reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-611 - Fees for licensure

The fees for licensure pursuant to this part shall be established by the board and shall cover a two-year period from the date of issuance or renewal of the license. All licenses shall expire June 30 in the year of expiration and all renewals will be effective July 1; provided, however, an initial license not issued on July 1 shall be valid from the date of issuance until June 30 of the second year from the June 30 preceding the date of issuance. All moneys collected pursuant to this part shall be deposited into the board of court reporting fund. All expenses incurred by the board in implementing and administering this part shall be paid out of the fund; provided, that the expenses of the board shall not be in excess of the moneys in the fund. The board may charge and collect the following fees, which shall be deposited into the fund:
(1)
An application fee for a temporary or regular license;
(2)
An examination fee, if applicable;
(3)
A renewal fee for a temporary or regular license; however, if the initial license was held for less than one (1) year, then the renewal fee is reduced by fifty percent (50%);
(4)
A reinstatement fee for any application for reinstatement of a temporary or regular license that has been revoked or suspended; and
(5)
A late renewal fee for the renewal of a license after the due date, which shall be payment of the renewal fee plus a penalty as set by the board for each month that elapses before payment is tendered; provided, however, that delinquency of more than six (6) months shall result in revocation of licensure.
Amended by 2021 Tenn. Acts, ch. 549, s 2, eff. 10/1/2021.
Amended by 2021 Tenn. Acts, ch. 549, s 1, eff. 10/1/2021.
Acts 2009 , ch. 450, § 1; 2010 , ch. 1123, § 4.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-612 - License renewal - Continuing education - Notification of change of address

(a)
Each person licensed pursuant to this part shall apply for renewal of the license pursuant to dates established by the board. A renewal fee in an amount determined by the board shall be paid for renewal of the license for a two-year period.
(b)
The board shall require specific continuing education as a condition for license renewal. In order to maintain licensure, all licensed court reporters and holders of a nonresident certificate will be required to obtain a minimum of two (2.0) continuing education credits over a two-year period in courses approved by the board or in compliance with the continuing education requirements of approved national or state associations. The two-year period will begin on July 1 of the year during which the reporter is initially licensed. No credits may be carried over to the following two-year term. The continuing education requirements described in this subsection (b) are waived in the case of renewals of initial licenses held for less than one (1) year.
(c)
The board may provide for the late renewal of a license that has lapsed and may require the payment of a late fee or an examination, or both, prior to issuing a renewal license.
(d)
Licensees shall notify the board in writing of any change of address within thirty (30) days of the change.
Amended by 2021 Tenn. Acts, ch. 549, s 3, eff. 10/1/2021.
Acts 2009 , ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-613 - Applications for grandfathering licensure to practice as court reporter - Automatic granting of licensure

(a)
Any person who is engaged in the practice of court reporting on or before January 1, 2010, and who:
(1)
Provides to the board an affidavit setting forth past education and work experience as a court reporter and:
(A)
An affidavit of a judge for whom the person has worked as an official court reporter;
(B)
Affidavits of three (3) licensed attorneys; or
(C)
Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting;
(2)
Provides proof of passage of the National Court Reporters Association Registered Professional Reporter examination, the National Verbatim Reporters Association Certified Verbatim Reporter examination, or the American Association of Electronic Reporters and Transcribers Certified Electronic Court Reporter examination; or
(3)
Provides proof of a court reporter license issued by any state; provided, that the state has the same or more stringent requirements of this chapter;
and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter.
(b)
(1)
Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter examination designation on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
(2)
Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter designation on or before January 1, 2010, and does not apply for licensure within one (1) year of July 1, 2010, shall be required to pass the licensed court reporter examination and pay applicable licensure fees in order to become a licensed court reporter.
(3)
Any member in good standing of the Tennessee Court Reporters Association who holds the registered professional reporter designation, or higher, from the NCRA, NVRA or AAERT on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
(c)
The deadline for receiving applications under subsections (a) and (b) shall be July 1, 2011.
(d)
On or before October 1, 2012, any person who provides satisfactory proof that such person graduated from a court reporting program in this state prior to January 1, 2012, shall be licensed to practice as a court reporter.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, §§ 5, 6; 2012, ch. 960, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-614 - Temporary license upon proof of graduation from court reporting program

Any person who provides to the board satisfactory proof of graduation from a court reporting program or its equivalent shall, upon application to the board on forms approved by the board and payment of a fee in an amount determined by the board, be issued a temporary license to practice as a court reporter. This temporary license shall expire sixty (60) days following the date upon which the next board-approved examination for licensure is given. No more than three (3) additional temporary licenses shall be issued to any applicant who fails to pass the scheduled examination for licensure.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-615 - Inactive status

The board shall establish an inactive status for persons who are not actively engaged in the practice of court reporting.
Acts 2009, ch. 450, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 9 - TRIAL (§§ 20-9-101 — 20-9-616) › Part 6 - TENNESSEE COURT REPORTER ACT OF 2009 (§§ 20-9-601 — 20-9-616) › Section 20-9-616 - Disposition and disbursement of moneys collected - Budget - Contracting for services

(a)
Notwithstanding any other law to the contrary, all moneys collected pursuant to this part shall be deposited in the state treasury in a separate fund to be known as the Tennessee board of court reporting fund.
(b)
Disbursements from this fund shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part.
(c)
No such expenses shall be payable from the general fund of the state; except for the initial expenses of the board prior to the collection of licensure fees sufficient to defray such expenses.
(d)
Any part of the Tennessee board of court reporting fund remaining at the end of a fiscal year shall not revert to the general fund of the state, but shall be carried forward until expended in accordance with this part.
(e)
The board shall budget annually, in advance, its expenditures for programs, services, allocated overhead or chargebacks and other normal operating expenses as determined by the board. These expenditures so established shall be budgeted at the beginning of the fiscal year by the board, not to exceed the fees to be received by the board, including the excesses accumulated in the fund of the board. The commissioner of finance and administration shall inform the board annually, in advance for budgeting purposes, of the allocation of all overhead or chargebacks to the board.
(f)
Subject to approval of the comptroller of the treasury and the commissioner of finance and administration, the board may also contract for services to carry out this part.
Acts 2009, ch. 450, § 1; 2010, ch. 1123, § 8.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 10 - ADDITUR AND REMITTITUR (§§ 20-10-101 — 20-10-103) › Section 20-10-101 - Additur

(a)
(1)
In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the jury, or both such classes of damages.
(2)
If the additur is accepted by the defense, it shall then be ordered by the trial judge and become the verdict, and if not accepted, the trial judge shall grant the plaintiff's motion for a new trial because of the inadequacy of the verdict upon proper motion being made by the plaintiff.
(b)
(1)
In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be increased and an additur is suggested by the trial judge on that account, with the proviso that in case the party against whom the verdict has been rendered refuses to make the additur, a new trial will be awarded, the party against whom such verdict has been rendered may make such additur under protest, and appeal from the action of the trial judge to the court of appeals.
(2)
The court of appeals shall review the action of the trial court suggesting an additur using the standard of review provided for in the Tennessee Rules of Appellate Procedure 13(d) applicable to decisions of the trial court sitting without a jury. If the court of appeals is of the opinion that the verdict of the jury should not have been increased or that the amount of the additur is improper, but that the judgment of the trial court is correct in all other respects, the case shall be reversed to that extent, and the court of appeals may order remitted all or any part of the additur.
Acts 1969, ch. 137, § 1; 1970, ch. 590, § 1; T.C.A., § 20-1330; Acts 1987, ch. 232, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 10 - ADDITUR AND REMITTITUR (§§ 20-10-101 — 20-10-103) › Section 20-10-102 - Remittitur

(a)
In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be reduced and a remittitur is suggested by the trial judge on that account, with the proviso that in case the party in whose favor the verdict has been rendered refuses to make the remittitur, a new trial will be awarded, the party in whose favor such verdict has been rendered may make such remittitur under protest, and appeal from the action of the trial judge to the court of appeals.
(b)
The court of appeals shall review the action of the trial court suggesting a remittitur using the standard of review provided for in T.R.A.P. 13(d) applicable to decisions of the trial court sitting without a jury. If, in the opinion of the court of appeals, the verdict of the jury should not have been reduced, but the judgment of the trial court is correct in other respects, the case shall be reversed to that extent, and judgment shall be rendered in the court of appeals for the full amount originally awarded by the jury in the trial court.
Acts 1911, ch. 29, § 1; Shan., § 4852a1; Code 1932, § 8987; Acts 1949, ch. 253, § 1; C. Supp. 1950, § 8987; T.C.A. (orig. ed.), § 27-118; Acts 1987, ch. 232, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 10 - ADDITUR AND REMITTITUR (§§ 20-10-101 — 20-10-103) › Section 20-10-103 - Remittitur under protest - Review by supreme court

(a)
If the judgment of the trial court with regard to a remittitur is affirmed in the court of appeals, so that a party is required to make a remittitur or suffer a new trial, as in the judgment of the trial court, or if, by the opinion of the court of appeals, a further or a larger remittitur is required of the party in whose favor the verdict was rendered, or if after the case was tried in the lower court by the trial judge without a jury, or if after the case was tried in the lower court with a jury and no remittitur was suggested by the trial judge, a remittitur is first suggested or required in the court of appeals, on penalty of granting a new trial, then in each and all of these events the party in whose favor the verdict or judgment has been rendered may make the remittitur under protest in the court of appeals, and take the case, by application for permission to appeal, for review upon that point, to the supreme court.
(b)
If, in the opinion of the supreme court, the verdict should not have been reduced, and the court of appeals was in error in affirming the action of the trial court as to the remittitur, or if the court of appeals was, itself, in error in suggesting a remittitur for the first time in that court, or in suggesting a further or larger remittitur than that suggested in the trial court, and if the judgment is otherwise correct, the case shall be reversed to that extent, and judgment shall be rendered in the supreme court for the full amount originally awarded by the jury or the trial judge sitting without a jury, as the case may be.
Acts 1911, ch. 29, § 2; Shan., § 4852a2; Code 1932, § 8988; Acts 1949, ch. 253, § 2; C. Supp. 1950, § 8988; T.C.A. (orig. ed.), § 27-119; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 11 - FORMAL DEFECTS IN PROCEEDINGS (§§ 20-11-101 — 20-11-104) › Section 20-11-101 - Penal and qui tam actions

This chapter shall apply to penal and qui tam as well as civil actions.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 11 - FORMAL DEFECTS IN PROCEEDINGS (§§ 20-11-101 — 20-11-104) › Section 20-11-102 - General sessions court proceedings on appeal

In appeals from courts of general sessions, the circuit court shall supply any defect in the proceedings of the inferior jurisdiction, as though the suit had been commenced in the circuit court.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 11 - FORMAL DEFECTS IN PROCEEDINGS (§§ 20-11-101 — 20-11-104) › Section 20-11-103 - Defective verdict

Any defect in entering a verdict where there are different issues, or the verdict is not responsive to the issues, shall be objected to before judgment is entered, or the objection will be considered waived.
Code 1858, § 2873 (deriv. Acts 1851-1852, ch. 152, § 7); Shan., §4593; Code 1932, § 8717; T.C.A. (orig. ed.), § 20-1509.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 11 - FORMAL DEFECTS IN PROCEEDINGS (§§ 20-11-101 — 20-11-104) › Section 20-11-104 - Copy of lost paper

If an original process, pleading or paper in a cause is lost or withheld by any person, the court may, at any stage of the suit, authorize its place to be supplied by a copy to be used instead of the original.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-101 - Recovery by successful party

The successful party in all civil actions is entitled to full costs, unless otherwise directed by law or by a court of record, for which judgment shall be rendered.
Code 1858, § 3197 (deriv. Acts 1794, ch. 1, § 74); Shan., §4938; mod. Code 1932, § 9091; T.C.A. (orig. ed.), § 20-1601.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-102 - Litigation tax

Litigation taxes shall be payable as required by §§
67-4-602
- 67-4-606. A successful plaintiff in any civil action shall be reimbursed by the defendant for any litigation tax incurred, in the same manner as are costs.
Code 1958, § 551; Shan., § 706; Code 1932, § 1257; Acts 1961, ch. 310, § 1; T.C.A. (orig. ed.), § 20-1602; Acts 1982, ch. 925, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-103 - Copies of records

The necessary fees paid by the successful party in procuring copies of deeds, bonds, wills or other records filed as part of the testimony shall be taxed in the bill of costs.
Code 1858, § 3206 (deriv. Acts 1849-1850, ch. 116, § 2); Shan., §4948; Code 1932, § 9101; T.C.A. (orig. ed.), § 20-1603.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-104 - Postage

Postage or expressage paid by the officers of the court, or by the parties in sending process, depositions and other papers, being part of the record, by mail or express, shall be taxed in the bill of costs.
Code 1858, § 3207 (deriv. Acts 1841-1842, ch. 129, § 7); Shan., §4949; mod. Code 1932, § 9102; T.C.A. (orig. ed.), § 20-1604.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-105 - Number of witnesses

(a)
Not more than two (2) witnesses called to prove the same fact shall be taxed in any bill of costs against the losing party, except in case of witnesses called to attack or sustain the character of a witness or party.
(b)
If more than the number of witnesses allowed are examined in proof of any particular fact, a motion shall be made at the term at which the cause is tried, and the court shall instruct the clerk as to the taxation of costs. The motion shall not be made afterwards without good cause shown.
Code 1858, §§ 3213, 3214 (deriv. Acts 1783, ch. 11, § 4); Acts 1859-1860, ch. 35, § 1; Shan., §§ 4955, 4956; Code 1932, §§ 9108, 9109; T.C.A. (orig. ed.), § 20-1605.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-106 - Dismissal - Compromise

Suits may be dismissed, in writing, out of term time as well as in term, and further costs stopped. If compromised and dismissed before the return day of the original writ, or before the court to which an appeal is taken from the judgment of a court of general sessions, no costs, except the clerk's fee for issuing the writ and the sheriff's fee for serving it, if served, shall be taxed.
Code 1858, § 3199 (deriv. Acts 1826, ch. 28, § 1); Shan., § 4940; Code 1932, § 9093; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1606.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-107 - Omitted costs

Costs omitted in taxing the bills of costs may be retaxed at any time upon application to the court; but if the judgment for costs has been paid, the party against whom the retaxation is asked shall have five (5) days' notice of the application.
Code 1858, § 3211 (deriv. Acts 1855-1856, ch. 70, § 1); Shan., §4953; Code 1932, § 9106; T.C.A. (orig. ed.), § 20-1607.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-108 - Correction of erroneous taxation

If the taxation of costs is excessive by charging the costs of witnesses who were not examined or by charging costs to an improper party, or taxing costs contrary to law, or the taxation is otherwise erroneous, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred.
Code 1858, § 3212; Shan., § 4954; Code 1932, § 9107; T.C.A. (orig. ed.), § 20-1608.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-109 - Charged against real plaintiff

Where suit is brought in the name of one for the use of another, the person for whose use the action is brought is the real plaintiff, against whom judgment for costs shall be given.
Code 1858, § 3200 (deriv. Acts 1825, ch. 29, § 1; 1825, ch. 45, § 5); Shan., § 4941; Code 1932, § 9094; T.C.A. (orig. ed.), § 20-1609.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-110 - Dismissal, abatement or discontinuance

In cases of nonsuit, dismissal, abatement by death of plaintiff or discontinuance, the defendant is the successful party, within the meaning of §
20-12-101
.
Code 1858, § 3201 (deriv. Acts 1794, ch. 1, § 74); Shan., § 4942; Code 1932, § 9095; T.C.A. (orig. ed.), § 20-1610.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-111 - Appeal from general sessions court

If the appeal of the defendant from a judgment of a court of general sessions is dismissed for any cause, the original plaintiff is the successful party, and so of other cases.
Code 1858, § 3202; Shan., § 4943; Code 1932, § 9096; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1611.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-112 - Jurisdictional defects - Irregular transfer

Where a suit is dismissed from any court for want of jurisdiction or because it has not been regularly transferred from an inferior to a superior court, the costs shall be adjudged against the party attempting to institute or bring up the cause.
Code 1858, § 3215 (deriv. Acts 1832, ch. 5); Shan., § 4957; Code 1932, § 9110; T.C.A. (orig. ed.), § 20-1612.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-113 - Abatement of action

When a plaintiff suffers the plaintiff's action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff's representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers of court, or any of them, and, if against a representative, shall be paid as other claims against the estate.
Code 1858, § 3209; Shan., § 4951; mod. Code 1932, § 9104; T.C.A. (orig. ed.), § 20-1613.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-114 - Nominal damages recovered

In civil actions founded upon assault, assault and battery, malicious prosecution, false imprisonment or for the recovery of damages for overflowing of water by the erection of a gristmill or other waterworks of utility, the plaintiff recovers no more costs than damages, unless the recovery exceeds five dollars ($5.00).
Code 1858, § 3198 (deriv. Acts 1715, ch. 27, § 8; 1811, ch. 91, §1; 1829, ch. 1, § 1; 1851-1852, ch. 146); Shan., § 4939; mod. Code 1932, § 9092; T.C.A. (orig. ed.), § 20-1616.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-115 - Actions for overflow of water

In all suits for the recovery of damages occasioned by the overflowing of water by the erection of a dam for a grist or saw mill or other waterworks of utility, the plaintiff, if successful, shall be entitled to full costs, unless the plaintiff's damages do not exceed five dollars ($5.00), in which case the plaintiff shall not recover more costs than damages.
Code 1858, § 3404 (deriv. Acts 1794, ch. 1, § 74; 1851-1852, ch. 146, §1); Shan., § 5159; Code 1932, § 9318; T.C.A. (orig. ed.), § 20-1617.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-116 - Usury

If it appears in the action that usurious interest has been intentionally taken or reserved, the person taking or reserving such usury shall pay full costs.
Code 1858, § 3205; Shan., § 4947; Code 1932, § 9100; T.C.A. (orig. ed.), § 20-1618.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-117 - Taxation between defendants

The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant's benefit.
Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., §4952; Code 1932, § 9105; T.C.A. (orig. ed.), § 20-1619.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-118 - Cases not expressly covered

If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right.
Code 1858, § 3220; Shan., § 4962; Code 1932, § 9115; T.C.A. (orig. ed.), § 20-1620.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-120 - Security given by plaintiff

No leading process shall issue from any court without security being given by the party at whose instance the action is brought for the successful prosecution of the party's action, and, in case of failure, for the payment of court costs and taxes that may be awarded against the party, unless in cases and instances specially excepted.
Code 1858, § 3187 (deriv. Acts 1787, ch. 19, § 1); Shan., §4923; mod. Code 1932, § 9075; T.C.A. (orig. ed.), § 20-1622; Acts 1994, ch. 967, § 1; 1999, ch. 191, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-121 - Failure to take security

Any clerk who neglects to take the security required by §
20-12-120
is liable on the clerk's official bond to all persons aggrieved by the neglect.
Code 1858, § 3188 (deriv. Acts 1787, ch. 19, § 3); Shan., § 4924; Code 1932, § 9076; T.C.A. (orig. ed.), § 20-1623.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-122 - Actions commenced by petition or motion

In any action commenced by petition or motion, the plaintiff may be required to give security.
Code 1858, § 3189 (deriv. Acts 1826, ch. 29, § 1); Shan., § 4925; Code 1932, § 9077; T.C.A. (orig. ed.), § 20-1624.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-123 - Appeals from general sessions court

The plaintiff in an action commenced before a judge of the court of general sessions, shall, on motion, be ruled to give security or further security in the circuit court, to which the cause may be taken for the correction of errors.
Code 1858, § 3190 (deriv. Acts 1813, ch. 131, § 2); Shan., §4926; mod. Code 1932, § 9078; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1625.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-124 - Rule to give security

Any person required by law to give security for costs may, at any stage of the cause, be ruled to give such security, if it has not previously been done, or to justify or give new or additional security on sufficient cause shown.
Code 1858, § 3191 (deriv. Acts 1829, ch. 33, § 2); Shan., §4927; mod. Code 1932, § 9079; T.C.A. (orig. ed.), § 20-1626.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-125 - Terms of bond

In all cases of bonds, for the prosecution of original suits, or where security is taken or recorded in any court, sufficient security shall be taken by the clerk to pay all costs that may be at any time adjudged against the principal, in the event they are not paid by the principal. Notwithstanding any other law to the contrary, where an attorney undertakes to serve as surety after July 1, 1999, such surety shall only be obligated for amounts required by law or included in the clerk's bill of costs, and shall not be responsible for discretionary costs. In such instances, the clerk may require an additional surety other than the attorney as may be necessary to secure payment for discretionary costs.
Acts 1859-1860, ch. 120, § 1; Shan., § 4935; Code 1932, § 9088; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1627; Acts 1981, ch. 449, § 2; 1999, ch. 207, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-126 - Omission of provisions from bond

No omission or neglect to insert the proper conditions in the bonds shall vitiate or impair the validity of the bonds.
Acts 1859-1860, ch. 120, § 3; Shan., § 4937; Code 1932, §9090; T.C.A. (orig. ed.), § 20-1628.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-127 - Pauper's oath

(a)
Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by:
(1)
Filing the following oath of poverty:
I, ______________, do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief; and
(2)
Filing an accompanying affidavit of indigency as prescribed by court rule.
(b)
The filing of a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the person filing the action from responsibility for the costs or taxes but suspends their collection until taxed by the court.
Code 1858, § 3192 (deriv. Acts 1821, ch. 22, §§ 1, 2; 1829, ch. 88, § 1); Acts 1891, ch. 221, § 1; 1897, ch. 100, § 1; 1901, ch. 126, § 1; 1903, ch. 197, § 1; Shan., § 4928; Code 1932, § 9080; Acts 1957, ch. 20, § 1; T.C.A. (orig. ed.), §20-1629; Acts 1983, ch. 393, § 1; 1995, ch. 242, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-128 - Guardian's or conservator's oath - Protection from liability

(a)
The next friend or any person who has been appointed by any court guardian, guardian ad litem or conservator of any person adjudicated incompetent or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, guardian, guardian ad litem or conservator has no property of the person adjudicated incompetent or infant, out of which to bear the expense of such action, and that the next friend, guardian, guardian ad litem or conservator verily believes that such person adjudicated incompetent or infant is justly entitled to the redress sought. The next friend or person may also file an accompanying affidavit of indigency as prescribed by court rule. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs and taxes, but merely suspends their collection until taxed by the court.
(b)
The guardian, guardian ad litem or conservator shall not incur any personal liability for such action, unless the court finds that the step was not taken in good faith.
Acts 1871, ch. 111, § 1; 1907, ch. 25, § 1; Shan., § 4929; Acts 1929, ch. 19, § 1; mod. Code 1932, § 9081; T.C.A. (orig. ed.), § 20-1630; Acts 1995, ch. 242, §2; 2011 , ch. 47, § 15.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-129 - Next friend's oath

A person acting as the next friend of an infant may on like terms prosecute a suit or appeal for the infant in forma pauperis, upon taking and subscribing an oath that the infant, in whose behalf the action or suit is begun, is not able, and has not sufficient property, to bear the expenses of the action or suit about to be commenced, by filing an accompanying affidavit of indigency as prescribed by court rule and that the infant is justly entitled to the relief sought, to the best of the next friend's belief.
Acts 1889, ch. 105, § 1; Shan., § 4930; mod. Code 1932, § 9082; T.C.A. (orig. ed.), § 20-1631; Acts 1995, ch. 242, § 3.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-130 - Personal representative's oath - Protection from liability

(a)
Any personal representative of the estate of any deceased person in this state may commence and prosecute any action or suit, or appeal, in favor of the estate represented by the personal representative, in any court without giving bond and security for costs, by taking and subscribing an oath that the personal representative, as such personal representative, has no property belonging to the estate of the deceased out of which to bear the expenses of the action or suit by filing of an accompanying affidavit of indigency as prescribed by court rule, and that the personal representative verily believes that the estate, for the benefit of which the action or suit is brought, is justly entitled to the redress sought. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs or taxes, but merely suspends their collection until taxed by the court.
(b)
In such case the personal representative shall not incur any personal liability, unless the court trying the case should be of the opinion and adjudge that the action was frivolous or malicious.
Acts 1897, ch. 133; Shan., § 4930a2; mod. Code 1932, § 9083; T.C.A. (orig. ed.), § 20-1632; Acts 1995, ch. 242, § 4.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-131 - Duties of officers and witnesses in cases in forma pauperis

In the cases provided for by §§
20-12-127
- 20-12-130, the clerks and other officers of court shall perform all the usual duties required in the progress of an action or suit, and the witnesses shall attend, as in other cases, unless their depositions are taken under the provisions of this code.
Code 1858, § 3193 (deriv. Acts 1821, ch. 22, §§ 1, 4); Shan., §4931; Code 1932, § 9084; T.C.A. (orig. ed.), § 20-1633.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-132 - Dismissal of pauper's action

(a)
If it is made to appear to the court, at any time before the trial, that the allegation of poverty is probably untrue, or the cause of action frivolous or malicious, the action may be dismissed.
(b)
The burden shall be upon a pauper to justify the pauper's oath.
Code 1858, § 3194 (deriv. Acts 1821, ch. 22, § 5); Shan., §4932; mod. Code 1932, § 9085; T.C.A. (orig. ed.), § 20-1634; Acts 1995, ch. 242, § 5.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-133 - Judgment against pauper

On failure, for any reason, to prosecute the action or suit with effect, judgment or decree shall be given against such poor persons, and execution awarded, as in other cases.
Code 1858, § 3195 (deriv. Acts 1829, ch. 88, § 1); Shan., § 4933; Code 1932, § 9086; T.C.A. (orig. ed.), § 20-1635.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-134 - Payment by state

In all cases where any civil action is brought on behalf of the state, in law or equity, and the state is adjudged to pay all costs, the costs shall be paid out of the treasury, upon the costs being properly certified.
Acts 1859-1860, ch. 76, § 2; Shan., § 4963; Code 1932, §9117; T.C.A. (orig. ed.), § 20-1636.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-135 - Judgment against surety

When security is given, judgment may, on motion, be rendered against the surety for costs, as well as against the principal. Judgment against an attorney as surety, for security taken or recorded after July 1, 1999, shall extend only to amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.
Code 1858, § 3196 (deriv. Acts 1847-1848, ch. 62, § 1); Shan., §4934; Code 1932, § 9087; T.C.A. (orig. ed.), § 20-1637; Acts 1999, ch. 207, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-136 - Execution against principal and surety

Where the costs in any case in a court of record, or before a judge of the court of general sessions, are adjudged against a party, judgment shall be rendered jointly against the party and the party's sureties, but the execution issued on the costs shall be collected from the party, if it can be. If execution cannot be collected from the party, then it shall be collected from the sureties. Execution issued against an attorney as surety, for security taken or recorded after July 1, 1999, shall collect only the amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.
Acts 1859-1860, ch. 120, § 2; Shan., § 4936; Code 1932, § 9089; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-1638; Acts 1999, ch. 207, § 3.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-137 - Recovery from successful party

All costs in civil actions accrued at the instance of the successful party that cannot be collected out of the other party may be recovered, on motion, by the person entitled to them, against the successful party and the surety on the successful party's cost bond.
Code 1858, § 3204 (deriv. Acts 1847-1848, ch. 62, § 2); Shan., §4945; mod. Code 1932, § 9098; Acts 1939, ch. 62, § 1; C. Supp. 1950, § 9098; T.C.A. (orig. ed.), § 20-1639.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-138 - Notice of motion against successful party

In all civil cases, when motions are made against the successful party for costs accrued at the successful party's instance, and that cannot be collected from the other party, five (5) days' written notice of the time and place, and the court before which the motion is to be made, shall be given to the defendant in the motion.
Acts 1879, ch. 113, § 1; Shan., § 4946; mod. Code 1932, § 9099; T.C.A. (orig. ed.), § 20-1640.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-139 - Bill of costs on appeal

In case of appeals from the circuit or chancery court, the clerk shall make out a complete bill of costs, which shall accompany the record, and a copy of the bill of costs shall be placed upon the execution docket of the court below.
Code 1858, § 3216; Shan., § 4958; Code 1932, § 9111; T.C.A. (orig. ed.), § 20-1641.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-140 - Payments from appellate to trial court

When the costs accrued in the appellate court, and in the court below, are paid to the clerk of the appellate court, the clerk of the appellate court shall pay so much of them as accrued in the court below to the clerk of the court and take a receipt for the payment.
Code 1858, § 3217; Shan., § 4959; Code 1932, § 9112; T.C.A. (orig. ed.), § 20-1642.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-141 - Payments by clerk of trial court

On receiving the costs as described in §
20-12-140
, the clerk of the court below shall charge the clerk's office with the money, upon the clerk's execution docket, and pay it to the persons entitled to it.
Code 1858, § 3218; Shan., § 4960; Code 1932, § 9113; T.C.A. (orig. ed.), § 20-1643.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-142 - Construction as remedial

The law of costs shall be construed remedially and not as the penal law.
Code 1858, § 3219 (deriv. Acts 1801, ch. 6, § 65); Shan., § 4961; Code 1932, § 9114; T.C.A. (orig. ed.), § 20-1644.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-143 - General sessions courts - Collection of costs

(a)
It is the duty of the clerk of the court of general sessions, not less than thirty (30) days after the judgments of the court of general sessions have become final, to issue an execution against the party against whom the costs have been adjudged.
(b)
Likewise, in case of inability to collect the costs from the party against whom they have been adjudged, evidenced by the return of an execution nulla bona, it shall be the duty of the clerk, not later than thirty (30) days after the return of the execution nulla bona, to undertake to collect from the successful party all costs accruing at the instance of the successful party.
Acts 1959, ch. 109, § 3; T.C.A., § 20-1645.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-144 - Collection of fines or costs in default

(a)
If any portion of the court costs or litigation taxes, or both, have not been paid within six (6) months after the adjudication of a civil case, the clerk of the court may retain an agent to collect or institute proceedings to collect the costs or taxes, or both.
(b)
If an agent is used, the clerk of the court shall use the county's normal competitive bidding procedures to select and retain the agent. The clerk of the court shall award the bid with the approval of the judge of the affected court.
(c)
(1)
The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office.
(2)
On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected, which may be allocated from each payment made on the amounts owing for such civil costs and taxes.
Amended by 2014 Tenn. Acts, ch. 737,Secs.s3, s4 eff. 4/22/2014.
Acts 1992, ch. 676, § 1; 1993, ch. 440, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 12 - COSTS (§§ 20-12-101 — 20-12-145) › Section 20-12-145 - Recoverable costs on appeal

Recoverable costs on appeal include, but are not limited to, the cost of preparing and transmitting the record; the cost of a transcript of the evidence or proceedings; the cost of producing necessary copies of briefs and the record; premiums paid for bonds to preserve rights pending appeal and costs incurred to obtain such bonds, including the cost of letters of credit or other costs incurred to provide security for such bonds pending appeal; litigation taxes; and any other fees of the appellate court or clerk.
Added by 2023 Tenn. Acts, ch. 62, s 1, eff. 3/23/2023.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 13 - ACTIONS BY AND AGAINST STATE (§§ 20-13-101 — 20-13-205) › Part 1 - ACTIONS BY AND AGAINST STATE (§§ 20-13-101 — 20-13-110) › Section 20-13-101 - Power to prosecute suits

The state shall commence and prosecute suits according to the laws of the land, as in cases between individuals, except that no security shall, in such case, be required.
Code 1858, § 2806 (deriv. Acts 1839-1840, ch. 139, § 2); Shan., § 4506; Code 1932, § 8633; T.C.A. (orig. ed.), § 20-1701.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 13 - ACTIONS BY AND AGAINST STATE (§§ 20-13-101 — 20-13-205) › Part 1 - ACTIONS BY AND AGAINST STATE (§§ 20-13-101 — 20-13-110) › Section 20-13-102 - Actions against state prohibited

(a)
No court in the state shall have any power, jurisdiction or authority to entertain any suit against the state, or against any officer of the state acting by authority of the state, with a view to reach the state, its treasury, funds or property, and all such suits shall be dismissed as to the state or such officers, on motion, plea or demurrer of the law officer of the state, or counsel employed for the state.
(b)
No statutory or other provision authorizing the University of Tennessee and its board of trustees to sue and be sued shall constitute a waiver of sovereign immunity.
Acts 1873, ch. 13, § 2; Shan., § 4507; Code 1932, § 8634; Acts 1977, ch. 170, § 1; T.C.A. (orig. ed.), § 20-1702.