reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-106 - Minutes

(a)
The minutes of the court for each day's work shall be signed by the judge. The minute book shall provide a place for the judge's signature after the minute entries each day; however, where the orders of the court are photocopied so that an accurate facsimile of the entire order and judge's signature appears, it shall be sufficient for the judge to sign at the end of the minute book approving all the minutes in the book.
(b)
When any judge or chancellor fails to sign the minutes of the judge's or chancellor's court because of death, vacancy in office or disability, or for any other reason, the judge's or chancellor's successor shall examine all the unsigned minutes, and if the successor finds that the unsigned minutes satisfactorily represent the true and complete proceedings of the court, the successor shall so certify. The judge's or chancellor's successor shall examine any decree or order that has been signed by the deceased or disabled predecessor but that has not been spread upon the minutes of the court, and if the successor finds that the decree or order is a true and complete decree or order, the successor shall direct that the decree or order be spread upon the minutes of the court and certify the minutes. Any minutes certified by a judge or chancellor pursuant to this subsection (b) have the same force and effect as minutes entered pursuant to subsection (a).
Code 1858, § 4101 (deriv. Acts 1809 (Sept.), ch. 49, § 20); Shan., § 5913; Code 1932, § 10112; Acts 1967, ch. 81, § 1; 1972, ch. 803, § 1; T.C.A. (orig. ed.), § 16-106; Acts 1984, ch. 756, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-107 - Power to sell land

In all suits, instituted according to law, to sell the real estate of decedents for the payment of debts, or to sell lands for partition, a court of record may decree a sale of lands lying in any part of the state.
Code 1858, § 4102 (deriv. Acts 1847-1848, ch. 170); Shan., § 5914; mod. Code 1932, § 10113; T.C.A. (orig. ed.), § 16-107.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-108 - Vesting title by decree or clerk's deed

Courts having jurisdiction to sell lands, instead of ordering parties to convey, may divest and vest title directly by decree, or empower the clerk to make title.
Code 1858, § 4103 (deriv. Acts 1801, ch. 6, § 48; 1837-1838, ch. 176, § 1); Shan., § 5915; Code 1932, § 10114; T.C.A. (orig. ed.), § 16-108.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-109 - Registration of decree or clerk's deed

The decree or deed of the clerk, as the case may be, has the same force and effect as a conveyance by the party, and shall be registered.
Code 1858, § 4104 (deriv. Acts 1801, ch. 6, § 48; 1837-1838, ch. 176); Shan., § 5916; Code 1932, § 10115; T.C.A. (orig. ed.), § 16-109.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-110 - Implied covenants in sales of land

In cases where the sale is made at the voluntary instance of parties, the decree or deed of the clerk shall imply a covenant of seisin and warranty of title by the parties whose interest is sold, their heirs and representatives, unless otherwise provided in the face of the decree.
Code 1858, § 4105; Shan., § 5917; Code 1932, § 10116; T.C.A. (orig. ed.), § 16-110.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-111 - Use of papers filed in federal courts

In all cases that have been removed from the courts of the state to the federal courts, and that have been afterward remanded to the state courts, the pleadings, depositions and proofs that have been filed in the federal court during its pendency there shall be used as if the pleadings, depositions and proofs had been originally filed in the state court. In cases where the original depositions, pleadings and proofs cannot be obtained from the federal court for use in the state court, then certified copies of the original depositions, pleadings and proofs may be obtained from the federal court, for use in the state court, instead of the originals.
Acts 1903, ch. 17, §§ 1, 2; Shan., §§ 5917a1, 5917a2; mod. Code 1932, §§ 10117, 10118; T.C.A. (orig. ed.), § 16-111.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-112 - Justice of the peace - Name change throughout code

Tennessee Code Annotated is amended in each of its provisions providing the judicial powers, duties, functions or jurisdiction of the justice of the peace to delete references to "justice of the peace" or any variation of those words and to substitute instead references to the "court of general sessions" or "judge of the court of general sessions" or a variation of those words. The Tennessee code commission is granted the authority to reword the provisions to conform to the appropriate reference and sentence structure and to make grammatical changes necessary to effect those word changes without any change of substantive law.
Acts 1979, ch. 68, § 3; T.C.A., § 19-102.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-113 - Court business and filings - Facsimile transmissions

(a)
It is the intent of the general assembly, in recognition of the common practice and use of facsimile transmissions (faxes) in business and government, to:
(1)
Promote a more efficient means of filing documents and overcome expenses and delays entailed in long distance communication; and
(2)
Enable courts in this state to implement procedures for the filing of documents by fax.
(b)
Courts in this state may implement procedures for the transmission of documents by fax machines in accordance with this section and §
16-3-408
and the Tennessee supreme court rules.
Acts 1991, ch. 146, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-114 - Immunity for judges sitting specially or by interchange

Any judge or lawyer sitting specially under §
16-15-209
or §
17-2-208
or by interchange shall have the same immunity as the judge for whom the judge or lawyer is sitting, and the state or county that would provide the defense for the judge for whom the lawyer or judge is sitting shall be required to provide the defense for the substitute judge.
Acts 1997, ch. 473, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-115 - Electronic signatures

Notwithstanding any law to the contrary, courts in this state may implement procedures for the use of electronic signatures in the signing of pleadings, court orders, judgment orders, affidavits of complaint, arrest warrants, a mittimus or other court documents. An electronic signature may be used to sign a document and shall have the same force and effect as a written signature.
Acts 1997 , ch. 505, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-116 - Transfer of actions or appeals

Notwithstanding any other law or rule of court to the contrary, when an original civil action, an appeal from the judgment of a court of general sessions, or a petition for review of a final decision in a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, is filed in a state or county court of record or a general sessions court and such court determines that it lacks jurisdiction, the court shall, if it is in the interest of justice, transfer the action or appeal to any other such court in which the action or appeal could have been brought at the time it was originally filed. Upon such a transfer, the action or appeal shall proceed as if it had been originally filed in the court to which it is transferred on the date upon which it was actually filed in the court from which it was transferred.
Acts 2000, ch. 794, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-118 - Utilization of electronic court filing system provider authorized by the administrative office of the courts

Unless otherwise provided by law, all courts in this state that implement an electronic court filing system pursuant to Tennessee Supreme Court Rule 46 and Tennessee Rule of Civil Procedure 5B shall utilize only a system provider authorized by the administrative office of the courts. The administrative office of the courts shall establish technical standards with the goals of ensuring integrity of filings, assuring an environment that promotes uniformity and ease of filing, and providing the framework for future compatibility among e-filing solutions implemented by local and state courts. Nothing in this section shall require the administrative office of the courts to begin implementing a statewide e-filing system.
Added by 2013 Tenn. Acts, ch. 279,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 1 - GENERAL PROVISIONS (§§ 16-1-101 — 16-1-120) › Part 1 - IN GENERAL (§§ 16-1-101 — 16-1-120) › Section 16-1-120 - Processing passport applications - Photographs for passports

If a court clerk chooses to process passport applications, the court clerk may take photographs for the passports and charge a reasonable fee for such service.
Added by 2019 Tenn. Acts, ch. 344,s 1, eff. 5/10/2019.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 1 - APPELLATE COURTS (§§ 16-2-101 — 16-2-106) › Section 16-2-101 - Grand divisions - Appeals from Marion County

(a)
For the administration of justice in the supreme court, the court of appeals and the court of criminal appeals, the state is divided into the three (3) grand divisions described in §§
4-1-201
- 4-1-204.
(b)
All appeals, writs of error and appeals in the nature of a writ of error from the chancery and circuit courts of Marion County shall be granted to and heard by the supreme court, the court of appeals and the court of criminal appeals, within their respective jurisdictions, sitting at Nashville.
Code 1858, § 100 (deriv. Acts 1835-1836, ch. 3, § 8); Shan., § 129; Acts 1923, ch. 70; Code 1932, § 147; Acts 1941, ch. 17, § 1; C. Supp. 1950, §§ 147, 148; impl. am. Acts 1967, ch. 226, § 1; modified; T.C.A. (orig. ed.), § 16-201.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 1 - APPELLATE COURTS (§§ 16-2-101 — 16-2-106) › Section 16-2-102 - Places where supreme court sessions held

The supreme court for the eastern division is held at Knoxville; for the middle division, at Nashville; and for the western division, at Jackson. In addition to the places where the supreme court is required to be held by the Constitution of Tennessee, it may be held in other places that the chief justice may from time to time designate.
Code 1858, § 104; Acts 1867-1868, ch. 76, § 1; 1869-1870, ch. 18, § 1; 1870, ch. 24, § 3; Shan., § 133; Code 1932, § 151; T.C.A. (orig. ed.), § 16-202; Acts 1984, ch. 713, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 1 - APPELLATE COURTS (§§ 16-2-101 — 16-2-106) › Section 16-2-103 - Times of supreme court sessions

The court shall hold one (1) session each year, as follows: at Knoxville on the second Monday in September; at Nashville on the first Monday in December; and at Jackson on the first Monday in April of each year.
Code 1858, § 105; Acts 1877, ch. 4, § 1; Shan., § 134; Code 1932, § 152; T.C.A. (orig. ed.), § 16-203.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 1 - APPELLATE COURTS (§§ 16-2-101 — 16-2-106) › Section 16-2-104 - Transfer of supreme court cases between divisions

The supreme court is empowered to direct the hearing of all of the cases coming to the supreme court from any county, in any division of the state, in any other division of the state; provided, that all appeals, appeals in error, writs of error, petitions for certiorari and all other proceedings for the correction of error arising in the respective divisions shall be taken to Knoxville, Nashville and Jackson, transcripts there filed, and all decrees, orders and judgments shall be entered at Knoxville, Nashville and Jackson; provided, however, that nothing in this section shall be construed to interfere with or dispense with the regular sittings of the supreme court at Knoxville, Nashville and Jackson, for the trial and disposition of the causes in the respective grand divisions of the state, but that this section shall only apply to emergency causes, to causes wherein the general public welfare demands a speedy hearing, to causes involving the title to any public office, or to causes where the parties agree thereto, arising in any grand division, either during vacation or when the court is sitting in some other grand division, or to the consideration and decision of causes which the court, sitting in any grand division, has not had time to decide before adjourning.
Acts 1915, ch. 95, § 1; Shan., § 135a1; Code 1932, § 154; Acts 1939, ch. 17, § 1; C. Supp. 1950, § 154; T.C.A. (orig. ed.), § 16-204.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 1 - APPELLATE COURTS (§§ 16-2-101 — 16-2-106) › Section 16-2-105 - Transfer of supreme court cases by consent of parties

The hearing and determination of any case, other than those involving emergency or general public welfare referred to in §
16-2-104
, may, upon written application, presented in person by counsel representing all parties, and with the unanimous approval of the court, be transferred from any one (1) grand division to the court sitting in any other grand division of the state, this provision being intended to expedite the hearing of important cases, the speedy determination of which is advisable.
Acts 1923, ch. 70, § 2; Shan. Supp., § 135a6; mod. Code 1932, § 158; modified; Acts 1963, ch. 111, § 1; T.C.A. (orig. ed.), § 16-205.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 1 - APPELLATE COURTS (§§ 16-2-101 — 16-2-106) › Section 16-2-106 - Transfer of cause of action

In judicial districts that have a separate circuit and chancery court or in districts that have more than one (1) division of circuit or chancery court, if a civil cause of action is filed in the improper court or the improper division of court within the judicial district, upon the motion of either party, or upon the court's own motion, the civil cause of action may be transferred to the proper court or proper division within such district.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-501 - Legislative purpose - Existing courts

(a)
The general assembly expressly declares that its purpose in enacting this part is to reorganize the existing trial court system of this state in such a way that its growth occurs in a logical and orderly manner. It does not have as its purpose the abolition of any court or judicial office.
(b)
Nothing in this part shall be construed as altering, diminishing or abolishing chancery court or the constitutional and historical distinctions between chancery court and circuit court.
Acts 1984, ch. 931, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-502 - Titles of judges - Jurisdiction

Each trial court judge shall continue to be officially known and designated as either a chancellor, circuit court judge, criminal court judge, or law and equity court judge, depending upon the position to which the chancellor or judge was elected or appointed prior to June 1, 1984. Any judge or chancellor may exercise by interchange, appointment, or designation the jurisdiction of any trial court other than that to which the judge or chancellor was elected or appointed.
Acts 1984, ch. 931, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-503 - Filing and processing of actions

Suits shall be filed in the same court and processed by the same clerk as they were filed and processed prior to September 1, 1984.
Acts 1984, ch. 931, § 3.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-504 - Selection of clerk and master - Trial court judge as chancellor

In those judicial districts in which this part has left a particular district without a chancellor, all trial court judges within that district shall be designated as chancellors for the purpose of selecting the clerk and master. The trial court judges shall also sit as chancellors for the purpose of disposing of those cases filed in chancery court. In judicial districts in which one (1) or more chancellors remain, the clerk and master shall continue to be selected as provided by law.
Acts 1984, ch. 931, § 4.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-507 - Incumbent judges - Cooperation between judges

(a)
All incumbent trial court judges shall hold office in and serve the judicial district of which they have been designated by §
16-2-506
.
(b)
It is the affirmative duty of every trial court judge to fully cooperate with the presiding judge and the other judges in the district.
Acts 1984, ch. 931, § 7.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-509 - Presiding judges

(a)
The judges in each judicial district shall assemble for the purpose of selecting a presiding judge of the district. In August of each year, the judges within each district shall assemble at the call of the presiding judge and select a successor to such presiding judge who shall serve until September 1 of the following year. If upon any selection date the judges in any district fail to choose or are unable to agree upon the selection of a presiding judge, the chief justice of the supreme court shall designate one (1) of their number to serve.
(b)
It is the duty of the presiding judge to:
(1)
Reduce docket delays and hold congestion to a minimum;
(2)
Seek and maintain an equitable distribution of the workload and an equal sharing of the bench and chambers time necessary to dispose of the business of the district;
(3)
Promote the orderly and efficient administration of justice within the district; and
(4)
Take immediate and affirmative action to correct or alleviate any caseload imbalance, or any condition adversely affecting the administration of justice within the district over which the judge presides.
(c)
To effectuate the duties enumerated in subsection (b), the presiding judge may assign cases to judges and chancellors within the district over which the judge presides. In assigning cases, the presiding judge shall, whenever possible and not detrimental to the orderly and efficient administration of justice, give due regard to the court upon which the judge or chancellor serves, the judge's or chancellor's particular background, experience and preference and economy of judicial travel time.
(d)
If a presiding judge is unable to correct a caseload imbalance or reduce docket delays utilizing the available judges within the district over which the judge presides, it is the affirmative duty of the presiding judge to contact other presiding judges and request assistance or contact the supreme court and request assistance pursuant to §
16-3-502
.
(e)
This part shall not be construed as altering or modifying any law concerning interchange by agreement.
Acts 1984, ch. 931, § 9; 2005, ch. 26, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-510 - Holding of court - Terms abolished - Grand juries

(a)
Court shall be held within each judicial district at such times and on such dates as the judges of each judicial district fix by rule. Court shall be held in each county within the district as often as is necessary to dispose of the business of the court. Not less than thirty (30) days prior to the rule taking effect, the rule shall be published and circulated to the practicing bar, and filed with the administrative director of the courts.
(b)
Terms of court are abolished and the minutes of all courts shall remain open continuously. Any reference in Tennessee Code Annotated to the beginning of a term of court shall be deemed to be a reference to the appropriate date fixed by rule as provided by this section.
(c)
New grand juries shall be impaneled at least twice a year at times selected by the presiding judge of the district. The presiding judge within each district shall be responsible for designating the foreperson and for impaneling, charging and receiving the report of the grand jury, but may designate another judge to perform these responsibilities. In those districts in which there is a criminal court judge or judges, the criminal court judge or judges shall perform the duties pertaining to the grand jury assigned to the presiding judge by this subsection (c).
Acts 1984, ch. 931, § 10; 1993, ch. 66, § 16.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-511 - Uniform rules of practice - Designation of court by certain types of cases

Uniform rules of practice may be promulgated in each district by the judges of the district. The rules shall be consistent with the statutory law, the rules of the supreme court and the rules of criminal and civil procedure. The judges within a district may, by rule, designate courts or parts of a court that will be primarily responsible for hearing certain types of cases or cases dealing with certain areas of the law. Not less than thirty (30) days prior to the rules taking effect, copies of the rules shall be published and circulated to the practicing bar and filed with the administrative director of the courts.
Acts 1984, ch. 931, § 11; 1993, ch. 66, § 17.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-512 - Recommendations classifying elected additional judges

(a)
Where §
16-2-506
requires the election of an additional judge in a judicial district, the presiding judge of the district shall notify the trial court vacancy commission in writing of the judge's recommendation as to whether the additional judge will be a circuit court judge, criminal court judge, or chancellor and of the part of court the judge or chancellor will serve. The recommendation must be made by January 1 of the year in which the additional judge is to be elected and must be made only after consultation with all other trial level judges in the district, all local bar associations in the district, and any other person or group with an interest in the recommendation.
(b)
The trial court vacancy commission has thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation stands approved unless rejected by a two-thirds (2/3) vote of the entire commission. No recommendation shall be rejected except following a public hearing of the commission held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation is considered approved.
(c)
Upon the trial court vacancy commission's approval of a recommendation pursuant to this section, it shall notify the governor of its decision. Upon receiving this recommendation, the governor shall send notice that a vacancy has occurred to the commission and shall fill the vacancy in accordance with title 17, chapter 4, part 3.
(d)
The administrative director of the courts shall notify the presiding judge of the affected district of the commission's action and shall notify the election commission of each county in the affected district of the type of judge and part of court of the judge to be elected. Upon receiving such information, each election commission shall prepare the ballot to be used in such judicial election accordingly.
Amended by 2019 Tenn. Acts, ch. 420,s 7, eff. 5/21/2019.
Acts 1984, ch. 931, § 12; 1993, ch. 66, § 18; 1993, ch. 506, § 4; 2001, ch. 268, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-513 - Formula for determining need for additional judges - Annual report

(a)
The comptroller of the treasury shall devise and maintain a weighted caseload formula for the purpose of determining the need for creation or reallocation of judicial positions using case weights derived from the most recent weighted caseload study. The comptroller of the treasury shall update the formula at least annually. The comptroller of the treasury may adjust the formula as necessary to reflect the impact of any legislative enactment that is material to judicial caseloads.
(b)
Each district attorney general and each public defender, separately or through the appropriate conference, the council of juvenile and family court judges and the administrative office of the courts shall provide to the comptroller of the treasury information that the comptroller of the treasury determines is necessary to accomplish the purposes of this section. This information shall include caseload totals by appropriate case type for each study and total number of judicial, child support magistrates, district attorney and public defender resources for each district, noting how many are funded by the federal, state or local government. This data is to be provided to the comptroller in electronic and hard copy form on or before October 15 of each year.
(c)
Using such formula, information and adjustments, the comptroller of the treasury shall annually publish a weighted caseload report analyzing the current distribution of judicial positions throughout the state as well as the current need, if any, for creation of or reallocation of such positions.
(d)
The processing of case data by the administrative office of the courts for the purpose of providing the comptroller of the treasury with the information necessary to complete the weighted caseload study shall be subject to audit by the comptroller of the treasury. The audit shall ensure that the validation, verification and compilation of case data are performed in accordance with §
16-1-117(a)
.
Acts 1984, ch. 931, § 13; 1989, ch. 240, §§ 1-4; 2001, ch. 408, § 5; 2002, ch. 791, § 5; 2009, ch. 235, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-514 - Incumbent clerks and masters

(a)
Nothing in this part shall be construed to limit, terminate or otherwise affect the term or future terms of office of any circuit court clerk, criminal court clerk or clerk and master. All such incumbents shall continue in office until the expiration of their respective terms of office and shall be eligible for reelection and reappointment.
(b)
Nothing in this part shall be construed to require, permit or authorize the consolidation of the offices of clerk and master, circuit court clerk or criminal court clerk or to place any clerk in a position of dominance over any other clerk.
Acts 1984, ch. 931, § 14.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-515 - References to judicial circuits or divisions deemed to judicial districts

All references in Tennessee Code Annotated to "judicial circuits" or "chancery divisions" shall be deemed references to the judicial districts created by this part.
Acts 1984, ch. 931, § 25.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-516 - Pending cases - Process - Surety bonds - Applicability of local rules

All process issued after September 1, 1984, shall be returnable at the times and places fixed by local court rules promulgated in accordance with this part. All bonds and undertakings executed after September 1, 1984, shall be governed by local court rules, insofar as to appearance dates and other conditions relating to time and place.
Acts 1984, ch. 931, § 27.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-517 - Jurisdictions unaffected

Notwithstanding any provision of this part to the contrary, nothing in this part shall be construed to repeal, amend or affect in any manner any jurisdiction granted to any local court by any public or private law.
Acts 1984, ch. 931, § 28.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-518 - Increase in positions or funding to office of public defender

Any increase in local funding for positions or office expense for the district attorney general shall be accompanied by an increase in funding of seventy-five percent (75%) of the increase in funding to the office of the public defender in such district for the purpose of indigent criminal defense.
Acts 1992, ch. 965, § 7; 1994, ch. 1005, § 4.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-519 - Creation of assistant district attorney positions

(a)
It is the declared policy of the general assembly to create assistant district attorney general (ADA) positions based upon the number of the ADA positions to population ratios being the primary consideration with secondary consideration being caseload when uniformly reported caseload statistics become available. The Tennessee district attorneys general conference is directed to make recommendations on this basis with the immediate objective being to achieve the following ratio:
Urban and rural districts-One (1) ADA per twenty thousand (20,000) population, according to the 1990 federal census or any subsequent federal census.
(b)
As used in this section, "urban districts" means the second, sixth, eleventh, twentieth and thirtieth judicial districts and "rural districts" means all other judicial districts.
(c)
For the sole purpose of computing the one (1) assistant district attorney per twenty thousand (20,000) population, the district attorney general in any one (1) county judicial district having a population of less than fifty thousand (50,000) shall be counted as one-half (1/2) of an assistant district attorney.
(d)
Until the various judicial districts have attained approximate equality in ADA to population ratios, other factors are assigned a lower priority than ADA to population ratios. When the ratio set out in this section has been achieved, other factors, including uniform caseload statistics, local funding and geographic conditions that create logistical problems in covering the judicial district, shall be considered in support of additional position requests.
Amended by 2019 Tenn. Acts, ch. 420, s 8, eff. 5/21/2019.
Acts 1994, ch. 937, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-520 - Additional assistant district attorney general positions

(a)
Effective July 1, 2004, there are created thirty (30) additional assistant district attorney general positions to be designated in judicial districts as provided in this section.
(b)
(1)
The executive director of the district attorneys general conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district attorney general positions created pursuant to subsection (a) should be designated. The report shall be prepared in consultation with the comptroller of the treasury.
(2)
By October 1, 2004, the executive director of the district attorneys general conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of the report, the district attorneys general recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions.
(c)
As early as is practicable during the first session of the 104th General Assembly, the general assembly shall consider and enact legislation that specifically designates the judicial district in which the persons employed in the additional assistant district attorney general positions created pursuant to subsection (a) will serve.
(d)
The number of assistant district attorney general positions created by this section or to which the district attorney general of each judicial district is entitled pursuant to §
16-2-506
or any other provision of law shall be the minimum number of positions authorized in each district. Nothing in this section or any other provision of law shall be construed to prohibit or prevent the employment of additional assistant district attorneys general in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this section, §
16-2-506
or any other provision of law.
Acts 2004, ch. 916, § 1; 2006, ch. 815, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 2 - JUDICIAL DIVISIONS AND DISTRICTS (§§ 16-2-101 — 16-2-522) › Part 5 - TRIAL COURTS (§§ 16-2-501 — 16-2-522) › Section 16-2-521 - Number of criminal investigator positions to which district attorney general entitled pursuant to Section 16-2-506

The number of criminal investigator positions to which the district attorney general of each judicial district is entitled pursuant to §
16-2-506
or any other law shall be the minimum number of positions authorized in each judicial district. No law shall be construed to prohibit the employment of additional criminal investigators in a judicial district as established by §
16-2-506
, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in any other law.
Added by 2013 Tenn. Acts, ch. 68,s 1, eff. 7/1/2013.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 1 - MEMBERSHIP (§§ 16-3-101 — 16-3-103) › Section 16-3-101 - Composition - Election of judges - Qualifications - Concurrence necessary for decisions

(a)
The supreme court shall consist of five (5) judges, one (1) of whom shall reside in each grand division, and no more than two (2) in the same grand division.
(b)
A judge must have been a resident of the grand division from which the judge is appointed for at least one (1) year immediately preceding appointment. For purposes of this subsection (b), "resident" has the same meaning as defined in §
2-1-104
.
(c)
Each judge shall be at least thirty-five (35) years of age at the time of appointment, shall have been a resident of the state for at least five (5) consecutive years immediately preceding appointment, and shall be licensed to practice law in this state. For purposes of this subsection (c), "resident" has the same meaning as defined in §
2-1-104
.
(d)
A judge's term of office shall be eight (8) years.
(e)
The concurrence of three (3) of the judges is necessary to a decision in every case.
Amended by 2016 Tenn. Acts, ch. 528,Secs.s2, s3 eff. 1/28/2016.
Code 1858, § 4495 (deriv. Acts 1835-1836, ch. 3, § 1); Acts 1870, ch. 24, §§ 1, 6, 9, 10 (as mod. by Const., art. 6, §§ 2, 3); Shan., §§ 375, 6328; Code 1932, §§ 632, 10630; modified; Acts 1974, ch. 708, § 1; T.C.A., §§ 2-308, 2-3-202; T.C.A. (orig. ed.), § 16-301.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 1 - MEMBERSHIP (§§ 16-3-101 — 16-3-103) › Section 16-3-102 - Chief justice

After their election and qualification, the judges shall designate one (1) of their number who shall preside as chief justice.
Acts 1870, ch. 24, § 11; Shan., § 376; Code 1932, § 633; T.C.A. (orig. ed.), § 16-302.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 1 - MEMBERSHIP (§§ 16-3-101 — 16-3-103) › Section 16-3-103 - Expenses

The expenses of the supreme court shall be paid out of the state treasury, upon the warrant of the commissioner of finance and administration.
Code 1858, § 106 (deriv. Acts. 1857-1858, ch. 79, § 4); Shan., § 135; mod. Code 1932, § 153; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1939, ch. 11, § 12; C. Supp. 1950, § 153; modified; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 16-303.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-201 - Jurisdiction

(a)
The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is now conferred by law upon the present supreme court.
(b)
The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code.
(c)
The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction.
(d)
(1)
The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court.
(2)
Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve:
(A)
State taxes;
(B)
The right to hold or retain public office; or
(C)
Issues of constitutional law.
(3)
The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court.
(4)
The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section.
(e)
Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure.
Amended by 2016 Tenn. Acts, ch. 755,s 1, eff. 4/12/2016.
Code 1858, § 4496 (deriv. Acts 1822, ch. 13, § 4); Acts 1870, ch. 24, § 8; Shan., §§ 377, 6329; mod. Code 1932, §§ 634, 10631; T.C.A. (orig. ed.), § 16-304; Acts 1989, ch. 40, § 2; 1992, ch. 952, §§ 11, 12; 1994, ch. 573, § 1; 2001, ch. 256, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-202 - Process, receivers, and references

The court may appoint receivers, order references and issue all writs and process necessary for the exercise and enforcement of its jurisdiction.
Code 1858, § 4503; Shan., § 6336; mod. Code 1932, § 10637; T.C.A. (orig. ed.), § 16-305.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-203 - Powers over criminal defendants

The court may recommit offenders in state cases, when it may appear necessary, and remand them to the inferior court from which their cases were brought to the supreme court, taking recognizances from the defendants, when the offense charged is bailable, with the security that the court judges proper.
Code 1858, § 4498 (deriv. Acts 1817, ch. 17, § 3); Shan., § 6331; Code 1932, § 10632; T.C.A. (orig. ed.), § 16-306.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-204 - Bonds and recognizances

(a)
The court may give judgment upon any and all bonds or recognizances, whether in civil or criminal cases, executed in the progress of the cause, under the general provisions of law, or by lawful order of the court, either in the inferior or supreme court, and enforce the same by execution or otherwise, as in the case of other judgments and decrees of the court.
(b)
Process of scire facias may, in all such cases, be issued as is proper in similar cases in the inferior courts, and, upon appearance of the defendant, and issue of fact made thereon, the court may order a jury to be summoned forthwith to determine the issue, and may give judgment thereon as the inferior courts of law might do in similar cases.
Code 1858, §§ 4499, 4500 (deriv. Acts 1817, ch. 199, § 3); Shan., §§ 6332, 6333; Code 1932, §§ 10633, 10634; T.C.A. (orig. ed.), § 16-307.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-205 - Supersedeas by judges

The judges of the supreme court, or any one of them, on a proper case being made out, shall have the authority to grant the process of supersedeas to an execution, returnable to their own court, in the same manner the supreme court, while it is in session, can grant such process, also grant supersedeas to the execution of an interlocutory decree of an inferior court, in the cases provided for in [former] §
27-1-103
[repealed].
Code 1858, §§ 4512, 4513 (deriv. Acts 1835-1836, ch. 3, § 15; 1851-1852, ch. 181, § 4); Shan., §§ 6347, 6348; Code 1932, §§ 10649, 10650; T.C.A. (orig. ed.), § 16-308.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-206 - Vacating judgment

In all cases in which the supreme court may give judgment or decree through inadvertence and oversight, when upon the face of the record no cause of action existed against the party, the court may, upon its own motion, vacate the judgment or decree.
Code 1858, § 4501 (deriv. Acts 1845-1846, ch. 135); Shan., § 6334; mod. Code 1932, § 10635; T.C.A. (orig. ed.), § 16-309.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-207 - Correction of apparent mistakes

The court may, at any time after final judgment, correct mistakes apparent on the face of the record, as provided in [former] §
20-11-106
[repealed].
Code 1858, § 4502 (deriv. Acts 1855-1856, ch. 70, § 2); Shan., § 6335; Code 1932, § 10636; T.C.A. (orig. ed.), § 16-310.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-208 - Appeals taken before term

All appeals, and appeals in the nature of a writ of error, taken from the final judgment or decree of an inferior court, at any time before the sitting of the supreme court, shall stand for hearing at the first term, without notice to the opposite party.
Code 1858, § 4514 (deriv. Acts 1835-1836, ch. 3, § 19); Shan., § 6349; Code 1932, § 10651; T.C.A. (orig. ed.), § 16-312.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-209 - Appeal during term

An appeal, appeal in the nature of a writ of error, or writ of error may be prosecuted from any final judgment or decree, rendered in an inferior court during the term of the supreme court, the record being filed in the court, and the opposite party, or the opposite party's counsel, notified five (5) days before the hearing.
Code 1858, § 4515 (deriv. Acts 1835-1836, ch. 3, § 19); Shan., § 6350; Code 1932, § 10652; T.C.A. (orig. ed.), § 16-313.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-210 - Scheduling of districts

The court may class the judicial districts to set the causes from each district for trial on certain weeks of the term, and make publication of the classes before the beginning of the term.
Code 1858, § 4505; Shan., § 6338; mod. Code 1932, § 10640; T.C.A. (orig. ed.), § 16-314.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 3 - SUPREME COURT (§§ 16-3-101 — 16-3-1001) › Part 2 - POWERS AND DUTIES (§§ 16-3-201 — 16-3-212) › Section 16-3-211 - Order of counties in districts

The supreme court, except as otherwise provided, shall take up and try the cases from the different counties in a judicial district in the order in which the counties are named in the section of chapter 2 of this title that prescribes the times of holding court in the judicial district; and when the business of a county is taken up, it shall be argued before passing to the business of another county, unless postponed for satisfactory reasons to the court.
Acts 1868-1869, ch. 28, § 4; Shan., § 6339; mod. Code 1932, § 10641; modified; T.C.A. (orig. ed.), § 16-315.