reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-202 - Actions against unincorporated associations and nonresident partnerships

(a)
Any unincorporated association or organization, whether resident or nonresident, including nonresident partnerships and nonresident trusts, doing or desiring to do business in this state by performing any of the acts for which it was formed, shall, before any such acts are performed, appoint an agent in this state upon whom all process may be served, and certify to the clerk of the circuit court of each county in which the association or organization desires to perform any of the acts for which it was organized the name and address of the process agent.
(b)
(1)
If the unincorporated association or organization fails to appoint the process agent pursuant to this section, all process may be served upon the secretary of the state of Tennessee;
(2)
Upon such service, the secretary of state, by registered or certified return receipt mail, shall forward a copy of the process to the last known address of the unincorporated association or organization.
(c)
Service upon the process agent appointed pursuant to this section, or upon the secretary of state if no process agent is appointed, shall be legal and binding on the association or organization, and any judgment recovered in any action commenced by service of process, as provided in this section, shall be valid and may be collected out of any real or personal property belonging to the association or organization.
Acts 1947, ch. 32, § 1; mod. C. Supp. 1950, § 8679.1 (Williams, §§ 8681.1-8681.3); modified; Acts 1959, ch. 110, § 1; 1963, ch. 254, § 1; T.C.A. (orig. ed.), § 20-223; Acts 1981, ch. 215, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-204 - Death of party after appointment of agent

(a)
The owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state for temporary use in this state, and who makes use of the privilege extended to nonresidents of the state, to operate such vehicle on the highway or highways within the state, shall be deemed to have consented that the appointment of the secretary of state as the owner's, chauffeur's, operator's or nonresident's agent for the purposes set forth in §
20-2-203
shall be irrevocable and binding upon such owner's, chauffeur's, operator's or nonresident's executor or administrator.
(b)
Where the person has died prior to the commencement of an action brought pursuant to §
20-2-203
, this section and §§
20-2-205
- 20-2-207, service of process shall be made on the executor, executrix, administrator or administratrix of the decedent in the same manner as is provided for action commenced while the person is living.
(c)
Where an action has been duly commenced under §
20-2-203
, this section and §§
20-2-205
- 20-2-207 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the person's executor or administrator upon motion with such notice as the court deems proper.
C. Supp. 1950, § 8675.1; T.C.A. (orig. ed.), § 20-225.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-205 - Service on secretary of state

(a)
Service of process under §
20-2-203
shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
(b)
In case it appears, either before or after the lodging of process, as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue, directed to the personal representative of the nonresident deceased and shall be sent, as provided in subsection (a), to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in §
20-2-206
for the service upon living persons.
(c)
The fee of twenty dollars ($20.00) so paid by the plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
(d)
In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, the refusal shall be deemed the equivalent of delivery and adequately constitutes service.
(e)
Acceptance of the registered or certified mail by any member of the addressee's family, over sixteen (16) years of age and residing in the same dwelling with the addressee, shall constitute a sufficient delivery of the mail to the addressee.
Code 1932, §§ 8672, 8675; Acts 1949, ch. 47, § 3; C. Supp. 1950, § 8672; Acts 1955, ch. 265, § 2; 1971, ch. 332, § 1; 1980, ch. 656, §§ 1, 2; T.C.A. (orig. ed.), § 20-226; Acts 1998, ch. 890, § 7.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-206 - Evidence of service through secretary of state

The original process, endorsed as provided in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of §
20-2-205
, and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date of the secretary of state's mailing the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.
Code 1932, § 8673; T.C.A. (orig. ed.), § 20-227.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-207 - Continuances after service by agent

The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense.
Code 1932, § 8674; T.C.A. (orig. ed.), § 20-228.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-208 - Actions against steamboat owners

(a)
All persons, resident and nonresident of this state, running and operating steamboats in any of the rivers in or bordering on this state as common carriers, may be sued in law or equity in any county where the boat or boats of such person lands, for any cause of action or suit growing out of or connected with the business carried on or done by or in connection with the running and use of the boat or boats.
(b)
Service of process on any captain or clerk of any boat of such person, whether it is the particular boat complained of or immediately connected with the transaction out of which the cause of suit or action originates or not, shall be sufficient to bring such person into court.
Acts 1881, ch. 66, § 1; Shan., §§ 4547, 4548; mod. Code 1932, §§ 8680, 8681; T.C.A. (orig. ed.), § 20-229.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-209 - Operation of watercraft in state as appointment of agent for process

(a)
The operation, navigation or maintenance by a nonresident or nonresidents of a boat, ship, barge or other watercraft in this state, either in person or through others, and the acceptance thereby by the nonresident or nonresidents of the protection of the laws of this state for the watercraft, or the operation, navigation or maintenance by a nonresident or nonresidents of a boat, ship, barge or other watercraft in this state, either in person or through others, is deemed thereby to constitute an appointment by each such nonresident of the secretary of state, or some other person in the secretary of state's office during the secretary of state's absence whom the secretary of state may designate, to be the true and lawful agent of each such nonresident for service of process, upon whom may be served all lawful process in any suit, action or proceeding against the nonresident or nonresidents growing out of any accident or injury in which the nonresident or nonresidents may be involved while, either in person or through others, operating, navigating or maintaining a boat, ship, barge or other watercraft in this state; and the acceptance or the operating, navigating or maintaining in this state of the watercraft shall be a signification of each nonresident's agreement that any such process against each nonresident that is so served shall be of the same legal force and effect as if served on each nonresident personally.
(b)
The agency of the secretary of state to accept service of process shall continue for a period of one (1) year from the date of any accident or injury and shall not be revoked by death of the nonresident within the period of one (1) year.
Acts 1961, ch. 246, § 1; T.C.A., § 20-230.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-210 - Death of party after appointment of agent

(a)
The nonresident who, under §
20-2-209
, is deemed to have appointed the secretary of state as the nonresident's agent for process, shall further be deemed to have consented that the appointment of the secretary of state as the nonresident's agent for the purposes set forth in §
20-2-209
shall be irrevocable and binding upon the nonresident's executor or administrator.
(b)
Where such person has died prior to the commencement of an action brought pursuant to §
20-2-209
, this section and §§
20-2-211
- 20-2-213, service of process shall be made on the executor or administrator of the decedent in the same manner as provided for an action commenced while the person is living.
(c)
Where an action has been duly commenced under §
20-2-209
, this section and §§
20-2-211
- 20-2-213 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the defendant's executor or administrator upon motion, with such notice as the court deems proper.
Acts 1961, ch. 246, § 2; T.C.A., § 20-231.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-211 - Manner of service on secretary of state

The manner of service of process under §§
20-2-209
,
20-2-210
, this section and §§
20-2-212
and
20-2-213
shall be the same as is provided by §
20-2-205
, and the manner of evidencing such service through the secretary of state shall be the same as provided in §
20-2-206
.
Acts 1961, ch. 246, § 3; T.C.A., 20-232.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-212 - Continuances

The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense.
Acts 1961, ch. 246, § 4; T.C.A., § 20-233.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-213 - Other methods of service unaffected

Nothing in §§
20-2-209
- 20-2-212 and this section shall be construed as affecting other methods of process against nonresidents as provided by existing laws.
Acts 1961, ch. 246, § 5; T.C.A., § 20-234.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-214 - Jurisdiction of persons unavailable to personal service in state - Classes of actions to which applicable

(a)
Persons who are nonresidents of this state and residents of this state who are outside the state and cannot be personally served with process within this state are subject to the jurisdiction of the courts of this state as to any action or claim for relief arising from:
(1)
The transaction of any business within this state;
(2)
Any tortious act or omission within this state;
(3)
The ownership or possession of any interest in property located within this state;
(4)
Entering into any contract of insurance, indemnity or guaranty covering any person, property or risk located within this state at the time of contracting;
(5)
Entering into a contract for services to be rendered or for materials to be furnished in this state;
(6)
Any basis not inconsistent with the constitution of this state or of the United States;
(7)
Any action of divorce, annulment or separate maintenance where the parties lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
(b)
As used in this section, "person" includes corporations and all other entities that would be subject to service of process if present in this state.
(c)
Any such person shall be deemed to have submitted to the jurisdiction of this state who acts in the manner described in subsection (a) through an agent or personal representative.
Acts 1965, ch. 67, § 1; 1972, ch. 689, § 1; 1975, ch. 177, § 1; 1978, ch. 715, § 1; T.C.A., § 20-235; Acts 1987, ch. 390, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-215 - Service on secretary of state - Forwarding by registered or certified mail - Personal representatives of deceased defendants - Time for appearance - Registered or certified mail refused

(a)
Service of process pursuant to §
20-2-214
shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which the action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
(b)
In case it appears, either before or after the lodging of process as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue directed to the personal representative of the nonresident deceased and shall be sent as provided in this section to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in §
20-2-216
for the service upon living persons.
(c)
The fee of twenty dollars ($20.00) so paid by plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
(d)
In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, such refusal shall be deemed the equivalent of delivery and adequately constitutes service.
Acts 1965, ch. 67, § 2; 1971, ch. 332, § 1; 1979, ch. 88, § 1; 1980, ch. 656, § 2; T.C.A., § 20-236; Acts 1998, ch. 890, § 7.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-216 - Proof of mailing by secretary of state and receipt by defendant

The original process, endorsed as described in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of §
20-2-215
, and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date the secretary of state mailed the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon, service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.
Acts 1965, ch. 67, § 3; T.C.A., § 20-237.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-217 - Extraterritorial personal service - Proof

(a)
In addition to service of process on the secretary of state as set forth in this part, personal service of process may be made upon any party outside the state by any person over eighteen (18) years of age and not a party to the action. No order of court shall be required to constitute such person a proper officer to receive and execute the process.
(b)
An affidavit of the person serving the process shall be filed with the clerk of the court in which the action is pending, stating the time, manner and place of service.
Acts 1965, ch. 67, § 4; 1979, ch. 418, § 2; T.C.A., § 20-238.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-218 - Causes of action limited

Only causes of action arising hereafter or heretofore from past or future transactions as set forth in §
20-2-214
may be asserted against the defendant in an action in which jurisdiction over the defendant is based upon §§
20-2-214
- 20-2-217, this section and §
20-2-219
.
Acts 1965, ch. 67, § 5; T.C.A., § 20-239.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-219 - Process under other laws not affected - Liberal construction

(a)
Nothing contained in §§
20-2-214
- 20-2-218 and this section shall limit or affect the service of process in any other manner now provided by law.
(b)
Subsection (a) is in the nature of remedial legislation and it is the legislative intent that it be given a liberal construction.
Acts 1965, ch. 67, § 6; T.C.A., § 20-240.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-220 - Authority of deputy and assistant secretaries of state

An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf under this part shall be deemed the equivalent of the act of the secretary of state; provided, that the deputy or assistant signs the name of the secretary of state by the secretary of state as the deputy or assistant so that the record will show the party acting for the secretary of state and that such party was a deputy of or regular assistant to the secretary of state.
Acts 1967, ch. 191, § 1; T.C.A., § 20-241.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-221 - "Person" defined

As used in §§
20-2-222
- 20-2-225, "person" includes an individual, executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
Acts 1997, ch. 226, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-222 - Personal jurisdiction based upon enduring relationship

A court may exercise personal jurisdiction over:
(1)
A person domiciled in, organized under the laws of, or maintaining the person's principal place of business in, the state as to any claim for relief; or
(2)
A person who is a party to an action of divorce, annulment or separate maintenance when the parties have lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support, child visitation or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
Acts 1997, ch. 226, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-223 - Personal jurisdiction based on conduct

(a)
A court may exercise personal jurisdiction over a person, who acts directly or indirectly, as to a claim for relief arising from the person's:
(1)
Transacting any business in this state;
(2)
Contracting to supply services or things in this state;
(3)
Causing tortious injury by an act or omission in this state;
(4)
Causing tortious injury in this state by an act or omission outside this state of the person who regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state;
(5)
Having an interest in, using or possessing real property in this state;
(6)
Contracting to insure any person, property or risk located within this state at the time of contracting; or
(7)
Conduct as a director or officer of a domestic corporation or the conduct of a domestic corporation while the person held office as a director or officer.
(b)
When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against that person.
Acts 1997, ch. 226, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-224 - Service outside the state

When the exercise of personal jurisdiction is authorized by §§
20-2-221
- 20-2-223, this section and §
20-2-225
, service may be made outside this state in the manner provided by the Tennessee rules of civil procedure or as otherwise provided by law.
Acts 1997, ch. 226, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-225 - Other bases of jurisdiction unaffected - Jurisdiction whenever permitted by constitution

A court of this state may exercise jurisdiction:
(1)
On any other basis authorized by law; or
(2)
On any basis not inconsistent with the constitution of this state or of the United States.
Acts 1997, ch. 226, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 2 - PROCESS (§§ 20-2-101 — 20-2-226) › Part 2 - LONG-ARM STATUTES (§§ 20-2-201 — 20-2-226) › Section 20-2-226 - Service on the secretary of state - Collection of fee

The secretary of state shall collect a fee of twenty dollars ($20.00) each time process is served on the secretary of state under this chapter, or pursuant to the convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, November 15, 1965, commonly referred to as "The Hague Convention." The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding.
Acts 1998, ch. 890, § 8.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 3 - LIS PENDENS (§§ 20-3-101 — 20-3-105) › Section 20-3-101 - Filing of abstract - Effect of not filing

(a)
When any person, in any court of record, by declaration, petition, bill or cross bill, seeks to fix a lien lis pendens on real estate, or any interest in real estate, situated in the county of suit, in furtherance of the setting aside of a fraudulent conveyance, of subjection of property under return of nulla bona, tracing a trust fund, enforcing an equitable vendor's lien, or otherwise, that person shall file for record in the register's office of the county an abstract, certified by the clerk, containing the names of the parties to the suit, a description of the real estate affected, its ownership and a brief statement of the nature and amount of the lien sought to be fixed.
(b)
Until the abstract is so filed, so far as concerns the rights of bona fide purchasers and encumbrancers, for value, of the realty, or any interest in the realty, they shall not be affected.
Code 1932, § 8053; T.C.A. (orig. ed.), § 20-301.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 3 - LIS PENDENS (§§ 20-3-101 — 20-3-105) › Section 20-3-102 - Duties of register

It is the duty of the register immediately to file the abstract and to record the abstract in the lien book.
Code 1932, § 8055; T.C.A (orig. ed.), § 20-303.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 3 - LIS PENDENS (§§ 20-3-101 — 20-3-105) › Section 20-3-103 - Termination of action in which filed

(a)
Where the suit, abstract of the claimed lien in which has been filed and recorded, finally terminates, whether on the merits or otherwise, the court may direct the entry on the lien book in the registry of an order respecting the suit made by it, which order, certified by the clerk, shall be presented to the register, who shall immediately note its date and record it on the lien book at the proper place.
(b)
Should no such order be entered by the court, it is the duty of the plaintiff or complainant who filed the notice abstract to cause to be noted of record the fact of termination, or, if the claim is satisfied, the satisfaction of the claim, such notation to be attested in writing by the register or the register's deputy.
Code 1932, § 8056; T.C.A. (orig. ed.), § 20-304.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 3 - LIS PENDENS (§§ 20-3-101 — 20-3-105) › Section 20-3-105 - Lien on real estate

(a)
When any person in a court of record seeks to fix a lien lis pendens on real estate, or any interest in real estate, and the court in furtherance of the lien issues a restraining order, the restraining order shall be valid for ninety (90) days only unless:
(1)
The court orders a longer period of time to apply; or
(2)
Bond is given for the value of the property involved by the party seeking the order.
(b)
The abstract filed in the register's office pursuant to this part shall contain information relevant to any restraining order and the duration of the restraining order.
Acts 1983, ch. 105, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-101 - Transitory actions

(a)
In all civil actions of a transitory nature, unless venue is otherwise expressly provided for, the action may be brought in the county where the cause of action arose or in the county where the individual defendant resides.
(b)
If, however, the plaintiff and defendant both reside in the same county in this state, then the action shall be brought either in the county where the cause of action arose or in the county of their residence.
(c)
Where the action is brought either in the county where the cause of action arose or in the county where the defendant resides, process may be sent to another county as in local action, and it shall not be necessary nor required that the defendant be in the county of action either when the action is commenced or during the time between the commencement of the action and service of process.
Code 1858, §§ 2808, 2809 (deriv. Acts 1809 (Sept.), ch. 126, § 3); Shan., §§ 4513, 4514; Code 1932, §§ 8640, 8641; Acts 1967, ch. 55, § 1; 1971, ch. 51, § 1; 1972, ch. 446, § 1; T.C.A. (orig. ed.), § 20-401; Acts 2011, ch. 510, § 3.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-102 - District in which tort arose

When the plaintiff and defendant are both residents of the same county but reside in different districts within the venue of separate courts, a tort action may be brought in the court within the venue of the district where the cause of action arose, and the process may be served in other districts in the county not within the venue of the court.
Acts 1953, ch. 34, §§ 3, 4 (Williams, §§ 8641.3, 8641.4); T.C.A. (orig. ed.), § 20-403; Acts 2011 , ch. 510, § 4.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-103 - Actions in rem

In actions commenced by the attachment of property without personal service of process, and in cases where the suit is brought to obtain possession of personal property, or to enforce a lien or trust deed or mortgage, or where it relates to real property, the attachment may be sued out or suit brought in any county where the real property, or any portion of it, lies, or where any part of the personal property may be found.
Code 1858, § 2810 (deriv. Acts 1847-1848, ch. 173); Shan., § 4515; mod. Code 1932, § 8642; T.C.A. (orig. ed.), § 20-404.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-104 - Business office of party

For all civil actions, if the defendant is not a natural person, the action shall be brought in:
(1)
The county where all or a substantial part of the events or omissions giving rise to the cause of action accrued;
(2)
The county where any defendant organized under the laws of this state maintains its principal office; or
(3)
(A)
If the defendant is not organized under the laws of this state, the county where the defendant's registered agent for service of process is located; or
(B)
If the defendant does not maintain a registered agent within this state, the county where the person designated by statute as the defendant's agent for service of process is located.
Code 1858, § 2811 (deriv. Acts 1845-1846, ch. 55, § 2; 1849-1850, ch. 136; 1851-1852, ch. 136); Shan., § 4516; Code 1932, § 8643; T.C.A. (orig. ed.), § 20-40; Acts 2011, ch. 510, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-105 - Objection to venue

If action is brought in the wrong county, it may be prosecuted to a termination, unless abated by plea of the defendant.
Code 1858, § 2812; Shan., § 4517; Code 1932, § 8644; T.C.A. (orig. ed.), § 20-406.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-106 - Reserved

Acts 1968, ch. 523, § 1 (17.05); T.C.A., § 20-407, repealed by Acts 2011 , ch. 510, § 5, effective 10/1/2011.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-107 - Real property - State or agency a party

Notwithstanding any other law or rule of procedure to the contrary, any action the subject matter of which involves real property in which this state, or any agency of this state, is a party, may be properly instituted in any county in which the property is located.
Acts 1981, ch. 493, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 1 - VENUE OF ACTIONS (§§ 20-4-101 — 20-4-108) › Section 20-4-108 - Construction

Nothing in this part shall be construed to repeal or modify any other specific or special venue provision of state law.
Acts 2011, ch. 510, § 6.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-201 - Cases in which venue changeable

In all civil cases at law where the issue is to be tried by jury, and in all cases of issues in courts of equity directed to be tried by jury, either in the circuit or chancery court, in all civil cases before a judge of the court of general sessions, and in all criminal cases:
(1)
The venue may be changed, at any time before trial, upon good cause shown, as prescribed in this part; or
(2)
A court may issue an order for a special venire of jurors from another county if in its discretion it determines the action to be necessary to ensure a fair trial.
Code 1858, § 2835 (deriv. Acts 1809 (Sept.), ch. 49, § 17; 1815, ch. 166, § 8; 1841-1842, ch. 16, § 1); Acts 1870, ch. 5, § 1; Shan., § 4549; Code 1932, § 8682; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-501; Acts 1995, ch. 321, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-202 - One change for each side

The venue may be changed by the plaintiff or defendant, or both, but not more than once by each, except for causes not in existence when the first change was taken.
Code 1858, § 2836 (deriv. Acts 1819, ch. 43, § 1); Acts 1870, ch. 5, § 2; Shan., § 4550; Code 1932, § 8683; T.C.A. (orig. ed.), § 20-502.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-203 - Application for change

The party applying for a change of venue shall make a statement of facts, in writing, under oath or affirmation, that the party verily believes that, owing to prejudice, or other causes then existing, the party cannot have a fair and impartial trial in the county, or before the general sessions judge, where the cause is pending, the truth of which statement shall, in a court of record, be verified and supported by the oath of at least three (3), and before a general sessions judge, of one (1) or more, respectable and disinterested persons.
Code 1858, § 2837 (deriv. Acts 1825, ch. 78, § 1); Acts 1870, ch. 5, § 3; Shan., § 4551; mod. Code 1932, § 8684; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-503.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-204 - Allowance of change

If the presiding judge, on due consideration, is of the opinion that the cause set forth is good, and the truth of the cause set forth is evident and credibly supported, the presiding judge shall allow the change asked for.
Code 1858, § 2838 (deriv. Acts 1825, ch. 78, § 1); Shan., § 4552; mod. Code 1932, § 8685; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-504.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-206 - Court to which changed - Special venire

(a)
The change of venue in a court of record shall be made to the nearest adjoining county free from the like exception, whether in the same judicial district or out of it.
(b)
Before a general sessions judge, it shall be made to the nearest judge of the court of general sessions of the same county free from like exceptions.
(c)
Upon an order for a special venire of jurors from a court other than the court of record, as authorized by §
20-4-201
, the jury selection shall be made from the nearest adjoining county free from the like exception, whether in the same judicial district or out of it.
Code 1858, § 2839 (deriv. Acts 1809 (Sept.), ch. 49, § 17); Acts 1870, ch. 5, § 4; Shan., § 4553; Code 1932, § 8686; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-506; Acts 1995, ch. 321, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-207 - Costs of change

The party applying for a change of venue shall, in the cases referenced in this part, pay the cost of the transcript and transmission of paper; and, in the discretion of the court, the applicant may be required to give bond, or additional bond, for costs.
Code 1858, § 2841; Shan., § 4555; mod. Code 1932, § 8688; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-507.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-208 - Incompetency of judge

(a)
As a further provision to prevent delay in cases of incompetency, it is the duty of the circuit court judges and chancellors, whenever there is a cause before one (1) of them, in which the circuit court judge or chancellor is interested, at the request of the opposite party, to transfer the cause to any court in an adjoining district or division that the adverse party may choose; and the original papers, with a certified copy of all orders, shall be immediately transmitted to the court to which the venue is changed.
(b)
Where the judge of any court of law or chancery is incompetent, from any other cause, to try the cause, upon application of either of the parties to the suit, the suit shall be transferred to the nearest court having jurisdiction of such cases where like incompetency does not exist.
Code 1858, § 3924; Acts 1870, ch. 9, § 1; Shan., §§ 5720, 5721; mod. Code 1932, §§ 9906, 9907; T.C.A. (orig. ed.), § 20-508.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-209 - Transmission of records

When a change of venue is directed, the clerk of court shall make a transcript of all the minutes, orders and proceedings in the cause, duly certified, and envelope the transcript, together with all the original papers, in a strong wrapper, securely sealed and safely deliver or transmit the package by messenger, registered mail or express to the clerk of the court to which the venue has been changed.
Code 1858, § 2843; Shan., § 4557; mod. Code 1932, § 8690; T.C.A. (orig. ed.), § 20-509.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-210 - Expense of transmitting records

The clerk or messenger delivering the packages will be entitled to five cents (5¢) a mile, going and returning, and tolls and ferriages, to be paid in advance by the party applying for the change of venue. If these expenses are paid by the opposing party, they will be taxed in the bill of costs against the opposing party's adversary.
Code 1858, § 2844; Shan., § 4558; Code 1932, § 8691; T.C.A. (orig. ed.), § 20-510.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 4 - VENUE (§§ 20-4-101 — 20-4-211) › Part 2 - CHANGE OF VENUE (§§ 20-4-201 — 20-4-211) › Section 20-4-211 - Expenses relating to jury

When a change of venue in any case, either civil or criminal, is ordered by the circuit or criminal courts of this state from one (1) county to another, the jury fees, in trying the case, shall be paid by the county from which the case is sent, and the fees of the officers summoning jurors in cases where the venue is changed shall be accordingly taxed and certified by the clerk in civil cases, and also by the judge and district attorney general in criminal cases, in the same manner as the fees are otherwise certified by law.
Acts 1889, ch. 201; Shan., § 4567; Code 1932, § 8692; modified; T.C.A. (orig. ed.), § 20-511.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-101 - No abatement where cause survives

Actions do not abate by the death or other disability of either party, or by the transfer of any interest in the action, if the cause of action survives or continues.
Code 1858, § 2845 (deriv. Acts 1785, ch. 2, § 2; 1786, ch. 14, §1; 1819, ch. 16, §§ 1, 3; 1835-1836, ch. 77, § 1); Shan., § 4568; mod. Code 1932, § 8693; T.C.A. (orig. ed.), § 20-601.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-102 - Actions surviving death of party

No civil action commenced, whether founded on wrongs or contracts, except actions for wrongs affecting the character of the plaintiff, shall abate by the death of either party, but may be revived; nor shall any right of action arising hereafter based on the wrongful act or omission of another, except actions for wrongs affecting the character, be abated by the death of the party wronged; but the right of action shall pass in like manner as the right of action described in §
20-5-106
.
Code 1858, § 2846 (deriv. Acts 1835-1836, ch. 77, § 1); Shan., §4569; Code 1932, § 8694; Acts 1967, ch. 121, § 1; T.C.A. (orig. ed.), § 20-602.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-103 - Causes surviving death of tort-feasor

(a)
In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is instituted to recover damages, the death of that person shall not abate any cause of action that the plaintiff would have otherwise had, but the cause of action shall survive and may be prosecuted against the personal representative of the tort-feasor or wrongdoer.
(b)
The common law rule abating such actions upon the death of the wrongdoer and before suit is commenced is abrogated.
(c)
This section shall not apply to actions for wrongs affecting the character of the plaintiff.
Acts 1935, ch. 104, § 1; mod. C. Supp. 1950, § 8243.1; T.C.A. (orig. ed.), § 20-603.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-104 - Revival by or against heirs

If no person will administer on the estate of a deceased plaintiff or defendant, the suit may be revived by or against the heirs of the decedent.
Code 1858, § 2849 (deriv. Acts 1809 (Sept.), ch. 121, § 3); Shan., §4571; Code 1932, § 8696; T.C.A. (orig. ed.), § 20-605.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-105 - Revival by or against successor in interest

If the decedent has parted with the decedent's interest pending the suit, it may be revived by or against the successor in interest instead of the representative or heir.
Code 1858, § 2850 (deriv. Acts 1794, ch. 1, § 64); Shan., § 4572; Code 1932, § 8697; T.C.A. (orig. ed.), § 20-606.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-108 - Continuation of decedent's action

(a)
If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor.
(b)
The damages shall go to the surviving spouse and next of kin free from the claims of creditors.
Code 1858, § 2293; Shan., § 4028; mod. Code 1932, § 8238; Acts 1975, ch. 284, § 3; T.C.A. (orig. ed.), § 20-609.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 5 - ABATEMENT AND SURVIVAL OF ACTIONS (§§ 20-5-101 — 20-5-118) › Section 20-5-110 - Action for death of spouse

(a)
A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.
(b)
The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.
(c)
(1)
Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in §
36-4-101(a)(13)
or otherwise willfully withdrawn for a period of two (2) years.
(2)
If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
(3)
In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.
(4)
A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action.
Acts 1897, ch. 86, § 2; Shan., § 4029a2; mod. Code 1932, §8239; Acts 1953, ch. 210, § 2; 1975, ch. 284, § 4; T.C.A. (orig. ed.), § 20-611; Acts 1981, ch. 250, §1; 2011 , ch. 366, § 3.