reglab/statecodes huggingface dataset:
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 21-1-203 - Personal service dispensed with

(a)
Personal service of process on the defendant in a court of chancery is dispensed with in the following cases:
(1)
When the defendant is a nonresident of this state;
(2)
When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found so as to be served with process, and there is just ground to believe that the defendant is gone beyond the limits of the state;
(3)
When the sheriff makes return upon any leading process that the defendant is not to be found;
(4)
When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry;
(5)
When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry;
(6)
When judicial and other attachments will lie, under this code, against the property of the defendant; and
(7)
When a domestic corporation has ceased to do business and has no known officers, directors, trustees or other legal representatives on whom personal service may be had.
(b)
To dispense with process in any of the cases listed in subsection (a), the facts shall be stated under oath in the bill, or by separate affidavit, or appear by the return.
Code, 1858, §§ 4352, 4353 (deriv. Acts 1787, ch. 22, § 1; 1801, ch. 6, § 14; 1833, ch. 15, § 1; 1833, ch. 47, § 3; 1835-1836, ch. 43, § 5; 1855-1856, ch. 164, § 2); Acts 1915, ch. 42; Shan., §§ 6162, 6163; Code 1932, §§ 10431, 10432; T.C.A. (orig. ed.), § 21-212; modified.
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 21-1-204 - Service by publication

(a)
In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made, shall enter upon the rule docket an order requiring the defendant to appear at a certain day named in the order, being a rule day, and defend, or otherwise the bill will be taken for confessed.
(b)
The clerk shall forthwith cause a copy of this order to be published for four (4) consecutive weeks in the newspaper mentioned in the order or designated by the general rules of the court.
(c)
The order for publication in lieu of personal service may be made at any time after the filing of the bill. The order of publication should contain the names of the parties, the style of the court in which the proceedings are had and the name of the place where the court is held, without any brief or abstract of facts, unless directed by the court.
(d)
When the suit is against an unknown defendant, the order of publication should describe the unknown party, as near as may be, by the character in which the unknown party is sued, and by reference to the unknown party's title or interest in the subject matter of the litigation.
(e)
Evidence of the publication in pursuance of the order may be by affidavit of the printer or actual production of the newspaper in court.
Code 1858, §§ 4354-4359 (deriv. Acts 1801, ch. 6, § 4; 1833, ch. 15; 1845-1846, ch. 122, § 7; 1851-1852, ch. 365, § 3; 1853-1854, ch. 55, § 3; 1855-1856, ch. 164, § 2); Shan., §§ 6164-6169; Code 1932, §§ 10433-10438; T.C.A. (orig. ed.), §§ 21-213 -- 21-217; modified.
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 21-1-205 - Actual notice to nonresidents

(a)
Where publication is made for a nonresident defendant, the clerk of the court in which the suit is filed shall mail a copy of the complaint or, after the first publication, mail a copy of the newspaper clipping containing the publication to the nonresident defendant, directed to the nonresident defendant's last known address; and the clerk shall make an entry upon the clerk's docket so showing. The clerk shall mail the copy of the complaint or published notice by return receipt certified or registered mail. The return of the receipt signed by the defendant or the defendant's duly authorized agent, or its return marked refused, evidenced by appropriate notation of that fact by the postal authorities, and filed as a part of the record by the clerk, with notation on the docket of the true facts, shall be evidence of personal notice. In the event the return receipt does not establish that it was signed by the defendant or the defendant's authorized agent or that the notice was refused, then the court may find through independent proof that the defendant had actual notice in compliance with notice requirements. If the court does not find that the defendant had actual notice, it may order new publication on applicable grounds, or order such other and further action to be taken to give the defendant notice.
(b)
In those counties where the divorce referee mails notice of the filing of the divorce and a copy of the complaint to a nonresident defendant by certified or registered mail return receipt requested, it shall not be necessary for the clerk of the court to also mail notice. Notice to the nonresident defendant from the divorce referee shall be sufficient, subject to the requirements of evidence of notice as set forth in subsection (a); provided, that the return receipt is filed as part of the record, with notation on the docket of the true facts. Nothing in this section shall be deemed to have changed or amended requirements of the law as to venue or jurisdiction.
Acts 1923, ch. 13, § 1; Shan. Supp., § 5284a1; mod. Code 1932, §§ 10439, 10440; Acts 1977, ch. 74, § 1; T.C.A. (orig. ed.), § 21-218.
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 21-1-206 - Memorandum book for process

The clerk shall keep a memorandum book in which shall be noted the issuance of every subpoena for witnesses, commissions, with the day of issuance, and any other proceedings of the clerk if not entered on the clerk's records, rule docket, or minutes; and the book shall be open for parties or their attorneys to make such memorandums for the direction of the clerk as may be necessary.
Code 1858, § 4433 (deriv. Acts 1801, ch. 6, § 46); Shan., § 6245; Code 1932, § 10530; T.C.A. (orig. ed.), § 21-219.
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 3 - CONTEMPT ON FAILURE TO APPEAR (§§ 21-1-301 — 21-1-305) › Section 21-1-301 - Procedure on defendant's failure to appear

If the defendant upon whom process has been served fails to appear and defend in the time required by law, the bill may be taken for confessed; or the complainant may proceed by process of contempt to compel an answer.
Code 1858, § 4360 (deriv. Acts 1801, ch. 6, § 15); Shan., § 6170; Code 1932, § 10441; T.C.A. (orig. ed.), § 21-301.
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 3 - CONTEMPT ON FAILURE TO APPEAR (§§ 21-1-301 — 21-1-305) › Section 21-1-302 - Attachments

(a)
The only process of contempt is an attachment, which is issued upon order of the chancellor at the instance of the complainant, upon the return of the subpoena duly served by the proper officer, or affidavit by the officer of such service.
(b)
The attachment may be made returnable to any rule day in term or vacation, and upon its service, bail may be taken for the appearance of the defendant at the time fixed in the attachment.
(c)
If the defendant fails to appear in compliance with the terms of the defendant's bail, a second attachment issues, upon which no bail can be taken, and the penalty of the bail bond may be decreed forfeited and collected by execution.
(d)
After an attachment for contempt, no plea or demurrer shall be received, unless by order of the court upon motion.
Code 1858, §§ 4361-4363, 4365 (deriv. Acts 1801, ch. 6, §§ 9, 10, 19, 21); Shan., §§ 6171-6173, 6175; Code 1932, §§ 10442-10444, 10446; T.C.A. (orig. ed.), §§ 21-302 -- 21-305.
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 3 - CONTEMPT ON FAILURE TO APPEAR (§§ 21-1-301 — 21-1-305) › Section 21-1-303 - Refusal to answer fully

A defendant who appears and refuses to answer fully shall be committed to jail, there to remain until the defendant is purged of the contempt and complies with the requirements of the law by filing a full and complete answer.
Code 1858, § 4364 (deriv. Acts 1801, ch. 6, § 15); Shan., § 6174; Code 1932, § 10445; T.C.A. (orig. ed.), § 21-306.
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 3 - CONTEMPT ON FAILURE TO APPEAR (§§ 21-1-301 — 21-1-305) › Section 21-1-304 - Procedure after commitment

If the defendant is committed for contempt, the complainant may proceed with the action as if the bill had been taken for confessed, the allegations being taken as in all respects true. But, in that case, all further proceedings for the contempt shall cease, and the court, or the judge of the court, may discharge the defendant from custody.
Code 1858, §§ 4366, 4367 (deriv. Acts 1801, ch. 6, §§ 15, 20); Shan., §§ 6176, 6177; Code 1932, §§ 10447, 10448; T.C.A. (orig. ed.), § 21-307.
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 3 - CONTEMPT ON FAILURE TO APPEAR (§§ 21-1-301 — 21-1-305) › Section 21-1-305 - Extension of time to answer

Nothing in this part shall deprive the clerk and master, or the court, of the power of granting to the defendant, upon good cause shown, further time within which to file answer.
Code 1858, § 4368 (deriv. Acts 1801, ch. 6, § 15); Shan., § 6178; Code 1932, § 10449; T.C.A. (orig. ed.), § 21-308.
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 4 - DECREES PRO CONFESSO (§§ 21-1-401 — 21-1-406) › Section 21-1-401 - Original attachment - Effect of decree

Cases in chancery brought by attachment of property under title 29, chapters 6 and 7 are governed, in respect to the effect of the decree pro confesso, by §§
29-6-161
- 29-6-165.
Code 1858, § 4378; Shan., § 6188; Code 1932, § 10459; T.C.A. (orig. ed.), § 21-510.
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 4 - DECREES PRO CONFESSO (§§ 21-1-401 — 21-1-406) › Section 21-1-402 - Time decree becomes absolute without attachment

In all other cases, a decree against a defendant without personal service of process who does not appear to defend is not absolute for three (3) years from the decree, unless a copy of the decree is served upon the defendant, in which case it becomes absolute if the defendant fails to come forward and make defense within six (6) months after service.
Code 1858, § 4379 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6189; Code 1932, § 10460; T.C.A. (orig. ed.), § 21-511.
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 4 - DECREES PRO CONFESSO (§§ 21-1-401 — 21-1-406) › Section 21-1-403 - Death of defendant after decree

The death of the defendant proceeded against without personal service, whether the death occurs before or after the filing of the bill, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of the final decree, to make themselves parties by petition, verified by affidavit, showing merits and contest the complainant's bill.
Code 1858, § 4380 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6190; Code 1932, § 10461; T.C.A. (orig. ed.), § 21-512.
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 4 - DECREES PRO CONFESSO (§§ 21-1-401 — 21-1-406) › Section 21-1-404 - Time defense allowed

The original defendant, or the defendant's heir, representative or assignee claiming under the defendant by virtue of any act done before the commencement of the suit, may, within six (6) months after service of a copy of the decree, or within three (3) years after the decree, be admitted to answer the bill, upon petition showing merits, and giving security for the payment of costs, and witnesses on both sides may be examined, and such other proceedings may be had on the suit as if the cause were then newly begun.
Code 1858, § 4381 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6191; Code 1932, § 10462; T.C.A. (orig. ed.), § 21-513.
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 4 - DECREES PRO CONFESSO (§§ 21-1-401 — 21-1-406) › Section 21-1-405 - Security from complainant on decree

It is no objection to the execution of a decree rendered against a defendant that it was founded on a bill taken for confessed, without personal service; but the court may require the complainant to give sufficient security, in such sum as the court deems proper, to abide by and perform such order touching the restitution of property, or repayment of money, as the court may and should make, upon the defendant subsequently setting aside the decree, and successfully resisting the complainant's suit.
Code 1858, § 4382 (deriv. Acts 1787, ch. 22, § 1; 1801, ch. 6, § 53); Shan., § 6192; mod. Code 1932, § 10463; T.C.A. (orig. ed.), § 21-514.
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 4 - DECREES PRO CONFESSO (§§ 21-1-401 — 21-1-406) › Section 21-1-406 - Effect of execution before setting aside

The decree, if executed before it is set aside under any of the provisions of §§
21-1-401
- 21-1-405, shall be a protection to all persons acting upon its validity, and confer a good title to all property sold under it.
Code 1858, § 4383 (deriv. Acts 1787, ch. 22, § 1); Shan., § 6193; Code 1932, § 10464; T.C.A. (orig. ed.), § 21-515.
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 5 - TRANSFER OF CASES (§§ 21-1-501 — 21-1-502) › Section 21-1-501 - Incompetency of judge

In all cases in equity, if the judge is a party, is directly interested in the suit, is connected by blood or affinity within the prohibited degrees with any person so interested or is incompetent as having been of counsel, the venue may be changed to the nearest chancery court, as the case may be, not liable to the like exception, as of course, at the instance of either party, without costs, unless the term at which the application is made, being a trial term, the cause shall be heard and disposed of by a judge not liable to the like exception, sitting specially or by interchange.
Code 1858, § 2842; Shan., § 4556; mod. Code 1932, § 8689; T.C.A. (orig. ed.), § 21-401.
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 5 - TRANSFER OF CASES (§§ 21-1-501 — 21-1-502) › Section 21-1-502 - Suits related to actions in other courts

The chancery court in which any suit or proceeding is brought in which the complainant seeks relief predicated upon, closely related to or growing out of matters or things theretofore adjudicated by final judgment or decree of the circuit or any other court, whether or not the circuit or other court retained jurisdiction of the cause for the purpose of enforcing or modifying the final judgment or decree, in the sound discretion of the judge or chancellor of the chancery court, either sua sponte, or upon motion of any defendant, may transfer the suit or proceeding to the court in which such matters or things were theretofore finally adjudicated; provided, that the circuit or other court shall have jurisdiction of the suit or proceeding concurrent with the chancery court; and provided further, that it shall be made to appear to the chancery court that the transfer of the suit or proceeding to the circuit or other court will not cause unnecessary hardship or inconvenience to the parties to the suit or proceeding, their counsel or witnesses, or unreasonable delay in the final hearing or disposition of the suit or proceeding.
Acts 1953, ch. 155, § 1 (Williams, § 10604.1); T.C.A. (orig. ed.), § 21-402.
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 6 - ANSWERS (§§ 21-1-601 — 21-1-602) › Section 21-1-601 - Oath to answer

When an answer is required to be sworn to, the oath may be administered as in case of the bill of complainant. The power of the court or clerk and master to appoint a special commissioner to administer the oath, either in this or any other state, is not affected by this section.
Code 1858, §§ 4398, 4399 (deriv. Acts 1801, ch. 6, § 11); Shan., §§ 6208, 6209; mod. Code 1932, §§ 10478, 10479; T.C.A. (orig. ed.), § 21-614.
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 6 - ANSWERS (§§ 21-1-601 — 21-1-602) › Section 21-1-602 - Evidential value of answer in discovery and where oath not waived

A sworn answer in chancery, when required by a bill of discovery or when the oath to the answer is not waived, shall have no more weight or effect in evidence than the deposition of the defendant filing the answer.
Acts 1957, ch. 153, § 1; T.C.A., § 21-628.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-701 - Powers of clerk and master

The clerk and master may, at the clerk and master's office:
(1)
Receive and enter on the rules the suggestion and proof of a party's death, and order and issue the necessary process to revive;
(2)
Make orders for publication against defendants in cases in which publication is allowed in lieu of personal service;
(3)
Take bills for confessed, and set aside the orders pro confesso, upon good cause shown and the filing of a sufficient answer;
(4)
Appoint guardians ad litem for infants, upon its being made to appear, by affidavit, that they have no general guardian;
(5)
Make orders for the taking of depositions, where those orders are necessary; and
(6)
Open causes for proof, on good cause shown, after they have been set for hearing, in the same way the chancellor might do.
Code 1858, § 4420 (deriv. Acts 1787, ch. 22, § 1; 1845-1846, ch. 122, §§ 7-9); Shan., § 6232; mod. Code 1932, § 10515; T.C.A. (orig. ed.), § 21-901.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-702 - Entry of proceedings by clerk and master

Rules, notices, orders and other proceedings in a cause, made with or by the clerk and master, shall be entered by the clerk and master in a well-bound book, to be kept for that purpose, each entry to be made in order and with the correct dates attached.
Code 1858, § 4417 (deriv. Acts 1801, ch. 6, § 12); Shan., § 6229; Code 1932, § 10512; T.C.A. (orig. ed.), § 21-902.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-703 - Time of proceedings

The rules, notices and proceedings described in §
21-7-702
shall be made at the rule days, unless otherwise authorized by this code.
Code 1858, § 4418; Shan., § 6230; Code 1932, § 10513; T.C.A. (orig. ed.), § 21-903.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-704 - Insertion in rule docket

All rules or orders taken at any one (1) court shall be inserted in the rule docket by the first rule day that is more than twenty (20) days after the term.
Code 1858, § 4419 (deriv. Acts 1801, ch. 6, § 12); Shan., § 6231; Code 1932, § 10514; T.C.A. (orig. ed.), § 21-904.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-705 - Rule days

Each day of a regular, special or adjourned term of the court of chancery, and also the first and third Mondays of every month in vacation, is a rule day.
Code 1858, § 4421 (deriv. Acts 1851-1852, ch. 365, § 2); Shan., § 6233; Acts 1921, ch. 163, § 1; Code 1932, § 10516; T.C.A. (orig. ed.), § 21-905.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-706 - Notice of proceedings by clerk

The clerk and master shall give to the opposite party, or the opposite party's solicitor, notice of any rule, order or other proceeding taken at the clerk and master's office, affecting the party.
Code 1858, § 4423; Shan., § 6235; Code 1932, § 10520; T.C.A. (orig. ed.), § 21-906.
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 7 - RULES AND ORDERS OF CLERK AND MASTER (§§ 21-1-701 — 21-1-707) › Section 21-1-707 - Notice of alteration of rules and orders

The clerk and master shall not set aside, modify or alter any rule or order of the chancellor, where that power is given by this code; or any rule or order of the clerk and master's own at office without reasonable notice to the opposite party or the opposite party's solicitor.
Code 1858, § 4424; Shan., § 6236; Code 1932, § 10521; T.C.A. (orig. ed.), § 21-907.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-801 - Sequestration

If the court see proper in the first instance, or if upon issuance of the attachment, the delinquent cannot be found, a writ of sequestration may issue against the estate of the delinquent, to compel obedience to the decree.
Code 1858, § 4487; Shan., § 6304; Code 1932, § 10597; T.C.A. (orig. ed.), § 21-1206.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-802 - Mesne and final process - Common law writs

Courts of chancery are further authorized to issue such process, mesne and final, as has been used in the chancery courts; and all writs for the collection of money, or to obtain the possession of real or personal property, in use in the common law courts, may be adapted to the execution of decrees in the courts of chancery.
Code 1858, § 4488 (deriv. Acts 1787, ch. 22, § 2); Shan., § 6305; Code 1932, § 10598; T.C.A. (orig. ed.), § 21-1207.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-803 - Foreclosure sale

Where, upon the foreclosure of a mortgage or deed of trust, or in any case, the specified land to be sold is mentioned in the decree, the court, upon the application of the complainant, may order that:
(1)
The property be sold on a credit of not less than six (6) months nor more than two (2) years;
(2)
When the sale is made, reported and confirmed, no right of redemption or repurchase shall exist in the debtor or the debtor's creditors, but that the purchaser's title shall be absolute; and
(3)
The surplus of the purchase money, or the bonds or notes taken for the purchase money, over and above what is necessary to pay the complainant's debt, be paid to the debtor or the debtor's other creditors entitled to the payment.
Code 1858, § 4489 (deriv. Acts 1832, ch. 36, § 2; 1833, ch. 47, § 2; 1837-1838, ch. 166, § 2); Shan., § 6306; Code 1932, § 10599; T.C.A. (orig. ed.), § 21-1208.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-804 - Enforcement of orders and decrees

Courts of chancery may enforce rules, orders or decrees by process against the person in default, or by process against the person in default's property.
Code 1858, § 4478 (deriv. Acts 1801, ch. 6, § 23); Shan., § 6295; Code 1932, § 10588; T.C.A. (orig. ed.), § 21-1209.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-805 - Issuance of attachment

An attachment issues by order of the court upon the officer's return or affidavit of the service of a copy of the decree ten (10) days beforehand, and that the party has failed or refused to comply with the terms of the order.
Code 1858, § 4479 (deriv. Acts 1801, ch. 6, § 22); Shan., § 6296; Code 1932, § 10589; T.C.A. (orig. ed.), § 21-1210.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-806 - Attachment without service of decree

If the defendant in execution keeps out of the way or absconds, so that a copy of the decree cannot be served upon the defendant, or if the defendant evades receiving the decree, an affidavit of that fact, and that a copy of the decree was tendered the defendant, or left at the defendant's last place of abode, shall authorize the issuance of the attachment without actual service of the copy.
Code 1858, § 4480 (deriv. Acts 1801, ch. 6, § 22); Shan., § 6297; Code 1932, § 10590; T.C.A. (orig. ed.), § 21-1211.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-807 - Commitment for nonperformance of decree

In attachments for the nonperformance of decrees, no bail is to be taken, but the party shall be committed to jail, there to remain until the party performs the decree.
Code 1858, § 4481 (deriv. Acts 1801, ch. 6, § 23); Shan., § 6298; Code 1932, § 10591; T.C.A. (orig. ed.), § 21-1212.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-808 - Habeas corpus on purge of contempt

The court, or a judge of the court in vacation, may, in such case, grant a habeas corpus, and discharge the party, if the party purges the contempt, upon such conditions in respect to the party's compliance with the decree as the judge thinks proper.
Code 1858, § 4482 (deriv. Acts 1801, ch. 6, § 23); Shan., § 6299; Code 1932, § 10592; T.C.A. (orig. ed.), § 21-1213.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-809 - Hearing on habeas corpus

The adverse party, the adverse party's agent or attorney is entitled to reasonable notice of the hearing upon the writ of habeas corpus granted pursuant to §
21-1-808
, if in the state, and may interrogate the party in contempt upon the party in contempt's oath, and controvert the truth of the party in contempt's statements by other proof.
Code 1858, § 4483 (deriv. Acts 1801, ch. 6, § 23); Shan., § 6300; Code 1932, § 10593; T.C.A. (orig. ed.), § 21-1214.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-810 - Reinstatement of remanded cases

In all cases remanded by the supreme court or court of appeals to any court for the execution of an order of reference, order of sale or for other proceedings directed in the decree of the appellate court or in the decree of the lower courts as affirmed or modified by the appellate court, the cases shall be deemed reinstated in the lower court from the time of filing with the clerk and master or clerk of the court a certified copy of the decree or mandate of the appellate court; and thereafter such cases may be proceeded in, in accordance with the decree of the appellate court, without any action of the lower court on the case. It shall not be necessary for the decree or mandate of the appellate court to be spread of record, in the lower court, by direction of the lower court, before the clerk and master, clerk of the court, or the parties may proceed in such case in accordance with the decree or mandate of the appellate court.
Acts 1901, ch. 10, § 1; Shan., § 6245a1; mod. Code 1932, § 10531; T.C.A. (orig. ed.), § 21-1217.
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 8 - DECREES AND EXECUTION (§§ 21-1-801 — 21-1-811) › Section 21-1-811 - Notice of appellate decree

Upon the receipt of any certified copy of decree, or mandate of any appellate court, the clerk and master or clerk of the lower court, shall file the decree or mandate, copy it upon the rule docket or minute book, if the court so directs, and notify the attorney of record in the case of the filing of the decree or mandate. The clerk and master or clerk of the lower court shall receive the same compensation for these services as now allowed by law for similar services; provided, that it shall not be necessary for the clerk of the lower court to send the notice if a procedure has been established whereby the clerk of the appellate court is required to send notice.
Acts 1901, ch. 10, § 2; Shan., § 6245a2; Code 1932, § 10532; T.C.A. (orig. ed.), § 21-1218; Acts 1983, ch. 332, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 1 - QUALIFICATIONS AND EXEMPTIONS (§§ 22-1-101 — 22-1-106) › Section 22-1-101 - Obligation to serve - Qualifications

It is policy of this state that all qualified citizens have an obligation to serve on petit juries or grand juries when summoned by the courts of this state, unless excused. Every person eighteen (18) years of age, being a citizen of the United States, and a resident of this state, and of the county in which the person may be summoned for jury service for a period of twelve (12) months next preceding the date of the summons, is legally qualified to act as a grand or petit juror, if not otherwise incompetent under the express provisions of this title.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 1 - QUALIFICATIONS AND EXEMPTIONS (§§ 22-1-101 — 22-1-106) › Section 22-1-102 - Incompetent persons

The following persons are incompetent to act as jurors:
(1)
Persons convicted of a felony or any other infamous offense in a court of competent jurisdiction; or
(2)
Persons convicted of perjury or subornation of perjury.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 1 - QUALIFICATIONS AND EXEMPTIONS (§§ 22-1-101 — 22-1-106) › Section 22-1-104 - Disqualification by interest or relationship

No person may act as a juror in any case in which the person is interested, or in which either of the parties is connected with the person by affinity or consanguinity, within the sixth degree, as computed by the civil law, except by consent of all parties.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 1 - QUALIFICATIONS AND EXEMPTIONS (§§ 22-1-101 — 22-1-106) › Section 22-1-105 - Discharge of unqualified jurors - Reasonable or proper cause

A court may discharge from service a grand or petit juror who does not possess the requisite qualifications, or who is disqualified from such service, or for any other reasonable or proper cause, to be judged by the court. That a state of mind exists on the juror's part that will prevent the juror from acting impartially shall constitute such cause.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 1 - QUALIFICATIONS AND EXEMPTIONS (§§ 22-1-101 — 22-1-106) › Section 22-1-106 - Exemption from process

Service of process on any juror while that juror is attending or traveling to or from the court to which the juror is summoned is voidable and subject to challenge.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 1 - GENERAL PROVISIONS (§§ 22-2-101 — 22-2-102) › Section 22-2-101 - Application of chapter

(a)
This chapter applies to all grand and petit juries in all circuit and criminal courts of this state. This chapter also applies to any law court in any of the counties.
(b)
Except as provided in §
22-4-101
, every private act enacted in this state touching in any way upon the subject of juries, jurors or jury commissioners is repealed in its entirety.
(c)
The jury selection methods in the chancery courts of this state shall not be affected in any way by this chapter, except as provided in §
22-2-312
.
Acts 2008 , ch. 1159, § 1; 2011 , ch. 209, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 1 - GENERAL PROVISIONS (§§ 22-2-101 — 22-2-102) › Section 22-2-102 - Unlawful acts - Penalties

(a)
It is contempt of court punishable by the court wherein such violation may be under investigation, upon its own motion or upon the petition or motion of the attorney general and reporter, for any person to alter any automated jury database or jury list, to open any jury box except as provided in this chapter, to destroy, deface, or remove without authority such automated jury database, jury list, jury box or the tickets or cards in the jury box, or jury book or any portion of the jury book, to assist in or connive any such acts, or for any custodian of an automated juror database, jury box or jury list to knowingly permit any such acts to be done.
(b)
It is a Class A misdemeanor punishable by fine only for any person to request or to have another request that the person's name be placed in the jury database, upon the jury list or in the jury box for the purpose of violating this title.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 2 - JURY COORDINATOR (§ 22-2-201) › Section 22-2-201 - Determination of jury coordinator - Oath - Illness or absence of coordinator - Compensation

(a)
(1)
The clerk of the circuit court of the county shall be the jury coordinator unless the judge or judges who hold circuit or criminal court in such county appoint someone other than the clerk to serve as the jury coordinator. The jury coordinator, whether it be the clerk or a person appointed by the judges, shall perform all the duties required of the jury coordinator by this title. However, the judges may, in their discretion, distribute the jury coordinator's duties between the circuit court clerk and an appointed jury coordinator.
(2)
Before entering upon the duties as jury coordinator, the clerk of the circuit court, or the person filling any separate jury coordinator position, shall take and subscribe, before an officer authorized to administer oaths, the following oath:
"I, ____________________, do solemnly swear or affirm that I will faithfully and impartially discharge the duties imposed upon me as jury coordinator for ______________ County to the best of my knowledge and ability; that I will never place the name of any person on the jury list or in the jury box whom I know to be unqualified to serve as a juror, or who has to my knowledge solicited or had others to solicit that the person's own name be placed on the jury list or in the jury box, so help me God."
(3)
If the circuit court clerk serving as jury coordinator becomes ill or is absent for any cause when the jury coordinator's services are required, the clerk's deputy may take the oath prescribed for the jury coordinator and thereafter perform the jury coordinator duties in the clerk's absence. If the jury coordinator is a person other than the circuit court clerk, the circuit court clerk may serve as jury coordinator in the jury coordinator's absence after taking the required oath.
(b)
If the judges appoint a person other than the circuit court clerk to serve as jury coordinator, compensation for the jury coordinator shall be set by the legislative body of the county or the legislative body of the metropolitan government of any county having a metropolitan form of government.
Acts 2008 , ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-301 - Automated selection of names for jury list

(a)
The jury coordinator in each county shall select names of prospective jurors to serve in the courts of that county by random automated means, without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person. The names, which shall constitute the jury list, shall be compiled from licensed driver records or lists, tax records or other available and reliable sources that are so tabulated and arranged that names can be selected by automated means. The jury coordinator may utilize a single source or any combination of sources. The jury coordinator is prohibited from using the permanent voter registration records as a source to compile the jury list.
(b)
The jury coordinator shall repeat this procedure as often as reasonably necessary, but in no event may a list be retained for more than two (2) years. Prior to repeating this procedure and compiling a new jury list, no person may add to or take from the existing list, except as provided in this part.
(c)
Notwithstanding the provisions of title 2, chapter 2, part 1 to the contrary, any voter registration form created on or after January 1, 2009, by the state coordinator of elections shall clearly state on the registration form the following: "Names of persons selected for jury service in state court are not chosen from permanent voter registration records."
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-303 - Counties having courts in two places - Separate records

In those counties of the state where the circuit or criminal courts, or both, sit in two (2) places, the jury coordinators for those counties shall be required to select jurors from the territorial jurisdiction of each of the two (2) courts and will maintain two (2) sets of records, one (1) for each of the courts as is provided in this part, the same as if both courts were in separate counties.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-304 - Automated selection of names for jury pool

(a)
In any county in this state where the names of prospective jurors are obtained by automated means pursuant to §
22-2-301
, the selection of names of prospective jurors to be summoned shall likewise be made by automated means in such a manner as to assure proportionate distribution of names selected without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person. It is the duty of the presiding judge of the judicial district to notify the jury coordinator of the number of names to be selected from the jury list, and these names shall constitute the jury pool.
(b)
When the required number of names have been selected for the jury pool, the jury coordinator shall place a list of those names in an envelope, and with the list shall be enclosed a report prepared and signed by the jury coordinator. A copy of the list and report shall be retained by the jury coordinator for use under this chapter, and the report shall provide substantially as follows:
To the Honorable ____________________, Presiding Judge of the ______________ Judicial District, at ______________ County:
I, ____________________, the jury coordinator for such county, report that the enclosed names, which have been drawn according to law, constitute the jury pool for the upcoming jury service term:
This the ____________________ day of ______________, ____________________.
______________ Jury Coordinator
Acts 2008 , ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-306 - Juror Summons - Contents

(a)
Each juror summons shall include the following:
(1)
Name of the juror;
(2)
Address of the juror;
(3)
Date, time and place juror is required to appear in response to the summons or, in the alternative, date and method by which the juror is required to contact the jury coordinator or otherwise respond to the court regarding the juror's service;
(4)
Penalty for juror's failure to appear or otherwise respond to the summons in the prescribed manner;
(5)
Juror qualifications listed in §§
22-1-101
and
22-1-102
;
(6)
Process by which the juror may request to be excused due to age or a hardship pursuant to §
22-1-103
, including the juror's obligation to submit documentation or a declaration in support of the juror's request and the availability of declaration forms; and
(7)
Process by which the juror may request a postponement of jury service pursuant to §
22-2-315
.
(b)
The administrative office of the courts shall prepare a form juror summons that may be used by the jury coordinator in any county.
Amended by 2021 Tenn. Acts, ch. 544, s 2, eff. 7/1/2021.
Acts 2008 , ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-307 - Summoning jurors

(a)
The sheriff shall summon jurors by first class mail sent to the regular address of each member of the jury pool, giving notice of such person's selection for jury duty. The summons shall be mailed to the regular address at least ten (10) days prior to the date fixed for such person's appearance for jury service.
(b)
Notwithstanding subsection (a), the sheriff may summon jurors by personal service.
(c)
The jury coordinator shall provide sufficient information regarding the members of the jury pool to enable the sheriff to summon the jurors pursuant to this section.
(d)
Notwithstanding subsections (a)-(c), the jury coordinator may, at the coordinator's discretion, summon the jurors by first class mail without the assistance of the sheriff.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-308 - Publication of jury list - Copies

Immediately after the jury pool has been summoned in accordance with §
22-2-307
, the jury coordinator shall create a list of the members of the jury pool, and a copy of the list of the members of the jury pool shall be posted in the clerk's office for public inspection. In addition, the jury coordinator shall cause to be made a sufficient number of copies of the list of the members of the jury pool, which shall be placed in the clerk's office and available for general distribution to the members of the bar and to all other interested persons.
Acts 2008, ch. 1159, § 1.
2023 Tennessee Code › Title 22 - JURIES AND JURORS (§§ 22-1-101 — 22-4-107) › Chapter 2 - SELECTION AND ATTENDANCE OF JURORS (§§ 22-2-101 — 22-2-317) › Part 3 - JURY SELECTION AND ATTENDANCE (§§ 22-2-301 — 22-2-317) › Section 22-2-309 - Attendance of jurors - Excuse upon showing of sufficient cause

(a)
All persons summoned as members of the jury pool shall attend at the time and place designated in the summons, or otherwise respond as specified in the summons, unless excused pursuant to §
22-1-103
, granted a postponement pursuant to §
22-2-315
, or otherwise discharged in a manner authorized by this title or other binding legal authority.
(b)
If a person who has been summoned but not excused or discharged pursuant to subsection (a) fails to appear for service or otherwise respond as directed, a show cause order shall issue and be served upon the person, requiring the person to appear at a date certain and show cause why the person should not be held in civil contempt of court for the person's failure to appear.
(c)
Upon the appearance of any person served with a show cause order, the person may make the person's excuse known. If the person was summoned and if the excuse is sufficient in the opinion of a judge of the court for which the individual was called to jury service, the person shall be excused; but the person shall pay the cost incident to issuance and service of the show cause order, unless waived by the judge. If the excuse is insufficient, the person shall be adjudged in civil contempt of court and shall be assessed a civil penalty of not more than five hundred dollars ($500) and the costs of the show cause order. The court shall suspend payment of that portion of the civil penalty in excess of fifty dollars ($50.00) upon the condition that the person complete the jury service term for which the person was summoned. The civil penalty authorized by this subsection (c) is remedial in nature.
Acts 2008, ch. 1159, § 1.