reglab/statecodes huggingface dataset:
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 20-13-103 - Compromise and settlement of litigation

The attorney general and reporter may compromise and settle, insofar as the state is concerned, any civil litigation to which the state may be a party, upon such terms as in the attorney general and reporter's opinion may seem to be in the best interest of the state, and may enter into such agreements in connection with the compromise and settlement as may be necessary to effectuate the purposes of this section. Written approval of the comptroller of the treasury and governor shall be required for any compromise and settlement greater than twenty-five thousand dollars ($25,000). The attorney general and reporter shall submit a report quarterly to the comptroller of the treasury and governor of all compromises and settlements made without the written approval of the comptroller of the treasury and governor. The written approval of the speaker of the senate and the speaker of the house of representatives, the comptroller of the treasury and governor, shall be also required for the compromise and settlement of such civil litigation to which the state may be a party if the compromise and settlement will result in a significant increase in state expenditures, affect the bond rating of the state or result in a decision on a policy issue that may result in a significant increase in state expenditures.
Acts 1933, ch. 78, § 1; T.C.A. (orig. ed.), § 20-1703; Acts 1986, ch. 728, § 1; 2012, ch. 637, § 1.
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 20-13-104 - Order for deposit in treasury

In all suits brought by the state, where it is made to appear, to the satisfaction of the chancellor or judge before whom the same is pending, that any funds, moneys, bonds, notes, coupons or securities are held by any person as agent, depository or trustee, either for the state or for any of the parties against whom the suit is pending, and the litigation involves the question as to which party is entitled to the ownership or possession of the fund, or the terms on which it shall be taken by the state, it shall be the duty of the court, judge or chancellor, in open court or at chambers, in term or in vacation, to order and direct that the fund be deposited in the treasury for safekeeping, which order the court, judge or chancellor shall proceed to enforce by process of attachment against the person, or by such other writ, process, orders or agency as may be adequate to the purpose.
Acts 1873, ch. 78, § 1; Shan., § 4508; mod. Code 1932, § 8635; T.C.A. (orig. ed.), § 20-1704.
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 20-13-105 - Appeal from deposit order

No appeal shall lie from any deposit order until after it has been fully complied with, nor shall any supersedeas be granted therein until after the deposit order is fully complied with.
Acts 1873, ch. 78, § 1; Shan., § 4509; Code 1932, § 8636; T.C.A. (orig. ed.), § 20-1705.
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 20-13-106 - Safekeeping of deposited securities

The court, judge or chancellor shall make such order as the court, judge or chancellor deems necessary for the safekeeping or cancellation and redelivery or appropriation of the securities so deposited.
Acts 1873, ch. 78, § 2; Shan., § 4510; Code 1932, § 8637; T.C.A. (orig. ed.), § 20-1706.
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 20-13-107 - Return of deposited property

Where moneys are deposited in the state treasury under the provisions of this part, the court shall have power, in the event the right to the moneys are adjudged against the state, to order the return of the moneys to the party entitled, and the moneys shall be paid out of the treasury without any delay, and in exclusion of all other claims whatever.
Acts 1873, ch. 78, § 3; Shan., § 4511; Code 1932, § 8638; T.C.A. (orig. ed.), § 20-1707.
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 20-13-108 - Methods of deposit and withdrawal

The funds or securities shall be placed in the state treasury, and drawn from the state treasury on warrants of the commissioner of finance and administration.
Acts 1873, ch. 78, § 4; Shan., § 4512; Code 1932, § 8639; impl. am. Acts 1937, ch. 33, § 24; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 20-1708.
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 20-13-109 - Tax recovery by other states

Any state of the United States or the political subdivisions of any state shall have the right to sue in the courts of this state to recover any tax that may be owing to it when the like right is accorded to this state and its political subdivisions by such state.
Acts 1949, ch. 157, § 1; C. Supp. 1950, § 8639.1; T.C.A. (orig. ed.), § 20-1709.
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 20-13-110 - Venue for real property lien action against state

Venue for any suit against the state relative to a lien on real property shall be in the county in which the property is located.
Acts 1986, ch. 799, § 1.
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 2 - STATEWIDE OPIOID SETTLEMENT AGREEMENTS (§§ 20-13-201 — 20-13-205) › Section 20-13-201 - Legislative findings and declarations

The general assembly finds and declares the following:
(1)
The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state;
(2)
The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources;
(3)
It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and
(4)
A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities.
Added by 2021 Tenn. Acts, ch. 491,s 17, eff. 5/24/2021.
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 2 - STATEWIDE OPIOID SETTLEMENT AGREEMENTS (§§ 20-13-201 — 20-13-205) › Section 20-13-202 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"District" means all governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts; and
(2)
"Governmental entity" means:
(A)
The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities;
(B)
Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and
(C)
Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity.
Added by 2021 Tenn. Acts, ch. 491, s 18, eff. 5/24/2021.
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 2 - STATEWIDE OPIOID SETTLEMENT AGREEMENTS (§§ 20-13-201 — 20-13-205) › Section 20-13-203 - Authority of attorney general and reporter to release claims regarding opioids

Upon written approval of the governor and comptroller of the treasury, the attorney general and reporter has the authority to release any pending or future claim of governmental entities against McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc., and K-VA-T Food Stores, Inc., and The Kroger Co. and affiliates, subsidiaries, and other entities related to these companies that are released in the McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc., and K-VA-T Food Stores, Inc., and The Kroger Co. settlement agreements for activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, if the attorney general deems the release necessary to the interest of the state in the resolution of the opioid crisis.
Amended by 2024 Tenn. Acts, ch. 568,s 1, eff. 3/15/2024.
Amended by 2023 Tenn. Acts, ch. 429, s 1, eff. 5/11/2023.
Added by 2021 Tenn. Acts, ch. 491, s 19, eff. 5/24/2021.
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 2 - STATEWIDE OPIOID SETTLEMENT AGREEMENTS (§§ 20-13-201 — 20-13-205) › Section 20-13-204 - Review of Tennessee opioid abatement council

The Tennessee opioid abatement council established pursuant to §
33-11-103
must be reviewed in accordance with §§
4-29-118(a)
and
4-29-244(b)
.
Added by 2021 Tenn. Acts, ch. 491, s 20, eff. 5/24/2021.
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 2 - STATEWIDE OPIOID SETTLEMENT AGREEMENTS (§§ 20-13-201 — 20-13-205) › Section 20-13-205 - Effect on powers of attorney general and reporter - Cumulative and supplemental

This part shall not be construed as a restriction or a limitation upon the powers that the attorney general and reporter might otherwise have under the laws of this state but must be construed as cumulative of and supplemental to these powers.
Added by 2021 Tenn. Acts, ch. 491,s 20, eff. 5/24/2021.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-101 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Course of conduct" means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the employee's place of work, entering the workplace of an employee, following an employee during hours of employment, telephone calls to an employee, and correspondence with an employee, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile or computer e-mail;
(2)
"Credible threat of violence" means a knowing and willful statement or course of conduct that would cause a reasonable person to believe that the person is under threat of death or serious bodily injury and that is intended to, and that actually causes, a person to believe that the person is under threat of death or serious bodily injury;
(3)
"Employer" means any person or entity that employs one (1) or more employees and shall include the state and its political subdivisions and instrumentalities; and
(4)
"Unlawful violence" means assault, aggravated assault, stalking, intimidation, or extortion as prohibited by §§
39-13-101
,
39-13-102
,
39-17-315
,
39-17-309
and
39-14-112
.
Acts 2002, ch. 541, §2; 2011 , ch. 315, §§ 1, 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-102 - Temporary restraining order and injunction

Any employer or employee who has suffered unlawful violence or a credible threat of violence from any individual, or an organization that the individual is affiliated with, which can reasonably be construed to have been carried out at the workplace, may seek a temporary restraining order and an injunction prohibiting further unlawful violence or threats of violence by that individual, or the organization that individual is affiliated with, at the workplace. Nothing in this chapter shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the constitutions of this state or the United States.
Acts 2002, ch. 541, §3; 2011 , ch. 315, § 3.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-103 - Jurisdiction

(a)
Except for proceedings involving a nonresident respondent, the court of competent jurisdiction of the county where the unlawful violence or credible threat of violence occurred shall have jurisdiction over all proceedings under this chapter.
(b)
For proceedings under this chapter involving a nonresident respondent, the court of competent jurisdiction where the petitioner's workplace is located shall have jurisdiction, where the act involving unlawful violence or a credible threat of unlawful violence meets the elements for personal jurisdiction provided for under §
20-2-223(a)(3) or (a)(4)
.
Acts 2002, ch. 541, § 4.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-104 - Petition - Affidavit - Duration of temporary restraining order

Upon filing a petition with the court for an injunction pursuant to this chapter, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit that, to the satisfaction of the court, shows reasonable proof that an employee or employer has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm will result to an employee or an employer if the injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts that are the subject of the petition. A temporary restraining order granted under this chapter shall remain in effect, at the court's discretion, for a period not to exceed fifteen (15) days, unless otherwise modified or terminated by the court.
Acts 2002, ch. 541, §5; 2011 , ch. 315, § 4.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-105 - Hearing on petition - Response - Relevant testimony - Duration of injunction - Renewal of injunction

Within ten (10) days of the filing of the petition under this chapter or as soon as practical thereafter, but in no case later than thirty (30) days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the thirty-day period, it shall be scheduled and heard as soon as possible. The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this chapter. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall be issued prohibiting further unlawful violence or threats of violence at the workplace or while the employee or employer is acting within the course and scope of employment. An injunction issued pursuant to this chapter shall have a duration of not more than three (3) years. At any time within the three-month period before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this chapter.
Acts 2002, ch. 541, §6; 2011 , ch. 315, § 5.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-106 - Service of petition, temporary restraining order, and notice of hearing

Upon the filing of a petition for an injunction under this chapter, the respondent shall be personally served with a copy of the petition, temporary restraining order, if any, and notice of hearing on the petition.
Acts 2002, ch. 541, § 7.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-107 - Delivery of orders to law enforcement agencies - Availability of information to law enforcement officers

The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination of the temporary restraining order or injunction, granted under this chapter, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
Acts 2002, ch. 541, § 8.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 14 - VIOLENCE IN THE WORKPLACE (§§ 20-14-101 — 20-14-108) › Section 20-14-108 - Construction of chapter

Nothing in this chapter shall be construed as expanding, diminishing, altering or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons. Nothing in this chapter shall be construed to prohibit an employer or employee from pursuing any other civil or criminal remedy provided by law.
Acts 2002, ch. 541, § 9.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 15 - POLICY ON GRANTING COMITY TO FOREIGN LAW, LEGAL CODE OR SYSTEM (§§ 20-15-101 — 20-15-106) › Section 20-15-101 - Chapter definition

As used in this chapter, "foreign law, legal code, or system" means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.
Acts 2010, ch. 983, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 15 - POLICY ON GRANTING COMITY TO FOREIGN LAW, LEGAL CODE OR SYSTEM (§§ 20-15-101 — 20-15-106) › Section 20-15-102 - Public policy

It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution or any statute or decision under those constitutions.
Acts 2010, ch. 983, § 2.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 15 - POLICY ON GRANTING COMITY TO FOREIGN LAW, LEGAL CODE OR SYSTEM (§§ 20-15-101 — 20-15-106) › Section 20-15-103 - Primary factor in interpretation, enforcement or application of agreement providing for choice of foreign law, legal code or system is preservation of constitutional rights

(a)
If any contract, arbitration agreement or other agreement provides for the choice of a foreign law, legal code or system to govern its interpretation or the resolution of any claim or dispute and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of law provision either resulted or would result in a violation of any right guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that the primary factor in interpretation, enforcement or application of the contract, arbitration agreement or other agreement shall be preservation of the constitutional rights of the natural person in this state against whom enforcement is sought, unless otherwise directed by state statute.
(b)
Nothing in this chapter shall be interpreted to limit the right of a natural person of this state to voluntarily restrict or limit their own constitutional rights by contract or specific waiver consistent with constitutional principles; however, the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of the natural person in this state.
Acts 2010, ch. 983, § 3.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 15 - POLICY ON GRANTING COMITY TO FOREIGN LAW, LEGAL CODE OR SYSTEM (§§ 20-15-101 — 20-15-106) › Section 20-15-104 - Choice of venue or forum

(a)
If any contract, arbitration agreement or other agreement provides for the choice of venue or forum outside any state or territory of the United States and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of venue or forum provision either resulted or would result in a violation of any right of a natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that, in interpreting or construing the contract or arbitration agreement or other agreement, the primary factor to be considered is whether it can be interpreted or construed to preserve the constitutional rights of the natural person in this state against whom enforcement is sought.
(b)
If a natural person of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the constitutional rights of the non-claimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied.
Acts 2010, ch. 983, § 4.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 15 - POLICY ON GRANTING COMITY TO FOREIGN LAW, LEGAL CODE OR SYSTEM (§§ 20-15-101 — 20-15-106) › Section 20-15-105 - Application to various forms of business association

Without prejudice to any other legal right, this chapter shall not apply to a corporation, partnership or other form of business association.
Acts 2010, ch. 983, § 5.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 15 - POLICY ON GRANTING COMITY TO FOREIGN LAW, LEGAL CODE OR SYSTEM (§§ 20-15-101 — 20-15-106) › Section 20-15-106 - Application to foreseeable violations of constitutional rights from foreign law, legal code or system

The public policies expressed in this chapter shall apply only to actual or foreseeable violations of the constitutional rights of a natural person in this state from a foreign law, legal code or system.
Acts 2010, ch. 983, § 6.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 16 - SUMMARY JUDGMENT (§ 20-16-101) › Section 20-16-101 - Burden of proof in summary judgment motions

In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it:
(1)
Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or
(2)
Demonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim.
Acts 2011, ch. 498, § 1.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Public Participation Act."
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-102 - Purpose of chapter

The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, to speak freely, to associate freely, and to participate in government to the fullest extent permitted by law and, at the same time, protect the rights of persons to file meritorious lawsuits for demonstrable injury. This chapter is consistent with and necessary to implement the rights protected by the Constitution of Tennessee, Article I, §§ 19 and 23, as well as by the First Amendment to the United States Constitution, and shall be construed broadly to effectuate its purposes and intent.
Added by 2019 Tenn. Acts, ch. 185, s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-103 - Chapter definitions

As used in this chapter:
(1)
"Communication" means the making or submitting of a statement or document in any form or medium, including oral, written, audiovisual, or electronic;
(2)
"Exercise of the right of association" means exercise of the constitutional right to join together to take collective action on a matter of public concern that falls within the protection of the United States Constitution or the Tennessee Constitution;
(3)
"Exercise of the right of free speech" means a communication made in connection with a matter of public concern or religious expression that falls within the protection of the United States Constitution or the Tennessee Constitution;
(4)
"Exercise of the right to petition" means a communication that falls within the protection of the United States Constitution or the Tennessee Constitution and:
(A)
Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or
(B)
Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body;
(5)
"Legal action" means a claim, cause of action, petition, cross-claim, or counterclaim or any request for legal or equitable relief initiated against a private party;
(6)
"Matter of public concern" includes an issue related to:
(A)
Health or safety;
(B)
Environmental, economic, or community well-being;
(C)
The government;
(D)
A public official or public figure;
(E)
A good, product, or service in the marketplace;
(F)
A literary, musical, artistic, political, theatrical, or audiovisual work; or
(G)
Any other matter deemed by a court to involve a matter of public concern; and
(7)
"Party" does not include a governmental entity, agency, or employee.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-104 - Petition to dismiss legal action filed in response to party's exercise of the right of free speech, right to petition, or right of association - Response - Stay of discovery

(a)
If a legal action is filed in response to a party's exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action.
(b)
Such a petition may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court's discretion, at any later time that the court deems proper.
(c)
A response to the petition, including any opposing affidavits, may be served and filed by the opposing party no less than five (5) days before the hearing or, in the court's discretion, at any earlier time that the court deems proper.
(d)
All discovery in the legal action is stayed upon the filing of a petition under this section. The stay of discovery remains in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-105 - Burden of proof - Dismissal of legal action

(a)
The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party's exercise of the right to free speech, right to petition, or right of association.
(b)
If the petitioning party meets this burden, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.
(c)
Notwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.
(d)
The court may base its decision on supporting and opposing sworn affidavits stating admissible evidence upon which the liability or defense is based and on other admissible evidence presented by the parties.
(e)
If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice.
(f)
If the court determines the responding party established a likelihood of prevailing on a claim:
(1)
The fact that the court made that determination and the substance of the determination may not be admitted into evidence later in the case; and
(2)
The determination does not affect the burden or standard of proof in the proceeding.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-106 - Appeal of order dismissing or refusing to dismiss legal action

The court's order dismissing or refusing to dismiss a legal action pursuant to a petition filed under this chapter is immediately appealable as a matter of right to the court of appeals. The Tennessee Rules of Appellate Procedure applicable to appeals as a matter of right governs such appeals.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-107 - Award of court costs, attorney's fees, and other costs and expenses - Additional relief

(a)
If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party:
(1)
Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and
(2)
Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated.
(b)
If the court finds that a petition filed under this chapter was frivolous or was filed solely for the purpose of unnecessary delay, and makes specific written findings and conclusions establishing such finding, the court may award to the responding party court costs and reasonable attorney's fees incurred in opposing the petition.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-108 - Effect of chapter

Nothing in this chapter:
(1)
Applies to an enforcement action that is brought in the name of the state or a political subdivision of this state by the attorney general, a district attorney general, or a county or municipal attorney;
(2)
Can result in findings or determinations that are admissible in evidence at any later stage of the underlying legal action or in any subsequent legal action;
(3)
Affects or limits the authority of a court to award sanctions, costs, attorney's fees, or any other relief available under any other statute, court rule, or other authority;
(4)
Affects, limits, or precludes the right of any party to assert any defense, remedy, immunity, or privilege otherwise authorized by law;
(5)
Affects the substantive law governing any asserted claim;
(6)
Creates a private right of action; or
(7)
Creates any cause of action for any government entity, agency, or employee.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-109 - Intent of chapter

This chapter is intended to provide an additional substantive remedy to protect the constitutional rights of parties and to supplement any remedies which are otherwise available to those parties under common law, statutory law, or constitutional law or under the Tennessee Rules of Civil Procedure.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 17 - TENNESSEE PUBLIC PARTICIPATION ACT (§§ 20-17-101 — 20-17-110) › Section 20-17-110 - Severability

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of chapter 185 of the Public Acts of 2019 that can be given effect without the invalid provision or application, and to that end the provisions of chapter 185 of the Public Acts of 2019 are declared to be severable.
Added by 2019 Tenn. Acts, ch. 185,s 1, eff. 7/1/2019.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 18 - THREE-JUDGE PANEL (§§ 20-18-101 — 20-18-105) › Section 20-18-101 - Civil complaints required to be heard and determined by three-judge panel - Notice - Three-judge panel

(a)
A civil action in which the complaint meets each of the following criteria must be heard and determined by a three-judge panel pursuant to this chapter:
(1)
Challenges the constitutionality of:
(A)
A state statute, including a statute that apportions or redistricts state legislative or congressional districts;
(B)
An executive order; or
(C)
An administrative rule or regulation;
(2)
Includes a claim for declaratory judgment or injunctive relief; and
(3)
Is brought against the state, a state department or agency, or a state official acting in their official capacity.
(b)
(1)
When an action described in subsection (a) is filed, the person or entity filing the action shall provide notice of the complaint to the presiding judge of the judicial district, who shall notify the supreme court. The supreme court shall select two (2) trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as a three-judge panel to hear and decide the civil action.
(2)
To ensure that members of the three-judge panel are drawn from different regions of the state, the supreme court shall select one (1) judge from each grand division of the state other than the grand division in which the civil action was originally filed.
(3)
The supreme court shall designate one (1) member of the panel to serve as the chief judge.
(4)
Should any member of the three-judge panel be disqualified or otherwise unable to serve on the panel, the supreme court shall appoint as a replacement another trial court judge from the same grand division as the judge being replaced, who shall serve by interchange, as provided in Rules 10B and 11 of the Tennessee Supreme Court Rules.
(5)
In the event of a disagreement among the three (3) judges comprising the panel, the majority prevails.
(6)
The rules promulgated by the supreme court shall govern the practice and procedure of the three-judge panel including what procedural matters may be decided solely by the chief judge.
(c)
The three-judge panel shall sit in the supreme court building in the grand division in which the civil action was filed, unless a location is otherwise designated by the supreme court.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 18 - THREE-JUDGE PANEL (§§ 20-18-101 — 20-18-105) › Section 20-18-102 - Venue for civil action heard by three-judge panel

Notwithstanding §
4-4-104
and any other law to the contrary, venue for a civil action described in §
20-18-101(a)
is the county where the plaintiff resides, or if more than one (1) plaintiff is a party to the action, a county where any plaintiff resides. If the plaintiff in a civil action described in §
20-18-101(a)
is not a resident of this state, then venue for the civil action is in Sumner County.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 18 - THREE-JUDGE PANEL (§§ 20-18-101 — 20-18-105) › Section 20-18-103 - Effect of chapter

(a)
This chapter does not create a cause of action independent of existing Tennessee or federal law and does not waive the defense of sovereign immunity where that defense applies.
(b)
This chapter does not affect the procedures and remedies provided in title 67, chapter 1, part 18. However, a case filed pursuant to title 67, chapter 1, part 18, that meets the requirements of §
20-18-101(a)
must be heard by a three-judge panel pursuant to this chapter.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 18 - THREE-JUDGE PANEL (§§ 20-18-101 — 20-18-105) › Section 20-18-104 - Jurisdiction of appeal from decisions of three-judge panel - Notice of appeal

Except as provided in §
20-18-105
, the court of appeals shall have jurisdiction of appeals from the decisions of a three-judge panel appointed pursuant to this chapter. Notice of such appeal must be filed with the court of appeals.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 20 - CIVIL PROCEDURE (§§ 20-1-101 — 20-18-105) › Chapter 18 - THREE-JUDGE PANEL (§§ 20-18-101 — 20-18-105) › Section 20-18-105 - Restrictions on substitute plan for plan enacted by general assembly apportioning or redistricting state legislative or congressional districts - Interim districting plan - Appeal

(a)
Pursuant to Article II, Sections 4, 5, and 6 of the Constitution of Tennessee, which vest the power of apportionment with the general assembly, a court, including the supreme court or a three-judge panel, shall not impose a substitute plan for a plan enacted by the general assembly apportioning or redistricting state legislative or congressional districts under this chapter unless the court first gives the general assembly a period of time to remedy any defects identified by the court in the court's findings of fact and conclusions of law. The period of time given must not be less than fifteen (15) calendar days from the issuance of the court's findings of fact and conclusions of law, and in setting the period of time, the court shall consider whether the general assembly is currently in session or out of session.
(b)
If the general assembly does not enact a new plan within the period of time set by the court pursuant to subsection (a), then the court may impose an interim districting plan for use only in the next election cycle, provided the interim districting plan differs from the districting plan enacted by the general assembly only to the extent necessary to remedy any defects identified by the court.
(c)
A party in an action challenging a statute that apportions or redistricts state legislative or congressional districts that is dissatisfied with the final judgment of the three-judge panel may appeal to the supreme court, as a matter of right, within thirty (30) days from the entry of the judgment of the three-judge panel. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure.
Added by 2021 Tenn. Acts, ch. 566, s 1, eff. 7/1/2021.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-101 - Application to all equitable proceedings

This title applies to all equitable proceedings in any other court.
Code 1858, § 2752; Shan., § 4443; Code 1932, § 8569; T.C.A. (orig. ed.), § 21-101.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-102 - Oaths to bills

Bills required to be under oath may be sworn to in the state before any judge, clerk of a court, general sessions judge or notary public, whose attestation shall be deemed evidence of the fact. Bills required to be under oath may be sworn to out of the state, before a notary public, or a commissioner for this state, whose attestation shall be accompanied by the notary public's or commissioner's seal of office, or before a judge of the state, whose official character shall be attested by the clerk of the court in which the judge presides.
Code 1858, §§ 4330, 4331 (deriv. Acts 1801, ch. 6, § 11; 1826, ch. 19, § 1); Shan., §§ 6140, 6141; Code 1932, §§ 10411, 10412; impl. am. Acts 1959, ch. 109, § 16; impl. am. Acts 1961, ch. 329, § 1; impl. am. Acts 1963, ch. 345, § 1; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 21-106.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-103 - Right to trial by jury

Either party to a suit in chancery is entitled, upon application, to a jury to try and determine any material fact in dispute, save in cases involving complicated accounting, as to such accounting and those elsewhere excepted by law or by this code, and all the issues of fact in any proper cases, shall be submitted to one (1) jury.
Acts 1976, ch. 436, § 1; T.C.A., § 21-1011.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-104 - Appointment of referees and commissioners

The chancellors, in vacation as well as in term, have the power to appoint referees or commissioners to take accounts, where the clerk and master is interested or is unable to attend, or in other cases where it is deemed expedient.
Code 1858, § 4414 (deriv. Acts 1835-1836, ch. 4, § 12); Shan., § 6224; Code 1932, § 10493; T.C.A. (orig. ed.), § 21-1104.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-105 - Appointments to serve process

The chancellors may also, in like manner, appoint persons to serve original, mesne or final process, in particular cases, under special application.
Code 1858, § 4415 (deriv. Acts 1835-1836, ch. 4, § 12); Shan., § 6225; Code 1932, § 10494; modified; T.C.A. (orig. ed.), § 21-1105.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-106 - Regulation of master's proceedings

The chancellor may also, in vacation as well as in term, but if in vacation, on reasonable notice to the opposite party, regulate and control all proceedings in the master's office, and, for good cause shown, may set aside, modify or alter any such proceedings, upon such terms as appear equitable.
Code 1858, § 4416 (deriv. Acts 1801, ch. 6, § 41); Shan., § 6226; Code 1932, § 10495; T.C.A. (orig. ed.), § 21-1106.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 1 - GENERAL PROVISIONS (§§ 21-1-101 — 21-1-107) › Section 21-1-107 - Incompetency of chancellor on vacation matters

In all cases in which the chancellor of the division in which any cause is pending is incompetent, the chancellor of any adjoining division has the same power, in vacation, to make all such orders and decrees, issue all such process, and dissolve, restore or modify injunctions, to appoint receivers, and do and perform any other duty that may be performed by the chancellor of the division, as provided by this part, but notice of the application shall be the same as to time and place as is prescribed for taking depositions. The party making the application shall state, by affidavit, that the chancellor is incompetent.
Acts 1870-1871, ch. 31, §§ 1, 2; Shan., §§ 6227, 6228; Code 1932, §§ 10496, 10497; modified; T.C.A. (orig. ed.), § 21-1107.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 2 - PROCESS (§§ 21-1-201 — 21-1-206) › Section 21-1-201 - Copy of bill on demand

The clerk shall issue, upon demand, to any one of the defendants, the defendant's agent or attorney, to whom no copy of the bill appears by the sheriff's return to have been delivered, a certified copy of the bill, to be charged in the bill of costs.
Code 1858, § 4344 (deriv. Acts 1845-1846, ch. 122, § 1); Acts 1877, ch. 45, § 2; Shan., § 6154; Code 1932, § 10425; T.C.A. (orig. ed.), § 21-206.
2023 Tennessee Code › Title 21 - PROCEEDINGS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Chapter 1 - BILLS IN CHANCERY (§§ 21-1-101 — 21-1-811) › Part 2 - PROCESS (§§ 21-1-201 — 21-1-206) › Section 21-1-202 - Names included in process

Attachments, injunctions and all other process issued to any one (1) county shall embrace the names of all the defendants required to be served with the process residing in that county.
Code 1858, § 4345 (deriv. Acts 1845-1846, ch. 122, § 3); Shan., § 6155; Code 1932, § 10426; T.C.A. (orig. ed.), § 21-207.