reglab/housing_qa huggingface dataset:
TN Code § 16-15-727 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-727. Correction of Judgment — Mistakes, Inadvertence, Excusable Neglect and Fraud

  Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes.   Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02.
TN Code § 16-15-728 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-728. Proceedings Presumed Valid

 Every intendment is in favor of the sufficiency and validity of proceedings before general sessions courts, when brought in question, either directly or collaterally, in any of the courts, where it appears on the face of the proceedings that the general sessions court had jurisdiction of the subject matter and of the parties.   Code 1858, § 4176 (deriv. Acts 1851-1852, ch. 100, § 1); Shan., § 5988; Code 1932, § 10189; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-424; Acts 1993, ch. 241, § 45; T.C.A., § 19-1-117.
TN Code § 16-15-729 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-729. Trial De Novo on Appeal — Decision on Merits

 No civil case, originating in a general sessions court and carried to a higher court, shall be dismissed by such court for any informality whatever, but shall be tried on its merits; and the court shall allow all amendments in the form of action, the parties thereto, or the statement of the cause of action, necessary to reach the merits, upon such terms as may be deemed just and proper. The trial shall be de novo, including damages.   Code 1858, § 4177 (deriv. Acts 1851-1852, ch. 100, § 2); Shan., § 5989; mod. Code 1932, § 10190; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-425; Acts 1993, ch. 241, § 46; T.C.A., § 19-1-118; Acts 1995, ch. 418, § 1.
TN Code § 16-15-730 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-730. Presumption of Regularity of Execution

 If the judgment is rendered by one general sessions judge, and execution is issued by another, and in all other cases where steps appear to be taken by one judge instead of another, the presumption, in the absence of proof to the contrary, is that the execution was issued and steps taken regularly.   Code 1858, § 4138; Shan., § 5950; Code 1932, § 10151; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-435; Acts 1993, ch. 241, § 48; T.C.A., § 19-1-120.
TN Code § 16-15-731 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-731. Actions in the Nature of Interpleader

  Notwithstanding any rule of court or any law to the contrary, actions in the nature of interpleader, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the general sessions court, may be filed in general sessions court under this part. Any such action involving money in the custody or possession of a person acting in the capacity of a real estate broker may be filed on forms prescribed by the Tennessee real estate commission pursuant to its authority under § 62-13-203.   The failure of a competing claimant to recover in an interpleader action shall not be considered as a judgment against the competing claimant, and shall not be used to impair the credit of the claimant.
TN Code § 16-15-732 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-732. Removal of Actions — Exceptions

  At any time at least three (3) or more business days prior to the scheduled trial date of a civil action commenced in general sessions court, any defendant in the action may apply to have the action and all the papers of the action removed to a court having jurisdiction of appeals from courts of general sessions. A case properly removed pursuant to this section shall be tried by the appellate court in the same manner as appeals from general sessions court civil actions are currently tried, except there shall be no default or other judgment entered at the general sessions level, and except that a case removed pursuant to this section shall not be subject to any monetary jurisdictional limit that would have applied in the general sessions court if the case had not been removed.   Any defendant seeking to remove an action pursuant to subsection (a) shall file with the application an affidavit stating that the defendant has a substantial defense to the action and/or that the defendant's defense will be of such a complex or expensive nature that the interests of justice require that the defendant not be required to present the defense at the general sessions level. The affidavit shall state the grounds of the defense and why the affiant believes it to be sufficiently substantial, complex or expensive to merit the removal of the case. The affidavit and application shall also be accompanied by a cost bond sufficient to defray all costs that have accrued prior to the time application for removal is made.    If the general sessions judge finds that a defendant's defense is substantial, complex or expensive to present, and that the defendant has posted a sufficient cost bond, the judge shall order the action removed to the court that would have jurisdiction of an appeal if the action had been tried in general sessions court. The judge shall direct the clerk to promptly transmit the papers in the action to the clerk of the court to which the action is removed.   If the judge finds the defense will not be substantial, complex or expensive or that the cost bond is not sufficient, the judge shall deny the application and proceed to try the action.     If an action is removed pursuant to this section, in no event shall an objection to venue be considered by the circuit court, unless raised by a defendant in the defendant's affidavit in support of removal filed in the general sessions court.   This section does not apply in any county having a population of not less than seven hundred seventy thousand (770,000) nor more than seven hundred eighty thousand (780,000), according to the federal census of 1980 or any subsequent federal census.
TN Code § 16-15-733 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-733. Motions Against Officers

  Sheriffs, coroners, constables, and their sureties are liable to judgment by motion for the amount to which the plaintiff is entitled, with interest, and damages at the rate of twelve and one half percent (12.5%) in the following cases:  In the general sessions court of the county where such officer, by virtue of the officer's position, collects or receives money upon any debt or demand, under a magistrate's jurisdiction, put into the officer's hands for collection, and fails to pay it over to the person entitled, whether the officer collected or received the money before or after the issuance of a warrant, or before or after the rendition of judgment;   In the general sessions court having legal custody of the papers, where an execution from a general sessions court having come to the officer's hands, the officer fails to return it within thirty (30) days after its issuance, or where, having collected money on execution issued by a general sessions court, the officer fails or refuses to pay it; and   In the general sessions court of the county on motion by any general sessions judge or witness, for failing to pay over costs on execution, collected and due the officer, or failing to return execution issued for the cost; and any number of cases in favor of one (1) general sessions judge or witness may be joined in one (1) motion.     The inability of the officer to make due return of an execution under subsection (a) on account of sickness, high water or engagement in executing any precept on behalf of the state shall be sufficient excuse to discharge the officer from the penalties prescribed.   The officer, if to be found in the county, shall have five (5) days' notice, in writing, of the time and place of motion.   Before the plaintiff is entitled to judgment against the sureties, the plaintiff shall produce to the court a certified copy of the official bond of the officer.    Code 1858, §§ 4167-4170 (deriv. Acts 1835-1836, ch. 17, §§ 4, 5; Acts 1835-1836, ch. 19, § 6; Acts 1841-1842, ch. 37); Shan., §§ 5979-5982; Code 1932, §§ 10180-10183; modified; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 19-501 — 19-504; Acts 1993, ch. 241, § 51; T.C.A., § 19-2-101.
TN Code § 16-15-734 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-734. Motion by Surety or Stayor

 When any surety or stayor is compelled to pay a general sessions court's judgment against a principal debtor for which the surety or stayor is liable, the surety or stayor may, by motion, before the general sessions court having legal custody of the judgment, recover judgment against the principal debtor for the judgment with interest and costs, or against a cosurety or stayor, for the ratable part thereof, which judgment is not liable to be stayed, except by consent of the surety or stayor in writing.   Code 1858, § 4171 (deriv. Acts 1849-1850, ch. 38, § 3); Shan., § 5983; mod. Code 1932, § 10184; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-505; Acts 1993, ch. 241, § 52; T.C.A., § 19-2-102.
TN Code § 16-15-735 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 7 - Miscellaneous Provisions|§ 16-15-735. Notice to Plaintiff of Possible Additional Defendants

  In cases or controversies arising in a court of general sessions, if a defendant feels that the defendant is either not at fault or that another person is also at fault, the defendant is to notify the opposing party or parties and the clerk of the court in writing forty-eight (48) hours prior to the scheduled date of the hearing of the names, if known, of the other person or persons at fault. If the defendant fails to so notify, the plaintiff shall be entitled to a continuance.   After receiving notice that additional defendants may exist, the clerk of the court shall notify the plaintiff of this fact. The clerk shall automatically continue the hearing for thirty (30) days following notification to the plaintiff that additional defendants exist so the plaintiff can issue service and amend the warrant to include any new defendants.
TN Code § 16-15-801 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 8 - General Provisions|§ 16-15-801. General Sessions Courts Empowered to Issue Execution

 The general sessions court that renders a judgment may issue execution on the judgment.   Code 1858, § 3070 (deriv. Acts 1835-1836, ch. 17, §§ 14, 16); Shan., § 4797; Code 1932, § 8928; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), § 19-601; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-101.
TN Code § 16-15-802 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 8 - General Provisions|§ 16-15-802. Compromise After Appeal

 Where an appeal has been prayed and obtained from a judgment of a general sessions court, if the plaintiff and defendant compromise the case before the papers have been returned to the court to which the appeal was taken, and file with the general sessions court a written notice of the fact, signed by both parties, the general sessions court shall issue execution on the judgment, as if no appeal had been taken.   Code 1858, § 3072 (deriv. Acts 1829, ch. 33, § 5); Shan., § 4799; Code 1932, § 8930; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-603; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-102.
TN Code § 16-15-803 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 8 - General Provisions|§ 16-15-803. Issuance After Destruction of Records

 When the docket book and original papers belonging to the general sessions court are destroyed, and the judge makes oath to that effect, it shall be lawful for the judge, or the judge's successor in office, upon the plaintiff, the plaintiff's agent, attorney, or returning officer filing with the judge an affidavit setting forth the name of the plaintiff or plaintiffs, defendant or defendants, the date and amount of judgment as near as may be, and that the judgment has not been paid, to issue execution as though the original papers and docket book had not been destroyed; and it shall be as good and valid, and have the same force and effect, as other executions issued by general sessions courts.
TN Code § 16-15-805 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 8 - General Provisions|§ 16-15-805. Execution on Personal Property

  The officer levying an execution issued by a general sessions court on personalty shall advertise the sale of the personalty for ten (10) days at one (1) public place in the district in which the defendant resides, at the courthouse door of the county and at two (2) public places in the district where the sale is made, subject to § 26-5-101.   Where there is not sufficient time between the levy and return day of an execution from a general sessions court's judgment to sell, or where, for any reason, the sale cannot be had before the return, the lien given by the levy shall continue, and the general sessions court, or other proper officer, shall issue an order of sale on the execution levied and returned.    Code 1858, §§ 3079, 3084 (deriv. Acts 1829, ch. 90, § 1; Acts 1835-1836, ch. 17, § 4); Shan., §§ 4807, 4812; mod. Code 1932, §§ 8938, 8945; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 19-613, 19-614; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-105.
TN Code § 16-15-806 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 8 - General Provisions|§ 16-15-806. Executions Enforceable in All Counties

 Except with regard to executions on real property that are governed by §§ 16-15-804 and 16-15-805, after the time for filing appeal has expired, the procedure for executions and proceedings supplementary to and in aid of judgments of courts of general sessions, including, but not limited to, garnishments, shall be enforceable in every county in this state in the same manner as a judgment of a court of record.   Code 1858, §§ 3073-3075 (deriv. Acts 1805, ch. 66, §§ 4, 6; Acts 1851-1852, ch. 181, § 3); Shan., §§ 4801-4803; Code 1932, §§ 8932-8934; Acts 1970, ch. 453, § 1; T.C.A. (orig. ed.), §§ 19-615 — 19-617; Acts 1989, ch. 404, § 4; 1993, ch. 241, § 53; T.C.A., § 19-3-106.
TN Code § 16-15-807 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 8 - General Provisions|§ 16-15-807. Priority of Time

 When an execution issued from the judgment of a court of record, and an execution from a general sessions court's judgment, are levied on the same personal property, the execution first levied shall have preference.   Code 1858, § 3078 (deriv. Acts 1845-1846, ch. 72); Shan., § 4806; Code 1932, § 8937; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-618; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-107.
TN Code § 16-15-901 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 9 - Service of Process|§ 16-15-901. Issuance and Service of Civil Warrants, Writs and Other Papers

  Upon filing of civil warrants, writs and other papers, the clerk of the general sessions court in which the civil warrants, writs or other papers are filed, shall issue the required process, writs or other papers, and cause it or them, with necessary copies of the civil warrant, writ or papers, to be delivered for service to the person authorized to serve process as may be designated by the party filing the civil warrant, writ or other papers or the party's attorney if represented by counsel. The authorized person shall serve the civil warrant, writ or other papers, and the return endorsed on the warrant, writ or other papers shall be proof of the time and manner of service. A civil warrant, writ or other papers may be issued for service in any county, against any defendant or additional defendants.   A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age. Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit. If service of process is made by a private process server, the process server must be identified by name and a mailing or physical address on the service return or in a supplemental affidavit. Failure of the process server to include this information does not render the service invalid if the service is otherwise valid, but the court may require a private process server to provide the private process server's mailing or physical address to the party on whom process was served.   Nothing in this section shall affect existing laws with respect to venue.
TN Code § 16-15-902 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 9 - Service of Process|§ 16-15-902. Return

  Any person serving the process from the general sessions court shall promptly and within the time during which the person is served must respond, make proof of service to the court and shall identify the person served and shall describe the manner of service.   Process shall be served within sixty (60) days of issuance.   When process is served by mail, the original warrant, writ or other papers shall be endorsed by manner of service. In addition, an affidavit of the person making service setting forth the personal compliance of this section and the return receipt shall be sent to and filed with the clerk of the court. The person making service in this manner shall endorse over the signature on the original warrant, writ or other papers the date of mailing a certified copy of the warrant, writ or other papers to the defendant and the date of receipt of return receipt from the defendant. If the return receipt is signed by the defendant or any person designated by this section or by statute, service on the defendant is complete. If not, service by mail may be attempted or any other methods authorized by this section or by statute may be used.
TN Code § 16-15-904 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 9 - Service of Process|§ 16-15-904. Service Upon Defendants Outside of State

   Whenever the law of this state authorizes service outside this state, service, when reasonably calculated to give notice, may be made:  By any form of service authorized within this state pursuant to this part;   In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and   As directed by the court.     This section is inapplicable when service is effected in a place not within any judicial district of the United States.     Service of process pursuant to this section shall include a copy of the warrant, writ or other papers.   Service by mail upon a corporation shall be addressed to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation.   Service by mail upon a partnership or unincorporated association, included a limited liability company, that is named defendant upon a common name shall be addressed to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association.   When service of a warrant, writ, or other papers is provided for or permitted by registered or certified mail under the laws of this state, and the addressee, or the addressee's agent, refuses to accept delivery, and it is so stated in the return receipt of the United States postal service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the warrant, writ, or other papers. Service by mail is complete upon mailing. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains either:  A return receipt showing personal acceptance by the defendant or by persons designated by statute; or   A return receipt stating that the addressee or the addressee's agent refused to accept delivery, which is deemed to be personal acceptance by the defendant pursuant to this subsection (e).
TN Code § 16-15-905 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 9 - Service of Process|§ 16-15-905. Constructive Service

 In cases where constructive service of process is permissible under the statutes of this state, constructive service shall be made in the manner prescribed by those statutes, unless otherwise expressly provided in this part.
TN Code § 16-15-5002 (2021)
2021 Tennessee Code|Title 16 - Courts|Chapter 15 - Courts of General Sessions|Part 50 - Compensation and Qualifications of Judges — Jurisdiction|§ 16-15-5002. Time Judge Must Devote to Office — Practice of Law or Other Employment

  All general sessions judges in Class 1, 2 or 3 counties shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.   General sessions judges in Class 4 through Class 8 counties shall be considered part-time judges and shall not be prohibited from the practice of law or other gainful employment while serving as judge except to the extent the practice or employment constitutes a conflict of interest.   Notwithstanding this section to the contrary, a judge of the general sessions court in any county with a population of not less than eighteen thousand three hundred one (18,301) nor more than eighteen thousand four hundred (18,400), according to the 2010 federal census or any subsequent federal census, upon adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body, shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.