reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 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.
Acts 1903, ch. 317, § 1; Shan., § 4029a3; mod. Code 1932, §8242; T.C.A. (orig. ed.), § 20-613.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 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.
Acts 1883, ch. 186, § 1; Shan., § 4029; Code 1932, § 8240; T.C.A. (orig. ed.), § 20-614.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-118 - Automobile liability insurance carrier negligent in failing to settle claim against insured - Survival of action - Assignment of right of action for benefit of creditors

(a)
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.
(b)
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.
(c)
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).
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 1 - GENERAL PROVISIONS (§§ 20-6-NEW — 20-6-103) › Section 20-6-NEW - [Newly enacted section not yet numbered]

(a)
As used in this section:
(1)
"Charge off' means a creditor's removal of a consumer debt as an asset from the creditor's financial records;
(2)
"Consumer debt" means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, or service that is the subject of the transaction is primarily for a personal, family, or household purpose; and
(3)
"Original creditor" means a person, business, financial institution, governmental entity, or other commercial entity, including each's parents, subsidiaries, or successors in interest by name change, merger, acquisition of substantially all of each entity's assets or stock, or operation of law, that owned the consumer credit account on the date of default or on the date of charge off that gave rise to the cause of action.
(b)
In an action on consumer debt filed in a court established under title 16, chapter 15, the plaintiff shall include the following information with a civil warrant or any other leading process used to initiate the action:
(1)
A statement that the debt claim has been transferred or assigned;
(2)
The date of the transfer or assignment of the debt claim;
(3)
The name of any prior holders of the debt starting at the point of charge off; and
(4)
The name or a description of the original creditor.
(c)
Prior to an award of a default judgment on any action subject to the requirements of subsection (b), the plaintiff shall present to the court documentation sufficient to demonstrate the authority of the plaintiff to collect the debt and at least one (1) of the following that is sufficient to demonstrate the existence of the consumer debt:
(1)
An agreement signed by the consumer;
(2)
A record of a purchase, payment, or use of an account; or
(3)
A record otherwise demonstrating the debt was incurred.
(d)
The requirements of this section apply irrespective of any evidence submitted by the plaintiff, including affidavits submitted to the court in accordance with § 24-5-107.
(e)
This section does not apply to a plaintiff who is an original creditor on the consumer debt at issue or is otherwise listed as a lienholder on property securing the debt issue.
Added by 2024 Tenn. Acts, ch. 914,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 1 - GENERAL PROVISIONS (§§ 20-6-NEW — 20-6-103) › Section 20-6-101 - Scope of chapter

The pleadings described in this chapter apply to all actions at law and to all legal proceedings for the redress of civil injuries in which pleadings are necessary and not otherwise expressly prescribed.
Code 1858, § 2880; Shan., § 4601; Code 1932, § 8725; T.C.A. (orig. ed.), § 20-701.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 1 - GENERAL PROVISIONS (§§ 20-6-NEW — 20-6-103) › Section 20-6-102 - Use of identifying information in electronic or paper filing

(a)
Unless otherwise required by statute, court rule, or court order, in an electronic or paper filing with the court that contains an individual's social security number, taxpayer identification number, or birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing shall include only:
(1)
The last four (4) digits of the social security number and taxpayer identification number;
(2)
The year of the individual's birth;
(3)
The minor's initials; and
(4)
The last four (4) digits of the financial account number.
(b)
This section does not apply to filings in juvenile court.
(c)
This section does not apply to parenting plan filings pursuant to title 36, chapter 6.
Amended by 2023 Tenn. Acts, ch. 124,s 1, eff. 4/4/2023.
Added by 2019 Tenn. Acts, ch. 151, s 1, eff. 4/17/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 1 - GENERAL PROVISIONS (§§ 20-6-NEW — 20-6-103) › Section 20-6-103 - Use of recycled paper

(a)
The general assembly finds and declares that there is a need to expand upon existing laws that foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys to courts of record be submitted on recycled paper. The general assembly further finds that the expanded use of recycled paper will protect and enhance the environment and the health and safety of the citizens of this state.
(b)
As used in this section, unless the context otherwise requires:
(1)
"Document" means a pleading or other paper submitted as an appendix to a pleading by an attorney, if the document is required or permitted to be filed with a clerk of a court of record concerning an action to be commenced or that is pending before a court of record;
(2)
"Post-consumer waste" includes a product generated by a business or consumer that has served its intended end use and that has been separated from solid waste for the purpose of collection, recycling and disposition; and
(3)
"Recycled paper" means paper with not less than fifty percent (50%) of its total weight consisting of secondary and post-consumer waste and with no less than ten percent (10%) of the total weight consisting of post-consumer waste.
(c)
An attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to each document.
(d)
The procedures adopted to implement this section shall not impede the conduct of court business or create grounds for an additional cause of action or sanction.
(e)
A court of record may not refuse a document solely because of a failure to use recycled paper.
(f)
Nothing in this section may be construed to apply to:
(1)
Photographs;
(2)
An original document that was prepared or printed prior to January 1, 1995;
(3)
A document that was not created at the direction or under the control of the submitting attorney; or
(4)
A facsimile copy otherwise permitted to be filed with a court of record instead of an original document; provided, that if the original is also required to be filed, the original shall be submitted in compliance with this section.
(g)
This section is not applicable if recycled paper is not readily available.
Acts 1994, ch. 900, §§ 2, 3.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 2 - DECLARATIONS (§§ 20-6-201 — 20-6-202) › Section 20-6-201 - Successive actions

Successive actions may be maintained on the same contract or transaction whenever, after the former action, a new cause of action arises therefrom.
Code 1858, § 2899; Shan., § 4620; Code 1932, § 8743; T.C.A. (orig. ed.), § 20-804.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 2 - DECLARATIONS (§§ 20-6-201 — 20-6-202) › Section 20-6-202 - Actions on bonds

In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained in the penal bonds or other writings, the plaintiff may assign as many breaches as the plaintiff deems proper, and verdict and judgment may be rendered for such of the breaches as the plaintiff may prove; or, if judgment is rendered for the plaintiff on demurrer or by default, a writ of inquiry of damages shall be awarded.
Code 1858, § 2898; Shan., § 4619; Code 1932, § 8742; T.C.A. (orig. ed.), § 20-805.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 3 - DEFENSIVE PLEAS (§ 20-6-301) › Section 20-6-301 - Claims for contractual attorney fees

(a)
If a plaintiff voluntarily dismisses an action while a counterclaim is pending for contractual attorney fees, and if the plaintiff does not timely recommence the action, the court, upon proper showing, may order that the counter claimant is the prevailing party for the purpose of recovering contractual attorney fees.
(b)
This section shall only apply if the contract clause providing for attorney fees applies equally to all parties to the contract.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 4 - SETOFF (§§ 20-6-401 — 20-6-403) › Section 20-6-401 - Setoff by co-maker or surety

A co-maker or surety, when sued alone, may, with the consent of the co-maker's or surety's co-maker or principal, use, by way of setoff, any of the debts or demands, held by the co-maker or principal against the plaintiff at the commencement of the action, and matured when offered in setoff, but the plaintiff may meet it in the same way as if made by the co-maker or principal who originally held the debts or demands.
Code 1858, § 2920; Shan., § 4641; mod. Code 1932, § 8770; T.C.A. (orig. ed.), § 20-1003; modified.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 4 - SETOFF (§§ 20-6-401 — 20-6-403) › Section 20-6-402 - Costs on equal demands

On a plea of setoff or recoupment, if the demand of defendant equals the demand of the plaintiff, judgment for all costs is to be rendered for defendant.
Code 1932, § 8771; T.C.A. (orig. ed.), § 20-1005.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 6 - PLEADINGS (§§ 20-6-NEW — 20-6-403) › Part 4 - SETOFF (§§ 20-6-401 — 20-6-403) › Section 20-6-403 - Judgment molded to facts

When there are several defendants, the verdicts and judgments, whether the pleadings by them are joint or several, shall be molded according to the facts and to meet the exigencies of the case.
Code 1858, § 2923 (deriv. Acts 1855-1856, ch. 71, § 1); Shan., § 4644; Code 1932, § 8773; T.C.A. (orig. ed.), § 20-1006.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 7 - CONTINUANCES (§§ 20-7-101 — 20-7-106) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 7 - CONTINUANCES (§§ 20-7-101 — 20-7-106) › Section 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.
Acts 1933, ch. 137, § 2; C. Supp. 1950, § 8790.1; T.C.A. (orig. ed.), § 20-1102.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 7 - CONTINUANCES (§§ 20-7-101 — 20-7-106) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 7 - CONTINUANCES (§§ 20-7-101 — 20-7-106) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 7 - CONTINUANCES (§§ 20-7-101 — 20-7-106) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 7 - CONTINUANCES (§§ 20-7-101 — 20-7-106) › Section 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:
(1)
The general assembly is in annual regular session or special session; or
(2)
The attorney, party or material witness would be required to be absent from any meeting of a legislative committee while the general assembly is not in session if a continuance is not granted.
Acts 1971, ch. 333, § 1; T.C.A., § 20-1106; Acts 1981, ch. 62, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 8 - TRIAL DOCKETS (§§ 20-8-101 — 20-8-106) › Section 20-8-101 - Priority of causes

(a)
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.
(b)
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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 8 - TRIAL DOCKETS (§§ 20-8-101 — 20-8-106) › Section 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.
Acts 1879, ch. 114, § 1; Shan., § 4675; Code 1932, § 8801; T.C.A. (orig. ed.), § 20-1208.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 8 - TRIAL DOCKETS (§§ 20-8-101 — 20-8-106) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 8 - TRIAL DOCKETS (§§ 20-8-101 — 20-8-106) › Section 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.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 8 - TRIAL DOCKETS (§§ 20-8-101 — 20-8-106) › Section 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.
Acts 1871, ch. 125, § 1; 1879, ch. 79, § 4; Shan., § 4671; mod. Code 1932, § 8799; T.C.A. (orig. ed.), § 20-1211.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 8 - TRIAL DOCKETS (§§ 20-8-101 — 20-8-106) › Section 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.
Acts 1867-1868, ch. 67, §§ 6, 7; Shan., §§ 4669, 4670; mod. Code 1932, §§ 8797, 8798; T.C.A. (orig. ed.), § 20-1212.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 1 - RECORDING (§§ 20-9-101 — 20-9-104) › Section 20-9-101 - Appointment of court reporter

Upon the trial of any cause or proceeding in any court of record, upon the request of either party, the judge of such court shall appoint a competent court reporter, who shall first be duly sworn to make a true, impartial and complete stenographic report of all the oral testimony given in trial of the cause or proceeding, as well as the rulings of the judge.
Acts 1887, ch. 217, § 1; Shan., § 4695; Code 1932, § 8825; T.C.A. (orig. ed.), § 20-1304; Acts 1994, ch. 897, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 1 - RECORDING (§§ 20-9-101 — 20-9-104) › Section 20-9-103 - Compensation of court reporter

The party alone at whose instance the court reporter was employed shall be responsible for the court reporter's compensation for the work done by the court reporter.
Acts 1887, ch. 217, § 2; Shan., § 4697; Code 1932, § 8827; T.C.A. (orig. ed.), § 20-1306; Acts 1994, ch. 897, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 1 - RECORDING (§§ 20-9-101 — 20-9-104) › Section 20-9-104 - Tape recording of proceedings

It is lawful for attorneys representing parties in proceedings in any of the courts of this state to use tape recorders as an aid in making notes of the proceedings.
Acts 1972, ch. 684, § 1; T.C.A., § 20-1331.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 2 - JURORS (§§ 20-9-201 — 20-9-203) › Section 20-9-201 - Calling names of jurors

In all civil causes, before the jury is sworn, the clerk shall call over the names of the jury in the panel, in the presence and hearing of the parties and their counsel.
Code 1858, § 2961 (deriv. Acts 1803, ch. 2, § 5); Shan., § 4686; Code 1932, § 8813; T.C.A. (orig. ed.), § 20-1307.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 2 - JURORS (§§ 20-9-201 — 20-9-203) › Section 20-9-202 - Delays in trial - Other business

Pending the trial of any cause in any court at intervals in which jurors are being summoned, or the progress of the trial is otherwise delayed, the court may proceed with the other business of the court, but so as not to delay the cause on trial.
Acts 1870, ch. 20, § 1; Shan., § 4685; Code 1932, § 8812; T.C.A. (orig. ed.), § 20-1308.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 2 - JURORS (§§ 20-9-201 — 20-9-203) › Section 20-9-203 - Disability of juror

(a)
If, after the jury is impaneled, and before verdict, a juror becomes sick or otherwise disabled so as to be unable to perform jury duty, the juror may be discharged by the court. In such case, unless otherwise arranged by the parties, the vacancy may be filled and the trial commenced anew, or the court may, in its discretion, order the jury to be discharged and a new one impaneled.
(b)
In case of the disability of a juror or jurors, under this section, the cause may be tried and determined, by consent of parties, by the remaining jurors.
Code 1858, §§ 2962, 2963 (deriv. Acts 1817, ch. 99, § 1); Shan., §§ 4687, 4688; Code 1932, §§ 8814, 8815; T.C.A. (orig. ed.), § 20-1309.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 3 - ARGUMENTS (§§ 20-9-301 — 20-9-304) › Section 20-9-301 - Opening statements - Right of parties to make

In all actions of a civil or criminal nature tried before a jury, all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective contentions, views of the facts and theories of the lawsuit.
Acts 1969, ch. 90, § 1; T.C.A., § 20-1329.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 3 - ARGUMENTS (§§ 20-9-301 — 20-9-304) › Section 20-9-302 - Declaration may be read to jury

In the trial of any civil suit, counsel shall be permitted to read the counsel's entire declaration, including the amount sued for, to the jury at the beginning of the lawsuit, and may refer to the declaration in argument or summation to the jury.
Acts 1963, ch. 79, § 3; T.C.A., § 20-1328.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 3 - ARGUMENTS (§§ 20-9-301 — 20-9-304) › Section 20-9-303 - Demonstrative evidence permitted in argument

In the trial of any civil suit, counsel for either party shall be permitted to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with the counsel's argument to the jury for the purpose of illustrating the counsel's contentions with respect to the issues that are to be decided by the jury; provided, that counsel shall not, in writing, present any argument that could not properly be made orally.
Acts 1963, ch. 79, § 1; T.C.A., § 20-1326.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 3 - ARGUMENTS (§§ 20-9-301 — 20-9-304) › Section 20-9-304 - Monetary value of pain and suffering permitted in argument

In the trial of a civil suit for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, that the argument shall conform to the evidence or reasonable deduction from the evidence in such case.
Acts 1963, ch. 79, § 2; T.C.A., § 20-1327.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 4 - DISMISSAL (§ 20-9-401) › Section 20-9-401 - Dismissal against part of defendants

The plaintiff may, at any time during the pendency of an action, dismiss as to any one (1) or more of the defendants and proceed against the others.
Code 1858, § 4246 (deriv. Acts 1835-1836, ch. 87, § 1); Shan., § 6084; Code 1932, § 10342; T.C.A. (orig. ed.), § 20-1310.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-501 - Charge to jury in writing

On the trial of all civil cases, it is the duty of the judge before whom the civil case is tried, at the request of either party, plaintiff or defendant, to reduce every word of the judge's charge to the jury to writing before it is delivered to the jury, and all subsequent instructions that may be asked for by the jury, or that may be given by the judge, shall, in like manner, be reduced to writing before being delivered to the jury.
Acts 1875, ch. 37, § 1; Shan., § 4683; Code 1932, § 8809; T.C.A. (orig. ed.), § 20-1315.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-502 - Verdict applied to good count

If any counts in a declaration are good, a verdict for entire damages shall be applied to such good counts.
Code 1858, § 2969 (deriv. Acts 1801, ch. 6, § 63); Shan., § 4694; Code 1932, § 8824; T.C.A. (orig. ed.), § 20-1317.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-503 - Scope of general verdict

A general verdict, although it may not in terms answer every issue joined, is nevertheless held to embrace every issue, unless exception is taken at the term at which the verdict is rendered.
Code 1858, § 4247 (deriv. Acts 1851-1852, ch. 152, § 4); Shan., § 6085; Code 1932, § 10343; T.C.A. (orig. ed.), § 20-1318.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-504 - Value omitted from verdict

If the verdict in an action for specific personal property omits to find the value of the articles, the court may award a writ of inquiry to ascertain the value.
Code 1858, § 4248 (deriv. Acts 1801, ch. 6, § 62); Shan., § 6086; Code 1932, § 10344; T.C.A. (orig. ed.), § 20-1319.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-505 - Verdict for part of property

If, on an issue embracing several articles, the verdict is for part only, it is not error, but the title or claim to those articles omitted is barred.
Code 1858, § 4249; Shan., § 6087; Code 1932, § 10345; T.C.A. (orig. ed.), § 20-1320.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-506 - Time for decision in nonjury cases

When any judge of any district tries a case without the intervention of a jury, whether the judge is required to reduce the judge's finding of facts to writing or not, the judge shall be required to render the judge's decision and have judgment entered in the case within sixty (60) days from the completion of the trial.
Acts 1903, ch. 441, § 1; Shan., § 6087a1; Code 1932, § 10347; mod. C. Supp. 1950, § 10347; T.C.A. (orig. ed.), § 20-1322.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-508 - Poll of jury on request

The trial judges in all courts of record in which suits are tried by juries, in both criminal and civil cases, shall be required to poll the jury on application of either the state or the defendant in criminal cases and either the plaintiff or the defendant in civil cases, without exception.
Acts 1955, ch. 239, § 1; T.C.A., § 20-1324.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-509 - Poll of jury in open court - Persons present

(a)
The juries shall not be polled otherwise than in open court.
(b)
(1)
In felony cases they shall not be polled unless the defendant is present in open court.
(2)
In all other cases, the respective parties, either the state or the defendant in criminal cases or the plaintiff or the defendant in civil cases, may waive their presence at the time the jury is polled.
Acts 1955, ch. 239, § 2; T.C.A., § 20-1325.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 5 - DELIBERATION AND VERDICT (§§ 20-9-501 — 20-9-510) › Section 20-9-510 - Submission of exhibits to jury

The trial judge in civil cases may, in the judge's discretion, on motion of either party, upon the judge's own motion or on request by the jury, submit all exhibits admitted in evidence to the jury for the jury's consideration during deliberations on the jury's verdict.
Acts 1976, ch. 792, § 1; T.C.A., § 20-1332.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-601 - Short title - Legislative findings and declarations

(a)
This part shall be known and may be cited as the "Tennessee Court Reporter Act of 2009."
(b)
The general assembly finds and declares that it is the policy of the state to promote the skill, art and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This part is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters. The examination, licensing and supervision of the conduct and proficiency of court reporters are integrally related to the effective, impartial and prompt operation of the judicial system of the state.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-602 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Board" means the Tennessee board of court reporting;
(2)
"Court reporting" means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer or by electronic recording of any testimony given under oath before or for submission to, any court, referee or court examiner, by any board, commission or other body or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record. "Court reporting" does not include the following:
(A)
Tape recordings made by attorneys or their agents under §
20-9-104
, or use of video equipment and recordings by attorneys or their agents representing parties in any court proceeding, administrative law proceeding, deposition or any other proceeding;
(B)
Use of tape recorders and video equipment and recordings by judges, court officers and employees, administrative agency officials and employees, and officials and employees of any board, commission or other body; and
(C)
Attorneys conducting discovery in compliance with Rules 28, 29 and 30 of the Tennessee Rules of Civil Procedure. The written stipulation pursuant to Rule 29 shall state the licensure status, as prescribed by this part, of the person before whom the deposition is taken; and
(3)
"Licensed court reporter" or "LCR" means any person licensed pursuant to this part to practice court reporting. Licenses shall indicate the method or methods in which the applicant has successfully passed examination of the organization or organizations approved by the Tennessee board of court reporting.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-603 - Licensure requirement - Court reporter not required at all proceedings - Exceptions

(a)
No person, except as otherwise provided by law, shall practice or attempt to practice court reporting in this state or hold the person out as a court reporter unless the person is a licensed court reporter.
(b)
Nothing in this part shall be construed to require a court reporter at any court proceeding, administrative proceeding, deposition or any other proceeding. In the event a court reporter is retained for a proceeding, then the court reporter shall be licensed under this part.
(c)
Notwithstanding any law to the contrary, a licensed court reporter is not required to be a notary public to record any court proceeding, administrative law proceeding, deposition or any other proceeding. A transcript taken and submitted by a licensed court reporter is not required to be notarized. A licensed court reporter is authorized to administer oaths and swear in witnesses.
(d)
This part shall not apply to court reporting services paid for by a federal agency or other instrumentality of the United States.
(e)
This part shall not apply to court reporting services provided pursuant to title 40.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 1, 2, 10.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-605 - Duties and responsibilities of the board

The board shall have the duty and responsibility to:
(1)
Act on matters concerning competency licensure only and the process of granting, suspending, reinstating and revoking a license;
(2)
Establish and maintain requirements for the ethical behavior of court reporters, including, but not limited to, conflict of interest provisions, inappropriate relationships with a party or a party's attorney and failure to honor a contract or commitment to furnish transcripts;
(3)
Establish a procedure for the investigation of complaints against licensed court reporters;
(4)
Set a fee schedule for granting licenses and renewals of licenses;
(5)
Maintain a current registry of licensed court reporters and a current registry of temporarily licensed court reporters. Registries shall be matters of public record;
(6)
Maintain a complete record of all proceedings of the board;
(7)
Adopt continuing education requirements no later than October 1, 2010. Requirements shall be implemented no later than January 1, 2011;
(8)
Determine the content of and administer examinations to be given to applicants for licensure as licensed court reporters and issue numbered licenses to applicants found qualified;
(9)
Maintain records of its proceedings and a registry of all persons licensed by the board, which shall be a public record and open to inspection; and
(10)
In the event funds are available to the board from fees after expenses, study and, if feasible, establish the transcript reimbursement fund to assist indigent parties in obtaining transcripts.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, § 12.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-606 - Complaints - Remedies

(a)
All complaints shall be in writing, signed by the person making the complaint, and addressed to the chair of the board. All complaints shall contain the name and address of the person against whom the complaint is brought and a description of the conduct giving rise to the complaint. Complaints shall be submitted within ninety (90) days of the conduct complained about, and a copy shall be provided to the licensed court reporter within five (5) business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint receives actual notice. After investigation of the charges, the board shall determine if a hearing is warranted, dismiss the complaint, or take other action the board deems appropriate. Any hearing deemed warranted shall be conducted in accordance with the contested cases provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The board may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or violation of this part.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-607 - Rules and regulations

The board shall promulgate rules and regulations necessary to implement, administer and otherwise effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules and regulations shall be published in the standards of professional practice and made available to all licensees.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-608 - Fines for practicing court reporting without a license

After January 1, 2011, any person who undertakes or attempts to undertake the practice of court reporting for remuneration without first having procured a license, who knowingly presents or files false information with the board for the purpose of obtaining a license or who violates this part shall be subject to a civil fine not exceeding five hundred dollars ($500). Each day's violation is a separate offense. A person who is not licensed may not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this part.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 3, 7.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-609 - Qualification for licensure - Use of court reporter's license number not authorized unless transcript produced by licensee or under licensee's supervision - Licensee suspension of revocation for violation

(a)
To be licensed as a court reporter, an applicant shall submit proof of passage of the National Court Reporters Association registered professional reporter examination, the National Verbatim Reporters Association certified verbatim reporter examination, or the American Association of Electronic Reporters and Transcribers certified electronic court reporter examination. Applications for licensure shall be signed and sworn by the applicants and submitted on forms furnished by the board. All applicants who are found qualified to engage in the practice of court reporting pursuant to this part shall be issued a license as a licensed court reporter and an identifying number. The license shall be valid for two (2) years from the date of issuance. Notwithstanding any other law to the contrary, a licensed court reporter shall not be required to be a notary public to administer oaths to witnesses in the performance of their professional duties as a court reporter.
(b)
No licensed court reporter may authorize the use of the court reporter's license number on any transcript not produced through the court reporter's personal effort or supervision, or both. Violation of this subsection (b) may be grounds for license suspension or revocation.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-610 - Reciprocal agreements with other entities - Application for nonresident licenses - Fees for nonresident application

(a)
The board shall enter into reciprocal agreements with any state, agency or other entity that licenses, certifies or registers court reporters, such as the National Court Reporters Association (NCRA), the National Verbatim Reporters Association (NVRA) or the American Association of Electronic Reporters and Transcribers (AAERT), if the board finds that the state, agency or other entity has substantially the same or more stringent requirements as the board.
(b)
The reciprocity agreement shall provide that the board shall license a person who is currently licensed, certified or registered in another state or by another agency or other entity if that state, agency or other entity agrees to license, certify or register any licensees licensed pursuant to this part.
(c)
Nonresident court reporters desiring to make a verbatim record of any testimony of a proceeding, the jurisdiction of which is within the courts of this state or where appeal to any court of this state is allowable by law, shall make application for a nonresident license. The applicant shall make application on the same forms as required of other applicants, shall pay a fee in an amount determined by the board and shall present proof that the applicant is a competent licensed court reporter in another state or certified by NCRA, NVRA or AAERT. The board shall issue a nonresident license upon the finding the applicant has met these requirements. The license shall be valid for a period not to exceed two (2) years from the date of issuance. A nonresident court reporter shall reapply for licensure every two (2) years. A licensure fee in an amount determined by the board shall be required.
(d)
The board shall establish fees appropriate for processing reciprocal licensing.
Acts 2009, ch. 450, § 1.