reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-727 - Correction of judgment - Mistakes, inadvertence, excusable neglect and fraud

(a)
Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes.
(b)
Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02.
Acts 1859-1860, ch. 109; Shan., § 4600; mod. Code 1932, § 8724; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-423; Acts 1993, ch. 241, § 44; T.C.A., § 19-1-116; Acts 2004, ch. 875, § 1; 2007, ch. 443, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-728 - Proceedings presumed valid

Every intendment is in favor of the sufficiency and validity of proceedings before general sessions courts, when brought in question, either directly or collaterally, in any of the courts, where it appears on the face of the proceedings that the general sessions court had jurisdiction of the subject matter and of the parties.
Code 1858, § 4176 (deriv. Acts 1851-1852, ch. 100, § 1); Shan., § 5988; Code 1932, § 10189; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-424; Acts 1993, ch. 241, § 45; T.C.A., § 19-1-117.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-729 - Trial de novo on appeal - Decision on merits

No civil case, originating in a general sessions court and carried to a higher court, shall be dismissed by such court for any informality whatever, but shall be tried on its merits; and the court shall allow all amendments in the form of action, the parties thereto, or the statement of the cause of action, necessary to reach the merits, upon such terms as may be deemed just and proper. The trial shall be de novo, including damages.
Code 1858, § 4177 (deriv. Acts 1851-1852, ch. 100, § 2); Shan., § 5989; mod. Code 1932, § 10190; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-425; Acts 1993, ch. 241, § 46; T.C.A., § 19-1-118; Acts 1995, ch. 418, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-730 - Presumption of regularity of execution

If the judgment is rendered by one general sessions judge, and execution is issued by another, and in all other cases where steps appear to be taken by one judge instead of another, the presumption, in the absence of proof to the contrary, is that the execution was issued and steps taken regularly.
Code 1858, § 4138; Shan., § 5950; Code 1932, § 10151; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-435; Acts 1993, ch. 241, § 48; T.C.A., § 19-1-120.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-731 - Actions in the nature of interpleader

(a)
Notwithstanding any rule of court or any law to the contrary, actions in the nature of interpleader, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the general sessions court, may be filed in general sessions court under this part. Any such action involving money in the custody or possession of a person acting in the capacity of a real estate broker may be filed on forms prescribed by the Tennessee real estate commission pursuant to its authority under §
62-13-203
.
(b)
The failure of a competing claimant to recover in an interpleader action shall not be considered as a judgment against the competing claimant, and shall not be used to impair the credit of the claimant.
Acts 1987, ch. 331, § 1; 1988, ch. 523, § 1; 1991, ch. 338, §§ 1, 2; 1993, ch. 241, § 49; T.C.A., § 19-1-121.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-732 - Removal of actions - Exceptions

(a)
At any time at least three (3) or more business days prior to the scheduled trial date of a civil action commenced in general sessions court, any defendant in the action may apply to have the action and all the papers of the action removed to a court having jurisdiction of appeals from courts of general sessions. A case properly removed pursuant to this section shall be tried by the appellate court in the same manner as appeals from general sessions court civil actions are currently tried, except there shall be no default or other judgment entered at the general sessions level, and except that a case removed pursuant to this section shall not be subject to any monetary jurisdictional limit that would have applied in the general sessions court if the case had not been removed.
(b)
Any defendant seeking to remove an action pursuant to subsection (a) shall file with the application an affidavit stating that the defendant has a substantial defense to the action and/or that the defendant's defense will be of such a complex or expensive nature that the interests of justice require that the defendant not be required to present the defense at the general sessions level. The affidavit shall state the grounds of the defense and why the affiant believes it to be sufficiently substantial, complex or expensive to merit the removal of the case. The affidavit and application shall also be accompanied by a cost bond sufficient to defray all costs that have accrued prior to the time application for removal is made.
(c)
(1)
If the general sessions judge finds that a defendant's defense is substantial, complex or expensive to present, and that the defendant has posted a sufficient cost bond, the judge shall order the action removed to the court that would have jurisdiction of an appeal if the action had been tried in general sessions court. The judge shall direct the clerk to promptly transmit the papers in the action to the clerk of the court to which the action is removed.
(2)
If the judge finds the defense will not be substantial, complex or expensive or that the cost bond is not sufficient, the judge shall deny the application and proceed to try the action.
(d)
If an action is removed pursuant to this section, in no event shall an objection to venue be considered by the circuit court, unless raised by a defendant in the defendant's affidavit in support of removal filed in the general sessions court.
(e)
This section does not apply in any county having a population of not less than seven hundred seventy thousand (770,000) nor more than seven hundred eighty thousand (780,000), according to the federal census of 1980 or any subsequent federal census.
Acts 1988, ch. 732, §§ 1, 2; 1993, ch. 241, § 50; T.C.A., § 19-1-122; Acts 1994, ch. 690, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-733 - Motions against officers

(a)
Sheriffs, coroners, constables, and their sureties are liable to judgment by motion for the amount to which the plaintiff is entitled, with interest, and damages at the rate of twelve and one-half percent (12.5%) in the following cases:
(1)
In the general sessions court of the county where such officer, by virtue of the officer's position, collects or receives money upon any debt or demand, under a magistrate's jurisdiction, put into the officer's hands for collection, and fails to pay it over to the person entitled, whether the officer collected or received the money before or after the issuance of a warrant, or before or after the rendition of judgment;
(2)
In the general sessions court having legal custody of the papers, where an execution from a general sessions court having come to the officer's hands, the officer fails to return it within thirty (30) days after its issuance, or where, having collected money on execution issued by a general sessions court, the officer fails or refuses to pay it; and
(3)
In the general sessions court of the county on motion by any general sessions judge or witness, for failing to pay over costs on execution, collected and due the officer, or failing to return execution issued for the cost; and any number of cases in favor of one (1) general sessions judge or witness may be joined in one (1) motion.
(b)
The inability of the officer to make due return of an execution under subsection (a) on account of sickness, high water or engagement in executing any precept on behalf of the state shall be sufficient excuse to discharge the officer from the penalties prescribed.
(c)
The officer, if to be found in the county, shall have five (5) days' notice, in writing, of the time and place of motion.
(d)
Before the plaintiff is entitled to judgment against the sureties, the plaintiff shall produce to the court a certified copy of the official bond of the officer.
Code 1858, §§ 4167-4170 (deriv. Acts 1835-1836, ch. 17, §§ 4, 5; Acts 1835-1836, ch. 19, § 6; Acts 1841-1842, ch. 37); Shan., §§ 5979-5982; Code 1932, §§ 10180-10183; modified; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 19-501 -- 19-504; Acts 1993, ch. 241, § 51; T.C.A., § 19-2-101.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-734 - Motion by surety or stayor

When any surety or stayor is compelled to pay a general sessions court's judgment against a principal debtor for which the surety or stayor is liable, the surety or stayor may, by motion, before the general sessions court having legal custody of the judgment, recover judgment against the principal debtor for the judgment with interest and costs, or against a cosurety or stayor, for the ratable part thereof, which judgment is not liable to be stayed, except by consent of the surety or stayor in writing.
Code 1858, § 4171 (deriv. Acts 1849-1850, ch. 38, § 3); Shan., § 5983; mod. Code 1932, § 10184; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-505; Acts 1993, ch. 241, § 52; T.C.A., § 19-2-102.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 7 - MISCELLANEOUS PROVISIONS (§§ 16-15-701 — 16-15-735) › Section 16-15-735 - Notice to plaintiff of possible additional defendants

(a)
In cases or controversies arising in a court of general sessions, if a defendant feels that the defendant is either not at fault or that another person is also at fault, the defendant is to notify the opposing party or parties and the clerk of the court in writing forty-eight (48) hours prior to the scheduled date of the hearing of the names, if known, of the other person or persons at fault. If the defendant fails to so notify, the plaintiff shall be entitled to a continuance.
(b)
After receiving notice that additional defendants may exist, the clerk of the court shall notify the plaintiff of this fact. The clerk shall automatically continue the hearing for thirty (30) days following notification to the plaintiff that additional defendants exist so the plaintiff can issue service and amend the warrant to include any new defendants.
Acts 1997, ch. 522, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 8 - GENERAL PROVISIONS (§§ 16-15-801 — 16-15-807) › Section 16-15-801 - General sessions courts empowered to issue execution

The general sessions court that renders a judgment may issue execution on the judgment.
Code 1858, § 3070 (deriv. Acts 1835-1836, ch. 17, §§ 14, 16); Shan., § 4797; Code 1932, § 8928; impl. am. Acts 1979, ch. 68, §§ 2, 3; modified; T.C.A. (orig. ed.), § 19-601; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-101.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 8 - GENERAL PROVISIONS (§§ 16-15-801 — 16-15-807) › Section 16-15-802 - Compromise after appeal

Where an appeal has been prayed and obtained from a judgment of a general sessions court, if the plaintiff and defendant compromise the case before the papers have been returned to the court to which the appeal was taken, and file with the general sessions court a written notice of the fact, signed by both parties, the general sessions court shall issue execution on the judgment, as if no appeal had been taken.
Code 1858, § 3072 (deriv. Acts 1829, ch. 33, § 5); Shan., § 4799; Code 1932, § 8930; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-603; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-102.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 8 - GENERAL PROVISIONS (§§ 16-15-801 — 16-15-807) › Section 16-15-803 - Issuance after destruction of records

When the docket book and original papers belonging to the general sessions court are destroyed, and the judge makes oath to that effect, it shall be lawful for the judge, or the judge's successor in office, upon the plaintiff, the plaintiff's agent, attorney, or returning officer filing with the judge an affidavit setting forth the name of the plaintiff or plaintiffs, defendant or defendants, the date and amount of judgment as near as may be, and that the judgment has not been paid, to issue execution as though the original papers and docket book had not been destroyed; and it shall be as good and valid, and have the same force and effect, as other executions issued by general sessions courts.
Acts 1859-1860, ch. 54, § 1; Shan., § 4800; Code 1932, § 8931; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-604; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-103.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 8 - GENERAL PROVISIONS (§§ 16-15-801 — 16-15-807) › Section 16-15-805 - Execution on personal property

(a)
The officer levying an execution issued by a general sessions court on personalty shall advertise the sale of the personalty for ten (10) days at one (1) public place in the district in which the defendant resides, at the courthouse door of the county and at two (2) public places in the district where the sale is made, subject to §
26-5-101
.
(b)
Where there is not sufficient time between the levy and return day of an execution from a general sessions court's judgment to sell, or where, for any reason, the sale cannot be had before the return, the lien given by the levy shall continue, and the general sessions court, or other proper officer, shall issue an order of sale on the execution levied and returned.
Code 1858, §§ 3079, 3084 (deriv. Acts 1829, ch. 90, § 1; Acts 1835-1836, ch. 17, § 4); Shan., §§ 4807, 4812; mod. Code 1932, §§ 8938, 8945; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), §§ 19-613, 19-614; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-105.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 8 - GENERAL PROVISIONS (§§ 16-15-801 — 16-15-807) › Section 16-15-806 - Executions enforceable in all counties

Except with regard to executions on real property that are governed by §§
16-15-804
and
16-15-805
, after the time for filing appeal has expired, the procedure for executions and proceedings supplementary to and in aid of judgments of courts of general sessions, including, but not limited to, garnishments, shall be enforceable in every county in this state in the same manner as a judgment of a court of record.
Code 1858, §§ 3073-3075 (deriv. Acts 1805, ch. 66, §§ 4, 6; Acts 1851-1852, ch. 181, § 3); Shan., §§ 4801-4803; Code 1932, §§ 8932-8934; Acts 1970, ch. 453, § 1; T.C.A. (orig. ed.), §§ 19-615 -- 19-617; Acts 1989, ch. 404, § 4; 1993, ch. 241, § 53; T.C.A., § 19-3-106.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 8 - GENERAL PROVISIONS (§§ 16-15-801 — 16-15-807) › Section 16-15-807 - Priority of time

When an execution issued from the judgment of a court of record, and an execution from a general sessions court's judgment, are levied on the same personal property, the execution first levied shall have preference.
Code 1858, § 3078 (deriv. Acts 1845-1846, ch. 72); Shan., § 4806; Code 1932, § 8937; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-618; Acts 1993, ch. 241, § 53; T.C.A., § 19-3-107.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 9 - SERVICE OF PROCESS (§§ 16-15-901 — 16-15-905) › Section 16-15-901 - Issuance and service of civil warrants, writs and other papers

(a)
Upon filing of civil warrants, writs and other papers, the clerk of the general sessions court in which the civil warrants, writs or other papers are filed, shall issue the required process, writs or other papers, and cause it or them, with necessary copies of the civil warrant, writ or papers, to be delivered for service to the person authorized to serve process as may be designated by the party filing the civil warrant, writ or other papers or the party's attorney if represented by counsel. The authorized person shall serve the civil warrant, writ or other papers, and the return endorsed on the warrant, writ or other papers shall be proof of the time and manner of service. A civil warrant, writ or other papers may be issued for service in any county, against any defendant or additional defendants.
(b)
A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age. Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit. If service of process is made by a private process server, the process server must be identified by name and a mailing or physical address on the service return or in a supplemental affidavit. Failure of the process server to include this information does not render the service invalid if the service is otherwise valid, but the court may require a private process server to provide the private process server's mailing or physical address to the party on whom process was served.
(c)
Nothing in this section shall affect existing laws with respect to venue.
Amended by 2019 Tenn. Acts, ch. 196,s 1, eff. 1/1/2020.
Acts 2002, ch. 794, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 9 - SERVICE OF PROCESS (§§ 16-15-901 — 16-15-905) › Section 16-15-902 - Return

(a)
Any person serving the process from the general sessions court shall promptly and within the time during which the person is served must respond, make proof of service to the court and shall identify the person served and shall describe the manner of service.
(b)
Process shall be served within sixty (60) days of issuance.
(c)
When process is served by mail, the original warrant, writ or other papers shall be endorsed by manner of service. In addition, an affidavit of the person making service setting forth the personal compliance of this section and the return receipt shall be sent to and filed with the clerk of the court. The person making service in this manner shall endorse over the signature on the original warrant, writ or other papers the date of mailing a certified copy of the warrant, writ or other papers to the defendant and the date of receipt of return receipt from the defendant. If the return receipt is signed by the defendant or any person designated by this section or by statute, service on the defendant is complete. If not, service by mail may be attempted or any other methods authorized by this section or by statute may be used.
Acts 2002, ch. 794, § 2; 2008, ch. 608, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 9 - SERVICE OF PROCESS (§§ 16-15-901 — 16-15-905) › Section 16-15-904 - Service upon defendants outside of state

(a)
(1)
Whenever the law of this state authorizes service outside this state, service, when reasonably calculated to give notice, may be made:
(A)
By any form of service authorized within this state pursuant to this part;
(B)
In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and
(C)
As directed by the court.
(2)
This section is inapplicable when service is effected in a place not within any judicial district of the United States.
(b)
Service of process pursuant to this section shall include a copy of the warrant, writ or other papers.
(c)
Service by mail upon a corporation shall be addressed to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation.
(d)
Service by mail upon a partnership or unincorporated association, included a limited liability company, that is named defendant upon a common name shall be addressed to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association.
(e)
When service of a warrant, writ, or other papers is provided for or permitted by registered or certified mail under the laws of this state, and the addressee, or the addressee's agent, refuses to accept delivery, and it is so stated in the return receipt of the United States postal service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the warrant, writ, or other papers. Service by mail is complete upon mailing. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains either:
(1)
A return receipt showing personal acceptance by the defendant or by persons designated by statute; or
(2)
A return receipt stating that the addressee or the addressee's agent refused to accept delivery, which is deemed to be personal acceptance by the defendant pursuant to this subsection (e).
Amended by 2018 Tenn. Acts, ch. 806,s 2, eff. 7/1/2018.
Acts 2002, ch. 794, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 9 - SERVICE OF PROCESS (§§ 16-15-901 — 16-15-905) › Section 16-15-905 - Constructive service

In cases where constructive service of process is permissible under the statutes of this state, constructive service shall be made in the manner prescribed by those statutes, unless otherwise expressly provided in this part.
Acts 2002, ch. 794, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5002 - Time judge must devote to office - Practice of law or other employment

(a)
All general sessions judges in Class 1, 2 or 3 counties shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.
(b)
General sessions judges in Class 4 through Class 8 counties shall be considered part-time judges and shall not be prohibited from the practice of law or other gainful employment while serving as judge except to the extent the practice or employment constitutes a conflict of interest.
(c)
Notwithstanding this section to the contrary, a judge of the general sessions court in any county with a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand four hundred (18,400), according to the 2010 federal census or any subsequent federal census, upon adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body, shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.
(d)
Notwithstanding this section to the contrary, a judge of the general sessions court in any county with a population of not less than twenty-one thousand eight hundred (21,800) nor more than twenty-one thousand nine hundred (21,900), according to the 2020 federal census or any subsequent federal census, shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.
Amended by 2024 Tenn. Acts, ch. 775,s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 254, s 1, eff. 4/28/2021.
Amended by 2018 Tenn. Acts, ch. 921, s 2, eff. 5/1/2018.
Acts 1988, ch. 698, § 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5005 - Judges to be licensed - Vacancies

(a)
(1)
Notwithstanding any other law to the contrary, all persons occupying the office of general sessions judge shall be licensed to practice law in this state.
(2)
Any person serving in the office of general sessions judge on August 1, 1990, who is not a licensed attorney may seek reelection to the position and serve as a general sessions judge as long as the person is continuously reelected.
(3)
If a vacancy occurs in the office of a nonattorney general sessions judge elected pursuant to this section, the vacancy shall be filled by a person licensed to practice law and the qualifications set out in subdivision (a)(1) shall thereafter apply to that position.
(b)
(1)
Notwithstanding this section, if a vacancy occurs in the office of general sessions judge and no licensed attorney appears at the meeting when the vacancy is being filled by the county legislative body and offers to become a candidate for the office, the vacancy may be filled by a person not licensed to practice law.
(2)
If no licensed attorney qualifies for an election being held to fill the office of general sessions judge, or the only attorney candidate legally withdraws, the county election commission shall extend the qualification deadline for a period of ten (10) days, during which period persons not licensed to practice law may qualify to seek the office of general sessions judge.
(3)
Subdivision (b)(2) shall not apply in counties having a population of not less than fifty-one thousand twenty-five (51,025) nor more than fifty-one thousand one hundred twenty-five (51,125), according to the 1980 federal census or any subsequent federal census.
Acts 1988, ch. 698, § 5; 1990, ch. 637, §§ 3, 4; 1990, ch. 862, § 1; 1990, ch. 1017, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5006 - Financial responsibility of counties - Litigation tax for counties

(a)
Each county shall be responsible for paying the base salary, any supplements and any annual adjustments for all of the general sessions judges in the county. Counties are authorized to impose a local litigation tax on each civil case filed in general sessions court, or in a court where the general sessions judge serves as judge, except juvenile court, and are authorized to impose a local litigation tax on each criminal conviction in general sessions court. In order for the tax to be effective, it must be approved by a two-thirds (2/3) vote of the county legislative body of any county wishing to impose it. Its approval by the county legislative body must be proclaimed by the presiding officer of the body and certified by the presiding officer to the secretary of state. The litigation tax authorized by this section may be effective on or after July 1, 1990, and may be in any amount up to six dollars ($6.00) per case. Proceeds of the litigation tax shall be paid to the county general fund. It is the intent of the general assembly that the proceeds of this local tax aid in defraying the cost to counties of paying the general sessions court judges. If, during any fiscal year, the amount of revenue generated by the local tax enacted pursuant to this section does not sufficiently fund the increase in the general sessions judge's compensation mandated by this part or the salary supplement as provided for under [former] §
16-15-205(d)(2)
[repealed], the local litigation tax may be raised to an amount more than six dollars ($6.00) necessary to fund the increase mandated by this part or the salary supplement as provided for under [former] §
16-15-205(d)(2)
[repealed]; provided, that any increase to fund the supplement shall be adjusted annually.
(b)
Any increase in expenditures by a county resulting from the increase provided by this part shall be appropriated from funds that the county receives from the state government that are not earmarked by statute for a particular purpose.
Amended by 2015 Tenn. Acts, ch. 223, s 1, eff. 4/20/2015.
Acts 1988, ch. 698, § 7; 1990, ch. 637, § 5; 1997 , ch. 556, § 1; 2004, ch. 684, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5007 - Administrative director of Tennessee general sessions judge's conference - Litigation tax for state

The administrative director of the courts shall also serve as the administrative director of the Tennessee general sessions judges' conference. The administrative director of the courts may serve the conference with existing staff or may, with a portion of the proceeds of the litigation tax earmarked to the administrative director's office, employ such additional staff as may be necessary to adequately serve the general sessions judges.
Acts 1988, ch. 698, § 6; 1990, ch. 637, § 6; 1993, ch. 66, § 25; 1993, ch. 241, § 24; 2005, ch. 429, § 19.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5008 - Additional litigation tax for state

Effective July 1, 1988, there is imposed a litigation tax, in addition to the tax imposed by §
16-15-5007
of two dollars ($2.00) on each civil case filed in general sessions court or in a court where the general sessions judge serves as judge, and of two dollars ($2.00) on each criminal conviction in general sessions court. The litigation tax imposed by this section shall not apply to cases in juvenile court.
Acts 1988, ch. 698, § 6; 1990, ch. 637, § 7.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5009 - Jurisdiction added by private act

(a)
If added jurisdiction to hear probate, domestic relations or workers' compensation cases is given to a general sessions court by private act, cases shall be filed in either the circuit court clerk's or clerk and master's office unless otherwise provided by private act. The general sessions court that has been given the added jurisdiction to hear such cases shall be assigned cases for hearing by agreement of the general sessions court judges and the circuit court judges and the chancellors.
(b)
If added jurisdiction in juvenile cases is given to a general sessions court by private act, cases shall be filed in the clerk's office where the cases are presently filed unless otherwise provided by private act.
Acts 1988, ch. 698, § 11.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5010 - Index and table of jurisdiction

The Tennessee code commission shall publish in this code an index of acts pertaining to the jurisdiction of courts of general sessions by county and compile a tabulation of such jurisdiction by court.
Acts 1988, ch. 698, § 3.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5011 - Applicability to certain counties

Only §§
16-15-5007
and
16-15-5008
apply to any county having a population in excess of four hundred fifty thousand (450,000) and any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census.
Acts 1988, ch. 698, § 8.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5012 - Promulgation of uniform general sessions court warrant

(a)
(1)
The administrative office of the courts (AOC), in consultation with the general sessions judges' conference, court clerks' association, the sheriffs' association and the association of chiefs of police, shall design and promulgate a uniform general sessions court warrant. The purpose of the warrant is to make uniform the information contained on the warrant so that the AOC can compile accurate data on cases in general sessions courts across the state and to make the transfer of the warrant or information contained on the warrant to the AOC as quick and efficient as possible.
(2)
Upon the warrant being promulgated, it shall be used exclusively in all general sessions courts and other courts when exercising general sessions court jurisdiction; provided, in general sessions courts that use a warrant containing substantially the same information as that contained on the uniform warrant and where warrant information collected by the AOC is collected and maintained electronically by the general sessions court clerk, a nonuniform warrant may be used.
(b)
The AOC, in consultation with the general sessions judges' conference, Tennessee bar association, court clerks' association, Tennessee trial lawyers' association and the sheriffs' association, shall design and promulgate a uniform general sessions civil warrant. Upon the civil warrant being promulgated, it shall be used exclusively in all general sessions courts and other courts when exercising general sessions court jurisdiction; provided, in general sessions courts that use a civil warrant containing substantially the same information as that contained on the uniform civil warrant and where civil warrant information collected by the AOC is collected and maintained electronically by the general sessions court clerk, a nonuniform civil warrant may be used.
Acts 2000, ch. 968, § 1; 2001, ch. 362, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5013 - Designation of division of general sessions court as mental health court

(a)
The county commission of any county having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census, may designate a division of the county's general sessions court as the mental health court. The mental health court shall be staffed using existing general sessions court staff members.
(b)
The mental health court is granted the power to hear cases involving petitions filed under the mental health law, compiled in title 33, and mental commitments.
(c)
The mental health court shall strive to identify and provide treatment and services to persons who are mentally ill, developmentally disabled or dually diagnosed, or persons who have a history of alcohol or drug abuse.
(d)
The mental health court shall also strive to create a single point of contact for persons governed by this section and shall seek to provide case management, forensic alternative community treatment and community-based services.
Acts 2004, ch. 703, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 15 - COURTS OF GENERAL SESSIONS (§§ 16-15-101 — 16-15-5014) › Part 50 - COMPENSATION AND QUALIFICATIONS OF JUDGES - JURISDICTION (§§ 16-15-5001 — 16-15-5014) › Section 16-15-5014 - Domestic violence court for Shelby County

(a)
In order to maximize and concentrate limited prosecutorial, counseling and other social resources to victims of domestic violence, the tenth division of the Shelby County general sessions court shall serve as the domestic violence court for Shelby County.
(b)
Provided that the caseload of the domestic violence court does not exceed the capacity of the tenth division to hear all such cases, the tenth division of the Shelby County general sessions court shall have exclusive jurisdiction over matters involving domestic violence, orders of protection, domestic assault and all other cases incident to domestic abuse as defined in §
36-3-601
; provided, however, that the tenth division may retain concurrent jurisdiction over other types of cases. The determination whether the tenth division of the Shelby County general sessions court has exceeded its capacity to hear all domestic violence cases shall be made by the presiding judge of the tenth division in consultation with the chief judge of the Shelby County general sessions court.
(c)
If it has been determined pursuant to subsection (b) that the caseload of the domestic violence court exceeds the capacity of the tenth division of the Shelby County general sessions court to hear all such cases, then the excess cases shall be distributed among the remaining divisions of the Shelby County general sessions court to be heard.
(d)
The general sessions court shall commence as the domestic violence court for Shelby County no later than September 1, 2009.
Acts 2009, ch. 391, § 1.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-101 - Establishment

(a)
A court is established in each county for the dispatch of probate and other business entrusted to it, to be called the county court.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 127 (deriv. Acts 1835-1836, ch. 6, § 1); Shan., § 221; Code 1932, § 161; modified; T.C.A. (orig. ed.), § 16-701; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 245, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-102 - Special laws continued

(a)
All the existing laws defining the local limits of the jurisdiction of the county courts, and fixing the times and places for holding the county courts, are continued in full force and effect, unless inconsistent with some positive provision of this code.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 128; Shan., § 222; Code 1932, § 162; T.C.A. (orig. ed.), § 16-702; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-103 - Attendance at court

(a)
The judge shall attend at the courthouse of the county in which the judge serves on the first Monday of every month; and shall, on first Mondays and subsequent days as may be necessary, attend to all matters and adjudicate and determine all questions and do all other acts and things required.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1875, ch. 70, § 1; Shan., § 6006; mod. Code 1932, § 10204; modified; T.C.A. (orig. ed.), § 16-705; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-104 - Terms of court

(a)
The county court to be held by the county judge shall have its regular sessions on the first Monday of each month; and the court shall sit from day to day, so long as the business of the court may require.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4198 (deriv. Acts 1855-1856, ch. 253, § 5); Shan., § 6023; Code 1932, § 10222; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 16-706; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-105 - Court always open

(a)
The county court to be held by the county judge shall be deemed always open for the transaction of any business and the exercise of any jurisdiction conferred upon the county judge or upon the court held by the county judge.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Acts 1911, ch. 3, § 1; Shan., § 6006a1; mod. Code 1932, § 10205; modified; T.C.A. (orig. ed.), § 16-707; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.
2023 Tennessee Code › Title 16 - COURTS (§§ 16-1-101 — 16-22-114) › Chapter 16 - COUNTY COURTS (§§ 16-16-101 — 16-16-202) › Part 1 - GENERAL PROVISIONS [Repealed In Certain Counties] (§§ 16-16-101 — 16-16-121) › Section 16-16-106 - Practice of law by judge

(a)
The county judge is not precluded from practicing in the supreme, chancery, circuit, and criminal courts of this state, but shall not act as counsel in any case going up from the judge's court.
(b)
Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
not less than
not more than
12,800
12,900
27,100
27,200
43,100
43,200
62,300
62,400
182,000
182,100
(c)
In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
Code 1858, § 4200 (deriv. Acts 1855-1856, ch. 253, § 12); Shan., § 6026; Code 1932, § 10224; T.C.A. (orig. ed.), § 16-708; Acts 2003, ch. 310, §§ 1, 6-10; 2005, ch. 24, §§ 1, 2.