reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-113 - Supersedeas on pauper's application

(a)
No supersedeas shall issue upon application in forma pauperis, without express order of the judge dispensing with security.
(b)
Such order may be made by the judge only on notice to the adverse party of the application.
Code 1858, § 3133; Shan., § 4864; Code 1932, § 8999; T.C.A. (orig. ed.), § 27-813.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-114 - Action after refusal of supersedeas

(a)
On refusing such order, the judge may either take bond from the adverse party for the payment of damages, including the value of property levied on, or for the safekeeping of the property and its redelivery at the end of the suit, with damages, if the applicant succeeds in the application; or, the judge may order the property to be kept by the officer, and take bond from the plaintiff for damages only; or, if the property is such as to render it proper, or if the applicant consents, the judge may order the sale to proceed and take bond from the plaintiff for payment of damages; or, the judge may make such other order as the parties may agree on or the circumstances justify.
(b)
In such case, no further notice shall be required to bring the parties into court.
Code 1858, §§ 3134, 3135; Shan., §§ 4865, 4866; Code 1932, §§ 9000, 9001; T.C.A. (orig. ed.), § 27-814.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-115 - Time of trial

Suits brought into an appellate court, by writ of certiorari, shall be triable at the return term of the writ.
Acts 1903, ch. 115, § 1; Shan., § 4866a1; Code 1932, § 9002; T.C.A. (orig. ed.), § 27-815.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-116 - Determination on motion to quash or dismiss

On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.
Acts 1903, ch. 115, § 2; Shan., § 4866a2; Code 1932, § 9003; T.C.A. (orig. ed.), § 27-816.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-117 - Judgment for applicant

On the final judgment, the court may, if the applicant obtain relief, direct the jury trying the cause to assess damages, or may impanel a jury for that purpose, may order restitution of the property, or give such other judgment in the applicant's favor as the state of the case requires.
Code 1858, § 3136; Shan., § 4867; Code 1932, § 9004; T.C.A. (orig. ed.), § 27-817.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 8 - CERTIORARI AND SUPERSEDEAS (§§ 27-8-101 — 27-8-118) › Section 27-8-118 - Judgment against applicant

(a)
Upon affirmance of the judgment or decree below or recovery of a larger amount, or upon dismissal of the certiorari for want of prosecution, or for any other cause, the court shall enter judgment for the amount recovered against the principal and the sureties on the prosecution bond, with interest at the rate of six percent (6%) per annum from the date of the judgment or decree below, and all costs.
(b)
In all other cases, the judgment of the higher court, if against the party obtaining the certiorari, shall be for the amount of the recovery, with interest and costs, against the principal and sureties to the prosecution bond.
Code 1858, §§ 3137, 3138 (deriv. Acts 1794, ch. 1, § 64; 1817, ch. 119, § 2); impl. am. Acts 1861 (1st E. S.), ch. 6, §1; impl. am. Acts 1865-1866, ch. 17, § 1; Shan., §§ 4868, 4869; Code 1932, §§ 9005, 9006; T.C.A. (orig. ed.), § 27-818.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-101 - Right of review

Anyone who may be aggrieved by any final order or judgment of any board or commission functioning under the laws of this state may have the order or judgment reviewed by the courts, where not otherwise specifically provided, in the manner provided by this chapter.
Code 1932, § 9008; modified; T.C.A. (orig. ed.), § 27-901.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-102 - Filing and contents of petition

Such party shall, within sixty (60) days from the entry of the order or judgment, file a petition of certiorari in the chancery court of any county in which any one (1) or more of the petitioners, or any one (1) or more of the material defendants reside, or have their principal office, stating briefly the issues involved in the cause, the substance of the order or judgment complained of, the respects in which the petitioner claims the order or judgment is erroneous, and praying for an accordant review.
Code 1932, § 9008; T.C.A. (orig. ed.), § 27-902.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-103 - Circuit court jurisdiction

The circuit court is given concurrent jurisdiction over such proceeding.
Code 1932, § 9018; T.C.A. (orig. ed.), § 27-903.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-104 - Defendants named in petition

The petition shall be addressed to the presiding chancellor and shall name as defendants the particular board or commission and such other parties of record, if such, as were involved in the hearing before the board or commission, and who do not join as petitioners.
Code 1932, § 9008; T.C.A. (orig. ed.), § 27-904.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-105 - Security for costs

The petitioner shall give bond for costs as in other chancery suits, or oath of paupers in lieu.
Code 1932, § 9009; T.C.A. (orig. ed.), § 27-905.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-106 - Supersedeas

(a)
If the order or judgment rendered by such board or commission made the basis of the petition for certiorari shall make any material change in the status of any matter determined therein, the petitioner may, upon reasonable notice to the board or commission and other material defendants, apply to the chancellor, at the time of filing such petition, for a supersedeas, and the chancellor, in the chancellor's discretion, may grant a writ of supersedeas to stay the putting into effect of such order or judgment or any part thereof.
(b)
No such supersedeas shall be granted until a good and sufficient bond, in an amount to be fixed and approved by the chancellor, shall have been given by the petitioner, conditioned to indemnify the defendants named in the petition from any injury that may result by reason of the granting of such supersedeas.
Code 1932, § 9017; T.C.A. (orig. ed.), § 27-906.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-107 - Notice of filing to defendants

Upon the filing of such petition, the clerk of the court of pendency shall immediately send, by registered return-receipt mail, to the board or commission a notice of the filing of the petition and a certified copy thereof. The clerk shall also send a similar notice to the last known post office address of each other party named as defendant.
Code 1932, § 9010; T.C.A. (orig. ed.), § 27-907.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-108 - Notice prior to grant of writ

The court before granting the writ of certiorari may require notice of the application to be given to the adverse party, or may grant it without such notice.
Code 1932, § 9011; T.C.A. (orig. ed.), § 27-908.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-109 - Transcript of proceedings

(a)
Immediately upon the grant of a writ, the board or commission shall cause to be made, certified and forwarded to such court a complete transcript of the proceedings in the cause, containing also all the proof submitted before the board or commission.
(b)
The clerk of such court shall promptly, by registered return-receipt mail, notify each party named as defendant in the petition of the filing of such transcript.
Code 1932, § 9012; T.C.A. (orig. ed.), § 27-909.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-110 - Defensive pleadings - Amendments

(a)
All defendants named in such petition, desiring to make defense, shall do so by answer (in which grounds of demurrer shall be incorporated) to such petition within thirty (30) days from the date of the filing of the transcript, unless the time be extended by the court.
(b)
Any other person who may be affected by the decision to be made by such court may, upon leave given, intervene and file such an answer in the cause.
(c)
Amendments may be granted as in chancery procedure.
Code 1932, § 9013; T.C.A. (orig. ed.), § 27-910.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-111 - Hearing - Findings

(a)
At the expiration of ninety (90) days from the filing of the transcript, the cause shall stand for trial, and shall be heard and determined at the earliest practical date, as one having precedence over other litigation, except suits involving state, county or municipal revenue.
(b)
The hearing shall be on the proof introduced before the board or commission contained in the transcript, and upon such other evidence as either party may desire to introduce.
(c)
The judge shall reduce all findings of fact and conclusions of law to writing and make them parts of the record.
(d)
In making such findings of fact, the judge shall weigh the evidence and determine the facts by the preponderance of the proof.
(e)
If the final decision of a board or commission revokes, suspends, or denies a license or permit that is required prior to engaging in conduct protected by the First Amendment to the Constitution of the United States, and either the petitioner or the respondent requests an expedited hearing, the court shall immediately grant the writ of certiorari, and shall hear the matter and issue its decision within forty (40) days of the court granting the writ of certiorari. When an expedited hearing is requested, the board or commission shall forward the transcript described in §
27-9-109
within seven (7) days of the grant of the writ of certiorari.
Code 1932, § 9014; Acts 1951, ch. 261, § 1; T.C.A. (orig. ed.), § 27-911; Acts 1987, ch. 28, §§ 1-3; 1998, ch. 794, § 1; 2002, ch. 615, § 1.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-112 - Appeal

(a)
Any party dissatisfied with the decree of the court may appeal to the court of appeals in the manner provided by the Tennessee Rules of Appellate Procedure.
(b)
Such appeal shall be advanced upon the docket of the court of appeals as one of such precedence, and heard as promptly as practicable.
Code 1932, § 9015; Acts 1970, ch. 424, §§ 1, 2; T.C.A. (orig. ed.), § 27-912; Acts 1981, ch. 449, § 2.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-113 - Certification of decree on appeal

The clerk of the Supreme Court shall certify and send direct to such board or commission the decree of the Supreme Court, which shall be binding upon and enforced by such board or commission.
Code 1932, § 9016; T.C.A. (orig. ed.), § 27-913.
2023 Tennessee Code › Title 27 - APPEAL AND REVIEW (§§ 27-1-101 — 27-9-114) › Chapter 9 - REVIEW OF BOARDS AND COMMISSIONS (§§ 27-9-101 — 27-9-114) › Section 27-9-114 - Proceedings involving certain public employees

(a)
(1)
Contested case hearings by civil service boards of a county or municipality which affect the employment status of a civil service employee shall be conducted in conformity with contested case procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(2)
The provisions of subdivision (a)(1) pertaining to hearings by civil service boards shall not apply to municipal utilities boards or civil service boards of counties organized under a home rule charter form of government.
(b)
(1)
Judicial review of decisions by civil service boards of a county or municipality which affects the employment status of a county or city civil service employee shall be in conformity with the judicial review standards under the Uniform Administrative Procedures Act, §
4-5-322
.
(2)
Petitions for judicial review of decisions by a city or county civil service board affecting the employment status of a civil service employee shall be filed in the chancery court of the county wherein the local civil service board is located.
(3)
In any appeal pursuant to this section deemed by the court to be frivolous, the sanctions of the Federal Rules of Civil Procedure, Rule 11 may be applied by the chancellors.
(c)
This section shall not apply to the benefit board of any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), or to the benefit board of any county having a population in excess of eight hundred thousand (800,000), both according to the 2000 federal census or any subsequent federal census. This subsection (c) shall have no effect in any county unless it is approved by a resolution adopted by a two-thirds (2/3) vote of the legislative body of any county to which this subsection (c) applies. The approval or nonapproval of this subsection (c) shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state.
Acts 1949, ch. 266, §§ 1, 2; C. Supp. 1950, § 9018.1; T.C.A. (orig. ed.), § 27-914; Acts 1988, ch. 1001, § 1; 1990, ch. 629, §1; 2008 , ch. 757, § 1.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-101 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 749, s 37, eff. 7/1/2020.
Code 1858, § 2761; Shan., § 4452; Code 1932, § 8578; T.C.A. (orig. ed.), § 28-101.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-102 - Commencement at time of right to make demand

When a right exists, but a demand is necessary to entitle the party to an action, the limitation commences from the time the plaintiff's right to make the demand was completed, and not from the date of the demand.
Code 1858, § 2780; Shan., § 4477; Code 1932, § 8604; T.C.A. (orig. ed.), § 28-102.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-103 - Accrual of agent's liability to principal

When an injury arises from the act or omission of a deputy or agent, the time for the limitation of an action by the principal against such deputy or agent does not commence to run until the liability of the principal for the act or omission is ascertained by suit of the aggrieved party against such principal, or otherwise.
Code 1858, § 2781; Shan., § 4478; Code 1932, § 8605; T.C.A. (orig. ed.), § 28-103.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-104 - Accrual of principal's liability to surety or endorser

The time for the limitation of an action by either a surety or accommodation endorser against their principal on negotiable paper, or for any matter growing out of the suretyship, does not commence to run until judgment is rendered against the surety or endorser, or the surety or endorser until the surety or endorser has paid the money.
Code 1858, § 2782; Shan., § 4479; Code 1932, § 8606; T.C.A. (orig. ed.), § 28-104.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-105 - New action after adverse decision - Contractual limitations periods

(a)
If the action is commenced within the time limited by a rule or statute of limitation, but the judgment or decree is rendered against the plaintiff upon any ground not concluding the plaintiff's right of action, or where the judgment or decree is rendered in favor of the plaintiff, and is arrested, or reversed on appeal, the plaintiff, or the plaintiff's representatives and privies, as the case may be, may, from time to time, commence a new action within one (1) year after the reversal or arrest. Actions originally commenced in general sessions court and subsequently recommenced pursuant to this section in circuit or chancery court shall not be subject to the monetary jurisdictional limit originally imposed in the general sessions court.
(b)
In the case of a contract which limits the time within which an action arising out of such contract must be brought, if such action is commenced within the time as limited by the contract but the judgment or decree is rendered against the plaintiff upon any ground not concluding the plaintiff's right of action, or where the judgment or decree is rendered in favor of the plaintiff, and is arrested, or reversed on appeal, the plaintiff, or the plaintiff's representatives or successors, as the case may be, may, from time to time, commence a new action within one (1) year after the nonsuit, dismissal without prejudice, reversal or arrest.
Code 1858, § 2755 (deriv. Acts 1715, ch. 27, § 6; 1819, ch. 28, § 3); Shan., § 4446; mod. Code 1932, § 8572; T.C.A. (orig. ed.), § 28-106; Acts 1985, ch. 344, § 1; 1989, ch. 225, § 1.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-106 - Accrual of right if person under eighteen years of age, adjudicated incompetent, or lacking capacity

(a)
If the person entitled to commence an action is, at the time the cause of action accrued, either under eighteen (18) years of age, or adjudicated incompetent, such person, or such person's representatives and privies, as the case may be, may commence the action, after legal rights are restored, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from restoration of legal rights.
(b)
Persons over the age of eighteen (18) years of age are presumed competent.
(c)
(1)
If the person entitled to commence an action, at the time the cause of action accrued, lacks capacity, such person or such person's representatives and privies, as the case may be, may commence the action, after removal of such incapacity, within the time of limitation for the particular cause of action, unless it exceeds three (3) years, and in that case within three (3) years from removal of such incapacity, except as provided for in subdivision (c)(2).
(2)
Any individual with court-ordered fiduciary responsibility towards a person who lacks capacity, or any individual who possesses the legal right to bring suit on behalf of a person who lacks capacity, shall commence the action on behalf of that person within the applicable statute of limitations and may not rely on any tolling of the statute of limitations, unless that individual can establish by clear and convincing evidence that the individual did not and could not reasonably have known of the accrued cause of action.
(3)
Any person asserting lack of capacity and the lack of a fiduciary or other representative who knew or reasonably should have known of the accrued cause of action shall have the burden of proving the existence of such facts.
(4)
Nothing in this subsection (c) shall affect or toll any statute of repose within this code.
(d)
For purposes of this section, the term "person who lacks capacity" means and shall be interpreted consistently with the term "person of unsound mind" as found in this section prior to its amendment by Chapter 47 of the Public Acts of 2011.
Amended by 2016 Tenn. Acts, ch. 932, s 1, eff. 4/27/2016.
Code 1858, § 2757 (deriv. Acts 1715, ch. 27, § 9; 1819, ch. 28, §§ 1, 2; 1823, ch. 16, § 1; 1827, ch. 75); Acts 1901, ch. 15, § 1; Shan., § 4448; mod. Code 1932, § 8574; Acts 1971, ch. 162, §2; T.C.A. (orig. ed.), §28-107; Acts 2011 , ch. 47, § 17.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-107 - Cases in which disability not an excuse

Section
28-1-106
shall not apply to actions on a statute for a penalty or forfeiture, or to actions against the estate of a deceased person brought more than seven (7) years from the death of the deceased, and the time the cause of action accrued, nor to cases provided for in §
28-2-105
.
Code 1858, § 2758; Shan., § 4449; Code 1932, § 8575; T.C.A. (orig. ed.), § 28-108.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-108 - Disability at time of accrual - Two or more disabilities

No person can claim use of a disability unless it existed when the right of action accrued; but when two (2) or more disabilities exist at the time of accrual, the limitation does not attach until all are removed.
Code 1858, § 2759 (deriv. Acts 1819, ch. 28, § 1); Shan., 4450; Code 1932, § 8576; T.C.A. (orig. ed.), § 28-109.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-109 - Suspension during injunction

When the commencement of an action is stayed by injunction, the time of the continuance of the injunction is not to be counted.
Code 1858, § 2756; Shan., § 4447; Code 1932, § 8573; T.C.A. (orig. ed.), § 28-110.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-110 - Suspension pending administration of estate

The time between the death of a person and the grant of letters testamentary or of administration on such person's estate, not exceeding six (6) months, and the six (6) months within which a personal representative is exempt from suit, is not to be taken as a part of the time limited for commencing actions which lie against the personal representative.
Code 1858, § 2760; Shan., § 4451; Code 1932, § 8577; T.C.A. (orig. ed.), § 28-111.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-111 - Suspension during absence from state

If at any time any cause of action shall accrue against any person who shall be out of this state, the action may be commenced within the time limited therefor, after such person shall have come into the state; and, after any cause of action shall have accrued, if the person against whom it has accrued shall be absent from or reside out of the state, the time of absence or residence out of the state shall not be taken as any part of the time limited for the commencement of the action.
Acts 1865, ch. 10, § 3; Shan., § 4455; Code 1932, § 8581; T.C.A. (orig. ed.), § 28-112.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-112 - Application of foreign statutes

Where the statute of limitations of another state or government has created a bar to an action upon a cause accruing therein, while the party to be charged was a resident in such state or such government, the bar is equally effectual in this state.
Code 1858, § 2783; Shan., § 4480; Code 1932, § 8607; T.C.A. (orig. ed.), § 28-114.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-113 - Actions by state

This title does not apply to actions brought by the state of Tennessee, unless otherwise expressly provided.
Code 1858, § 2762 (deriv. Acts 1855-1856, ch. 113, § 3); impl. am. Acts 1865, ch. 36, § 34; impl. am. Acts 1873, ch. 13; Shan., § 4453; Code 1932, § 8579; T.C.A. (orig. ed.), § 28-115.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-114 - Counterclaim or third party complaint

(a)
A counterclaim or third party complaint or cross-claim is not barred by the applicable statute of limitations or any statutory limitation of time, however characterized, if it was not barred at the time the claims asserted in the complaint were interposed.
(b)
If a nonsuit is taken as to the original civil action, any counterclaim, cross-claim or third party complaint arising from such action shall not be terminated but may proceed as an original civil action. However, if a counterclaim, cross-claim or third party complaint is filed as a civil action as permitted by this subsection (b) and such action does not proceed to an adjudication on the merits of such claim, the defendant shall have the right to file a counterclaim, cross-claim or third party complaint within the time allowed for the filing of a responsive pleading only if the original action is reinstituted pursuant to §
28-1-105
.
(c)
Any counterclaim, cross-claim, or third party complaint arising from an action or suit originally commenced in general sessions court and subsequently recommenced as an original action or as a counterclaim, cross-claim or third party complaint pursuant to this section in circuit or chancery court according to the provisions of §
28-1-105
, shall not be subject to the monetary jurisdictional limit originally imposed in general sessions court.
Acts 1978, ch. 758, § 1; T.C.A., § 28-116; Acts 1983, ch. 365, §1; 1984, ch. 520, §§ 2, 4; 1985, ch. 344, § 2.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-115 - Dismissed federal court actions

Notwithstanding any applicable statute of limitation to the contrary, any party filing an action in a federal court that is subsequently dismissed for lack of jurisdiction shall have one (1) year from the date of such dismissal to timely file such action in an appropriate state court.
Acts 1984, ch. 520, § 1.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 1 - GENERAL PROVISIONS (§§ 28-1-101 — 28-1-116) › Section 28-1-116 - Extension during disaster

In the event that a duly authorized member of the appellate judiciary enters an order declaring a disaster pursuant to the Tennessee supreme court rules, or the Tennessee rules of civil or appellate procedure, all applicable statutes of limitation and statutes of repose shall be extended in the counties subject to the order by the same number of days by which other applicable filing deadlines are extended. In the event an action could be properly filed in more than one (1) county, the deadline for that action shall be extended only in the county or counties in which a disaster is declared by the order.
Acts 2008, ch. 725, § 1.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-101 - Adverse possession - State conveyance

(a)
Any person having had, either personally or through those through whom that person's claim arises, individually or through whom a person claims, seven (7) years' adverse possession of any lands, tenements, or hereditaments, granted by this state or the state of North Carolina, holding by conveyance, devise, grant, or other assurance of title, purporting to convey an estate in fee, without any claim by action at law or in equity commenced within that time and effectually prosecuted against such person is vested with a good and indefeasible title in fee to the land described in such person's assurance of title.
(b)
No title shall be vested by virtue of such adverse possession, unless such conveyance, devise, grant, or other assurance of title shall have been recorded in the register's office for the county or counties in which the land lies during the full term of such seven (7) years' adverse possession.
Code 1858, § 2763 (deriv. Acts 1819, ch. 28, § 1); Acts 1895, ch. 38, §1; Shan., § 4456; Code 1932, § 8582; T.C.A. (orig. ed.), § 28-201.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-102 - Action barred after seven years

Any person, and those claiming under such person neglecting for the term of seven (7) years to avail themselves of the benefit of any title, legal or equitable, by action at law or in equity, effectually prosecuted against the person in possession, under recorded assurance of title, as in §
28-2-101
, are forever barred.
Code 1858, § 2764 (deriv. Acts 1819, ch. 28, § 1); Acts 1895, ch. 38, §2; Shan., § 4457; Code 1932, § 8583; T.C.A. (orig. ed.), § 28-202.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-103 - Seven-year period runs from time right accrued - Extent of possession

(a)
No person or anyone claiming under such person shall have any action, either at law or in equity, for the recovery of any lands, tenements or hereditaments, but within seven (7) years after the right of action accrued.
(b)
No possession of lands, tenements or hereditaments shall be deemed to extend beyond the actual possession of an adverse holder until the muniment of title, if any, under which such adverse holder claims such lands, tenements or hereditaments is duly recorded in the county in which the lands are located.
Code 1858, § 2765 (deriv. Acts 1819, ch. 28, § 2); Shan., § 4458; Code 1932, § 8584; mod. C. Supp. 1950, § 8584; T.C.A. (orig. ed.), § 28-203.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-104 - Application to school lands

Sections
28-2-101
- 28-2-103 do not apply to lands, tenements, or hereditaments reserved for the use of schools.
Code 1858, § 2766 (deriv. Acts 1819, ch. 28, § 3); Shan., § 4459; Code 1932, § 8585; T.C.A. (orig. ed.), § 28-204.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-105 - Adverse possession - Assurance of title

Any person holding any real estate or land of any kind or any legal or equitable interest therein, and such person and those through whom such person claims having been in adverse possession of same for seven (7) years, where the real estate is held and claimed by such person or those through whom such person claims by a conveyance, devise, grant, a decree of a court of record, or other assurance of title purporting to convey an estate in fee, and such conveyance, devise, grant, or other assurance of title, has been recorded in the register's office of the county in which the land lies for a period of thirty (30) years or more or such decree entered on the minutes of such court for a period of thirty (30) years or more, is vested with an absolute and indefeasible title to such real estate or interest therein.
Acts 1923, ch. 90, § 1; Shan. Supp., § 4460a1; Code 1932, §8586; T.C.A. (orig. ed.), § 28-205.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-106 - Action for recovery prohibited

Where such land or interest therein is held as set out in §
28-2-105
, no person, whether upon disability or not, nor the state of Tennessee, shall commence or sustain an action for the recovery of same in any court.
Acts 1923, ch. 90, § 2; Shan. Supp., § 4460a2; Code 1932, §8587; T.C.A. (orig. ed.), § 28-206.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-107 - Rights under other laws preserved

Nothing in §
28-2-105
or §
28-2-106
is to be construed as affecting any rights which any person may now or hereafter have under other laws in regard to limitation of actions for real estate where the limitation is for a period of less than thirty (30) years.
Acts 1923, ch. 90, § 3; Shan. Supp., § 4460a3; Code 1932, § 8588; modified; T.C.A. (orig. ed.), § 28-207.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-108 - Subordinate possession not adverse

Possession is not adverse within the meaning of this chapter, as to any person claiming a right or interest in the land, when taken and continued under a title bond, mortgage or other instrument acknowledging that right or interest, or when taken and continued in subordination to the right or interest of another.
Code 1858, § 2768; Shan., § 4461; Code 1932, § 8589; T.C.A. (orig. ed.), § 28-208.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-109 - Presumption of ownership from payment of taxes

Any person holding any real estate or land of any kind, or any legal or equitable interest therein, who has paid, or who and those through whom such person claims have paid, the state and county taxes on the same for more then twenty (20) years continuously prior to the date when any question arises in any of the courts of this state concerning the same, and who has had or who and those through whom such person claims have had, such person's deed, conveyance, grant or other assurance of title recorded in the register's office of the county in which the land lies, for such period of more than twenty (20) years, shall be presumed prima facie to be the legal owner of such land.
Acts 1947, ch. 28, § 1; mod. C. Supp. 1950, § 9159.1 (Williams, § 9746.1); T.C.A. (orig.ed.), § 28-209.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-110 - Action barred by nonpayment of taxes

(a)
Any person having any claim to real estate or land of any kind, or to any legal or equitable interest therein, the same having been subject to assessment for state and county taxes, who and those through whom such person claims have failed to have the same assessed and to pay any state and county taxes thereon for a period of more than twenty (20) years, shall be forever barred from bringing any action in law or in equity to recover the same, or to recover any rents or profits therefrom in any of the courts of this state.
(b)
This section does not apply to persons under eighteen (18) years of age or to persons adjudicated incompetent if suit shall be brought by them, or any one claiming through them, within three (3) years after legal rights are restored.
(c)
Nothing in this section shall bar a person from bringing an action to contest the lapse of a mineral interest within the period provided by §
66-5-108(j)
.
Acts 1947, ch. 28, § 3; mod. C. Supp. 1950, § 8585.1 (Williams, § 9159.1); impl. am. Acts 1979, ch. 413, § 1; T.C.A. (orig. ed.), §28-210; Acts 1987, ch. 282, §6; 2011 , ch. 47, § 18.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-111 - Period of validity of liens - Extension

(a)
Liens on realty, equitable or retained in favor of vendor on the face of the deed, also liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, shall be barred, and the liens discharged, unless suits to enforce the same be brought within ten (10) years from the maturity of the debt.
(b)
Subsection (a) shall not apply to lands sold for school purposes, whereon liens have been retained for the payment of the purchase money, nor to persons under disability, until three (3) years after the removal of the same.
(c)
Original liens on realty retained in favor of vendors on the face of a deed, also original liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, may be extended without their priority or legal effectiveness being in any way impaired, for any period of time agreed upon and beyond the ten-year period from the maturity of the obligation or debt, as provided for in subsection (a); such extension shall be evidenced by a written instrument, which shall, prior to or within ten (10) years from the maturity of the obligation or debt, be duly executed and acknowledged and be filed for record with the register of the county in which the realty affected is located and be there recorded, all in accordance with the statutes of this state in that regard; and when so filed for record such instrument of extension shall be constructive notice to all persons, as provided by the registration laws of this state; and such instrument shall contain a brief recital of the facts with reference to the original lien and shall provide that the lien shall continue, for a definite period of time in the future, to secure the remaining obligation or debt due under and secured by the original lien, and it shall not be necessary that there be any increase or decrease in the terms of the original obligation either of principal or interest.
Acts 1885, ch. 9, §§ 1, 2; Shan., §§ 4464, 4465; mod. Code 1932, §§ 8590, 8591; Acts 1943, ch. 129, § 1; C. Supp. 1950, § 8590.1; T.C.A. (orig.ed.), §§ 28-212--28-214.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 2 - LIMITATION OF REAL ACTIONS (§§ 28-2-101 — 28-2-112) › Section 28-2-112 - Challenge of title of parcel conveyed pursuant to tax proceeding

(a)
A person, and those claiming through such person, who receives title to a parcel conveyed pursuant to a tax proceeding is vested with an absolute and indefeasible title in fee in the parcel, unless a judicial action challenging the title of the parcel is filed in an appropriate court within three (3) years of the recording of the tax deed or order confirming the sale of the parcel in the office of the register of deeds for the county in which the parcel lies.
(b)
A person, and those claiming through such person, whether under disability or not, who fails or neglects to file a judicial action challenging the title of a parcel conveyed pursuant to a tax proceeding within three (3) years of the recording of the tax deed or order confirming the sale of the parcel in the office of the register of deeds for the county in which the parcel lies, is barred from challenging the title of the parcel.
(c)
The right to possession of a parcel pursuant to §
67-5-2503(a)
constitutes adverse possession as to all other claimants of an interest in the parcel without any other action on the part of the person with the right to possession or the person's successors.
(d)
This section is applicable regardless of whether the instrument of conveyance in a tax proceeding is subsequently invalidated or declared void.
(e)
The three-year periods established in subsections (a) and (b) begin on July 1, 2017, as to parcels conveyed by tax deed or order confirming the sale prior to July 1, 2017.
(f)
Nothing in this section shall be construed to repeal or limit the application of §
67-5-2504
.
(g)
As used in this section:
(1)
"Judicial action challenging the title of the parcel" includes actions to invalidate the title and actions to declare the instrument conveying the title void for any reason. "Judicial action challenging the title of the parcel" also includes motions, suits to quiet title or for declaratory judgment, and any other means or court proceeding by which the title to the parcel may be attacked; and
(2)
"Proceeding" has the same meaning as defined in §
67-5-2502(c)(1)
.
Added by 2017 Tenn. Acts, ch. 299,s 1, eff. 7/1/2017.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-NEW - [Newly enacted section not yet numbered]

(a)
Notwithstanding §
28-3-104
, a civil action for an injury or illness based on a sexual assault that occurred when the injured person was eighteen (18) years of age or older must be brought:
(1)
Within three (3) years of the sexual assault, or last act of sexual assault if in a series of continuing sexual assault incidents against the victim by the alleged perpetrator, if law enforcement was not notified of the sexual assault; or
(2)
Within five (5) years of the sexual assault, or last act of sexual assault if in a series of continuing sexual assault incidents against the victim by the alleged perpetrator, if law enforcement was notified of the sexual assault.
(b)
For purposes of this section, "sexual assault" means an offense involving rape, as described in §
39-13-502
, §
39-13-503
, or §
39-13-534
, or sexual battery, as described in §
39-13-504
, §
39-13-505
, or §
39-13-527
.
Added by 2024 Tenn. Acts, ch. 644,s 2, eff. 4/4/2024.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-101 - Scope of chapter

All civil actions, other than those for causes embraced in chapter 2 of this title, shall be commenced after the cause of action has accrued, within the periods prescribed in this chapter, unless otherwise expressly provided.
Code 1858, § 2769; Shan., § 4466; Code 1932, § 8592; T.C.A. (orig. ed.), § 28-301.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-102 - Actions against personal representative

(a)
All actions against the personal representative of a decedent, for demands against such decedent, shall be brought within seven (7) years after the decedent's death, notwithstanding any disability existing; otherwise they will be forever barred.
(b)
Nothing in this section shall be deemed to extend the time limited by §§
30-2-310
,
30-2-314
and
30-2-315
.
Code 1858, § 2786 (deriv. Acts 1715, ch. 48, § 9); Shan., § 4483; Code 1932, § 8610; mod. C. Supp. 1950, § 8610; T.C.A. (orig. ed.), § 28-302; Acts 1990, ch. 970, § 1.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-103 - Slander actions

Actions for slanderous words spoken shall be commenced within six (6) months after the words are uttered.
Code 1858, § 2771 (deriv. Acts 1715, ch. 27, § 5); Shan., § 4468; Code 1932, § 8594; T.C.A. (orig. ed.), § 28-303.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-105 - Property tort actions - Statutory liabilities

The following actions shall be commenced within three (3) years from the accruing of the cause of action:
(1)
Actions for injuries to personal or real property;
(2)
Actions for the detention or conversion of personal property; and
(3)
Civil actions based upon the alleged violation of any federal or state statute creating monetary liability for personal services rendered, or liquidated damages or other recovery therefor, when no other time of limitation is fixed by the statute creating such liability.
(4)
Actions for unpaid wages for hours worked, overtime, minimum wage, salary, bonuses, commissions, or other compensation owed to an employee or independent contractor, including, but not limited to, any causes of action for breach of contract, unjust enrichment, or quantum merit for unpaid wages for hours worked, overtime, minimum wage, salary, bonuses, commissions, or other compensation.
Amended by 2024 Tenn. Acts, ch. 747,s 1, eff. 7/1/2024.
Code 1858, § 2773 (deriv. Acts 1715, ch. 27, § 5); Shan., § 4470; Code 1932, § 8598; Acts 1945, ch. 130, § 1; mod. C. Supp. 1950, § 8598; modified; T.C.A. (orig. ed.), § 28-305; Acts 1989, ch. 517, § 2.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-106 - Recovery of gambling losses

Actions to recover money or goods lost at any kind of gambling or betting, and paid or delivered:
(1)
If brought by the loser, shall be commenced within ninety (90) days next after such payment or delivery;
(2)
If brought for the use of the spouse, child or children, or next of kin, within twelve (12) months from the expiration of the ninety (90) days;
(3)
If by a creditor of the loser, within twenty-four (24) months from the end of the ninety (90) days.
Code 1858, § 2770 (deriv. Acts 1799, ch. 8, § 4); Shan., § 4467; Code 1932, § 8593; T.C.A. (orig. ed.), § 28-306.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-107 - Actions for usury

No action shall be brought on claim for usury after two (2) years from the date of the payment of the debt upon which such claim for usury shall be based.
Acts 1903, ch. 439, § 1; Shan., § 4469a2; Code 1932, § 8597; T.C.A. (orig. ed.), § 28-307.
2023 Tennessee Code › Title 28 - LIMITATION OF ACTIONS (§§ 28-1-101 — 28-3-304) › Chapter 3 - LIMITATION OF ACTIONS OTHER THAN REAL (§§ 28-3-NEW — 28-3-304) › Part 1 - MISCELLANEOUS LIMITATIONS (§§ 28-3-NEW — 28-3-117) › Section 28-3-108 - Actions against sureties of collecting officer

Actions against sureties of any collecting officer, for failing to pay over money collected, when the collecting officer has made return of an execution or other process that the money is made or the process satisfied, shall be commenced within three (3) years from the return of the process.
Code 1858, § 2774 (deriv. Acts 1823, ch. 16, § 1); Shan., § 4471; Code 1932, § 8599; T.C.A. (orig. ed.), § 28-308.