reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-118 - DNA analysis - Admissibility in evidence

(a)
As used in this section, unless the context otherwise requires, "DNA analysis" means the process through which deoxyribonucleic acid (DNA) in a human biological specimen is analyzed and compared with DNA from another biological specimen for identification purposes.
(b)
(1)
In any civil or criminal trial, hearing or proceeding, the results of DNA analysis, as defined in subsection (a), are admissible in evidence without antecedent expert testimony that DNA analysis provides a trustworthy and reliable method of identifying characteristics in an individual's genetic material upon a showing that the offered testimony meets the standards of admissibility set forth in the Tennessee Rules of Evidence.
(2)
Nothing in this section shall be construed as prohibiting any party in a civil or criminal trial from offering proof that DNA analysis does not provide a trustworthy and reliable method of identifying characteristics in an individual's genetic material, nor shall it prohibit a party from cross-examining the other party's expert as to the lack of trustworthiness and reliability of such analysis.
(c)
In any civil or criminal trial, hearing or proceeding, statistical population frequency evidence, based on genetic or blood test results, is admissible in evidence to demonstrate the fraction of the population that would have the same combination of genetic markers as was found in a specific biological specimen. For purposes of this subsection (c), "genetic marker" means the various blood types or DNA types that an individual may possess.
Acts 1991, ch. 480, § 3; T.C.A., §
24-7-117
.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-119 - Introduction of reproduction in place of original

(a)
If any business, institution, member of a profession or calling, or any department or agency of government, in the regular course of business or activity has kept or created any writing, recording or photograph of any act, transaction, occurrence or event, and in the regular course of business has caused any or all of the same to be recorded, copied, or reproduced by any photographic, photostatic, microfilm, microcard, miniature photographic, electronic image or other process which accurately reproduces or forms a durable medium for so reproducing the original, the original may be destroyed in the regular course of business unless its preservation is required by law.
(b)
Such reproduction, when satisfactorily identified, is as admissible in evidence as the original itself in any judicial or administrative proceeding whether the original is in existence or not, and an enlargement or facsimile of such reproduction is likewise admissible in evidence if the original reproduction is in existence and available for inspection under direction of court.
(c)
The introduction of a reproduced record, enlargement or facsimile does not preclude admission of the original.
Acts 1998, ch. 995, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-122 - Medical records

(a)
As used in this section, "medical records" means all written clinical information that relates to the treatment of individuals, when the information is kept in an institution.
(b)
Medical records or reproductions of medical records, when duly certified by their custodian, physician, physical therapist or chiropractor, need not be identified at the trial and may be used in any manner in which records identified at the trial by these persons could be used. The records shall be accompanied by a statement signed by the person containing the following information:
(1)
The person has authority to certify the records;
(2)
The copy is a true copy of all the records described in the subpoena; and
(3)
The records were prepared by the personnel of the company acting under the control of the company, in the ordinary course of business.
(c)
When records or reproductions of records are used at trial pursuant to this section, the party desiring to use the records or reproductions in evidence shall serve the opposing party with a copy of the records or reproductions no later than sixty (60) days before the trial, with notice that the records or reproductions may be offered in evidence, notwithstanding any other rules or statutes to the contrary.
Acts 2006, ch. 842, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-124 - Results of radar, laser or similar devices used to measure the speed of a motor vehicle - Results of a breathalyzer or similar device to measure blood alcohol content

(a)
In any judicial or administrative proceeding in which the results of a radar, laser or similar device used to measure the speed of a motor vehicle are being introduced for the purpose of proving the speed of the motor vehicle or the conduct of the driver of the vehicle, such results shall not be admissible for such purposes unless the law enforcement officer operating the device has been trained pursuant to guidelines established by the National Highway Traffic Safety Administration or the Tennessee peace officer standards and training (POST) commission.
(b)
In any judicial or administrative proceeding in which the results of a breathalyzer or similar device used to measure the alcohol content in a person's blood are being introduced for the purpose of proving the alcohol content in a person's blood or the intoxication of such person, such results shall not be admissible for such purposes unless the law enforcement officer operating the device has been trained by a recognized organization in the field as qualified to operate the device used.
Acts 2010, ch. 703, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 7 - ADMISSIBILITY OF EVIDENCE (§§ 24-7-101 — 24-7-125) › Section 24-7-125 - Admissibility of evidence of other crimes, wrongs, or acts - Conditions for admission

In a criminal case, evidence of other crimes, wrongs, or acts is not admissible to prove the character of any individual, including a deceased victim, the defendant, a witness, or any other third party, in order to show action in conformity with the character trait. It may, however, be admissible for other purposes. The conditions which must be satisfied before allowing such evidence are:
(1)
The court upon request must hold a hearing outside the jury's presence;
(2)
The court must determine that a material issue exists other than conduct conforming with a character trait and must upon request state on the record the material issue, the ruling, and the reasons for admitting the evidence;
(3)
The court must find proof of the other crime, wrong, or act to be clear and convincing; and
(4)
The court must exclude the evidence if its probative value is outweighed by the danger of unfair prejudice.
Added by 2014 Tenn. Acts, ch. 713,s 2, eff. 7/1/2014.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-101 - Affidavit of loss

Any lost instrument may be supplied by affidavit of any person acquainted with the facts, stating the contents thereof, as near as may be, and that such instrument has been unintentionally lost or mislaid, and is still the property of the person claiming under it, unpaid and unsatisfied.
Code 1858, § 3901 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5694; Code 1932, § 9879; T.C.A. (orig. ed.), § 24-801.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-102 - Instrument in possession of adverse party

If an instrument is wrongfully in the possession of the opposite party, who fails to produce it upon notice, its place may be supplied by the affidavit of any person acquainted with the facts, stating the contents as near as may be, the wrongful possession of the opposite party, notice to produce, and that such instrument is the property of the person claiming under it, unpaid and unsatisfied.
Code 1858, § 3902 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5695; Code 1932, § 9880; T.C.A. (orig. ed.), § 24-802.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-103 - Effect of affidavit

If the instrument is one which the law requires should be denied under oath, the affidavit, produced before or at the trial, shall be sufficient to establish the claimant's right, whether such claimant is plaintiff or defendant; and if denied under oath, or otherwise legally put in issue, may be established by competent evidence of its contents.
Code 1858, § 3903 (deriv. Acts 1819, ch. 27, §§ 1, 3, 4); Shan., § 5696; Code 1932, § 9881; T.C.A. (orig. ed.), § 24-803.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-104 - Requirement of indemnity bond

The court, before whom the action is tried, may, in case recovery is had upon a lost instrument, require the party claiming under it to give bond with good security, in double the amount of the claim, payable to the opposite party, and conditioned to indemnify such party against any demand by action on such lost instrument; and execution shall be stayed until such bond is given.
Code 1858, § 3904 (deriv. Acts 1819, ch. 27, § 6); Shan., § 5697; Code 1932, § 9882; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 24-804.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-105 - Sureties on indemnity bond

In cases of lost notes, bonds, life insurance policies, and other instruments which by law are negotiable or assignable when the party claiming under the same is required to execute a bond to indemnify the party issuing the same, it shall be lawful for such indemnity bond to be secured either by personal sureties or by corporations lawfully authorized to become sureties on such bonds; and the party demanding the execution of such bond shall accept same in either form.
Acts 1919, ch. 35, § 1; Shan. Supp., § 5697a1; Code 1932, §9883; T.C.A. (orig. ed.), § 24-805.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-106 - Action without bond

The person recovering on such lost instrument may, however, after the lapse of two (2) years from the maturity of such instrument, enforce such person's recovery without giving the bond prescribed in §§
24-8-104
and
24-8-105
, in which case, the person from whom the recovery is had, may plead the judgment in bar of an action by the actual holder of such lost instrument.
Code 1858, § 3905 (deriv. Acts 1851-1852, ch. 86, §§ 1, 2); Shan., § 5698; Code 1932, § 9884; T.C.A. (orig. ed.), § 24-806.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-107 - Intervention by true owner

If the actual holder of such lost instrument brings an action thereon after the lost instrument has been recovered in accordance with this chapter, the true owner may intervene and defend the action.
Code 1858, § 3906 (deriv. Acts 1851-1852, ch. 86, § 2); Shan., §5699; Code 1932, § 9885; T.C.A. (orig. ed.), § 24-807.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-109 - Lost records

Any record, proceeding, or paper filed in an action, either at law or equity, if lost or mislaid unintentionally, or fraudulently made away with, may be supplied, upon application, under the orders of the court, by the best evidence of which the nature of the case will admit.
Code 1858, § 3907 (deriv. Acts 1847-1848, ch. 116, § 1); Shan., §5701; Code 1932, § 9887; T.C.A. (orig. ed.), § 24-809.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 8 - LOST EVIDENCE (§§ 24-8-101 — 24-8-110) › Section 24-8-110 - Retaking lost depositions

If the lost papers consist of depositions, the court may, in its discretion, order the testimony to be retaken, if the witnesses are alive.
Code 1858, § 3908 (deriv. Acts 1847-1848, ch. 116, § 2); Shan., §5702; Code 1932, § 9888; T.C.A. (orig. ed.), § 24-810.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 1 - GENERAL PROVISIONS (§§ 24-9-101 — 24-9-137) › Section 24-9-101 - Deponents exempt from subpoena to trial but subject to subpoena to deposition - Award of fees and expenses if court grants motion to quash

(a)
Deponents exempt from subpoena to trial but subject to subpoena to a deposition are:
(1)
An officer of the United States;
(2)
An officer of this state;
(3)
An officer of any court or municipality within the state;
(4)
The clerk of any court of record other than that in which the suit is pending;
(5)
A member of the general assembly while in session, or clerk or officer thereof;
(6)
A practicing physician, physician assistant, advanced practice registered nurse, psychologist, senior psychological examiner, chiropractor, dentist or attorney;
(7)
A jailer or keeper of a public prison in any county other than that in which the suit is pending;
(8)
A custodian of medical records, if such custodian files a copy of the applicable records and an affidavit with the court and follows the procedures provided in title 68, chapter 11, part 4, for the production of hospital records pursuant to a subpoena duces tecum; and
(9)
A licensed clinical social worker, as defined in §
63-23-105
and engaged solely in independent clinical practice, in proceedings in which the department of children's services is the petitioner or intervening petitioner.
(b)
If the court grants a motion to quash a subpoena issued pursuant to subsection (a), the court may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena.
Amended by 2018 Tenn. Acts, ch. 851,s 1, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 980,s 1, eff. 7/1/2016.
Acts 1986, ch. 750, § 1; 1991, ch. 456, § 1; 2006, ch. 729, § 1; 2009, ch. 55, § 1; 2012, ch. 678, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 1 - GENERAL PROVISIONS (§§ 24-9-101 — 24-9-137) › Section 24-9-102 - General sessions cases

(a)
Discovery pursuant to Rules 26-37 of the Tennessee Rules of Civil Procedure, excluding physical and mental examinations under Rule 35 of such rules, may be taken in all civil cases pending in the courts of general sessions in the discretion of the court after motion showing both good cause and exceptional circumstances and pursuant to an order describing the extent and conditions of such discovery.
(b)
Depositions of custodians of hospital and medical records may be taken in all cases pending before the judges of the courts of general sessions, under the same rules, regulations, and restrictions as in cases pending in the courts of record.
Acts 1986, ch. 750, § 1; 1988, ch. 943, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 1 - GENERAL PROVISIONS (§§ 24-9-101 — 24-9-137) › Section 24-9-104 - Commissions to take depositions

Any court of record, or any clerk thereof, may issue commissions to take depositions.
Acts 1991, ch. 273, § 37.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 1 - GENERAL PROVISIONS (§§ 24-9-101 — 24-9-137) › Section 24-9-135 - Persons before whom depositions to be taken

Depositions taken in this state that are to be used in its courts shall be taken before:
(1)
A hearing examiner;
(2)
A judge, clerk, commissioner, or official reporter of a court;
(3)
A licensed court reporter;
(4)
A notary public; or
(5)
Before other persons and under other circumstances authorized by law.
Acts 2000, ch. 741, § 1; 2010, ch. 1123, § 9.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 1 - GENERAL PROVISIONS (§§ 24-9-101 — 24-9-137) › Section 24-9-137 - Person forbidden to take deposition pursuant to Section 24-9-136 not to record or transcribe any hearing concerning action

Any person forbidden to take a deposition in an action pursuant to §
24-9-136
shall not record or transcribe for submission to any court or administrative tribunal any hearing before any court or administrative agency concerning the action.
Acts 2009 , ch. 427, § 2.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-201 - Short title

This part shall be known and may be cited as the "Uniform Interstate Depositions and Discovery Act."
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Foreign jurisdiction" means a state other than Tennessee;
(2)
"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction;
(3)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality, or any other legal or commercial entity;
(4)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, federally recognized Indian tribes, or any territory or insular possession subject to the jurisdiction of the United States; and
(5)
"Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(A)
Attend and give testimony at a deposition;
(B)
Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(C)
Permit inspection of premises under the control of the person.
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-203 - Issuance of subpoena

(a)
A party may submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. The request for and issuance of a subpoena in this state under this part shall not constitute making an appearance in the courts of this state.
(b)
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with the rules of court, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed. The subpoena shall incorporate the terms used in the foreign subpoena and contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-204 - Service of subpoena

A subpoena issued by a clerk of court under §
24-9-203
shall be served in compliance with the Tennessee Rules of Civil Procedure relative to service of process.
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-205 - Deposition, production, and inspection

When a subpoena issued under §
24-9-203
commands a person to attend and give testimony at a deposition, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises, the time and place and the manner of the taking of the deposition, the production, or the inspection must comply with the Tennessee Rules of Civil Procedure relative to discovery.
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-206 - Application to court

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under §
24-9-203
shall comply with the applicable rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 2 - UNIFORM INTERSTATE DEPOSITIONS AND DISCOVERY ACT (§§ 24-9-201 — 24-9-207) › Section 24-9-207 - Award of attorney's fees and expenses

If the court grants a motion to modify or quash a subpoena issued pursuant to this part, the court, in its discretion, may award the party subpoenaed its reasonable attorney's fees and expenses incurred in defending against the subpoena. A final order of the court awarding attorney's fees and expenses shall have the status of a judgment entitled to full faith and credit under the constitution of the United States. If the court sustains the subpoena as issued, the court in its discretion may award the prevailing party its reasonable attorney's fees and expenses.
Acts 2008, ch. 908, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-301 - Short title

This part may be cited as the "Uniform Unsworn Foreign Declarations Act."
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-302 - Part definitions

In this part:
(1)
"Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States;
(2)
"Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order;
(3)
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form;
(4)
"Sign" means with present intent to authenticate or adopt a record:
(A)
To execute or adopt a tangible symbol; or
(B)
To attach to or logically associate with the record an electronic symbol, sound, or process;
(5)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States;
(6)
"Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit; and
(7)
"Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-303 - Applicability of part

This part applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This part does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-304 - Validity of unsworn declaration

(a)
Except as otherwise provided in subsection (b), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this part has the same effect as a sworn declaration.
(b)
This part does not apply to:
(1)
A deposition;
(2)
An oath of office;
(3)
An oath required to be given before a specified official other than a notary public;
(4)
A declaration to be recorded pursuant to title 66, chapter 24; or
(5)
An oath required by §
32-2-110
.
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-305 - Required medium

If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-306 - Form of unsworn declaration

An unsworn declaration under this part must be in substantially the following form:
I declare under penalty of perjury under the law of Tennessee that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.
Executed on the ______________ day of ______________, ______________, at
(date)
(month)
(year)
____________________ ______________.
(city or other location, and state) (country)
____________________
(printed name)
____________________
(signature)
Acts 2010 , ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-307 - Uniformity of application and construction

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.
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 24 - EVIDENCE AND WITNESSES (§§ 24-1-201 — 24-9-308) › Chapter 9 - DEPOSITIONS (§§ 24-9-101 — 24-9-308) › Part 3 - UNIFORM UNSWORN FOREIGN DECLARATIONS ACT (§§ 24-9-301 — 24-9-308) › Section 24-9-308 - Relation to Electronic Signatures in Global and National Commerce Act

This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (
15 U.S.C. § 7001
et seq.), but does not modify, limit, or supersede § 101(c) of that act (
15 U.S.C. § 7001(c)
), or authorize electronic delivery of any of the notices described in § 103(b) of that act (
15 U.S.C. § 7003(b)
).
Acts 2010, ch. 902, § 1.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-102 - Action on bond or agreement

In actions brought on bonds or agreements for the payment of money, or with collateral conditions, and recovery had by the plaintiff, the judgment shall be entered for the stipulated penalty, to be discharged by the payment of the principal and interest due thereon, or the damages assessed by the jury, and execution shall issue accordingly.
Code 1858, § 2976 (deriv. Acts 1801, ch. 6, § 66); Shan., § 4704; Code 1932, § 8834; T.C.A. (orig. ed.), § 25-104.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-103 - Set off of judgments

Judgments of the same court may be set off against each other on motion, but not so as to defeat liens of attorneys or to circumvent the exemption laws.
Code 1858, § 2925; Shan., § 4646; mod. Code 1932, § 8775; T.C.A. (orig. ed.), § 25-105.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-104 - Several parties

Judgments may be given for or against one (1) or more of several plaintiffs, or for or against one or more of several defendants. In such case, the verdict shall be as the right may appear, and shall state separately any amount allowed to or against any of the parties.
Code 1858, §§ 2972, 2973 (deriv. Acts 1820, ch. 25, §§1, 2; 1851-1852, ch. 152, § 2; 1855-1856, ch. 71, § 1); Shan., §§ 4700, 4701; mod. Code 1932, §§ 8830, 8831; T.C.A. (orig. ed.), § 25-106.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-105 - Judgment molded to facts

Such and so many judgments, joint, separate, and cross, may be rendered as may be necessary to the rights of the parties, or one (1) amount may be set off against another and judgment rendered for the residue, or judgment may be rendered for the defendant against the plaintiff for any amount or balance for which it is found that the plaintiff is liable.
Code 1858, § 2974 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., §4702; Code 1932, § 8832; T.C.A (orig. ed.), § 25-107.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-106 - Damages - Spouse's loss of consortium

There shall exist in cases where such damages are proved by a spouse, a right to recover for loss of consortium.
Acts 1969, ch. 86, § 1; T.C.A., § 25-109.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-107 - Address of losing party

Each final judgment shall contain thereon the address, if known to the prevailing party, of each person against whom judgment is rendered. Errors in names or addresses or failure to include same shall not affect the validity or finality of a final judgment.
Acts 1982, ch. 548, § 1.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 1 - GENERAL PROVISIONS (§§ 25-1-101 — 25-1-108) › Section 25-1-108 - Identification information - Collection of court costs

To aid in the collection of court costs, the security given and any order assessing costs shall include sufficient information regarding the unique identity of the party at whose instance the action is brought or who is taxed with costs. In the case of an individual party or parties, such information may include the social security number, driver license number or other unique identifying number. In the case of a party other than an individual, such information may include the federal employer identification number or other corporate or organizational identifying number. If a surety is given on cost bond by an attorney, the inclusion of the board of professional responsibility number shall be sufficient. Failure to include such numbers shall not affect the validity of the action, surety or order nor shall the failure to include the number delay the issuance of process.
Acts 1998, ch. 692, § 1.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 2 - CONFESSION OF JUDGMENT (§§ 25-2-101 — 25-2-102) › Section 25-2-101 - Power given before action

(a)
Any power of attorney or authority to confess judgment which is given before an action is instituted and before the service of process in such action, is declared void; and any judgment based on such power of attorney or authority is likewise declared void.
(b)
This section shall not affect any power of attorney or authority given after an action is instituted and after the service of process in such action.
Code 1932, § 8848; T.C.A. (orig. ed.), § 25-201.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 2 - CONFESSION OF JUDGMENT (§§ 25-2-101 — 25-2-102) › Section 25-2-102 - Confession by surety

No surety shall be permitted to confess judgment, or allow judgment to go by default, if the principal will be made a defendant to the suit, and tender to the surety, for the principal's indemnity, sufficient collateral security, to be approved by the court before whom the suit is pending.
Code 1858, § 3624 (deriv. Acts 1801, ch. 15, § 3); Shan., § 5389; Code 1932, § 9548; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-202.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-101 - Motion by plaintiff against executive officer

Judgment by motion may be had against any sheriff, coroner, or constable, or other executive officer, to whom an execution is directed and received by such officer for the amount due upon such execution, and twelve and one-half percent (12½%) damages, in cases when such officer:
(1)
fails to make due and proper return of such execution;
(2)
makes a false or insufficient return; or
(3)
fails to pay over money collected on such execution.
Code 1858, § 3594 (deriv. Acts 1803, ch. 18, §§ 1, 2; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., § 5359; Code 1932, § 9518; T.C.A. (orig. ed.), § 25-301.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-102 - Motion by defendant against executive officer

Such officers are in like manner liable to the defendant in an execution, upon motion:
(1)
For the failure to pay over, on demand, any excess of money which may remain upon a sale by execution, after the satisfaction thereof, and all commissions and costs, the amount of such excess, with interest and damages; or
(2)
For failing to pay over, on demand, money paid or collected on an execution, the whole or any part of which is enjoined in chancery, or to which the defendant is otherwise legally entitled, the amount so enjoined or to which the defendant is entitled, with interest and damages.
Code 1858, § 3595 (deriv. Acts 1817, ch. 54, § 1); Shan., § 5360; Code 1932, § 9519; T.C.A. (orig. ed.), § 25-302.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-103 - Motion for costs

Such officers are also liable to judgment by motion in favor of clerks, other executive officers, and witnesses, for the amounts, with interest, respectively due them in the bill of costs endorsed on an execution, in the same cases in which the plaintiff or the defendant in the execution might recover judgment by motion for the principal, or any part thereof.
Code 1858, § 3596 (deriv. Acts 1824, ch. 16, §§ 1, 2); Shan., §5361; Code 1932, § 9520; T.C.A. (orig. ed.), § 25-303.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-104 - Collections on causes cognizable before general sessions judge

(a)
Sheriffs, coroners, and constables are liable to judgment by motion before a judge of the court of general sessions, in favor of the party interested, for any money collected or received by them upon any debt or demand cognizable before a judge of the court of general sessions, and put into their hands for collection, whether such money was received before or after the issuance of a warrant for such debt or demand, and with or without judgment or execution.
(b)
The judgment shall be for the amount so received, with interest and damages.
Code 1858, § 3600 (deriv. Acts 1841-1842, ch. 37); Shan., § 5365; Code 1932, § 9524; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-304.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-105 - Penalty for failure to return process

(a)
(1)
Any sheriff or other officer failing to execute and make return of any process issued from any court of record, and delivered to such officer twenty (20) days before the return day, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.
(2)
If the process has been issued to an officer of another county, the officer shall have until the next term to show cause against such judgment, on scire facias made known to such officer.
(b)
(1)
Any sheriff or other officer failing to execute and make return of any process delivered to that officer and issued from any general sessions court, within sixty (60) days after the issuance of the same, is liable to a penalty of one hundred twenty-five dollars ($125), to be recovered by the party aggrieved, on motion before the court to which the process is returnable.
(2)
If the process has been issued to an officer of another county, the officer shall have sixty (60) days to show cause against such judgment, on notice made known to such officer.
Code 1858, §§ 3603, 3604 (deriv. Acts 1777, ch. 8, § 5); Shan., §§ 5368, 5369; Code 1932, §§ 9527, 9528; Acts 1974, ch. 551, § 1; 1975, ch. 321, § 1; T.C.A. (orig. ed.), § 25-305.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-106 - Death of officer or surety

In case of the death of an officer or either of the officer's sureties, pending a motion against the officer or sureties, it may be revived against the personal representative of the deceased in the same manner as other suits are revived.
Code 1858, § 3597 (deriv. Acts 1857-1858, ch. 39, § 1); Shan., §5362; Code 1932, § 9521; T.C.A. (orig. ed.), § 25-306.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-107 - Execution as evidence

On the trial of the motion, a copy of the execution made and certified by the clerk, with the return thereon, if any was made, or a statement that no return was made, if such be the fact, together with the clerk's certificate that the execution was received by the sheriff, or sent to the sheriff by mail, is evidence of the facts so certified, without producing a transcript of the entire record, or compelling the clerk personally to attend.
Code 1858, § 3598; Shan., § 5363; Code 1932, § 9522; T.C.A. (orig. ed.), § 25-307.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-108 - Evidence of receipt of execution by officer

(a)
If a clerk certifies, in accordance with §
25-3-107
, that the execution was sent to an officer by mail, it is prima facie evidence that the writ was received by the officer unless the officer states, under written oath, that the writ was never received.
(b)
In such case, the officer shall have notice of the motion.
Code 1858, § 3599; Shan., § 5364; Code 1932, § 9523; T.C.A. (orig. ed.), § 25-308.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-109 - Proof of return from another county

It shall be a good defense to a motion against an officer residing in any county other than that from which an execution issued, for the officer to show by proof that in due time the process was placed in regular mail, at the courthouse of the county to which the execution was directed, with the proper return thereon, sealed up in the presence of the postmaster, directed to the clerk of the court from which the same issued.
Code 1858, § 3601 (deriv. Acts 1835-1836, ch. 19, § 6); Shan., §5366; Code 1932, § 9525; T.C.A. (orig. ed.), § 25-309.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-110 - Inability to return as defense

The inability to make the prescribed return of a general sessions judge's execution, on account of sickness, high water, or engagement in executing any precept in behalf of the state, will be a sufficient reason to authorize a judge of the court of general sessions, before whom the motion has been made, to discharge the officer for the officer's failure to make return as required.
Code 1858, § 3602 (deriv. Acts 1835-1836, ch. 17, § 4); Shan., §5367; Code 1932, § 9526; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-310.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-111 - Judgment against clerks

Judgment may be had summarily by motion against the clerk of any court in this state, in the following cases:
(1)
For failing to pay over to the party entitled, on demand, money received by the clerk on any judgment or execution, or paid into court upon a plea of tender or any other plea, or under an order or rule of court, judgment for the sum so received, with interest, and twelve and one-half percent (12½%) damages; or
(2)
For delinquencies in regard to revenue, as provided in this Code.
Code 1858, § 3608 (deriv. Acts 1849-1850, ch. 150, § 4); Shan., §5373; Code 1932, § 9532; T.C.A. (orig. ed.), § 25-311.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-112 - Judgment against special commissioner

A special commissioner appointed by the court to sell property or to receive and collect funds, is, in all cases, liable on motion, in the same way and to the same extent as the clerks of the courts.
Code 1858, § 3610 (deriv. Acts 1851-1852, ch. 166, § 5); Shan., §5375; Code 1932, § 9534; T.C.A. (orig. ed.), § 25-313.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-113 - Judgment against deputy clerk

(a)
The like remedy lies against a deputy clerk in favor of the party aggrieved, as against the clerk.
(b)
The clerk is entitled to recover by motion against the clerk's deputy and sureties, in the same way the sheriffs are entitled to recover against their deputies.
Code 1858, §§ 3611, 3612 (deriv. Acts 1829, ch. 41, §§ 1, 2); Shan., §§ 5376, 5377; Code 1932, §§ 9535, 9536; T.C.A. (orig. ed.), § 25-314.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-114 - Judgment for executive officers

Judgment may, in like manner, be recovered summarily, on motion, in favor of sheriffs, coroners, constables, and other executive officers:
(1)
Against the obligors on bonds given to indemnify the officer for levying an execution or attachment, or for making sale of property so levied on or attached, after judgment against such officer for making such levy or sale, the judgment to be for the amount recovered against such officer, with interest;
(2)
Against the deputy of the sheriff and the sheriff's sureties for the amount of any judgment which may be rendered against the sheriff for the default of such deputy; and
(3)
Against clerks for the amount of costs due such officers, paid to such clerks.
Code 1858, § 3605 (deriv. Acts 1824, ch. 16, § 2; 1825, ch. 40, §1; 1829, ch. 41, § 1); Shan., § 5370; Code 1932, §9529; T.C.A. (orig. ed.), § 25-315.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-115 - Jurisdiction of motion on bond

The motion on an indemnity bond may be made in any court, having jurisdiction of the amount, in the county in which the bond is given, or in which the court is held from which the process issued for the levy whereof the bond was given, or in the county of the residence of any of the obligors.
Code 1858, § 3606; Shan., § 5371; Code 1932, § 9530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-316.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-116 - Jurisdiction of motion against deputy

The motion against the deputy sheriff may be made in any court, having jurisdiction of the amount, in the county in which the bond was executed or in which judgment has been recovered against the principal for the default of the deputy, or in any county in which the deputy, or any one (1) of the deputy's sureties, may reside.
Code 1858, § 3607 (deriv. Acts 1829, ch. 41, § 1); Shan., § 5372; Code 1932, § 9531; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-317.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-117 - Judgment against county trustee

County trustees are required to pay all just claims against the county as they are presented, if they have money in their hands not otherwise specially appropriated, and, on failure so to do, the party aggrieved may recover judgment by motion against such trustee and any sureties of the trustee, for the amount due, with interest and damages, in the general sessions court of the county in which such trustee resides.
Code 1858, § 3613 (deriv. Acts 1821, ch. 33, § 1; 1827, ch. 49, § 25); Shan., § 5378; Code 1932, § 9537; T.C.A. (orig. ed.), § 25-318.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-118 - Motion against tax collector

(a)
A motion lies in favor of the party aggrieved, state, county, corporation, or individual, against any county trustee, assessor of property, revenue collector or commissioner, for moneys in official hands officially, and not paid over or accounted for according to law.
(b)
The recovery on such motion shall be the amount not paid over, with interest, and twelve and one-half percent (12½%) damages on the gross amount, and all costs.
Code 1858, §§ 3614, 3615 (deriv. Acts 1827, ch. 49, § 24; 1835-1836, ch. 15, § 15); Shan., §§ 5379, 5380; Code 1932, §§ 9538, 9539; T.C.A. (orig. ed.), § 25-319.
2023 Tennessee Code › Title 25 - JUDGMENTS (§§ 25-1-101 — 25-5-109) › Chapter 3 - JUDGMENT BY MOTION (§§ 25-3-101 — 25-3-144) › Section 25-3-119 - Judgment against attorney

(a)
Judgment may, in like manner, be had in favor of the party aggrieved against any attorney, upon five (5) days' notice, for any money collected or received by the attorney in that capacity, and not paid over on demand by the person entitled, or that person's agent or attorney.
(b)
Judgment shall, in such case, be given for the amount so collected or received, with interest, and twelve and one-half percent (12½%) damages, and all costs.
Code 1858, §§ 3616, 3617 (deriv. Acts 1825, ch. 13, § 1); Shan., §§ 5381, 5382; Code 1932, §§ 9540, 9541; T.C.A. (orig. ed.), § 25-320.