reglab/housing_qa huggingface dataset:
TN Code § 20-5-107 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-107. Prosecution of Action by Representative or Surviving Spouse or Next of Kin

  The action may be instituted by the personal representative of the deceased or by the surviving spouse in the surviving spouse's own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin; also, without the consent of the personal representative, either may use the personal representative's name in bringing and prosecuting the suit, on giving bond and security for costs, or in the form prescribed for paupers. The personal representative shall not, in such case, be responsible for costs, unless the personal representative signs the prosecution bond in an individual capacity.   In no event shall a parent be permitted to recover through an action commenced pursuant to subsection (a) until all child support arrearages, together with interest on the child support arrearages, at the legal rate of interest computed from the date each payment was due, have been paid in full to the parent ordered to receive the support or to the parent's estate if deceased.   Notwithstanding any law to the contrary, a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period, shall not be permitted to recover through an action commenced pursuant to subsection (a) and § 20-5-106.   Nothing in this section shall be construed to prevent the institution of an action by a child with respect to the death of a parent.    Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.   If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.   In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.   In no event shall any action for wrongful death abate, or the statute of limitations bar, an action solely as a result of a finding the surviving spouse's rights are waived. Instead the court shall substitute the proper party.      Code 1858, § 2292 (deriv. Acts 1849-1850, ch. 58, §§ 1, 2; 1851-1852, ch. 17); Acts 1871, ch. 78, § 2; Shan., § 4026; mod. Code 1932, § 8237; Acts 1975, ch. 284, § 2; T.C.A. (orig. ed.), § 20-608; Acts 1994, ch. 939, § 1; 2003, ch. 25, § 1; 2011, ch. 366, § 2.
TN Code § 20-5-108 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-108. Continuation of Decedent's Action

  If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor.   The damages shall go to the surviving spouse and next of kin free from the claims of creditors.    Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. (orig. ed.), § 20-609.
TN Code § 20-5-110 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-110. Action for Death of Spouse

  A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.   The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.    Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.   If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.   In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.   A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action.
TN Code § 20-5-111 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-111. Death of Beneficiary Before Action

 Death of a primary beneficiary, after the death of one so injured and before suit is brought, shall not work a loss of cause of action, which shall be deemed to survive in behalf of those who, after the beneficiary, are the next of kin of the decedent.   Code 1932, § 8243; T.C.A. (orig. ed.), § 20-612.
TN Code § 20-5-112 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-112. Death of Beneficiary During Action

 No suit for personal injuries or death from a wrongful act, in any of the courts of this state, whether on appeal or otherwise, and whether in an inferior or appellate court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit the suit was brought, and the suit shall be proceeded with to final judgment, as though the beneficiary or beneficiaries had not died, for the use and benefit of the next of kin of the deceased beneficiary.
TN Code § 20-5-113 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-113. Damages Recoverable in Wrongful Death

 Where a person's death is caused by the wrongful act, fault or omission of another and suit is brought for damages, as provided for by §§ 20-5-106 and 20-5-107, the party suing shall, if entitled to damages, have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.
TN Code § 20-5-114 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-114. Death of Executor or Administrator

 When any sole executor or administrator is plaintiff or defendant and dies, the suit may be revived by or against the executor, administrator de bonis non or other successor in the interest of the decedent.   Code 1858, § 2853 (deriv. Acts 1825, ch. 65, §§ 4, 5); Shan., § 4574; Code 1932, § 8699; T.C.A. (orig. ed.), § 20-616.
TN Code § 20-5-116 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-116. Party Substituted in Revivor

 Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent's place in the subject matter of the litigation.   Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1; 1794, ch. 1, § 64; 1809 (Sept.), ch. 121, § 3); Shan., § 4579; Code 1932, § 8704; T.C.A. (orig. ed.), § 20-618.
TN Code § 20-5-117 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-117. Death of Nominal Plaintiff

 Where a suit is commenced in the name of one person for the use of another and the nominal plaintiff dies, the suit may be prosecuted without a revivor, as if the death had not happened.   Code 1858, § 2858 (deriv. Acts 1825, ch. 29, § 3); Shan., § 4578; Code 1932, § 8703; T.C.A. (orig. ed.), § 20-621.
TN Code § 20-5-120 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 5 - Abatement and Survival of Actions|§ 20-5-120. Automobile Liability Insurance Carrier Negligent in Failing to Settle Claim Against Insured — Survival of Action — Assignment of Right of Action for Benefit of Creditors

  Any cause of action belonging to an insured person against the insured's automobile liability insurance carrier, based upon the negligence or bad faith of the insurance carrier in failing or refusing to settle any claim against the insured person within the limits of the insured's automobile liability insurance policy, shall survive the death of the insured person and shall pass to the insured's personal representative.   Any cause of action within the purview of subsection (a) shall by operation of law be assigned to and be an asset belonging to any trustee in bankruptcy, receiver or other person acting in a representative capacity for the creditors of the insured person, and the cause of action may be filed and maintained by the trustee, receiver or other person acting in a representative capacity for the creditors of the insured person in the trustee's, receiver's or representative's own name as the representative in any court having jurisdiction and venue of the cause of action against the automobile liability insurance carrier of the insured person.   No action within the purview of subsection (a) now pending or hereafter filed in any court of this state shall be abated or dismissed by any court upon the grounds that the action is or was not assignable by the insured person to one (1) of the persons or class of persons as set out in subsections (a) and (b).
TN Code § 20-7-101 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 7 - Continuances|§ 20-7-101. Grounds — Timing

 Continuances are regulated by this chapter, and may always be granted by the court, upon good cause shown, in any stage of the action.   Code 1858, § 4245 (deriv. Acts 1794, ch. 1, § 26); Shan., § 6083; mod. Code 1932, § 10341; T.C.A. (orig. ed.), § 20-1101.
TN Code § 20-7-102 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 7 - Continuances|§ 20-7-102. Consent of Parties

 Any cause may be continued by mutual consent of the parties when approved by the court, or on sufficient cause shown by affidavit.
TN Code § 20-7-103 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 7 - Continuances|§ 20-7-103. Terms on Which Granted

 The court, in so entering or in granting continuances, may impose terms upon the party at whose instance the cause has been continued, by making the party pay costs, or otherwise, as may best further the progress of the cause and the ends of justice.   Code 1858, § 2942 (deriv. Acts 1779 (Apr.), ch. 4, § 5); Shan., § 4663; Code 1932, § 8791; T.C.A. (orig. ed.), § 20-1103.
TN Code § 20-7-104 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 7 - Continuances|§ 20-7-104. Judgment for Costs

 If a continuance is granted on payment of costs, the court shall enter judgment and award execution for the costs.   Code 1858, § 2943 (deriv. Acts 1829, ch. 33, § 4); Shan., § 4664; Code 1932, § 8792; T.C.A. (orig. ed.), § 20-1104.
TN Code § 20-7-105 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 7 - Continuances|§ 20-7-105. Death of Party During Continuance

 The death of a party shall not prevent a trial at the term at which the cause is revived.   Code 1858, § 2944; Shan., § 4665; mod. Code 1932, § 8793; T.C.A. (orig. ed.), § 20-1105.
TN Code § 20-7-106 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 7 - Continuances|§ 20-7-106. Member of General Assembly as Attorney, Party or Witness in Case

 Upon the motion of a member of the general assembly qualified to make such motion under this section, or the member's attorney or representative, any court, constituted under the laws of this state, any administrative board or commission or other agency authorized to conduct hearings shall grant a continuance or postponement of the proceedings, at any stage of the action, if it is shown that an attorney, party or material witness is a member of the general assembly and that:   The general assembly is in annual regular session or special session; or   The attorney, party or material witness would be required to be absent from any meeting of a legislative committee while the general assembly is not in session if a continuance is not granted.
TN Code § 20-8-101 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 8 - Trial Dockets|§ 20-8-101. Priority of Causes

  The clerk shall enter causes upon the clerk's trial docket in the order in which they become ready for trial, giving the cause first ready for trial, either by due course of law or consent of parties, priority of position on the docket.   If a number of causes become ready for trial at the same time, they shall be entered on the docket in the order of their commencement.    Code 1858, §§ 2945, 2946; Shan., §§ 4666, 4667; Code 1932, §§ 8794, 8795; T.C.A. (orig. ed.), § 20-1207.
TN Code § 20-8-102 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 8 - Trial Dockets|§ 20-8-102. Style of Case Not to Be Changed by Clerk

 The clerk of the court shall not change the style of any cause, or papers in the cause, without permission of the chancellor or judge presiding, after the cause has been docketed.
TN Code § 20-8-103 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 8 - Trial Dockets|§ 20-8-103. Order of Trial

 Causes, except those given preference by law, thus docketed shall be tried and disposed of in their order, unless the parties consent to a different arrangement or rules of practice otherwise provide.   Code 1858, § 2947; Shan., § 4668; mod. Code 1932, § 8796; T.C.A. (orig. ed.), § 20-1209.
TN Code § 20-8-104 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 8 - Trial Dockets|§ 20-8-104. Apportionment of Causes

 The court may, in its discretion, direct the clerk to apportion the causes for as many days of the term as may be deemed necessary for their trial and disposition. This apportionment shall not affect legal priority.   Code 1858, § 2948; Shan., § 4672; mod. Code 1932, § 8800; T.C.A. (orig. ed.), § 20-1210.   Law Reviews.   The Tennessee Court System — Chancery Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 281.
TN Code § 20-8-105 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 8 - Trial Dockets|§ 20-8-105. Public Causes Advanced on Docket

 It is the duty of the court to advance upon the docket causes the decision of which directly involves questions concerning the public revenues, whether of state, county or municipality, questions concerning the boundaries of counties, towns or cities, or concerning public officers as to their eligibility, qualifications or appointment, or their lawful functions, so that such cause may be heard and determined with the least delay consistent with the proper investigation of such causes upon their merits.
TN Code § 20-8-106 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 8 - Trial Dockets|§ 20-8-106. Time for Trial of Cases Involving State

 The trial judge of any of the courts of law or equity shall appoint any time that the judge deems proper for the trial of any civil cause in which the state is a party in interest, directly or in any other way. The cause may be so specifically set for trial, without reference to its relative position on the docket.
TN Code § 20-10-101 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 10 - Additur and Remittitur|§ 20-10-101. Additur

   In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the jury, or both such classes of damages.   If the additur is accepted by the defense, it shall then be ordered by the trial judge and become the verdict, and if not accepted, the trial judge shall grant the plaintiff's motion for a new trial because of the inadequacy of the verdict upon proper motion being made by the plaintiff.      In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be increased and an additur is suggested by the trial judge on that account, with the proviso that in case the party against whom the verdict has been rendered refuses to make the additur, a new trial will be awarded, the party against whom such verdict has been rendered may make such additur under protest, and appeal from the action of the trial judge to the court of appeals.   The court of appeals shall review the action of the trial court suggesting an additur using the standard of review provided for in T.R.A.P. 13(d) applicable to decisions of the trial court sitting without a jury. If the court of appeals is of the opinion that the verdict of the jury should not have been increased or that the amount of the additur is improper, but that the judgment of the trial court is correct in all other respects, the case shall be reversed to that extent, and the court of appeals may order remitted all or any part of the additur.
TN Code § 20-10-102 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 10 - Additur and Remittitur|§ 20-10-102. Remittitur

  In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be reduced and a remittitur is suggested by the trial judge on that account, with the proviso that in case the party in whose favor the verdict has been rendered refuses to make the remittitur, a new trial will be awarded, the party in whose favor such verdict has been rendered may make such remittitur under protest, and appeal from the action of the trial judge to the court of appeals.   The court of appeals shall review the action of the trial court suggesting a remittitur using the standard of review provided for in T.R.A.P. 13(d) applicable to decisions of the trial court sitting without a jury. If, in the opinion of the court of appeals, the verdict of the jury should not have been reduced, but the judgment of the trial court is correct in other respects, the case shall be reversed to that extent, and judgment shall be rendered in the court of appeals for the full amount originally awarded by the jury in the trial court.
TN Code § 20-10-103 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 10 - Additur and Remittitur|§ 20-10-103. Remittitur Under Protest — Review by Supreme Court

  If the judgment of the trial court with regard to a remittitur is affirmed in the court of appeals, so that a party is required to make a remittitur or suffer a new trial, as in the judgment of the trial court, or if, by the opinion of the court of appeals, a further or a larger remittitur is required of the party in whose favor the verdict was rendered, or if after the case was tried in the lower court by the trial judge without a jury, or if after the case was tried in the lower court with a jury and no remittitur was suggested by the trial judge, a remittitur is first suggested or required in the court of appeals, on penalty of granting a new trial, then in each and all of these events the party in whose favor the verdict or judgment has been rendered may make the remittitur under protest in the court of appeals, and take the case, by application for permission to appeal, for review upon that point, to the supreme court.   If, in the opinion of the supreme court, the verdict should not have been reduced, and the court of appeals was in error in affirming the action of the trial court as to the remittitur, or if the court of appeals was, itself, in error in suggesting a remittitur for the first time in that court, or in suggesting a further or larger remittitur than that suggested in the trial court, and if the judgment is otherwise correct, the case shall be reversed to that extent, and judgment shall be rendered in the supreme court for the full amount originally awarded by the jury or the trial judge sitting without a jury, as the case may be.
TN Code § 20-11-103 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 11 - Formal Defects in Proceedings|§ 20-11-103. Defective Verdict

 Any defect in entering a verdict where there are different issues, or the verdict is not responsive to the issues, shall be objected to before judgment is entered, or the objection will be considered waived.   Code 1858, § 2873 (deriv. Acts 1851-1852, ch. 152, § 7); Shan., § 4593; Code 1932, § 8717; T.C.A. (orig. ed.), § 20-1509.
TN Code § 20-11-105 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 11 - Formal Defects in Proceedings|§ 20-11-105. Penal and Qui Tam Actions

 This chapter shall apply to penal and qui tam as well as civil actions.   Code 1858, § 2871 (deriv. Acts 1851-1852, ch. 152, § 6); Shan., § 4591; mod. Code 1932, § 8715; T.C.A. (orig. ed.), § 20-1511.
TN Code § 20-11-108 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 11 - Formal Defects in Proceedings|§ 20-11-108. General Sessions Court Proceedings on Appeal

 In appeals from courts of general sessions, the circuit court shall supply any defect in the proceedings of the inferior jurisdiction, as though the suit had been commenced in the circuit court.   Code 1858, § 2875 (deriv. Acts 1821, ch. 21; 1837-1838, ch. 130, § 1); Shan., § 4595; Code 1932, § 8719; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1514.
TN Code § 20-11-109 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 11 - Formal Defects in Proceedings|§ 20-11-109. Copy of Lost Paper

 If an original process, pleading or paper in a cause is lost or withheld by any person, the court may, at any stage of the suit, authorize its place to be supplied by a copy to be used instead of the original.   Code 1858, § 2876; Shan., § 4596; mod. Code 1932, § 8720; T.C.A. (orig. ed.), § 20-1515.
TN Code § 20-12-101 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 12 - Costs|§ 20-12-101. Recovery by Successful Party

 The successful party in all civil actions is entitled to full costs, unless otherwise directed by law or by a court of record, for which judgment shall be rendered.   Code 1858, § 3197 (deriv. Acts 1794, ch. 1, § 74); Shan., § 4938; mod. Code 1932, § 9091; T.C.A. (orig. ed.), § 20-1601.
TN Code § 20-12-102 (2021)
2021 Tennessee Code|Title 20 - Civil Procedure|Chapter 12 - Costs|§ 20-12-102. Litigation Tax

 Litigation taxes shall be payable as required by §§ 67-4-602 — 67-4-606. A successful plaintiff in any civil action shall be reimbursed by the defendant for any litigation tax incurred, in the same manner as are costs.   Code 1958, § 551; Shan., § 706; Code 1932, § 1257; Acts 1961, ch. 310, § 1; T.C.A. (orig. ed.), § 20-1602; Acts 1982, ch. 925, § 1.