(c) At the hearing, the custodian or other appropriate individual petitioning the court to encroach shall be placed under oath and shall testify as to the minor's need.
(d) In the event the court grants the motion, an order shall be filled out stating the date, the amount of the disbursement, and to whom the check or checks are to be made payable.
(e) In the event that the check is to be made payable to a health care provider or to the school or other appropriate person, the clerk's office shall be charged with the responsibility of obtaining the address of the health care provider, the school or other appropriate person or agency and forwarding the check directly to them.
(f) In the event the sum is made payable to the custodian or other appropriate individual, that person shall be responsible for making an accounting to the court thirty (30) days from the date of the hearing as to how the money was spent. In these situations, the court shall direct a probation officer to monitor the file and issue a show cause hearing in the event the custodian or other appropriate individual does not make the accounting to the court in the time prescribed by the court.
(g) In unusual circumstances, a guardian ad litem may be appointed to determine whether or not disbursing the funds is in the best interest of the minor.
Acts 1993, ch. 494, § 1; 1994, ch. 808, § 1.
Tenn. Code Ann. § 29-20-101 — TN Code / Title 29 / Chapter 20 / Section 29-20-101
Title
Status: in_force

This chapter shall be known and cited as the "Tennessee Governmental Tort Liability Act." Acts 1973, ch. 345, § 1; T.C.A., § 23-3301.
This chapter shall be known and cited as the "Tennessee Governmental Tort Liability Act."
Acts 1973, ch. 345, § 1; T.C.A., § 23-3301.
Tenn. Code Ann. § 29-6-147 — TN Code / Title 29 / Chapter 6 / Section 29-6-147
Attachment in lieu of personal service
Status: in_force

The attachment and publication are in lieu of personal service upon the defendant, and the plaintiff may proceed, upon return of the attachment duly levied, as if the suit had been commenced by summons. Code 1858, § 3524 (deriv. Acts 1835-1836, ch. 43, § 5; 1851-1852, ch. 365, §3); Shan., § 5284; Code 1932, § 9475; T.C.A. (orig. ed.), § 23-647.
The attachment and publication are in lieu of personal service upon the defendant, and the plaintiff may proceed, upon return of the attachment duly levied, as if the suit had been commenced by summons.
Code 1858, § 3524 (deriv. Acts 1835-1836, ch. 43, § 5; 1851-1852, ch. 365, §3); Shan., § 5284; Code 1932, § 9475; T.C.A. (orig. ed.), § 23-647.
Tenn. Code Ann. § 29-33-106 — TN Code / Title 29 / Chapter 33 / Section 29-33-106
Attachment of replevied property
Status: in_force

If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or attachment, subject to the defendant's right to again replevy, and, in case the defendant fails so to do, then subject to such disposition as the law makes of property so seized. Code 1858, § 3669; Shan., § 5439; Code 1932, § 9601; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2706.
If the principal fail to give such counter security within five (5) days after the service of notice, the clerk of the court is authorized upon affidavit of the facts, to issue a writ to the sheriff, commanding the sheriff to seize and hold such property, according to the terms of the original seizure or attachment, subject to the defendant's right to again replevy, and, in case the defendant fails so to do, then subject to such disposition as the law makes of property so seized.
Code 1858, § 3669; Shan., § 5439; Code 1932, § 9601; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-2706.
Tenn. Code Ann. § 29-40-103 — TN Code / Title 29 / Chapter 40 / Section 29-40-103
Notice and opportunity for hearing
Status: in_force

(a) Except as otherwise provided in subsection (b), the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances. (b) The court may issue an order under this chapter: (1) Without prior notice if the circumstances require issuance of an order before notice is given; (2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or (3) After notice and without a hearing if no interested party timely requests a hearing. Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
(a) Except as otherwise provided in subsection (b), the court may issue an order under this chapter only after notice and opportunity for a hearing, as appropriate in the circumstances.
(b) The court may issue an order under this chapter: (1) Without prior notice if the circumstances require issuance of an order before notice is given; (2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or (3) After notice and without a hearing if no interested party timely requests a hearing.
(1) Without prior notice if the circumstances require issuance of an order before notice is given;
(2) After notice and without a prior hearing if the circumstances require issuance of an order before a hearing is held; or
(3) After notice and without a hearing if no interested party timely requests a hearing.
Added by 2018 Tenn. Acts, ch. 731, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-5-330 — TN Code / Title 29 / Chapter 5 / Section 29-5-330
Uniformity of application and construction
Status: in_force

In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Added by 2023 Tenn. Acts, ch. 319, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 29-7-107 — TN Code / Title 29 / Chapter 7 / Section 29-7-107
Examination of garnishee
Status: in_force

The garnishee shall be examined as prescribed in § 26-2-204 . Code 1858, § 3482; Shan., § 5242; Code 1932, § 9433; T.C.A. (orig. ed.), § 23-707; modified.
The garnishee shall be examined as prescribed in § 26-2-204 .
Code 1858, § 3482; Shan., § 5242; Code 1932, § 9433; T.C.A. (orig. ed.), § 23-707; modified.
Tenn. Code Ann. § 29-28-105 — TN Code / Title 29 / Chapter 28 / Section 29-28-105
Determination of defective or dangerous condition
Status: in_force

(a) A manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller. (b) In making this determination, the state of scientific and technological knowledge available to the manufacturer or seller at the time the product was placed on the market, rather than at the time of injury, is applicable. Consideration is given also to the customary designs, methods, standards and techniques of manufacturing, inspecting and testing by other manufacturers or sellers of similar products. (c) This section does not apply to an action based on express warranty or misrepresentation regarding the chattel. (d) A product is not unreasonably dangerous because of a failure to adequately warn of a danger or hazard that is apparent to the ordinary user. Acts 1978, ch. 703, §§ 5, 8; T.C.A, § 23-3705.
(a) A manufacturer or seller of a product shall not be liable for any injury to a person or property caused by the product unless the product is determined to be in a defective condition or unreasonably dangerous at the time it left the control of the manufacturer or seller.
(b) In making this determination, the state of scientific and technological knowledge available to the manufacturer or seller at the time the product was placed on the market, rather than at the time of injury, is applicable. Consideration is given also to the customary designs, methods, standards and techniques of manufacturing, inspecting and testing by other manufacturers or sellers of similar products.
(c) This section does not apply to an action based on express warranty or misrepresentation regarding the chattel.
(d) A product is not unreasonably dangerous because of a failure to adequately warn of a danger or hazard that is apparent to the ordinary user.
Acts 1978, ch. 703, §§ 5, 8; T.C.A, § 23-3705.
Tenn. Code Ann. § 29-17-102 — TN Code / Title 29 / Chapter 17 / Section 29-17-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Eminent domain" means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the United States Constitution, the Constitution of Tennessee, Article I, § 21, and chapter 863 of the Public Acts of 2006; and (2) "Public use" does not include recreational facilities, recreational purposes, or parks; private use or benefit; or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except as follows: (A) The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation; (B) The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under title 65; (C) The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan in a blighted area, as authorized by title 13, chapter 20, part 2 or title 13, chapter 21, part 2; (D) The acquisition of any interest in land for parks or natural areas by this state, in accordance with title 11; brownfield projects, as defined in § 68-212-202 ; or the redevelopment of brownfield sites, as defined in § 7-53-316 ; or (E) Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use. Amended by 2024 Tenn. Acts, ch. 1034,s 1, eff. 5/28/2024. Amended by 2017 Tenn. Acts, ch. 422, s 1, eff. 5/18/2017. Acts 2006, ch. 863, § 1.
As used in this part, unless the context otherwise requires:
(1) "Eminent domain" means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the United States Constitution, the Constitution of Tennessee, Article I, § 21, and chapter 863 of the Public Acts of 2006; and
(2) "Public use" does not include recreational facilities, recreational purposes, or parks; private use or benefit; or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except as follows: (A) The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation; (B) The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under title 65; (C) The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan in a blighted area, as authorized by title 13, chapter 20, part 2 or title 13, chapter 21, part 2; (D) The acquisition of any interest in land for parks or natural areas by this state, in accordance with title 11; brownfield projects, as defined in § 68-212-202 ; or the redevelopment of brownfield sites, as defined in § 7-53-316 ; or (E) Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use.
(A) The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation;
(B) The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under title 65;
(C) The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan in a blighted area, as authorized by title 13, chapter 20, part 2 or title 13, chapter 21, part 2;
(D) The acquisition of any interest in land for parks or natural areas by this state, in accordance with title 11; brownfield projects, as defined in § 68-212-202 ; or the redevelopment of brownfield sites, as defined in § 7-53-316 ; or
(E) Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use.
Amended by 2024 Tenn. Acts, ch. 1034,s 1, eff. 5/28/2024.
Amended by 2017 Tenn. Acts, ch. 422, s 1, eff. 5/18/2017.
Acts 2006, ch. 863, § 1.
Tenn. Code Ann. § 29-18-119 — TN Code / Title 29 / Chapter 18 / Section 29-18-119
Manner of trial - Title not inquired into
Status: in_force

(a) The cause shall be tried at the time and place designated, by a single general sessions judge, without the intervention of a jury, and in all respects like other civil suits before the court of general sessions. (b) The general sessions judge will try every case upon its merits and ascertain whether the plaintiff or defendant is entitled to the possession of the premises agreeably to the laws governing such cases, and give judgment accordingly. (c) The estate, or merits of the title, shall not be inquired into. Code 1858, §§ 3353, 3354; (deriv. Acts 1821, ch. 14, §20 and Acts 1841-1842, ch. 186, §§ 1, 2); impl. am. Acts 1879, ch. 23, § 1; Shan., §§ 5102, 5103; Code 1932, §§9256, 9257; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 23-1619, 23-1620; Acts 1991, ch. 273, § 40.
(a) The cause shall be tried at the time and place designated, by a single general sessions judge, without the intervention of a jury, and in all respects like other civil suits before the court of general sessions.
(b) The general sessions judge will try every case upon its merits and ascertain whether the plaintiff or defendant is entitled to the possession of the premises agreeably to the laws governing such cases, and give judgment accordingly.
(c) The estate, or merits of the title, shall not be inquired into.
Code 1858, §§ 3353, 3354; (deriv. Acts 1821, ch. 14, §20 and Acts 1841-1842, ch. 186, §§ 1, 2); impl. am. Acts 1879, ch. 23, § 1; Shan., §§ 5102, 5103; Code 1932, §§9256, 9257; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 23-1619, 23-1620; Acts 1991, ch. 273, § 40.
Tenn. Code Ann. § 29-36-105 — TN Code / Title 29 / Chapter 36 / Section 29-36-105
Injunction against waste - Damages
Status: in_force

Nothing in this chapter shall deprive the person entitled to redress for waste, of the right to enjoin the commission thereof at any time, and recover damages for the waste actually committed. Code 1858, § 3406 (deriv. Acts 1843-1844, ch. 170, § 2); Shan., §5161; Code 1932, § 9320; T.C.A. (orig. ed.), § 23-2905.
Nothing in this chapter shall deprive the person entitled to redress for waste, of the right to enjoin the commission thereof at any time, and recover damages for the waste actually committed.
Code 1858, § 3406 (deriv. Acts 1843-1844, ch. 170, § 2); Shan., §5161; Code 1932, § 9320; T.C.A. (orig. ed.), § 23-2905.
Tenn. Code Ann. § 29-31-105 — TN Code / Title 29 / Chapter 31 / Section 29-31-105
Scope of decree
Status: in_force

The decree may be for the partial removal of the disability of the minor so as to enable the minor to do some particular act, proposed to be done, to be specified in the decree; or it may be general and empower the minor to do all acts in reference to the minor's property, making contract, suing and being sued and engaging in any profession or vocation which the minor could do if eighteen (18) years of age; and the decree shall distinctly specify to what extent the disability of the minor is removed and what character of business the minor is empowered to do, notwithstanding minority, and may impose such restrictions and qualifications as the court or chancellor may judge proper. Acts 1915, ch. 162, § 5; Shan., § 6106a7; mod. Code 1932, §10374; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 23-1205.
The decree may be for the partial removal of the disability of the minor so as to enable the minor to do some particular act, proposed to be done, to be specified in the decree; or it may be general and empower the minor to do all acts in reference to the minor's property, making contract, suing and being sued and engaging in any profession or vocation which the minor could do if eighteen (18) years of age; and the decree shall distinctly specify to what extent the disability of the minor is removed and what character of business the minor is empowered to do, notwithstanding minority, and may impose such restrictions and qualifications as the court or chancellor may judge proper.
Acts 1915, ch. 162, § 5; Shan., § 6106a7; mod. Code 1932, §10374; Acts 1973, ch. 76, § 1; T.C.A. (orig. ed.), § 23-1205.
Tenn. Code Ann. § 29-6-146 — TN Code / Title 29 / Chapter 6 / Section 29-6-146
Notice mailed to nonresidents
Status: in_force

(a) Where publication is made for a nonresident defendant the clerk of the court, in which such suit is filed, shall, immediately after the first publication, mail a copy of the newspaper containing such publication to each of the nonresident defendants directed to each nonresident defendant's last known place of residence, if such place of residence is known or can be ascertained upon inquiry. (b) The clerk shall make an entry thereof upon the rule docket showing that such notice has been mailed, for which the clerk shall receive a fee of twenty-five cents (25¢), to be collected by the clerk as other costs in the case. (c) Any failure of the clerk to give such notice shall not invalidate or make voidable any proceeding in court against a nonresident defendant. Acts 1923, ch. 13, § 1; Shan. Supp., § 5284a1; mod. Code 1932, §9476; T.C.A. (orig. ed.), § 23-646.
(a) Where publication is made for a nonresident defendant the clerk of the court, in which such suit is filed, shall, immediately after the first publication, mail a copy of the newspaper containing such publication to each of the nonresident defendants directed to each nonresident defendant's last known place of residence, if such place of residence is known or can be ascertained upon inquiry.
(b) The clerk shall make an entry thereof upon the rule docket showing that such notice has been mailed, for which the clerk shall receive a fee of twenty-five cents (25¢), to be collected by the clerk as other costs in the case.
(c) Any failure of the clerk to give such notice shall not invalidate or make voidable any proceeding in court against a nonresident defendant.
Acts 1923, ch. 13, § 1; Shan. Supp., § 5284a1; mod. Code 1932, §9476; T.C.A. (orig. ed.), § 23-646.
Tenn. Code Ann. § 29-19-105 — TN Code / Title 29 / Chapter 19 / Section 29-19-105
Action for use of family
Status: in_force

Any other person may, after the expiration of the ninety (90) days, and within twelve (12) months thereafter, recover the amount of such money, thing, or its value, by action for the use of the spouse; or, if no spouse, the child or children; and, if no child or children, the next of kin of the loser. Code 1858, § 1772; Shan., § 3162; Code 1932, § 7815; T.C.A. (orig. ed.), § 23-1705.
Any other person may, after the expiration of the ninety (90) days, and within twelve (12) months thereafter, recover the amount of such money, thing, or its value, by action for the use of the spouse; or, if no spouse, the child or children; and, if no child or children, the next of kin of the loser.
Code 1858, § 1772; Shan., § 3162; Code 1932, § 7815; T.C.A. (orig. ed.), § 23-1705.
Tenn. Code Ann. § 29-15-113 — TN Code / Title 29 / Chapter 15 / Section 29-15-113
Judgment conforming to verdict or declaration
Status: in_force

The judgment for the plaintiff is that plaintiff recover the possession of the premises according to the verdict, or, if by default or on demurrer, according to the description in the declaration. Code 1858, § 3250 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §4992; Code 1932, § 9140; T.C.A. (orig. ed.), § 23-1319.
The judgment for the plaintiff is that plaintiff recover the possession of the premises according to the verdict, or, if by default or on demurrer, according to the description in the declaration.
Code 1858, § 3250 (deriv. Acts 1851-1852, ch. 152, § 2); Shan., §4992; Code 1932, § 9140; T.C.A. (orig. ed.), § 23-1319.
Tenn. Code Ann. § 29-23-203 — TN Code / Title 29 / Chapter 23 / Section 29-23-203
Answer - Delay in hearing on injunction
Status: in_force

After the reading of the bill in the hearing of the trustee or mortgagee, if the trustee or mortgagee chooses to appear before the judge or chancellor, the trustee or mortgagee may have the right to a delay of proceedings not more than ten (10) days, during which time the trustee or mortgagee may file an answer before the same judge or chancellor. Acts 1873, ch. 10, § 2; Shan., § 6251; Code 1932, § 10537; T.C.A. (orig. ed.), § 23-2403.
After the reading of the bill in the hearing of the trustee or mortgagee, if the trustee or mortgagee chooses to appear before the judge or chancellor, the trustee or mortgagee may have the right to a delay of proceedings not more than ten (10) days, during which time the trustee or mortgagee may file an answer before the same judge or chancellor.
Acts 1873, ch. 10, § 2; Shan., § 6251; Code 1932, § 10537; T.C.A. (orig. ed.), § 23-2403.
Tenn. Code Ann. § 29-41-106 — TN Code / Title 29 / Chapter 41 / Section 29-41-106
Dismissal of abusive civil actions - Remedies - Costs
Status: in_force

(a) If the court finds by a preponderance of the evidence that a person filing a civil action is an abusive civil action plaintiff, and that any or all civil actions filed by the abusive civil action plaintiff against the abusive civil action defendant that are pending before the court are abusive civil actions, the civil actions shall be dismissed. (b) In addition to dismissal of any pending abusive civil action within the jurisdiction of the court, the court shall: (1) Tax all costs of any abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the abusive civil action plaintiff; (2) Award the civil action defendant reasonable attorney fees and all reasonable costs of defending the abusive civil action; and (3) Impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than forty-eight (48) months nor more than seventy-two (72) months. (c) If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may grant to the plaintiff such remedies as may be just, including granting judgment in favor of the plaintiff, granting partial judgment in favor of the plaintiff, or allowing factual interpretations in favor of the plaintiff. (d) If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may: (1) Tax all costs related to litigating the issue of whether the action is an abusive civil action or whether the plaintiff is an abusive civil action plaintiff, against the civil action defendant who made the claim; and (2) Award the civil action plaintiff reasonable attorney fees and all reasonable costs of defending the claim that the action was an abusive civil action or that the plaintiff was an abusive civil action plaintiff. Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
(a) If the court finds by a preponderance of the evidence that a person filing a civil action is an abusive civil action plaintiff, and that any or all civil actions filed by the abusive civil action plaintiff against the abusive civil action defendant that are pending before the court are abusive civil actions, the civil actions shall be dismissed.
(b) In addition to dismissal of any pending abusive civil action within the jurisdiction of the court, the court shall: (1) Tax all costs of any abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the abusive civil action plaintiff; (2) Award the civil action defendant reasonable attorney fees and all reasonable costs of defending the abusive civil action; and (3) Impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than forty-eight (48) months nor more than seventy-two (72) months.
(1) Tax all costs of any abusive civil action pending in the court at the time of the court's finding pursuant to subsection (a) against the abusive civil action plaintiff;
(2) Award the civil action defendant reasonable attorney fees and all reasonable costs of defending the abusive civil action; and
(3) Impose prefiling restrictions upon any civil action the abusive civil action plaintiff attempts to file for a period of not less than forty-eight (48) months nor more than seventy-two (72) months.
(c) If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may grant to the plaintiff such remedies as may be just, including granting judgment in favor of the plaintiff, granting partial judgment in favor of the plaintiff, or allowing factual interpretations in favor of the plaintiff.
(d) If a civil action defendant alleges that a claim is an abusive civil action or that the plaintiff is an abusive civil action plaintiff, and the court finds by a preponderance of the evidence that the action was not an abusive civil action or that the plaintiff is not an abusive civil action plaintiff, the court may: (1) Tax all costs related to litigating the issue of whether the action is an abusive civil action or whether the plaintiff is an abusive civil action plaintiff, against the civil action defendant who made the claim; and (2) Award the civil action plaintiff reasonable attorney fees and all reasonable costs of defending the claim that the action was an abusive civil action or that the plaintiff was an abusive civil action plaintiff.
(1) Tax all costs related to litigating the issue of whether the action is an abusive civil action or whether the plaintiff is an abusive civil action plaintiff, against the civil action defendant who made the claim; and
(2) Award the civil action plaintiff reasonable attorney fees and all reasonable costs of defending the claim that the action was an abusive civil action or that the plaintiff was an abusive civil action plaintiff.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
Tenn. Code Ann. § 29-26-201 — TN Code / Title 29 / Chapter 26 / Section 29-26-201
Short title
Status: in_force

The title of this part is, and may be cited as, the "Therapist Sexual Misconduct Victims Compensation Act." Acts 1995, ch. 463, § 1.
The title of this part is, and may be cited as, the "Therapist Sexual Misconduct Victims Compensation Act."
Acts 1995, ch. 463, § 1.