reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 2 - REMOVAL OF IMMUNITY (§§ 29-20-201 — 29-20-210) › Section 29-20-210 - Liability of governmental entity for damages, injury, or death proximately caused by governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing specifically bounded area within governmental entity's jurisdiction during public demonstration

(a)
A governmental entity shall not intentionally prohibit or prevent law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity.
(b)
A governmental entity violating subsection (a) may be held liable, subject to the limits set forth in this chapter, for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration.
(c)
As used in this section, "governmental entity" means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the state.
(d)
This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public.
Acts 2020 (2nd Ex. Sess.), ch. 2, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-303 - [Repealed]

Acts 1973, ch. 345, § 13; T.C.A., § 23-3315, repealed by Acts 2011 , ch. 368, § 1, effective 5/30/2011.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-304 - Approval or denial of claim - Period for answering claim, action or suit

(a)
A governmental entity or employee shall have sixty (60) days in which to answer or otherwise respond to any claim, action, or suit brought pursuant to this chapter.
(b)
A claim shall be deemed to have been denied if at the end of the sixty-day period the governmental entity or its insurance carrier has failed to approve or deny the claim.
Acts 1973, ch. 345, § 14; T.C.A., § 23-3316; Acts 1987, ch. 405, § 8.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-305 - Action in circuit court generally - General sessions court in certain counties

(a)
If the claim is denied, a claimant may institute an action in the circuit court against the governmental entity in those circumstances where immunity from suit has been removed as provided for in this chapter; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, an action under this section may also be instituted in the general sessions court.
(b)
The action must be commenced within twelve (12) months after the cause of action arises.
Acts 1973, ch. 345, § 15; T.C.A., § 23-3317; Acts 1981, ch. 527, § 3; 2011 , ch. 180, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-306 - Bond for costs or pauper's oath

At the time of filing the action the plaintiff shall file a bond for costs or pauper's oath required by chapter 18 of this title.
Acts 1973, ch. 345, § 19; T.C.A., § 23-3318.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-307 - Exclusive jurisdiction - No jury

The circuit courts shall have exclusive original jurisdiction over any action brought under this chapter and shall hear and decide such suits without the intervention of a jury, except as otherwise provided in §
29-20-313(b)
; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, the general sessions court shall have concurrent original jurisdiction with such circuit court over any action brought under this chapter; and provided further, that the jurisdiction conferred upon the general sessions court by this section shall not extend beyond the jurisdictional dollar limit provided in §
16-15-501(d)
for such general sessions courts in civil cases generally.
Acts 1973, ch. 345, § 16; T.C.A., § 23-3319; Acts 1981, ch. 527, § 4; 1994, ch. 789, § 1; 2011 , ch. 180, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-308 - Venue of actions

(a)
Suits filed under this chapter may be brought in the county in which such governmental entity is located or in the county in which the incident occurred from which the cause of action arises.
(b)
A governmental entity operating in more than one (1) county shall be deemed to be located in the county where its principal office is found.
Acts 1973, ch. 345, § 17; 1980, ch. 828, § 3; T.C.A., § 23-3320.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-309 - Settlement of actions

(a)
An officer or body appointed by the governing body of any governmental entity may, subject to such regulations and procedures as may be prescribed by the governing body, compromise and settle any action for damages or relief sought hereunder.
(b)
If no such appointment has been made, the chief administrative officer of such governmental entity shall be deemed to have been appointed and to have such power.
Acts 1973, ch. 345, § 18; T.C.A., § 23-3321.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-311 - Judgment over limits of insurance policy prohibited

No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified in §
29-20-403
, unless such governmental entity has secured insurance coverage in excess of such minimum requirements, in which event the judgment or award may not exceed the applicable limits provided in the insurance policy.
Acts 1973, ch. 345, § 28; 1976, ch. 656, § 1; T.C.A., § 23-3323.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-312 - Payment of claims

(a)
Any claim approved for payment by a governmental entity or any final judgment obtained against a governmental entity shall be paid from funds appropriated or reserved for that purpose or in the discretion of the governmental entity may be paid in not more than ten (10) equal annual instalments commencing the next fiscal year or in such other manner as is agreed upon by the claimant and governmental entity.
(b)
Installment payments shall bear interest at six percent (6%) per annum on the unpaid balance.
(c)
This section shall be discretionary with the court of original jurisdiction and such court is hereby authorized in its discretion to order a lump sum payment of any final judgment.
(d)
All judgments below five thousand dollars ($5,000) must be paid in one (1) installment and must be paid as other tort judgments.
Acts 1973, ch. 345, § 21; T.C.A., § 23-3324.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 3 - CLAIMS PROCEDURE (§§ 29-20-301 — 29-20-313) › Section 29-20-313 - Claim of immunity by employee - Multiple defendants

(a)
When one (1) or more defendants to a lawsuit claim to be employees of a governmental entity as defined by §
29-20-107
and are therefore entitled to the governmental immunity granted by this chapter, it shall be a question of fact whether the defendant or defendants claiming immunity are such employees. If the trier of fact determines that the defendant claiming immunity is not a governmental entity employee, the lawsuit as to that defendant shall proceed like any other civil case. If the trier of fact determines that the defendant claiming immunity is a governmental entity employee, the lawsuit as to that defendant shall proceed in accordance with this chapter.
(b)
When suit is brought in circuit court in a case in which there are multiple defendants, one (1) or more of which are a governmental entity or entities or governmental entity employee or employees whose liability or lack thereof is to be determined based upon this chapter and one (1) or more of which are not such governmental entity or entities or governmental entity employee or employees, the case shall be heard and decided by a jury upon the demand of any party. Nothing in this section shall be construed to abridge the right of any party to a trial by jury otherwise granted by the state or federal constitution or any statute.
Acts 1981, ch. 527, § 2; 1994, ch. 789, § 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 4 - FUNDING AND INSURANCE (§§ 29-20-401 — 29-20-408) › Section 29-20-402 - Authority to levy tax

Notwithstanding law or charter to the contrary, all governmental entities having the power to tax shall have authority to levy an annual property tax in the amount necessary to pay all claims, settlements, or judgments secured pursuant to the provisions hereof, or to pay the costs to defend against same, or for the purpose of establishing and maintaining a reserve or special fund as the same may be established pursuant to §
29-20-401
for the payment of such claims, settlements, or judgment as may be reasonably anticipated, or to pay the premium for such insurance as herein authorized, including insurance provided for in §
29-20-406
, even though as a result of such levy the maximum levy as otherwise restricted by law is exceeded thereby; provided, that in no event shall the revenues derived therefrom be used for any other purpose than those stipulated herein.
Acts 1973, ch. 345, § 23; 1979, ch. 282, § 2; T.C.A., § 23-3326.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 4 - FUNDING AND INSURANCE (§§ 29-20-401 — 29-20-408) › Section 29-20-404 - Waiver of immunity or liability limits - Liabilities arising under federal law

(a)
A governmental entity or the insurer of such governmental entity shall not be held liable for any claim arising under state law for which the governmental entity has immunity under this chapter unless the governmental entity has expressly waived such immunity. A governmental entity or the insurer of such governmental entity shall not be held liable for any judgment in excess of the limits of liability set forth in §
29-20-403
, unless the governmental entity has expressly waived such limits. The waiver of such immunity or such limits of liability by a governmental entity shall only be valid if such waiver is expressly contained in the provisions or endorsement of a policy or contract of insurance authorized by this chapter to cover its liability under this chapter.
(b)
This chapter shall not be construed to prohibit or limit a governmental entity from purchasing a policy or contract of insurance in such amounts of coverage as it deems proper for liabilities which may arise under federal law. If a governmental entity has such policy or contract of insurance for liabilities which may arise under federal law, such policy or contract of insurance shall not be construed or deemed a waiver of any immunity provided in this chapter or of the limits of liability set forth in §
29-20-403
, for any claims arising under state law.
Acts 1973, ch. 345, § 25; T.C.A., § 23-3328; Acts 1985, ch. 301, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 4 - FUNDING AND INSURANCE (§§ 29-20-401 — 29-20-408) › Section 29-20-405 - Construction of liability insurance policy not in compliance with law

Any insurance policy, rider or endorsement purchased to insure against any risk which may arise as a result of the application of this chapter, and which contains any condition or provisions not in compliance with the terms of this chapter, shall not be rendered invalid, but shall be construed and applied in accordance with the intention of this chapter.
Acts 1973, ch. 345, § 26; T.C.A., § 23-3329.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 4 - FUNDING AND INSURANCE (§§ 29-20-401 — 29-20-408) › Section 29-20-406 - Liability insurance for employees and sheriffs authorized

(a)
A governmental entity may insure any or all of its employees against all or any part of their liability for injury or damage resulting from a negligent act or omission, and any expenditure for such insurance is herewith declared to be for a public purpose, and may be paid from funds derived from the tax levy authorized in §
29-20-402
.
(b)
Any sheriff or group of sheriffs is authorized to purchase insurance or enter into agreements to insure such sheriff and any or all of the sheriff's employees against all or any part of their personal liability for injury or damages arising as a result of the act or omission of any such sheriff or employee. This authority to purchase insurance or enter into agreements to insure includes specifically the authority to establish a separate legal or administrative entity to effectuate any such agreements or, if a separate legal or administrative entity is not established, to designate an entity to effectuate the purposes of this subsection (b). Any such purchase or any such agreement which would involve the expenditure of county funds must first be approved by the county legislative body.
Acts 1973, ch. 345, § 27; T.C.A., § 23-3330; Acts 1986, ch. 730, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 20 - GOVERNMENTAL TORT LIABILITY (§§ 29-20-101 — 29-20-408) › Part 4 - FUNDING AND INSURANCE (§§ 29-20-401 — 29-20-408) › Section 29-20-407 - Authorization for purchase of insurance without bidding

Any governmental entity may purchase any of the insurance authorized by this chapter, without the necessity of public bidding, as required by any public or private act or charter restriction, if such insurance is purchased through a plan authorized and approved by any organization of governmental entities representing cities and counties.
Acts 1974, ch. 780, § 2; T.C.A., § 23-3331.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-101 - Grounds for writ

(a)
Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in §
29-21-102
, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint.
(b)
Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of this writ on any claim that:
(1)
The petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentencing;
(2)
The petitioner's sentence included a release eligibility percentage where the petitioner was not entitled to any early release; or
(3)
The petitioner's sentence included a lower release eligibility percentage than the petitioner was entitled to under statutory requirements.
Code 1858, § 3720; Shan., § 5500; Code 1932, § 9671; T.C.A. (orig. ed.), §23-1801; Acts 2009 , ch. 420, §§ 1, 2.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-102 - Federal prisoners

Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such judges or courts have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts, are not entitled to the benefits of this writ.
Code 1858, § 3721; Shan., § 5501; Code 1932, § 9672; T.C.A. (orig. ed.), § 23-1802.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-103 - Judges authorized to grant writ

The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance.
Code 1858, § 3723; Shan., § 5503; mod. Code 1932, § 9674; T.C.A. (orig. ed.), § 23-1803.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-104 - Issuance of writ without application

Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor.
Code 1858, § 3730; Shan., § 5510; Code 1932, § 9680; T.C.A. (orig. ed.), § 23-1804.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-105 - Place of application for writ

The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge.
Code 1858, § 3724; Shan., § 5504; Code 1932, § 9675; C. Supp. 1950, § 9675; T.C.A. (orig. ed.), § 23-1805.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-106 - Habeas corpus proceedings in municipal courts, corporation courts and courts of general session jurisdiction

(a)
The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without a warrant of arrest having been issued prior to such detention and against whom no formal charges have been made or placed and who has not been taken before a committing magistrate.
(b)
The petition for such writ of habeas corpus shall be sworn to and shall recite generally that the petitioner is presently being detained without charges; that the petitioner is being held by municipal authorities and/or officials; that petitioner was arrested without a warrant and has not been docketed or charged with any offenses and has not been brought before a committing magistrate.
(c)
It is the expressed intention of the general assembly to confer on the municipal or corporation courts and general sessions courts of this state, and the judges thereof, the jurisdiction to inquire into the detention of any person being held by municipal authorities and/or officials wherein no warrant for arrest has been issued or any formal charges have been made.
(d)
No application for habeas corpus made under this section shall be required to be brought pursuant to §
29-21-105
, it being the legislative intent that habeas corpus petitions pursuant to this section shall not be required to be brought before the general sessions or municipal courts but that such petitions may be permitted to be brought before such courts.
Acts 1974, ch. 562, § 1; T.C.A., § 23-1849.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-107 - Petition - Affidavit

(a)
Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner's behalf, and verified by affidavit.
(b)
The petition shall state:
(1)
That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom and place where restrained, mentioning the name of such person, if known, and, if unknown, describing the person with as much particularity as practicable;
(2)
The cause or pretense of such restraint according to the best information of the applicant, and if it be by virtue of any legal process, a copy thereof shall be annexed, or a satisfactory reason given for its absence;
(3)
That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best of the applicant's knowledge and belief; and
(4)
That it is first application for the writ, or, if a previous application has been made, a copy of the petition and proceedings thereon shall be produced, or satisfactory reasons be given for the failure so to do.
Code 1858, §§ 3722, 3725; Shan., §§ 5502, 5505; Code 1932, §§ 9673, 9676; T.C.A. (orig. ed.), §§ 23-1806, 23-1807.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-108 - Duty of court - Wrongful failure to grant writ

(a)
It is the duty of the court or judge to act upon such applications instanter.
(b)
A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.
Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-109 - Refusal of writ

If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto.
Code 1858, § 3726; Shan., § 5506; Code 1932, § 9677; T.C.A. (orig. ed.), § 23-1809.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-110 - Issuance of writ - Form - Formal defects

(a)
If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows:
State of Tennessee, To the sheriff, etc. [or to A B, as the case may be]:
____________________ County
You are hereby commanded to have the body of C B, who is alleged to be unlawfully detained by you, before the ______________ court, [or before me, or before E E, Judge, etc., as the case may be], at ______________, on ______________ [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises.
This ______________ day of ______________, 20 ____________________. G H, Judge, etc.
(b)
The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.
(c)
When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially.
Code 1858, §§ 3727, 3728, 3741; Shan., §§ 5507, 5508, 5521; Code 1932, §§ 9678, 9679, 9691; T.C.A. (orig. ed.), §§ 23-1810 -- 23-1812.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-111 - Person by whom writ served

(a)
The writ may be served by the sheriff, coroner, or constable, or any other person appointed for that purpose by the court or judge by whom it is issued or allowed.
(b)
If served by any other person than the sheriff, that person possesses the same power, and is liable to the same penalty for nonperformance the duty performed by that person, as though the person were the sheriff.
Code 1858, § 3731; Shan., § 5511; Code 1932, § 9681; T.C.A. (orig. ed.), § 23-1813.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-112 - Mode of service - Persons served

(a)
The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original.
(b)
Any person served with the writ is presumed to be the person for whom it is intended, although it may be directed to the person by a wrong name or description, or to another person.
(c)
If the defendant cannot be found, or, if the defendant have not the plaintiff in custody, the service may be made upon any person having the plaintiff in custody, in the same manner and with the same effect as though that person had been made a defendant therein.
Code 1858, §§ 3732, 3733, 3742; Shan., §§ 5512, 5513, 5522; Code 1932, §§ 9682, 9683, 9692; T.C.A. (orig. ed.), §§ 23-1814 -- 23-1816.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-113 - Arrest of defendant

If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is returnable. In order to make such arrest, the sheriff, or other person having the writ, has the same power as is given to a sheriff for the arrest of a person charged with a felony.
Code 1858, §§ 3734, 3735; Shan., §§ 5514, 5515; Code 1932, §§ 9684, 9685; T.C.A. (orig. ed.), § 23-1817.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-114 - Taking plaintiff into custody

If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff's person in such case, the person possesses the same power as is given by §
29-21-113
for the arrest of the defendant.
Code 1858, § 3736; Shan., § 5516; Code 1932, § 9686; T.C.A. (orig. ed.), § 23-1818.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-115 - Precept

(a)
The court or judge to whom the application for the writ is made, if satisfied that the plaintiff is likely to suffer irreparable injury before the plaintiff could be relieved by the proceedings as authorized in §§
29-21-112
- 29-21-114, may issue a precept to the sheriff, or other person selected, commanding the sheriff or other person to bring the plaintiff forthwith before such judge or court.
(b)
When the evidence is further sufficient to justify the arrest of the defendant, for a criminal offense committed in connection with the illegal detention of the plaintiff, the precept shall also contain an order for the arrest of the defendant.
(c)
The officer or person to whom the precept is directed shall execute the same by bringing the defendant, and also the plaintiff, if required, before the court or judge issuing it, and thereupon the defendant shall make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued. The defendant may also be examined and committed, bailed or discharged, according to the nature of the case.
Code 1858, §§ 3737 -- 3740; Shan., §§ 5517 -- 5520; Code 1932, §§ 9687 -- 9690; T.C.A. (orig. ed.), §§ 23-1819 -- 23-1821.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-116 - Defendant's appearance and return - Answer

(a)
Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required.
(b)
The person served with the writ shall state in the return, plainly and unequivocally:
(1)
Whether the person then has, or at any time has had, the plantiff in the person's control or restraint, and, if so, the authority and cause thereof, setting out the same fully;
(2)
If the party is detained under a writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge, if required; and
(3)
If the person on whom the writ has been served, has had the plaintiff in the person's custody or power or under the person's restraint, at any time before or after the date of the writ, but has transferred the plaintiff to another person, that person shall state the facts explicitly, and to whom, at what time, for what cause, and by what authority such transfer was made.
(c)
The return shall be signed by the person making it, and verified by the oath; unless the person is a sworn public officer, and makes the return in an official capacity.
Code 1858, §§ 3743 -- 3745; Shan., §§ 5523 -- 5525; Code 1932, §§ 9693 -- 9695; T.C.A. (orig. ed.), §§ 23-1822 -- 23-1824.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-117 - Production of plaintiff by defendant

(a)
At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so.
(b)
If the cause shown for not producing such person be sickness or infirmity, the fact shall be verified by affidavit, and other evidence if required.
(c)
The court may thereupon proceed as if the party were produced, or adjourn to the place where such party then is, or to some other time and place, according to circumstances.
Code 1858, §§ 3746-3748; Shan., §§ 5526-5528; Code 1932, §§ 9696-9698; T.C.A. (orig. ed.), § 23-1825.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-118 - Waiver of plaintiff's right to be present

The plaintiff, in writing, or the plaintiff's attorney, may waive the right to be present at the examination, in which case the proceedings may be had in the plaintiff's absence.
Code 1858, § 3753; Shan., § 5533; Code 1932, § 9703; T.C.A. (orig. ed.), § 23-1826.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-119 - Proceedings after defendant's return

The plaintiff may demur or reply to the return, and all issues shall be tried by the court or judge in a summary way, the examination being adjourned from time to time, if necessary to the proper administration of justice, and all such orders being made for the custody of the plaintiff, in the meantime, as the nature of the case requires.
Code 1858, § 3749; Shan., § 5529; Code 1932, § 9699; T.C.A. (orig. ed.), § 23-1827.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-120 - Adjustment of bail

The plaintiff may also, in any case, be committed, let to bail, or the plantiff's bail diminished or increased, as justice may require.
Code 1858, § 3750; Shan., § 5530; Code 1932, § 9700; T.C.A. (orig. ed.), § 23-1828.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-121 - Subpoena of witnesses

(a)
Subpoena for witnesses in all proceedings under this chapter may be issued by the court or judge granting the writ, or before whom the same is returnable, or by any general sessions judge.
(b)
Witnesses thus summoned are subject to the same penalties and entitled to the same privileges and fees as other witnesses.
(c)
Upon failure of the witness to attend, the fact shall be noted by the officer before whom the subpoena is returned, on the back thereof, and transmitted to the clerk of the circuit court of the county, who shall issue scire facias, as in other cases.
Code 1858, §§ 3756-3758 (deriv. Acts 1823, ch. 15, §§ 1, 2); Shan., §§ 5536-5538; Code 1932, §§9706-9708; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1829.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-122 - Discharge of plaintiff or remand to custody

(a)
If no sufficient legal cause of detention is shown, the plaintiff shall be discharged.
(b)
The party detained shall be remanded to custody:
(1)
If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction;
(2)
Where the time during which such party may be legally detained has not expired; or
(3)
In every case in which the detention is authorized by law.
Code 1858, §§ 3751, 3761; Shan., §§ 5531, 5541; Code 1932, §§ 9701, 9711; T.C.A. (orig. ed.), §§ 23-1830, 23-1831; modified.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-123 - Effect of irregular commitment

Although the commitment of the person detained may have been irregular, still, if the court or judge is satisfied, from the examination, that the person ought to be held to bail, or committed, either for the offense charged, or any other, the order shall be made accordingly.
Code 1858, § 3752; Shan., § 5532; Code 1932, § 9702; T.C.A. (orig. ed.), § 23-1832.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-124 - Filing of records - Costs

The proceedings under a writ of habeas corpus, including all the papers in the cause, and the final order, shall be returned by the judge to the nearest court served by that judge, to be filed there by the clerk, as other records, a brief memorandum thereof, duly indexed, being made upon the judgment or execution docket, and such clerk taxing the costs and issuing execution therefor, as in other cases.
Code 1858, § 3760; Shan., § 5540; Code 1932, § 9710; T.C.A. (orig. ed.), § 23-1833.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-125 - Costs - General rule

The costs of proceedings under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other cases.
Code 1858, § 3762; Shan., § 5542; Code 1932, § 9712; T.C.A. (orig. ed.), § 23-1834.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-126 - Costs on discharge of criminal defendant

(a)
Where the defendant in a criminal prosecution is brought before any circuit or criminal judge on a writ of habeas corpus, and discharged by the judge, the costs shall be paid as in other state cases, when the defendant is tried and acquitted by a jury.
(b)
(1)
When the defendant in the cases provided for in this section is charged with a felony, the judge shall make out and certify the bill of costs, and deliver the same to the clerk of the circuit court before which the defendant is bound to appear, by whom the costs shall be collected and paid out as in other cases.
(2)
If the defendant is charged with a misdemeanor, the judge shall deliver the bill of costs, made out and certified as before, to the court of general sessions of the county in which the defendant was charged with committing the offense, by whom the same shall be allowed as in other cases.
Code 1858, §§ 3763-3765 (deriv. Acts 1853-1854, ch. 40, §§1-3); Shan., §§ 5543-5545; Code 1932, §§9713-9715; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 23-1835.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-127 - Appeal

(a)
Any party, either relator or defendant, in any habeas corpus case shall have the right of appeal to the proper appellate court from any judgment or decree rendered against such party by an inferior court.
(b)
The party so appealing shall give bond and security for the costs of such appeal except where the relator or defendant is under confinement and serving a prison sentence on final judgment.
(c)
This section shall not apply to parties held in custody in criminal cases.
Acts 1887, ch. 157; Shan., § 5546; mod. Code 1932, § 9716; Acts 1959, ch. 49, § 1; T.C.A. (orig. ed.), § 23-1836.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-128 - Disobedience of writ or order

Disobedience of the original writ, or any subsequent order thereon, subjects the defendant to commitment for contempt, and also to a forfeiture of one thousand dollars ($1,000) to the party aggrieved, besides rendering the defendant liable for all damages sustained in consequence of such disobedience.
Code 1858, § 3754; Shan., § 5534; Code 1932, § 9704; T.C.A. (orig. ed.), § 23-1837.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-129 - Evasion of service

The attempt to elude the service of the writ of habeas corpus, or to avoid the effect thereof by transferring the plaintiff out of the jurisdiction or to another person, or by concealing the plaintiff, or the place of the plaintiff's confinement, is a Class C misdemeanor.
Code 1858, § 3755; Shan., § 5535; mod. Code 1932, § 9705; T.C.A. (orig. ed.), § 23-1838; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 21 - HABEAS CORPUS (§§ 29-21-101 — 29-21-130) › Section 29-21-130 - Refusal of officer to deliver copy of process

Any officer refusing to deliver a copy of any legal process by which the officer retains a party in custody to a person who demands such copy, and tenders the fees therefor, forfeits two hundred dollars ($200) to the person so detained.
Code 1858, § 3759; Shan., § 5539; Code 1932, § 9709; T.C.A. (orig. ed.), § 23-1839.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-101 - Lien created - Application - Priority

(a)
Every person, firm, association, corporation, institution, or any governmental unit, including the state of Tennessee, any county or municipalities operating and maintaining a hospital in this state, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance.
(b)
The hospital lien, however, shall not apply to any amount in excess of one third (1/3) of the damages obtained or recovered by such person by judgment, settlement or compromise rendered or entered into by such person or such person's legal representative by virtue of the cause of action accruing thereto.
(c)
The lien herein created shall be subject and subordinate to any attorney's lien whether by contract, suit or judgment upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6. Any such lien arising out of a motor vehicle accident shall not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in such accident.
Acts 1970, ch. 527, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 23-3201.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-102 - Perfecting lien - Filing and notice - Contesting - Effect of settlement or payment

(a)
In order to perfect such lien, the agent or operator of the hospital, before or within one hundred twenty (120) days after any such person shall have been discharged therefrom, shall file in the office of the clerk of the circuit court of the county in which the hospital is located, and in the county wherein the patient resides, if a resident of this state, a verified statement in writing setting forth the name and address of the patient as it appears on the records of the hospital, and the name and address of the operator thereof, the dates of admission and discharge of the patient therefrom, the amount claimed to be due for such hospital care, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by such ill or injured person or by such person's legal representative, to be liable for damages arising from such illness or injuries.
(b)
A copy of the claim shall, within ten (10) days from the filing thereof be sent by registered mail, postage prepaid, to each person, firm or corporation so claimed to be liable on account of such illness or injuries, at the address given in the statement, and to the attorney, or attorneys, representing the person to whom services were rendered by the hospital if such attorney, or attorneys, are known to the claimant or could, with reasonable diligence, be known to the claimant.
(c)
The filing of the claim shall be notice thereof to all persons, firms or corporations who may be liable on account of such illness or injuries, whether or not they are named in the claim or lien and whether or not a copy of the claim shall have been received by them.
(d)
Any person desiring to contest such a lien or the reasonableness of the charges thereof may do so by filing a motion to quash or reduce the same in the circuit court of the county in which the lien was perfected, making all other parties in interest respondents thereto. Any such motion may be heard in term time or vacation and at such time and place as may be fixed by order of the court.
(e)
(1)
If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to such policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to such settlement or payment shall not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim.
(2)
This subsection (e) shall not apply until thirty (30) days after any such person is discharged from the hospital.
Acts 1970, ch. 527, § 2; T.C.A., § 23-3202; Acts 1987, ch. 262, § 1; 1991, ch. 254, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-103 - Duties of circuit court clerk - Hospital lien book - Fee

(a)
The clerk of the circuit court shall endorse on such claim the date and hour of filing and at the expense of the county shall provide a hospital lien book with proper index in which the clerk shall enter the date and hour of such filing, the name and address of the hospital, the operator thereof and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damages.
(b)
The clerk shall be paid the sum of ten dollars ($10.00) as the fee for filing the claim.
Acts 1970, ch. 527, § 3; T.C.A., § 23-3203; Acts 1988, ch. 666, § 1.
2023 Tennessee Code › Title 29 - REMEDIES AND SPECIAL PROCEEDINGS (§§ 29-1-101 — 29-43-101) › Chapter 22 - HOSPITALS' LIENS (§§ 29-22-101 — 29-22-107) › Section 29-22-104 - Impairment of lien - Damages

(a)
No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such lien unless the lienholder shall join therein or execute a release of the lien.
(b)
(1)
Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this chapter shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance.
(2)
Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien.
(3)
Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder.
Acts 1970, ch. 527, § 4; T.C.A., § 23-3204.