Title 29 Remedies and Special Proceedings

Chapter 1 General Provisions — Extraordinary Process
§ 29-1-101. Application of equitable remedies.
  1. The provisions of this code relating to injunctions, appointment of receivers, and other extraordinary process, apply equally to equity proceedings in any court.
§ 29-1-102. Injunction pending litigation.
  1. In real actions, and in actions for the recovery of personal property in specie, the court in which the suit is pending may restrain the injury, removal, or destruction of the property by process of injunction, until the cause is finally disposed of.
§ 29-1-103. Receivers pending litigation.
  1. The courts are all vested with power to appoint receivers for the safekeeping, collection, management, and disposition of property in litigation in such court, whenever necessary to the ends of substantial justice, in like manner as receivers are appointed by courts of chancery.
§ 29-1-104. Receiver's bond.
  1. The clerk and master, when so directed by the order of the judge or chancellor, shall take bond and security from the receiver, or the complainant, conditioned for the faithful discharge of the duties of the receiver.
§ 29-1-105. Courts' powers over extraordinary process.
  1. In all proper cases, also, any of the courts may use all other extraordinary process of the court of chancery, and in the same way as that court, when necessary to effect the ends of justice.
§ 29-1-106. Judges granting extraordinary process.
  1. Injunctions, attachments, except as otherwise provided, writs of ne exeat, and other extraordinary process are granted by the chancellors, circuit judges, and judges of criminal and special courts.
§ 29-1-107. Statement as to first application.
  1. No such extraordinary process shall be granted, unless the party applying therefor state in the party's bill or petition that it is the first application for such process.
§ 29-1-108. Application after refusal.
  1. If any application is made for extraordinary process and refused, no other application shall be granted, except by the court in which the bill is filed.
§ 29-1-109. Endorsement of refusal.
  1. When an application is refused, the officer to whom the same is made shall endorse the refusal on the bill and sign the officer's name thereto, and anyone erasing such endorsement is guilty of, and may be punished for defacing a record.
§ 29-1-110. Transmission of bill and fiat to clerk.
  1. It is the duty of the judge, upon granting the fiat, to envelope the bill and fiat under seal, and direct to the clerk of the court in which the bill is filed, who alone is authorized to open the package.
§ 29-1-111. Scope of provisions.
  1. Sections 29-1-104 — 29-1-110 and chapters 19 and 24 of this title will apply to all cases in any of the courts which may be resorted to for the extraordinary process provided for in this chapter.
Chapter 2 Statute of Frauds
§ 29-2-101. Writing required for action.
  1. (a) No action shall be brought:
    1. (1) To charge any executor or administrator upon any special promise to answer any debt or damages out of such person's own estate;
    2. (2) To charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person;
    3. (3) To charge any person upon any agreement made upon consideration of marriage;
    4. (4) Upon any contract for the sale of lands, tenements, or hereditaments, or the making of any lease thereof for a longer term than one (1) year; or
    5. (5) Upon any agreement or contract which is not to be performed within the space of one (1) year from the making of the agreement or contract;
    6. unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing, and signed by the party to be charged therewith, or some other person lawfully authorized by such party. In a contract for the sale of lands, tenements, or hereditaments, the party to be charged is the party against whom enforcement of the contract is sought.
  2. (b)
    1. (1) No action shall be brought against a lender or creditor upon any promise or commitment to lend money or to extend credit, or upon any promise or commitment to alter, amend, renew, extend or otherwise modify or supplement any written promise, agreement or commitment to lend money or extend credit, unless the promise or agreement, upon which such action shall be brought, or some memorandum or note thereof, shall be in writing and signed by the lender or creditor, or some other person lawfully authorized by such lender or creditor.
    2. (2) A promise or commitment described in subdivision (b)(1) need not be signed by the lender or creditor, if such promise or commitment is in the form of a promissory note or other writing that describes the credit or loan and that by its terms:
      1. (A) Is intended by the parties to be signed by the debtor but not by the lender or creditor;
      2. (B) Has actually been signed by the debtor; and
      3. (C) Delivery of which has been accepted by the lender or creditor.
  3. (c) For purposes of this section, a writing, or some memorandum or note thereof, includes a record.
Chapter 3 Abatement of Nuisances
§ 29-3-101. Definitions — Maintenance and abatement of nuisance — Forfeiture of property — Payment of moneys from forfeiture into general funds. [For constitutionality, see Compiler's notes.]
  1. (a) As used herein:
    1. (1) “Lewdness” includes all matter of lewd sexual conduct or live exhibition, and includes, but is not limited to, possession, sale or exhibition of any:
      1. (A) Obscene films or plate positives;
      2. (B) Films designed to be projected upon a screen for exhibition; or
      3. (C) Films or slides, either in negative or positive form, designed for projection on a screen for exhibition;
    2. (2) “Nuisance” means that which is declared to be a nuisance by other statutes, and, in addition, means:
      1. (A) Any place in or upon which lewdness, prostitution, promotion of prostitution, patronizing prostitution, unlawful sale of intoxicating liquors, unlawful sale of any regulated legend drug, narcotic, other controlled substance or controlled substance analogue, any sale or possession with intent to sell of drug paraphernalia, as defined by § 39-17-402, unlawful gambling, any sale, exhibition or possession of any material determined to be obscene or pornographic with intent to exhibit, sell, deliver or distribute matter or materials in violation of §§ 39-17-901 – 39-17-908, § 39-17-911, § 39-17-914, § 39-17-918, or §§ 39-17-1003 – 39-17-1005, quarreling, drunkenness, fighting, breaches of the peace are carried on or permitted, and personal property, contents, furniture, fixtures, equipment and stock used in or in connection with the conducting and maintaining any such place for any such purposes;
      2. (B) A criminal gang, as defined by § 40-35-121(a), that regularly engages in gang related conduct. “Gang related conduct” occurs when one (1) or more criminal gang member or members, as defined by § 40-35-121(a), regularly engages in the following:
        1. (i) Intimidating, harassing, threatening, stalking, provoking or assaulting any person;
        2. (ii) Possessing weapons prohibited under §§ 39-17-1302 and 39-17-1307, knowingly remaining in the presence of anyone who is in possession of such weapons, or knowingly remaining in the presence of such weapons;
        3. (iii) Unlawfully damaging, defacing or marking any public or private property of another or possessing tools for the purpose of unlawfully damaging, defacing or marking any public or private property of another;
        4. (iv) Selling, possessing, manufacturing or using any controlled substance, drug paraphernalia, as defined in § 39-17-402, or controlled substance analogue, as defined in § 39-17-454, knowingly remaining in the presence of anyone selling, possessing, manufacturing or using any controlled substance, controlled substance analogue or drug paraphernalia, knowingly remaining in the presence of any controlled substance, controlled substance analogue or drug paraphernalia, driving under the influence of any controlled substance or controlled substance analogue in violation of § 55-10-401, or being under the influence of any controlled substance or controlled substance analogue in public in violation of § 39-17-310;
        5. (v) Using, consuming, possessing or purchasing alcoholic beverages unlawfully, including, but not limited to, public intoxication in violation of § 39-17-310 or driving under the influence of alcohol in violation of § 55-10-401;
        6. (vi) Criminal trespassing in violation of § 39-14-405;
        7. (vii) Taking any action to recruit gang members or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive to join a gang;
        8. (viii) Taking any action to stop a gang member from leaving a gang or making any threats or promises to shoot, stab, strike, hit, assault, injure, disturb the peace or destroy the personal property of anyone as an incentive not to leave a gang;
        9. (ix) Engaging in a criminal gang offense as defined by § 40-35-121(a);
        10. (x) Disorderly conduct in violation of § 39-17-305; or
        11. (xi) Contributing to or encouraging the delinquency or unruly behavior of a minor in violation of § 37-1-156; or
      3. (C) Any place in or upon which a person knowingly takes, by defrauding, or conspiring or colluding with, the recipient of public assistance benefits funded in whole or in part by the federal government or state of Tennessee, any part of such benefits knowing the person is not authorized or entitled by law to receive the portion of benefits taken;
    3. (3) “Person” means and includes any individual, corporation, association, partnership, trustee, lessee, agent or assignee; and
    4. (4) “Place” means and includes any building, room enclosure or vehicle, or separate part or portion thereof or the ground itself and all the property on which the nuisance is located that is under the ownership, management or control of the violator.
  2. (b) Any person who uses, occupies, establishes or conducts a nuisance, or aids or abets therein, and the owner, agent or lessee of any interest in any such nuisance, together with the persons employed in or in control of any such nuisance by any such owner, agent or lessee, is guilty of maintaining a nuisance and such nuisance shall be abated as provided hereinafter.
  3. (c) All motor vehicles, furnishings, fixtures, equipment, moneys and stock, used in or in connection with the maintaining or conducting of a nuisance, are subject to seizure, immediately upon detection by any law enforcement officer and are subject to forfeiture to the state by order of a court having jurisdiction upon application by any of the officers or persons authorized by § 29-3-102, to bring action for the abatement of such nuisance; provided, that seizure for the possession of obscene matter shall be in accordance with §§ 39-17-901 – 39-17-908 and seizure for violations of §§ 39-17-1003 – 39-17-1005 shall be in accordance with §§ 39-17-1006 and 39-17-1007. Any property so forfeited shall be disposed of by public auction or as otherwise provided by law.
  4. (d) All moneys from such forfeiture and all proceeds realized from the enforcement of this section shall be paid equally into the general funds of the state and the general funds of the political subdivision or other public agency, if any, whose officers made the seizure, except as otherwise provided by law.
  5. (e)
    1. (1) Upon a person's second or subsequent conviction for promoting prostitution or patronizing prostitution, any vehicle in which such offense was committed is subject to seizure and forfeiture in accordance with the procedure established in title 39, chapter 11, part 7; provided, however, that nothing contained within this subsection (e) shall be construed to authorize seizure of such vehicle at any time prior to such conviction.
    2. (2) Subdivision (e)(1) applies only if the violations making the vehicle subject to seizure and forfeiture occur in Tennessee and at least one (1) of the previous violations occurs on or after July 1, 2002, and the second or subsequent offense after July 1, 2002, occurs within five (5) years of the most recent prior offense occurring after July 1, 2002.
§ 29-3-102. Jurisdiction to abate.
  1. The jurisdiction is hereby conferred upon the chancery, circuit, and criminal courts and any court designated as an environmental court pursuant to chapter 426 of the Public Acts of 1991, chapter 212 of the Public Acts of 1993 or chapter 667 of the Public Acts of 2002 to abate the public nuisances defined in § 29-3-101, upon petition in the name of the state, upon relation of the attorney general and reporter, or any district attorney general, or any city or county attorney, or without the concurrence of any such officers, upon the relation of ten (10) or more citizens and freeholders of the county wherein such nuisances may exist, in the manner herein provided.
§ 29-3-103. Filing of bill — Parties.
  1. When a public nuisance, as defined in § 29-3-101, is kept, maintained, carried on, or exists in any county, a bill or petition may be filed in any chancery, circuit, or criminal court of such county, in the name of the state, by and upon the relation of the respective officers or persons named in § 29-3-102, against the person keeping, maintaining, or carrying on such nuisance, and all aiders and abettors therein, and the owners, proprietors, or agents or persons or corporations in charge or control of the building or place wherein such nuisance exists, for the purpose of having such nuisance abated and permanently discontinued. In addition, petitions under this chapter for the abatement of gang related conduct may be brought against the gang itself to which the gang members belong.
§ 29-3-104. Bond of relators.
  1. Where such bill or petition is filed by citizens and freeholders, they shall make bond, in such sum as the judge or chancellor shall prescribe, conditioned to pay all costs and damages in the event the court trying the case shall adjudge that the proceeding was instituted without probable cause; but no bond for costs or damages shall be required where the proceeding is instituted by and upon the relation of the attorney general and reporter or a district attorney general or a county or a city attorney.
§ 29-3-105. Temporary injunction.
  1. (a) In such proceeding, the court, or a judge or chancellor in vacation, shall, upon the presentation of a bill or petition therefor, alleging that the nuisance complained of exists, award a temporary writ of injunction, enjoining and restraining the further continuance of such nuisance, and the closing of the building or place wherein the same is conducted until the further order of the court, judge, or chancellor.
  2. (b) The award of a temporary writ of injunction shall be accompanied by such bond as is required by law in such cases, in case the bill is filed by citizens and freeholders; but no bond shall be required when such is filed by the officers provided for, if it shall be made to appear to the satisfaction of the court, judge or chancellor, by evidence in the form of a due and proper verification of the bill or petition under oath, or of affidavits, depositions, oral testimony, or otherwise, as the complaints or petitioners may elect, that the allegations of such bill or petition are true.
§ 29-3-106. Notice of hearing — Effect of injunction — Ex parte writ.
  1. (a)
    1. (1) Five (5) days' notice in writing shall be given the defendant of the hearing of the application; and if then continued at defendant's instance, the writ as prayed for shall be granted as a matter of course.
    2. (2) Notwithstanding subsection (c), if a defendant, who is the owner of the property and not the person keeping, maintaining, or carrying on the nuisance, demonstrates that the defendant was unaware of the nuisance prior to receiving the notice required by this subsection (a), and that the defendant has voluntarily taken steps after receiving notice to abate the nuisance without the involvement of the court, the court may dismiss the petition or continue the action pending further action by the defendant.
  2. (b) When the injunction shall have been granted, it shall be binding upon the defendant throughout the county until modified or set aside by the court, judge, or chancellor having cognizance of the case; and any violation of the injunction by the defendant, or upon defendant's procurement, shall be a contempt of court and punished as hereinafter provided.
  3. (c) When a bill or petition is made by any of the respective officers named in § 29-3-102 and supported by affidavit that there is probable cause to believe that a public nuisance exists, neither notice of the application nor of the hearing shall be required before the court may grant the writ, ex parte. A hearing shall be conducted within five (5) days following the execution of the writ closing and padlocking the premises, or the writ shall expire. Notice of the hearing shall be given to the defendant. If the defendant seeks to continue the hearing on the temporary injunction beyond the five-day period, the temporary injunction shall remain in effect.
§ 29-3-107. Voluntary dismissal — Substitution of relators.
  1. (a) No such proceeding shall be voluntarily dismissed except upon a written, sworn statement of the relator or relators of the reasons for dismissal.
  2. (b) If such reasons are not satisfactory to the court, or the court shall be of opinion that the proceeding ought not to be dismissed, it may order the same to proceed, and may substitute another relator or relators willing to act as such, either with or without bond, in the court's discretion.
§ 29-3-108. Time of trial.
  1. Proceedings under §§ 29-3-101 — 29-3-111 shall be triable at the first term after due notice or service of process, and shall, in the chancery and circuit courts, be given precedence over all other causes.
§ 29-3-109. Discovery.
  1. Discovery may be permitted under the rules of civil procedure consistent with a scheduling order entered by the court upon motion of any party or upon the court's own initiative. Discovery shall not disrupt the effect of the temporary injunction issued under § 29-3-105 or § 29-3-106, and neither the identity nor the location of a confidential informant used to establish gang membership under § 29-3-101(a)(2) shall be discoverable.
§ 29-3-110. Order of abatement.
  1. (a) If, upon the trial, the existence of the nuisance is established under § 29-3-101(a)(2)(A), an order of abatement shall be entered as part of the judgment or decree of the court, which order shall direct the removal from the building or place where the nuisance exists or is maintained of all means, appliances, fixtures, appurtenances, materials, supplies and instrumentalities used for the purpose of conducting, maintaining or carrying on the unlawful business, occupation, game, practice or device constituting the nuisance; and shall direct the sale thereof, or such portion thereof as may be lawfully sold, upon such terms as the court may order, and the payment of the proceeds into court to be applied to costs or paid over to the owner, and the destruction of such portion thereof, if any, as cannot be lawfully sold within this state; and the judgment or decree shall perpetually enjoin the defendant from engaging in, conducting, continuing, or maintaining the nuisance, directly or indirectly, by the defendant or defendant's agents or representatives, and perpetually forbidding the owner of the building from permitting or suffering the nuisance to be done in the building.
  2. (b)
    1. (1) Upon any hearing or trial, the establishment of a criminal gang as a nuisance under § 29-3-101(a)(2)(B) need only be proven by clear and convincing evidence, notwithstanding any references under this chapter to the criminal code. Neither a criminal conviction nor a finding of juvenile delinquency is required in order to prove, by clear and convincing evidence, that particular conduct is gang related conduct to be abated as a nuisance under this chapter. Gang related conduct to be abated as a nuisance may be proven through the testimony of a fact witness, an expert witness, or a combined fact-expert witness pursuant to the rules of evidence.
    2. (2) If, upon any hearing or trial, the existence of a gang related nuisance is established under § 29-3-101, an order of abatement shall be entered as part of the judgment or decree of the court. That order shall enjoin perpetually the defendant or defendants from engaging in, conducting, continuing, aiding or abetting the nuisance, directly or indirectly.
    3. (3) In addition to the relief permitted in subdivision (b)(2), the court may designate a certain geographically defined area or areas in any temporary or permanent gang injunction, which are narrowly tailored in compliance with prevailing constitutional case law for one (1) or more of the following purposes:
      1. (A) Preventing the gang from gathering in public in groups of two (2) or more members; and
      2. (B) Preventing any gang member from entering any specific public park or parcel of property where the gang has been found to have carried out its operations.
    4. (4) All gang injunctions shall also include an “opt out” provision permitting an individual to seek an order of dismissal from the injunction upon proper application to the court, with thirty (30) days' notice to the petitioner, truthfully stating that the individual renounces involvement with that particular gang, which is the subject of the gang injunction, and for the last two (2) years:
      1. (A) Has not committed any crimes or engaged in any form of criminal conduct, not including any time spent incarcerated;
      2. (B) Has not been in the company, or association, of any person found under this chapter to be a gang member, other than an immediate family member; and
      3. (C) Has not obtained any new gang related tattoos.
  3. (c) In the order of abatement, the court may also assess costs of public services required to abate or manage the nuisance, including, but not limited to, law enforcement costs, if any, caused by the public nuisance. The governmental entity shall submit evidence of such costs to the court.
  4. (d)
    1. (1) Any person who is not specifically named in a gang injunction issued pursuant to subsection (b) may be subject to the injunction by service upon the person of:
      1. (A) A petition by the original petitioner to amend the injunction to specifically include the person; or
      2. (B) A summons and a copy of the injunction.
    2. (2) Service of the petition or summons shall include a date, time, and place of a hearing, where the original petitioner shall be required to show why the person should be subject to the injunction.
    3. (3) A person who is added to the injunction under subdivision (d)(1) shall be subject to § 29-3-111 for any conduct occurring after the date the person is added to the injunction.
    4. (4) A person who is added to the injunction under subdivision (d)(1) shall be afforded the same opt-out provisions under subdivision (b)(4).
  5. (e) No later than April 1 of each year, the commissioner of safety, after consulting with the petitioners where gang injunctions permitted by chapter 865 of the Public Acts of 2014 are in effect, shall submit a detailed, written report to the judiciary committee of the senate and the civil justice committee of the house of representatives regarding the implementation of chapter 865 of the Public Acts of 2014 and containing relevant data for the previous calendar year that shall include, but not be limited to:
    1. (1) The number of injunctions against criminal gangs in effect;
    2. (2) The number of persons charged with violating a gang injunction under § 29-3-111(a);
    3. (3) The number of persons convicted for violating a gang injunction under § 29-3-111(a); and
    4. (4) All criminal charges filed during the previous calendar year against persons specifically named in a gang injunction.
§ 29-3-111. Penalty for violation.
  1. (a) If any person breaks into, enters, or uses any building or place while closed under a preliminary injunction granted under §§ 29-3-101 — 29-3-111, violates any permanent injunction granted under such sections, or knowingly violates any temporary or permanent gang injunction, such person commits a Class C misdemeanor.
  2. (b) As used in this section, “knowingly” refers to the mental state as described in § 39-11-302.
§ 29-3-112. Unlawfully engaging in business or profession.
  1. The carrying on, conducting, or practice of any profession, business, or occupation which is prohibited by law, unless the person so engaging in such profession, business, or occupation is in the possession of or holds a license issued by some board or other authority organized under the laws of the state, by any person not possessed of or holding the required license, is hereby declared to be a public nuisance, and the same may be abated under any procedure now provided by law for the abatement of any public nuisance, and such abatement may be accomplished by injunction.
§ 29-3-113. Relators in abatement of business or occupation.
  1. The writ of injunction provided for in § 29-3-112 may be sued out by the board, or commissioner, charged with the supervision of the particular business or profession; or by any person affected by such nuisance.
§ 29-3-114. Abatement incident to action for damages.
  1. In all suits brought for the recovery of damages resulting from any nuisance, and the finding that the matter complained of is a nuisance, the court exercising a sound discretion may immediately, upon petition of plaintiff, order or decline to order the nuisance to be abated.
§ 29-3-115. Proof in action for damages.
  1. On the trial of such action for the recovery of damages, either party may show by proof the extent, if any, of the injury or injuries complained of, and how the alleged nuisance is caused or originated.
Chapter 4 Agreed Cases
§ 29-4-101. Agreement to submit — Court to which submitted.
  1. The same parties who are entitled to enter into an agreement of submission to arbitration, and including contestants' titles to real property, may, in like manner, with or without action brought, agree upon a case containing the facts upon which the controversy depends, and submit the same to the circuit or chancery court of the county in which either of the parties resides, or in which a suit might have been brought to determine such controversy.
§ 29-4-102. Real controversy.
  1. It must appear by the affidavit of the parties, or their attorneys, that the controversy is real, and the proceeding in good faith, to determine the rights of the parties.
§ 29-4-103. Costs.
  1. The parties shall give bond and security for the costs of an agreed case, unless they pay the clerk's fees and state tax in advance; and all costs incurred shall be borne equally by the parties, unless they agree that the costs shall abide the event of the cause.
§ 29-4-104. Judgment — Jurisdiction.
  1. The judgment or decree shall be entered as in other cases, and no objection shall lie to the jurisdiction of the circuit or chancery court, whether the matter be of legal or equitable cognizance.
§ 29-4-105. Appeal.
  1. The parties to submission and agreed cases are entitled to all the benefits of the proceedings for the correction of errors.
Chapter 5 Arbitration
Part 1 General Provisions
§ 29-5-101. Subjects of arbitration.
  1. All causes of action, whether there be a suit pending therefor or not, may be submitted to the decision of one (1) or more arbitrators, except in one (1) of the following cases:
    1. (1) Where one (1) of the parties to the controversy is an infant or a person adjudicated incompetent;
    2. (2) One (1) respecting a claim to an estate in real property, in fee or for life. Not included in the exception are:
      1. (A) A controversy in regard to an estate or term for one (1) year or less or of years not exceeding five (5); or
      2. (B) Respecting the partition of real property, or the boundaries of lands.
§ 29-5-102. Scope of submission.
  1. The submission may be of some particular matters or demands, or of all demands which one (1) party has against the other, or of all mutual demands.
§ 29-5-103. Parties entitled to submit.
  1. The submission may be made by any party in interest, or by an executor, administrator, trustee, or assignee for creditors.
§ 29-5-104. Contents of agreement — Court of entry.
  1. (a) The submission shall be by written agreement, general or special, specifying what demands are to be submitted, the names of the arbitrators or the manner of their selection, but not necessarily that of the umpire, and the court by which the judgment on their award is to be rendered, and if such written agreement requires one (1) of the parties to name an arbitrator and such party fails to do so, the court by which the judgment on the award is to be rendered shall on such failure so to name an arbitrator, upon the petition of the opposite party, appoint such arbitrator.
  2. (b) The agreement may specify that the submission be entered of record in any court of law or equity, or, in cases within its jurisdiction, before a judge of the court of general sessions.
§ 29-5-105. Entry of agreement — Order of submission.
  1. On proof of such agreement, or by consent of parties in person or by counsel, it shall be entered in the proceedings of the court or on the docket of the judge, and an order made that the parties submit to the award, which shall be made in pursuance of such agreement. Upon such proof or consent, the judge may, in vacation, make upon the agreement the order mentioned in this section, and such order shall have the same force and effect as if made in term.
§ 29-5-106. Irrevocability of submission.
  1. No such submission shall be revocable after the submission agreement is signed by the parties or entered of record, without leave of the court, except by mutual consent entered of record.
§ 29-5-107. Notice of hearing — Continuances.
  1. (a) The arbitrators shall give notice of the time and place of the hearing, which notice shall be served or accepted at least five (5) days before the day set for trial.
  2. (b) They, or a majority of them, may grant continuances upon their own motion or upon application of either party for good cause shown, but not to a day beyond the time set for the rendering of the final award unless an extension is granted by court or expressly agreed to in writing by the parties or their attorneys.
§ 29-5-108. Failure of parties to appear.
  1. If either party neglects to appear for trial after due notice, except on account of sickness or unavoidable absence, the arbitrators may proceed to a hearing and determination.
§ 29-5-109. Evidence and witnesses.
  1. (a) In all submission cases, depositions may be taken to be used before the arbitrators, and witnesses may be summoned by subpoena, to be issued by the clerk of the court as in other cases.
  2. (b) These witnesses may be sworn by any arbitrator, or umpire, and, if guilty of false swearing, they are liable to all the penalties of perjury, as if sworn in court.
  3. (c) Witnesses are also subject to all the penalties prescribed by law, for failing to attend and give testimony, in pursuance of the subpoena, as well as in damages to the party injured by their default; and, on the other hand, they are entitled to like privileges and like compensation as other witnesses. The forfeiture shall be enforced as provided in § 24-2-103.
§ 29-5-110. Umpire.
  1. (a) Where, and only where, the submission expressly so provides may an umpire be appointed by the arbitrators; the same to be done by them in writing.
  2. (b) The umpire shall sit with the original arbitrators upon the hearing; if testimony has been taken before the umpire's appointment, the matter must be reheard unless a rehearing is waived in the original submission or by subsequent written consent of the parties.
  3. (c) One (1) or more points in dispute may be referred to an umpire.
§ 29-5-111. Time of filing award.
  1. (a) If the time within which the award is to be made is fixed in the submission, no award made after that time shall have any legal effect, unless made upon a recommitment by the court; the court or parties by consent in writing may, however, enlarge the time within which an award is to be made.
  2. (b) If the time of filing the award is not fixed in the submission, it shall be filed within eight (8) months from the time such submission is signed, unless by mutual consent the time is prolonged.
§ 29-5-112. Transmission of award to court.
  1. The award shall be in writing, and should be delivered by the umpire or one (1) of the arbitrators to the court designated in the agreement, or it may be enclosed and sealed by them, and transmitted to the court, and not opened until the court orders.
§ 29-5-113. Time of action on award.
  1. The cause will be entered on the docket and called up and acted upon in its order; but the court may require actual notice to be given either party, when it appears necessary and proper, before proceeding to act on the award.
§ 29-5-114. Rejection or recommittal.
  1. The award may be rejected by the court for any legal and sufficient reasons, or it may be recommitted for a rehearing to the same or any other arbitrators agreed upon by the parties in writing.
§ 29-5-115. Modification of award.
  1. The court is empowered, on motion of either party, to correct or modify the award:
    1. (1) Where there is manifest a miscalculation of figures, or a mistake in the description of any person, thing or property referred to in the award;
    2. (2) Where there has been covered in the award a matter not submitted, if not merely incident, not affecting the merits of matters submitted;
    3. (3) Where the award is defective or imperfect in a matter of form not affecting the merits; and
    4. (4) To effect the true and just intent thereof.
§ 29-5-116. Compensation of arbitrators and umpire.
  1. Arbitrators and the umpire, if one, shall be entitled to five dollars ($5.00) for each day they were actually engaged in their duties, or to such greater sum as the parties may have in the submission agreed, or as they may in subsequent writing stipulate.
§ 29-5-117. Costs.
  1. If there is no provision in the submission respecting costs, the arbitrators, or the court, may apportion and tax same. The court is empowered to revise any apportionment or taxation made by the arbitrators.
§ 29-5-118. Judgment on award.
  1. When the award is adopted, it is filed and entered on the records, and judgment shall be rendered including costs and fees to the arbitrators and any umpire, and execution or other necessary process awarded accordingly.
§ 29-5-119. Common law awards.
  1. Awards of arbitrators under agreements not reached in pursuance of this chapter may nevertheless be valid, as contracts, impeachable for fraud or mistake; but such awards may only be enforced by independent actions.
Part 2 Cotton Arbitration
§ 29-5-201. Short title.
  1. This part shall be known and may be cited as the “Cotton Arbitration Act.”
§ 29-5-202. Enforceability of agreement to submit to arbitration.
  1. (a) A written agreement to submit any existing controversy within or related to the cotton industry to arbitration or a provision in a written contract, except a forward crop contract, to submit to arbitration any controversy within or related to the cotton industry thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.
  2. (b) As used in this part:
    1. (1) “Any controversy within or related to the cotton industry” includes, but is not limited to, any controversy arising from, connected with, or in any way relating to the sale, purchase, pledge, hypothecation, or exchange of, or other transaction in cotton;
    2. (2) “Court” means any court of competent jurisdiction of this state. Any agreement made in conformity with subsection (a) in this state confers jurisdiction on the court to enforce an agreement under this part and to enter judgment or an award thereunder; and
    3. (3) “Forward crop contract” means a contract for the sale of a cotton crop or crops which have not been harvested at the time of execution of the contract if the cotton is to be produced by the seller or seller's agents, and if the obligation to deliver is excused upon seller's failure, after good faith effort, to produce the crop or crops sold.
  3. (c) This part shall not apply to any controversy within or related to the cotton industry if any party involved in such controversy is a cotton farmer or cotton ginner.
§ 29-5-203. Court order for arbitration.
  1. (a) On application of a party showing an agreement described in § 29-5-202, and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party; otherwise, the application shall be denied.
  2. (b) On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.
  3. (c) If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under subsection (a), the application shall be made therein. Otherwise and subject to § 29-5-218, the application may be made in any court of competent jurisdiction.
  4. (d) Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under this section or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.
  5. (e) An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or bona fides or because any fault or grounds for the claim sought to be arbitrated have not been shown.
§ 29-5-204. Appointment of arbitrators.
  1. If the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and the arbitrator's successor has not been duly appointed, the court on application of a party shall appoint one (1) or more arbitrators. An arbitrator so appointed has all the powers of one specially named in the agreement.
§ 29-5-205. Majority of arbitrators exercise powers.
  1. The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this part.
§ 29-5-206. Hearings.
  1. Unless otherwise provided by the agreement:
    1. (1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five (5) days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or, upon their own motion, may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced, notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy;
    2. (2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing;
    3. (3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award, unless the agreement provides otherwise. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
§ 29-5-207. Representation by attorney.
  1. A party has the right to be represented by an attorney at any proceeding or hearing under this part. A waiver thereof prior to the proceeding or hearing is ineffective.
§ 29-5-208. Attendance of witnesses — Production of records and documents — Oaths — Depositions.
  1. (a) The arbitrators may cause to be issued, by the clerk of the court, subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action.
  2. (b) On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing.
  3. (c) All laws compelling a person under subpoena to testify are applicable.
  4. (d) Fees for attendance as a witness shall be the same as for a witness in circuit courts.
§ 29-5-209. Award made by arbitrators.
  1. (a) The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered mail, or as provided in the agreement.
  2. (b) An award shall be made within the time fixed therefor by the agreement or, if not so fixed, within such time as the court orders on application of a party. The parties may extend the time in writing either before or after the expiration thereof. A party waives the objection that an award was not made within the time required unless the party notifies the arbitrators of that party's objection prior to the delivery of the award to the other party.
§ 29-5-210. Review of award.
  1. (a) On application of a party or, if an application to the court is pending under § 29-5-212, § 29-5-213 or § 29-5-214, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in § 29-5-214(a)(1) and (3), or for the purpose of clarifying the award.
  2. (b) The application shall be made within twenty (20) days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that the opposing party must serve objections thereto, if any, within ten (10) days from the notice.
  3. (c) The award so modified or corrected is subject to § 29-5-212, § 29-5-213 or § 29-5-214.
§ 29-5-211. Expenses, costs and fees.
  1. Unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including attorney fees, incurred in the conduct of the arbitration, shall be paid as provided in the award.
§ 29-5-212. Confirmation of award.
  1. Upon application of a party the court shall confirm an award, unless within the time limits hereinafter imposed, grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 29-5-213 and 29-5-214.
§ 29-5-213. Vacation of award.
  1. (a) Upon application of a party, the court shall vacate an award where:
    1. (1) The award was procured by corruption, fraud or other undue means;
    2. (2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;
    3. (3) The arbitrators exceeded their powers;
    4. (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to § 29-5-206, as to prejudice substantially the rights of a party; or
    5. (5) There was no arbitration agreement and the issue was not adversely determined in proceedings under § 29-5-203 and the party did not participate in the arbitration hearing without raising the objection; but the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.
  2. (b) An application under this section shall be made within ninety (90) days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety (90) days after such grounds are known or should have been known.
  3. (c) In vacating the award on grounds other than stated in subdivision (a)(5) the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with § 29-5-204, or, if the award is vacated on grounds set forth in subdivisions (a)(3) and (4), the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 29-5-204. The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.
  4. (d) If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
§ 29-5-214. Modification or correction of award.
  1. (a) Upon application made within ninety (90) days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:
    1. (1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing or property referred to in the award;
    2. (2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or
    3. (3) The award is imperfect in a matter of form, not affecting the merits of the controversy.
  2. (b) If the application is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.
  3. (c) An application to modify or correct an award may be joined in the alternative with an application to vacate the award.
§ 29-5-215. Judgment or decree — Costs — Enforcement.
  1. (a) Upon the granting of an order confirming, modifying or correcting an award, judgment or decree shall be entered in conformity therewith and be enforced as any other judgment or decree.
  2. (b) Costs of the application and of the proceedings subsequent thereto, and disbursements may be awarded by the court.
§ 29-5-216. Judgment roll — Docketing judgment.
  1. (a) On entry of the judgment or decree, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following:
    1. (1) The agreement and each written extension of the time within which to make the award;
    2. (2) The award;
    3. (3) A copy of the order confirming, modifying or correcting the award; and
    4. (4) A copy of the judgment or decree.
  2. (b) The judgment or decree may be docketed as if rendered in an action.
§ 29-5-217. Application for court order — Procedure — Notice.
  1. Except as otherwise provided, an application to the court under this part shall be by motion and shall be heard in the manner and upon the notice provided by law or rule of court for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in an action.
§ 29-5-218. Venue.
  1. (a) An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if the adverse party has no residence or place of business in this state, to the court of any county.
  2. (b) All subsequent applications shall be made to the court hearing the initial application unless the court otherwise directs.
§ 29-5-219. Appeals.
  1. (a) An appeal may be taken from:
    1. (1) An order denying an application to compel arbitration made under § 29-5-203;
    2. (2) An order granting an application to stay arbitration made under § 29-5-203(b);
    3. (3) An order confirming or denying confirmation of an award;
    4. (4) An order modifying or correcting an award;
    5. (5) An order vacating an award without directing a rehearing; or
    6. (6) A judgment or decree entered pursuant to this part.
  2. (b) The appeal shall be taken in the manner and to the same extent as from orders of judgments in a civil action.
§ 29-5-220. Foreign arbitration hearings or awards.
  1. (a) Notwithstanding any other law to the contrary, the court shall not confirm an award under § 29-5-212 or enter judgment or decree in conformity therewith under § 29-5-215 where the arbitration hearing or award was made outside of the United States and its territories and the foreign state wherein the award was made does not grant reciprocity in recognition and enforcement of arbitration awards made in the United States or its territories.
  2. (b) The prohibition set forth in subsection (a) shall not apply where the party seeking confirmation under § 29-5-212, or entry of judgment or decree under § 29-5-215, and the real party in interest benefited by the award is a citizen of the United States.
§ 29-5-221. Application of law.
  1. This part shall apply only to agreements made subsequent to July 1, 1977.
Part 3 Uniform Arbitration Act
§ 29-5-301. Short title.
  1. This part is known and may be cited as the “Uniform Arbitration Act.”
§ 29-5-302. Part definitions.
  1. As used in this part:
    1. (1) “Arbitration organization” means an association, agency, board, commission, or other entity that is neutral and initiates, sponsors, or administers an arbitration proceeding or is involved in the appointment of an arbitrator;
    2. (2) “Arbitrator” means an individual appointed to render an award, alone or with others, in a controversy that is subject to an agreement to arbitrate;
    3. (3) “Court” means a court of competent jurisdiction in this state;
    4. (4) “Knowledge” means actual knowledge;
    5. (5) “Person” means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or another legal or commercial entity; and
    6. (6) “Record” means information that:
      1. (A) Is inscribed on a tangible medium; or
      2. (B) Is stored in an electronic or other medium and is retrievable in perceivable form.
§ 29-5-303. Notice.
  1. (a) Except as otherwise provided in this part, a person gives notice to another person by taking action that is reasonably necessary to inform the other person in ordinary course. A form of notice that is specified by the agreement to arbitrate or the rules of an arbitration organization specified in the agreement to arbitrate, is conclusively presumed reasonable.
  2. (b) A person has notice if the person has knowledge of the notice or has received notice.
  3. (c) A person receives notice when the notice comes to the person's attention, or the notice is delivered at the person's place of residence or place of business, or at another location held out by the person as a place of delivery of the communications.
§ 29-5-304. Applicability of the part.
  1. (a) This part governs an agreement to arbitrate made on or after July 1, 2023.
  2. (b) This part governs an agreement to arbitrate made before July 1, 2023, if all the parties to the agreement or to the arbitration proceeding so agree in a record.
  3. (c) On or after July 1, 2023, this part governs an agreement to arbitrate whenever made.
§ 29-5-305. Effect of agreement to arbitrate — Nonwaivable provisions.
  1. (a) Except as otherwise provided in subsections (b) and (c), a party to an agreement to arbitrate or to an arbitration proceeding may waive or, the parties may vary the effect of, the requirements of this part to the extent permitted by law.
  2. (b) Before a controversy arises that is subject to an agreement to arbitrate, a party to the agreement shall not:
    1. (1) Waive or agree to vary the effect of the requirements of § 29-5-306(a), § 29-5-307(a), § 29-5-309, § 29-5-318(a) or (b), § 29-5-327, or § 29-5-329;
    2. (2) Agree to unreasonably restrict the right under § 29-5-310 to notice of the initiation of an arbitration proceeding;
    3. (3) Agree to unreasonably restrict the right under § 29-5-313 to disclosure of facts by a neutral arbitrator; or
    4. (4) Waive the right under § 29-5-317 of a party to an agreement to arbitrate to be represented by a lawyer at a proceeding or hearing under this part, but an employer or a labor organization may waive the right to representation by a lawyer in a labor arbitration.
  3. (c) A party to an agreement to arbitrate or arbitration proceeding shall not waive, or the parties shall not vary the effect of, the requirements of this section or § 29-5-304(a) or (c), § 29-5-308, § 29-5-315, § 29-5-319, § 29-5-321(d) or (e), § 29-5-323, § 29-5-324, § 29-5-325, § 29-5-326(a) or (b), § 29-5-330, § 29-5-331, § 29-5-332, or § 29-5-333.
§ 29-5-306. Application for judicial relief.
  1. (a) Except as otherwise provided in § 29-5-329, an application for judicial relief under this part must be made by petition to the court and heard in the manner provided by law or rule of court for making and hearing motions.
  2. (b) Unless a civil action involving the agreement to arbitrate is pending, notice of an initial petition to the court under this part must be served in the manner provided by law for the service of a summons in a civil action. Otherwise, notice of the motion must be given in the manner provided by law or rule of court for serving motions in pending cases.
§ 29-5-307. Validity of agreement to arbitrate.
  1. (a) An agreement contained in a record to submit to arbitration an existing or subsequent controversy arising between the parties to the agreement is valid, enforceable, and irrevocable, except upon a ground that exists at law or in equity for the revocation of a contract.
  2. (b) The court shall decide whether an agreement to arbitrate exists or a controversy is subject to an agreement to arbitrate.
  3. (c) An arbitrator shall decide whether a condition precedent to arbitrability has been fulfilled and whether a contract containing a valid agreement to arbitrate is enforceable.
  4. (d) If a party to a judicial proceeding challenges the existence of, or claims that a controversy is not subject to, an agreement to arbitrate, then the arbitration proceeding may continue pending final resolution of the issue by the court, unless the court otherwise orders.
§ 29-5-308. Motion to compel or stay arbitration.
  1. (a) On motion of a person showing an agreement to arbitrate and alleging another person's refusal to arbitrate pursuant to the agreement:
    1. (1) If the refusing party does not appear or does not oppose the motion, then the court must order the parties to arbitrate; and
    2. (2) If the refusing party opposes the motion, then the court must proceed summarily to decide the issue and order the parties to arbitrate, unless the court finds that there is no enforceable agreement to arbitrate.
  2. (b) On motion of a person alleging that an arbitration proceeding has been initiated or threatened but that there is no agreement to arbitrate, the court shall proceed summarily to decide the issue. If the court finds that there is an enforceable agreement to arbitrate, then the court shall order the parties to arbitrate.
  3. (c) If the court finds that there is no enforceable agreement, then the court must not order the parties to arbitrate pursuant to subsection (a) or (b).
  4. (d) The court shall not refuse to order arbitration because the claim subject to arbitration lacks merit or grounds for the claim have not been established.
  5. (e) If a proceeding involving a claim referable to arbitration under an alleged agreement to arbitrate is pending in court, then a motion under this section must be made in that court. Otherwise a motion under this section must be made in a court as provided in § 29-5-328.
  6. (f) If a party makes a motion to the court to order arbitration, then the court on just terms must stay a judicial proceeding that involves a claim alleged to be subject to the arbitration until the court renders a final decision under this section.
  7. (g) If the court orders arbitration, then the court on just terms must stay a judicial proceeding that involves a claim subject to the arbitration. If a claim subject to the arbitration is severable, then the court may limit the stay to that claim.
§ 29-5-309. Provisional remedies.
  1. (a) Before an arbitrator is appointed and is authorized and able to act, the court, upon a motion of a party to an arbitration proceeding and for good cause shown, may enter an order for provisional remedies to protect the effectiveness of the arbitration proceeding to the same extent, and under the same conditions, as if the controversy were the subject of a civil action.
  2. (b) After an arbitrator is appointed and is authorized and able to act:
    1. (1) The arbitrator may issue orders for provisional remedies, including interim awards, as the arbitrator finds necessary to protect the effectiveness of the arbitration proceeding and to promote the fair and expeditious resolution of the controversy, to the extent permitted by the agreement to arbitrate or by the rules of an arbitration organization provided in the agreement; and
    2. (2) A party to an arbitration proceeding may move the court for a provisional remedy only if the matter is urgent and the arbitrator is not able to act timely or the arbitrator cannot provide an adequate remedy. The provisional remedy is limited to remedies calculated to preserve the parties' status quo pending appointment of and action by the arbitrator.
  3. (c) A party does not waive a right of arbitration by making a motion under subsection (a) or (b).
§ 29-5-310. Initiation of arbitration.
  1. (a) A person initiates an arbitration proceeding by giving notice in a record to the other parties to the agreement to arbitrate in the agreed manner between the parties or, in the absence of agreement, by certified or registered mail, return receipt requested and obtained, or by service as authorized for the commencement of a civil action. The notice must describe the nature of the controversy and the remedy sought.
  2. (b) Unless a person objects for lack or insufficiency of notice under § 29-5-316(c) no later than the beginning of the arbitration hearing, the person, by appearing at the hearing, waives an objection to lack of or insufficiency of notice.
§ 29-5-311. Consolidation of separate arbitration proceedings.
  1. (a) Class or collective arbitrations in any case governed by this chapter shall not be permitted, unless the agreements to arbitrate of all parties to be joined expressly permit the arbitrator or arbitrators to entertain such actions. In cases where class or collective arbitration is permitted, the arbitrator or arbitrators shall have the authority specified in this section. Nothing in this section prohibits the consolidation of proceedings in cases where all affected parties expressly agree to consolidation; provided, consolidation is not prohibited by the parties' agreement as provided in subsection (d).
  2. (b) Except as otherwise provided in subsection (d), upon a motion of a party to an agreement to arbitrate or to an arbitration proceeding, the court may order consolidation of separate arbitration proceedings as to all or some of the claims, if:
    1. (1) There are separate agreements to arbitrate or separate arbitration proceedings between the same persons or one (1) of them is a party to a separate agreement to arbitrate or a separate arbitration proceeding with a third person;
    2. (2) The claims subject to the agreements to arbitrate arise in substantial part from the same transaction or series of related transactions;
    3. (3) The existence of a common issue of law or fact creates the possibility of conflicting decisions in the separate arbitration proceedings; and
    4. (4) Prejudice resulting from a failure to consolidate is not outweighed by the risk of undue delay or prejudice to the rights of, or hardship to, parties opposing consolidation.
  3. (c) The court may order consolidation of separate arbitration proceedings as to some claims and allow other claims to be resolved in separate arbitration proceedings.
  4. (d) The court shall not order consolidation of the claims of a party to an agreement to arbitrate if the agreement prohibits consolidation.
§ 29-5-312. Appointment of arbitrator — Service as a neutral arbitrator.
  1. (a) If the parties to an agreement to arbitrate agree on a method for appointing an arbitrator, then that method must be followed, unless the method fails. If the parties have not agreed on a method, the agreed method fails, or an arbitrator appointed fails or is unable to act and a successor has not been appointed, then the court, on a motion of a party to the arbitration proceeding, must appoint the arbitrator. An arbitrator so appointed has all the powers of an arbitrator designated in the agreement to arbitrate or appointed pursuant to the agreed method.
  2. (b) An individual who has a known, direct, and material interest in the outcome of the arbitration proceeding or a known, existing, and substantial relationship with a party shall not serve as an arbitrator required by an agreement to be neutral.
§ 29-5-313. Disclosure by arbitrator.
  1. (a) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable inquiry, shall disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:
    1. (1) A financial or personal interest in the outcome of the arbitration proceeding; and
    2. (2) An existing or past relationship with the parties to the agreement to arbitrate or the arbitration proceeding, the parties' counsel or representatives, a witness, or other arbitrators.
  2. (b) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration proceeding and to other arbitrators facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
  3. (c) If an arbitrator discloses a fact required by subsection (a) or (b) to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, then the objection may be a ground under § 29-5-324(a)(2) for vacating an award made by the arbitrator.
  4. (d) If the arbitrator did not disclose a fact as required by subsection (a) or (b), upon timely objection by a party, then the court under § 29-5-324(a)(2) may vacate an award.
  5. (e) An arbitrator appointed as a neutral arbitrator who does not disclose a known, direct, and material interest in the outcome of the arbitration proceeding, or a known, existing, and substantial relationship with a party, is presumed to act with evident partiality under § 29-5-324(a)(2).
  6. (f) If the parties to an arbitration proceeding agree to the procedures of an arbitration organization or other procedures for challenges to arbitrators before an award is made, then substantial compliance with those procedures is a condition precedent to a motion to vacate an award on that ground under § 29-5-324(a)(2).
§ 29-5-314. Action by majority.
  1. If there is more than one (1) arbitrator, then the powers of an arbitrator must be exercised by a majority of the arbitrators, and all of them must conduct the hearing under § 29-5-316(c).
§ 29-5-315. Immunity of arbitrator — Competency to testify — Attorney's fees and costs.
  1. (a) An arbitrator or an arbitration organization acting in that capacity is immune from civil liability to the same extent as a judge of a court of this state acting in a judicial capacity.
  2. (b) The immunity afforded by this section supplements immunity afforded under other law.
  3. (c) The failure of an arbitrator to make a disclosure required by § 29-5-313 does not cause a loss of immunity under this section.
  4. (d) In a judicial, administrative, or similar proceeding, an arbitrator or representative of an arbitration organization is not competent to testify, and is not required to produce records as to statements, conduct, decisions, or rulings occurring during the arbitration proceeding, to the same extent as a judge of a court of this state acting in a judicial capacity. This subsection (d) does not apply:
    1. (1) To the extent necessary to determine the claim of an arbitrator, arbitration organization, or representative of the arbitration organization against a party to the arbitration proceeding; or
    2. (2) To a hearing on a motion to vacate an award under § 29-5-324(a)(1) or (2) if the movant establishes prima facie that a ground for vacating the award exists.
  5. (e) If a person commences a civil action against an arbitrator, arbitration organization, or representative of an arbitration organization arising from the services of the arbitrator, organization, or representative, or if a person seeks to compel an arbitrator or a representative of an arbitration organization to testify or produce records in violation of subsection (d), and the court decides that the arbitrator, arbitration organization, or representative of an arbitration organization is immune from civil liability or that the arbitrator or representative of the organization is not competent to testify, then the court must award to the arbitrator, organization, or representative reasonable attorney's fees and other reasonable expenses of litigation.
§ 29-5-316. Arbitration process.
  1. (a) An arbitrator may conduct an arbitration in the manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of evidence.
  2. (b) An arbitrator may decide a request for summary disposition of a claim or particular issue:
    1. (1) If all interested parties agree; or
    2. (2) Upon request of one (1) party to the arbitration proceeding, if that party gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.
  3. (c) If an arbitrator orders a hearing, then the arbitrator must set a time and place and give notice of the hearing no less than five (5) days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice no later than the beginning of the hearing, the party's appearance at the hearing waives the objection. Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator's own initiative, the arbitrator may adjourn the hearing from time to time as necessary but shall not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award, unless the parties to the arbitration proceeding consent to a later date. The arbitrator may hear and decide the controversy upon the evidence produced, although a party who was duly notified of the arbitration proceeding did not appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
  4. (d) At a hearing under subsection (c), a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
  5. (e) If an arbitrator ceases or is unable to act during the arbitration proceeding, then a replacement arbitrator must be appointed in accordance with § 29-5-312 to continue the proceeding and to resolve the controversy.
§ 29-5-317. Representation by lawyer.
  1. A party to an arbitration proceeding may be represented by a lawyer.
§ 29-5-318. Witnesses — Subpoenas — Depositions — Discovery.
  1. (a) An arbitrator may issue a subpoena for the attendance of a witness, and for the production of records and other evidence at a hearing, and may administer oaths. A subpoena must be served in the manner for service of subpoenas in a civil action and, upon a motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.
  2. (b) In order to make the proceedings fair, expeditious, and cost effective, upon request of a party to, or a witness in, an arbitration proceeding, an arbitrator may permit a deposition of a witness to be taken for use as evidence at the hearing, including a witness who cannot be subpoenaed for, or is unable to attend, a hearing. The arbitrator shall determine the conditions under which the deposition is taken.
  3. (c) An arbitrator may permit discovery as the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration proceeding and other affected persons and the desirability of making the proceeding fair, expeditious, and cost effective.
  4. (d) If an arbitrator permits discovery under subsection (c), then the arbitrator may order a party to the arbitration proceeding to comply with the arbitrator's discovery-related orders, issue subpoenas for the attendance of a witness and for the production of records and other evidence at a discovery proceeding, and take action against a noncomplying party to the extent a court could if the controversy were the subject of a civil action in this state.
  5. (e) An arbitrator may issue a protective order to prevent the disclosure of privileged information, confidential information, trade secrets, and other information protected from disclosure to the extent a court could if the controversy were the subject of a civil action in this state.
  6. (f) All laws compelling a person under subpoena to testify, and all fees for attending a judicial proceeding, a deposition, or a discovery proceeding as a witness, apply to an arbitration proceeding as if the controversy were the subject of a civil action in this state.
  7. (g) The court may enforce a subpoena or discovery-related order for the attendance of a witness within this state and for the production of records and other evidence issued by an arbitrator in connection with an arbitration proceeding in another state upon conditions determined by the court so as to make the arbitration proceeding fair, expeditious, and cost effective. A subpoena or discovery-related order issued by an arbitrator in another state must be served in the manner provided by law for service of subpoenas in a civil action in this state and, upon a motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner provided by law for enforcement of subpoenas in a civil action in this state.
§ 29-5-319. Judicial enforcement of pre-award ruling by arbitrator.
  1. If an arbitrator makes a pre-award ruling in favor of a party to the arbitration proceeding, then the party may request the arbitrator to incorporate the ruling into an award under § 29-5-320. A prevailing party may make a motion to the court for an expedited order to confirm the award under § 29-5-323, in which case the court shall summarily decide the motion. The court shall issue an order to confirm the award, unless the court vacates, modifies, or corrects the award under § 29-5-324 or § 29-5-325.
§ 29-5-320. Award.
  1. (a) An arbitrator shall make a record of an award. The record must be signed or otherwise authenticated by an arbitrator who concurs with the award. The arbitrator or the arbitration organization shall give notice of the award, including a copy of the award, to each party to the arbitration proceeding.
  2. (b) An award must be made within the time specified by the agreement to arbitrate or, if not specified in the agreement, within the time ordered by the court. The court may extend, or the parties to the arbitration proceeding may agree in a record, to extend the time. The court or the parties may do so within or after the time specified or ordered. A party waives an objection that an award was not timely made, unless the party gives notice of the objection to the arbitrator before receiving notice of the award.
§ 29-5-321. Change of award by arbitrator.
  1. (a) On a motion to an arbitrator by a party to an arbitration proceeding, the arbitrator may modify or correct an award:
    1. (1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3);
    2. (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
    3. (3) To clarify the award.
  2. (b) A motion under subsection (a) must be made and notice given to all parties within twenty (20) days after the movant receives notice of the award.
  3. (c) A party to the arbitration proceeding shall give notice of an objection to the motion within ten (10) days after receipt of the notice.
  4. (d) If a motion to the court is pending under § 29-5-323, § 29-5-324, or § 29-5-325, then the court may submit the claim to the arbitrator to consider whether to modify or correct the award:
    1. (1) Upon a ground stated in § 29-5-325(a)(1) or (a)(3);
    2. (2) Because the arbitrator has not made a final and definite award upon a claim submitted by the parties to the arbitration proceeding; or
    3. (3) To clarify the award.
  5. (e) An award modified or corrected pursuant to this section is subject to §§ 29-5-320(a), 29-5-323, 29-5-324, and 29-5-325.
§ 29-5-322. Remedies — Fees, and expenses of arbitration proceeding.
  1. (a) In all cases in which the agreement of the parties does not exclude the seeking of punitive damages, an arbitrator may award punitive damages or other exemplary relief, if the award is authorized by law in a civil action involving the same claim and the evidence produced at the hearing justifies the award under the legal standards otherwise applicable to the claim.
  2. (b) An arbitrator may award reasonable attorney's fees and other reasonable expenses of arbitration, if the award is authorized by law in a civil action involving the same claim or by the agreement of the parties to the arbitration proceeding.
  3. (c) As to all remedies other than those authorized by subsections (a) and (b), an arbitrator may order remedies as the arbitrator considers just and appropriate under the circumstances of the arbitration proceeding. The fact that a remedy could not or would not be granted by the court is not a ground for refusing to confirm an award under § 29-5-323 or for vacating an award under § 29-5-324.
  4. (d) An arbitrator's expenses and fees, together with other expenses, must be paid as provided in the award.
  5. (e) If an arbitrator awards punitive damages or other exemplary relief under subsection (a), then the arbitrator must specify in the award the basis in fact justifying, and the basis in law authorizing, the award and state separately the amount of the punitive damages or other exemplary relief.
§ 29-5-323. Confirmation of award.
  1. After a party to an arbitration proceeding receives notice of an award, the party may make a motion or petition to the court for an order confirming the award, at which time, the court must issue a confirming order, unless the award is modified or corrected pursuant to § 29-5-321 or § 29-5-325, or is vacated pursuant to § 29-5-324.
§ 29-5-324. Vacating award.
  1. (a) Upon a motion to the court by a party to an arbitration proceeding, the court shall vacate an award made in the arbitration proceeding if:
    1. (1) The award was procured by corruption, fraud, or other undue means;
    2. (2) There was:
      1. (A) Evident partiality by an arbitrator appointed as a neutral arbitrator;
      2. (B) Corruption by an arbitrator; or
      3. (C) Misconduct by an arbitrator prejudicing the rights of a party to the arbitration proceeding;
    3. (3) An arbitrator refused to postpone the hearing upon showing of sufficient cause for postponement, refused to consider evidence material to the controversy, or otherwise conducted the hearing contrary to § 29-5-316, so as to prejudice substantially the rights of a party to the arbitration proceeding;
    4. (4) An arbitrator exceeded the arbitrator's powers;
    5. (5) There was no agreement to arbitrate, unless the person participated in the arbitration proceeding without raising the objection under § 29-5-316(c) no later than the beginning of the arbitration hearing; or
    6. (6) The arbitration was conducted without proper notice of the initiation of an arbitration as required in § 29-5-310 so as to prejudice substantially the rights of a party to the arbitration proceeding.
  2. (b) A motion under this section must be filed within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320, or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321, unless the movant alleges that the award was procured by corruption, fraud, or other undue means, in which case, the motion must be made within ninety (90) days after the ground is known or by the exercise of reasonable care would have been known by the movant.
  3. (c) If the court vacates an award on a ground other than that set forth in subdivision (a)(5), then the court may order a rehearing. If the award is vacated on a ground stated in subdivision (a)(1) or (a)(2), then the rehearing must be before a new arbitrator. If the award is vacated on a ground stated in subdivision (a)(3), (a)(4), or (a)(6), then the rehearing may be before the arbitrator who made the award or the arbitrator's successor. The arbitrator must render the decision in the rehearing within the same time as that provided in § 29-5-320(b) for an award.
  4. (d) If the court denies a motion to vacate an award, then the court must confirm the award, unless a motion to modify or correct the award is pending.
§ 29-5-325. Modification or correction of award.
  1. (a) Upon a motion made within ninety (90) days after the movant receives notice of the award pursuant to § 29-5-320, or within ninety (90) days after the movant receives notice of a modified or corrected award pursuant to § 29-5-321, the court shall modify or correct the award if:
    1. (1) There was an evident mathematical miscalculation or an evident mistake in the description of a person, thing, or property referred to in the award;
    2. (2) The arbitrator has made an award on a claim not submitted to the arbitrator and the award may be corrected without affecting the merits of the decision upon the claims submitted; or
    3. (3) The award is imperfect in a matter of form not affecting the merits of the decision on the claims submitted.
  2. (b) If a motion made under subsection (a) is granted, then the court must modify or correct and confirm the award as modified or corrected. Otherwise, unless a motion to vacate is pending, the court shall confirm the award.
  3. (c) A motion to modify or correct an award pursuant to this section may be joined with a motion to vacate the award.
§ 29-5-326. Judgment on award — Attorney's fees, and litigation expenses.
  1. (a) Upon granting an order confirming, vacating without directing a rehearing, modifying, or correcting an award, the court shall enter a judgment in conformity with the award. The judgment may be recorded, docketed, and enforced as other judgments in a civil action.
  2. (b) A court may allow reasonable costs of the motion and subsequent judicial proceedings.
  3. (c) On application of a prevailing party to a contested judicial proceeding under § 29-5-323, § 29-5-324, or § 29-5-325, the court may add reasonable attorney's fees and other reasonable expenses of litigation incurred in a judicial proceeding after the award is made to a judgment confirming, vacating without directing a rehearing, modifying, or correcting an award.
§ 29-5-327. Jurisdiction.
  1. (a) A court of this state having jurisdiction over the controversy and the parties may enforce an agreement to arbitrate.
  2. (b) An agreement to arbitrate providing for arbitration in this state confers exclusive jurisdiction on the court to enter judgment on an award under this part.
§ 29-5-328. Venue.
  1. A motion pursuant to § 29-5-306 must be made in the court of the county in which the agreement to arbitrate specifies the arbitration hearing is to be held or, if the hearing has been held, in the court of the county in which the hearing was held. Otherwise, the motion may be made in the court of a county in which an adverse party resides or has a place of business or, if no adverse party has a residence or place of business in this state, then in the court of any county in this state. Subsequent motions must be made in the court hearing the initial motion unless the court otherwise directs.
§ 29-5-329. Appeals.
  1. (a) An appeal may be taken from:
    1. (1) An order denying a motion to compel arbitration;
    2. (2) An order granting a motion to stay arbitration;
    3. (3) An order confirming or denying confirmation of an award;
    4. (4) An order modifying or correcting an award;
    5. (5) An order vacating an award without directing a rehearing; or
    6. (6) A final judgment entered pursuant to this part.
  2. (b) An appeal under this section must be taken as from an order or a judgment in a civil action.
§ 29-5-330. Uniformity of application and construction.
  1. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 29-5-331. Relationship to electronic signatures in global and national commerce act.
  1. The provisions of this part governing the legal effect, validity, and enforceability of electronic records or electronic signatures, and of contracts performed with the use of electronic records or signatures conform to the requirements of Section 102 of the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7002).
Chapter 6 Attachment and Replevy
§ 29-6-101. Grounds for attachment.
  1. Any person having a debt or demand due at the commencement of an action, or a plaintiff after action for any cause has been brought, and either before or after judgment, may sue out an attachment at law or in equity, against the property of a debtor or defendant, in the following cases:
    1. (1) Where the debtor or defendant resides out of the state;
    2. (2) Where the debtor or defendant is about to remove, or has removed, the debtor's or defendant's person or property from the state;
    3. (3) Where the debtor or defendant has removed, or is removing, the debtor's or defendant's person out of the county privately;
    4. (4) Where the debtors or defendants concealed is so that the ordinary process of law cannot be served upon the debtor or defendant;
    5. (5) Where the debtor or defendant absconds, or absconded concealing the debtor's or defendant's person or property;
    6. (6) Where the debtor or defendant has fraudulently disposed of, or is about fraudulently to dispose of, the property;
    7. (7) Where any person liable for any debt or demand, residing out of the state, dies, leaving property in the state; or
    8. (8) Where the debtor or defendant is a foreign corporation which has no agent in this state upon whom process may be served by any person bringing suit against such corporation; provided, that the plaintiff or complainant need only make oath of the justness of the claim, that the debtor or defendant is a foreign corporation and that it has no agent in the county where the property sought to be attached is situated upon whom process can be served.
§ 29-6-102. Debts not due.
  1. An attachment may, in like manner, be sued out upon debts or demands not due, in any of the cases mentioned in § 29-6-101, except the first; that is, when the debtor or defendant resides out of the state.
§ 29-6-103. Endorser or surety.
  1. Any accommodation endorser or surety may, in like manner, sue out an attachment against the property of such endorsor's or surety's principal, as a security for the liability, whether the debt on which the accomodation endorsed or surety is bound be due or not.
§ 29-6-104. Judgment postponed until debt due.
  1. No final judgment or decree shall be rendered upon attachment under § 29-6-102 or § 29-6-103, until the debt or demand upon which it is based becomes due; nor shall any property levied upon thereby be sold, until final judgment or decree, except property of a perishable nature, which may be sold as in other attachment cases.
§ 29-6-105. Discharge on giving bond.
  1. The attachment by endorser or surety shall be discharged, if the principal will give bond and security, to be approved by the court, in term time, or its clerk in vacation, to indemnify the plaintiff.
§ 29-6-106. Tort actions.
  1. (a) In all actions for torts, brought in any court having jurisdiction thereof, where the defendant is a nonresident of this state, or falls within any of the provisions of § 29-6-101 authorizing attachment to issue, it shall be lawful for the plaintiff to commence such suit by attachment in the same manner as suits are commenced upon contracts by existing laws.
  2. (b) The plaintiff or plaintiff's agent or attorney shall first make affidavit before the judge or clerk issuing the attachment that the damages sued for are justly due the plaintiff, as affiant believes, but that the true amount of such damages are not ascertained, and that one (1) or more of the causes exist for the issuance of the attachment.
  3. (c) The plaintiff, plaintiff's agent or attorney, shall give bond with one or more approved securities in double the supposed amount of the damages claimed, unless otherwise fixed, payable to defendant, and conditioned as now provided by law in attachment cases.
  4. (d) It is the duty of the judge or clerk, before whom the affidavit is made and bond given, to issue the attachment, returnable as in other attachment cases upon contracts.
§ 29-6-107. Return of summons unserved.
  1. (a) In any civil action, when the summons has been returned “not to be found in my county,” as to all or any one of the defendants, residents of the county, the plaintiff may have an alias and pluries summons for the defendant, or, at plaintiff's election, sue out attachment against the estate of such defendant.
  2. (b) Upon the return of the attachment levied on any property of the defendant, the cause proceeds against such defendant in all respects as if originally commenced by attachment.
§ 29-6-108. Property of nonresidents.
  1. No judicial attachment shall issue against the estate of any person residing without the limits of the state, unless such process is grounded on an original attachment, or unless the leading process in the suit has been executed on the person of the defendant when within the state.
§ 29-6-109. Parties residents of same foreign state.
  1. When the debtor and creditor, tort-claimant and tort-feasor, are both nonresidents of this state, and residents of the same state, the creditor or claimant shall not have attachment against the property of the debtor, or the tort-defendant unless the creditor or claimant swears that the property of the latter has been fraudulently removed to this state to evade the process of law in the state of domicile or residence.
§ 29-6-110. Jurisdiction of courts.
  1. Suits by original attachment may be brought in any court, or before any magistrate, having jurisdiction of the cause of action.
§ 29-6-111. Attachment by chancery on legal debts.
  1. Any person may also sue out an attachment in the chancery court, upon debts or demands of a purely legal nature, except causes of action founded on torts, without first having recovered a judgment at law, whenever the amount in controversy is sufficient to give the court jurisdiction.
§ 29-6-112. Officer granting attachment.
  1. The attachment may be granted by any judge of the circuit, criminal, or special court, by any chancellor or judge of the court of general sessions, or by the clerk of the court to which the attachment is made returnable.
§ 29-6-113. Plaintiff's affidavit.
  1. In order to obtain an attachment, the plaintiff, plaintiff's agent or attorney, shall make oath in writing, stating the nature and amount of the debt or demand, and that it is a just claim; or, if the action is for a tort, that the damages sued for are justly due the plaintiff or plaintiffs, as affiant believes, but that the true amount of such damages is not ascertained; and, also, that one (1) or more of the causes enumerated in § 29-6-101 exists.
§ 29-6-114. Alternative statement of grounds.
  1. It is no objection to the attachment that the bill, affidavit, or attachment states in the alternative, or otherwise, more than one (1) of the causes for which attachment may be sued out.
§ 29-6-115. Plaintiff's bond.
  1. The officer to whom application is made, shall, before granting the attachment, require the plaintiff, the plaintiff's agent or attorney, to execute a bond with sufficient security, payable to the defendant, and conditioned that the plaintiff will prosecute the attachment with effect, or, in case of failure, pay the defendant all costs that may be adjudged against defendant, and, also, all such damages as the defendant may sustain by the wrongful suing out of the attachment.
§ 29-6-116. Amount of bond.
  1. The bond to be required before issuance of the writ shall be in penalty as follows:
    1. (1) When the amount of the claim is less than the value of the property sought to be attached, a bond in a penalty equal to the asserted amount of the plaintiff's or complainant's debt or lien plus an additional sum which in the opinion of the issuing officer will be sufficient to cover the probable cost of litigation and all damages that may be sustained by reason of the wrongful suing out of the writ;
    2. (2) When the amount of such debt, or lien of the plaintiff or complainant shall be greater than the value of the property sought to be attached, the penalty shall be equal to the estimated value of such property plus an additional sum which in the opinion of the issuing officer will be sufficient to cover such costs and damages;
    3. (3) When the claim is for unliquidated damages, the penalty shall be equal to the value of the personal property to be attached plus such sum as will be sufficient to cover such costs and damages; or
    4. (4) When the property to be attached is real estate, the issuing officer shall only require a bond in penalty sufficient to cover all such costs and damages as same may be estimated by the issuing officer.
§ 29-6-117. Description of property.
  1. (a) A substantially accurate description of the property to be attached, and its approximate value, shall be set forth in the bill or affidavit praying for the writ of attachment, and if in the bill of complaint, same shall be verified by the oath of the complainant, complainant's agent or attorney.
  2. (b) The issuing officer shall look to but not be bound by such recitations.
  3. (c) Lacking such description and valuation, the bond shall be in a penalty double the amount claimed by the plaintiff or complainant.
§ 29-6-118. Filing of affidavit and bond.
  1. The affidavit and bond shall be filed by the officer taking them, in the court to which the attachment is returnable, and shall constitute a part of the record in the cause.
§ 29-6-119. Pleadings on debt not due.
  1. If the debt or demand, on which the attachment suit is brought, is not due at the time of the service of the attachment, the plaintiff is not required to file any pleadings until the maturity of such debt or demand.
§ 29-6-120. Contents of writ.
  1. The writ shall be addressed to the sheriff of the county, unless the suit be before a judge of the court of general sessions, and then it may be addressed to a constable; and it shall command the sheriff or constable to attach and safely keep, repleviable upon security, the estate of the defendant, wherever the same may be found in the county, or in the hands of any person indebted to or having any of the effects of the defendant, or so much thereof as shall be of value sufficient to satisfy the debt or demand, and the costs of the complaint.
§ 29-6-121. Form of writ.
  1. (a) The writ may be substantially in the following form:
    1. State of Tennessee,
    2. County.
    3. To the sheriff of County, greeting:
    4. Whereas, A B (or C D, as the agent or attorney of A B) hath complained on oath to me, E F, judge (chancellor or clerk), that G H is justly indebted (or liable) to A B in the sum of dollars, and affidavit having also been made in writing, and bond given as required by law in attachment cases, you are hereby commanded to attach so much of the estate of G H as will be of value sufficient to satisfy the debt and costs according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon to be had at the court, to be held for the county of , on the day of next (or before a general sessions judge of county, on the day of ), when and where you will make known how you have executed this writ. Witness, E F, judge of the court (chancellor or clerk), this day of , 20 . E F.
  2. (b) No objection will lie to the form of the attachment, if the essential matters in this section be set forth in such attachment.
§ 29-6-122. Return of affidavit and bond.
  1. The affidavit and bond shall be returned by the officer granting the attachment to the tribunal to which the attachment is made returnable.
§ 29-6-123. Abatement for want of affidavit or bond.
  1. Attachments issued without affidavit and bond, as herein prescribed, may be abated by plea of the defendant.
§ 29-6-124. Correction of defects.
  1. The attachment law shall be liberally construed, and the plaintiff, before or during trial, shall be permitted to amend any defect of form in the affidavit, bond, attachment, or other proceedings; and no attachment shall be dismissed for any defect in, or want of, bond, if the plaintiff, plaintiff's agent, or attorney will substitute a sufficient bond.
§ 29-6-125. Alias writs.
  1. Alias writs of attachment or new writs of garnishment may issue without new bond or affidavit, when no property has been found, or not sufficient to satisfy the debt, or when, pending the suit, the plaintiff wishes to garnishee other persons.
§ 29-6-126. Summons on original attachment.
  1. In all suits commenced by original attachment in any court of record, or before a general sessions judge, it shall be the duty of the clerk issuing the attachment, upon application of the plaintiff, to issue a summons also against the defendant for the same cause of action, and if the summons is executed on the defendant, or when the officer returns on the summons that the officer has levied the writ of attachment, but returns on the summons accompanying the writ of attachment that the defendant is not to be found, the plaintiff may sue out alias and pluries summons, directed to the county where the defendant resides, to have service upon the defendant; and if the summons is executed, no publication shall be made, and there shall be no stay of judgment as required by law in attachment cases where the defendant is made a party by attachment and publication only. The summons shall be in the usual form, and, in addition, shall notify the defendant that an original attachment suit has been commenced against the defendant, and shall be returned to the same court as the attachment.
§ 29-6-127. Return of ancillary attachment.
  1. Attachments sued out in aid of a suit already brought shall be made returnable to the court before whom the suit is pending.
§ 29-6-128. Amount of property attached.
  1. The writ of attachment should direct so much of the property of the defendant to be attached as will be sufficient to satisfy the plaintiff's debt or demand, and all costs.
§ 29-6-129. Territorial application of process.
  1. The process of attachment issues against the property of the defendant wherever the same may be found.
§ 29-6-130. Counterpart writs.
  1. The officer granting the attachment may direct, upon proper application, that counterpart writs of attachment issue to any county in which property of the defendant may be found, or such counterparts may be subsequently applied for and obtained upon good cause shown.
§ 29-6-131. Execution by constables.
  1. (a) Constables may execute attachments returnable before general sessions judges, and in cases where the defendant is about to abscond or remove.
  2. (b) This chapter and chapter 7 of this title in relation to the duties of attaching officers embrace constables whenever they are authorized to serve attachments.
§ 29-6-132. Property subject to levy.
  1. Attachments may be levied upon any real or personal property of either a legal or equitable nature, debts or choses in action, whether due or not due, in which the defendant has an interest.
§ 29-6-133. Personal property preferred.
  1. The officer to whom the writ is delivered shall attach and take into the officer's possession, in the first instance, so much of the personal property of the defendant as may be necessary to meet the exigency of the writ, and shall levy the attachment, when necessary, upon the defendant's real estate.
§ 29-6-134. Excessive levy.
  1. If the officer make an excessive levy, the officer shall be liable as in case of excessive levy by execution.
§ 29-6-135. Transfer after attachment.
  1. Any transfer, sale, or assignment, made after the filing of an attachment bill in chancery, or after the suing out of an attachment at law, of property mentioned in the bill or attachment, as against the plaintiff, shall be inoperative and voidable, as elsewhere provided.
§ 29-6-136. Actions after attachment of debt or effects.
  1. If, after the service upon any person of a copy of the bill, or levy of the attachment at law upon debts or effects in such person's hands, any person should pay the debt, or secrete the effects, or purchase in any other claim against the defendant, that person shall be liable to the same extent as before the payment, secreting, or purchase.
§ 29-6-137. Postponement of judgment if debt attached before due.
  1. If debts or choses in action not due are levied upon, no final judgment or decree shall be rendered until they become payable.
§ 29-6-138. Collection of choses by officer.
  1. In all cases where choses in action are attached, the officer levying the attachment may collect the same until the writ is returned, unless otherwise ordered.
§ 29-6-139. Money received on attachment.
  1. Money attached by the officer, or coming to the officer's hands by virtue of the attachment, shall forthwith be paid over to the clerk of the court in which the suit is pending, to be by the clerk retained until the further action of the court.
§ 29-6-140. Appointment of receiver.
  1. The court before whom the suit is pending, may, at any time, appoint a receiver to take possession of property attached under this chapter or chapter 7 of this title, and to collect, manage, and control the same, and pay over the proceeds according to the nature of the property and exigency of the case.
§ 29-6-141. Perishable property.
  1. (a) Perishable property may be sold by order of the court before whom the suit is pending, unless replevied by the defendant.
  2. (b) If any, or all, of the property is of so perishable a nature, or so expensive, as to render a sale necessary for the interest of the parties, before the officer can make the return, the officer may sell the same, upon advertisement as in the case of execution sales, and make return of the facts with the proceeds of sale.
§ 29-6-142. Order of publication.
  1. (a) The officer granting the attachment may, at the time, direct that, as soon as the attachment is levied, publication be made in some newspaper, requiring the defendant to appear at a time and place to be mentioned in such publication, before the court having cognizance of the attachment, and defend the action thus commenced, otherwise the cause may be proceeded with ex parte.
  2. (b) If the order of publication is not then made, the clerk of the court or the court itself may make such order at any time thereafter.
§ 29-6-143. Entry of publication order in record.
  1. (a) The order should be entered upon the general sessions judge's docket, as well as endorsed upon the papers, in all attachment cases returned before a magistrate.
  2. (b) In all other cases, the entry should be upon the minutes or rule docket of the court.
§ 29-6-144. Publication of notice of levy.
  1. (a) As soon as the attachment is levied upon property of the defendant, the clerk of the court shall make out, in pursuance of the order of publication, a memorandum or notice thereof, and cause same to be published forthwith in some convenient newspaper according to law.
  2. (b) The publication shall be made for four (4) consecutive weeks in a newspaper published in the county in which the suit is brought, if any, and, if not, in some convenient newspaper to be designated in the order, the last publication to be at least one (1) week before the time fixed for the defendant's appearance.
§ 29-6-145. Contents of notice.
  1. This memorandum or notice shall contain the names of the parties, the style of the court to which the attachment is made returnable, the cause alleged for suing it out, and the time and place at which the defendant is required to appear and defend the attachment suit.
§ 29-6-146. Notice mailed to nonresidents.
  1. (a) Where publication is made for a nonresident defendant the clerk of the court, in which such suit is filed, shall, immediately after the first publication, mail a copy of the newspaper containing such publication to each of the nonresident defendants directed to each nonresident defendant's last known place of residence, if such place of residence is known or can be ascertained upon inquiry.
  2. (b) The clerk shall make an entry thereof upon the rule docket showing that such notice has been mailed, for which the clerk shall receive a fee of twenty-five cents (25¢), to be collected by the clerk as other costs in the case.
  3. (c) Any failure of the clerk to give such notice shall not invalidate or make voidable any proceeding in court against a nonresident defendant.
§ 29-6-147. Attachment in lieu of personal service.
  1. The attachment and publication are in lieu of personal service upon the defendant, and the plaintiff may proceed, upon return of the attachment duly levied, as if the suit had been commenced by summons.
§ 29-6-148. Appearance of defendant.
  1. (a) Should the defendant appear in time, the defendant may make defense, and the cause proceed as if the suit had been commenced by personal service of process.
  2. (b) If the defendant fails to appear or make defense, the plaintiff may take judgment at law, or obtain a decree in equity, in like manner as if the defendant had failed to appear and defend upon personal service of process.
§ 29-6-149. Right to replevy — Amount of bond.
  1. The defendant in an attachment suit may replevy the real or personal property attached by giving bond, with good security, payable to the plaintiff, in double the amount of the plaintiff's demand, or, at defendant's option, in double the value of the property attached, conditioned to pay the debt, interest, and costs, or the value of the property attached, with interest, as the case may be, in the event the defendant shall be cast in the suit.
§ 29-6-150. Replevy before return or sale.
  1. The officer levying the attachment shall take the bond, if tendered, at any time before the officer has made sale of the property or return of the process, in which case the officer will fix the value of the property, and judge of the sufficiency of the security.
§ 29-6-151. Replevy after return.
  1. After the return of the attachment, and at any time before sale of the property attached, the clerk of the court to which return is made shall take the replevy bond and fix the value of the property, and judge of the sufficiency of the security.
§ 29-6-152. Defective replevy bonds.
  1. Replevy bonds are subject to the rules prescribed in §§ 8-19-302 and 8-19-303.
§ 29-6-153. Filing of replevy bond.
  1. The bond, if given to the officer levying the attachment, shall be returned by the officer with the attachment; and, whether given to such officer or to the clerk, it constitutes a part of the record.
§ 29-6-154. Judgment against defendant and sureties.
  1. The court may enter up judgment or decree upon the bond, in the event of recovery by the plaintiff, against the defendant and the defendant's sureties, for the penalty of the bond, to be satisfied by delivery of the property, or its value, or payment of the recovery, as the case may be.
§ 29-6-155. Judgment on replevy bond.
  1. If the property attached has been replevied by the defendant, the court, upon recovery by the plaintiff, is authorized to render judgment against the defendant and the defendant's sureties in the replevy bond, for the penalty of such bond, but to be satisfied by the payment of the value of the property, with interest from the date of the bond, or by the payment of the plaintiff's demand as ascertained, with interest and costs, or by the forthcoming of the property, as the case may be.
§ 29-6-156. Loss of replevied property.
  1. The death or destruction of the property, without any fault of the defendant, after the replevy, is no defense to the liability on such bond.
§ 29-6-157. Application of property to judgment.
  1. The property attached, if not replevied, with its proceeds or increase from the date of levy, shall be subjected to the satisfaction of the judgment or decree by sale upon such terms and conditions as may, in the discretion of the court, be deemed for the interest of all parties, by order of sale, or by other process necessary to effect the object.
§ 29-6-158. Land subjected to judgment of general sessions court.
  1. In all attachment cases returnable before a judge of the court of general sessions, when land has been levied upon, either by the attachment or by execution under the judgment, and it is necessary to sell the land to satisfy the judgment, the papers shall be returned to the circuit court, and the land condemned, as in other cases of levy upon land by execution of a general sessions judge.
§ 29-6-159. Execution for unsatisfied balance.
  1. When the property attached is not sufficient to satisfy the recovery, execution may issue for the residue, in case there shall have been appearance by, or personal service of summons on, the defendant.
§ 29-6-160. Stay of judgment.
  1. (a) Where the defendant does not appear, the court may, and a general sessions judge shall, stay final judgment or decree, not exceeding twelve (12) nor less than six (6) months from the time of the return.
  2. (b) Where the attachment is sued out because the defendant is a nonresident, the stay shall be allowed, unless sufficient cause appear to the contrary.
§ 29-6-161. Nonresident setting aside default judgment.
  1. In all cases of attachment sued out because the defendant resides out of the state, or has merely departed or removed property from the state, the judgment or decree by default may be set aside, upon application of the defendant and good cause shown, within twelve (12) months thereafter, and defense permitted upon such terms as the court may impose.
§ 29-6-162. Action on attachment bond.
  1. (a) In all other cases of judgment or decree by default, the defendant cannot deny or put in issue the ground upon which the attachment was issued, but may, at any time thereafter, and within one (1) year after the suing out of the attachment, commence an action on the attachment bond, and may recover such damages as the defendant has actually sustained for wrongfully suing out the attachment.
  2. (b) If sued out maliciously, as well as wrongfully, the jury may, on the trial of such action, give vindictive damages.
§ 29-6-163. Persons under disability.
  1. Persons laboring under the disabilities of infancy, or unsoundness of mind, at the rendition of the judgment or decree by default, have six (6) months, after the removal of such disability, to appear and show cause against such judgment or decree.
§ 29-6-164. Death of defendant.
  1. The death of the defendant proceeded against by attachment, without personal service, whether the death occur before or after the commencement of the action, does not render the proceedings void, but the defendant's heirs or representatives, as the case may be, have the right, within three (3) years from the rendition of final judgment or decree, to make themselves parties by petition showing merits verified by affidavit, and contest the plaintiff's demand.
§ 29-6-165. Title vested in purchasers.
  1. The judgment or decree, if executed before it is set aside, under any of the provisions of §§ 29-6-161 — 29-6-164, will be a protection to all persons acting under it, and will confer a good title to all property sold by virtue thereof.
Chapter 7 Attachment by Garnishment
§ 29-7-101. Assets subject to garnishment.
  1. Where property, choses in action, or effects of the debtor are in the hands of third persons, or third persons are indebted to such debtor, the attachment may be by garnishment.
§ 29-7-102. Wages earned and payable outside state.
  1. Wages earned out of this state and payable out of this state shall be exempt from attachment or garnishment in all cases, where the cause of action arose out of this state, and it shall be the duty of garnishees in such cases to plead such exemption unless the defendant is actually served with process.
§ 29-7-103. Method of effecting — Answer.
  1. (a) Attachment by garnishment is effected by informing the debtor of the defendant, or person holding the property of the defendant, that the property in the defendant's hands, or the hands of the person holding the property of the defendant, is attached, and by leaving with the defendant or such other person a written notice that the defendant or such other person is required to appear at the return term of the attachment, or before a judge of the court of general sessions, at a time and place fixed, to answer such questions as may be asked the defendant or such other person touching the property and effects of the defendant.
  2. (b) The garnishee may appear and make an answer initially either in person or by filing a written answer.
§ 29-7-104. Notice to retain possession.
  1. The notice should also require the defendant not to pay any debt due by the defendant, or thereafter to become due, and to retain possession of all property of the defendant, then or thereafter in defendant's custody or under defendant's control, to answer the garnishment.
§ 29-7-105. Liability on instrument.
  1. The garnishee shall not be made liable upon a debt due by negotiable or assignable paper, unless such paper is delivered, or the garnishee completely exonerated or indemnified from all liability thereon, after the garnishee may have satisfied the judgment or decree.
§ 29-7-106. Return of notice.
  1. A copy of the notice served upon the garnishee should be returned by the officer, with the attachment and levy, duly executed.
§ 29-7-107. Examination of garnishee.
  1. The garnishee shall be examined as prescribed in § 26-2-204.
§ 29-7-108. Compensation of garnishee.
  1. The garnishee is allowed the compensation and privileges of a witness, for the garnishee's attendance and answer, and all costs to be paid by the plaintiff.
§ 29-7-109. Motion to garnish other debtors.
  1. If, upon the examination of any garnishee, it appears that there is any of the defendant's estate in the hands or under the control of any person not summoned, the court shall, upon the motion of the plaintiff, grant attachment, to be levied on the estate in the hands or under the control of such person, who shall be summoned and made liable as other garnishees.
§ 29-7-110. Exoneration by payment or delivery.
  1. (a) A garnishee, at any time after answer, may be exonerated from further responsibility by paying over and delivering to the officer or court, before or after the return of the attachment, the money and property of the defendant, or so much thereof as may be equal to the property directed to be attached.
  2. (b) Such property or money delivered or paid over may afterwards be treated as though attached in the usual manner.
§ 29-7-111. Death of garnishee.
  1. If the garnishee dies after having been summoned in garnishment, and pending the litigation, the proceedings may be revived by or against the deceased garnishee's representatives.
§ 29-7-112. Judgment against garnishee.
  1. If it appears that the garnishee is indebted to the defendant, or has property and effects of the defendant subject to the attachment, the court may, in case recovery is had by the plaintiff against the defendant, give judgment against the garnishee for the amount of the recovery or of the indebtedness and property.
§ 29-7-113. Execution on maturity of debt.
  1. If the debt of the garnishee to the defendant is not due, execution will be suspended until its maturity.
§ 29-7-114. Default by garnishee — Conditional judgment.
  1. If, when duly summoned, the garnishee fail to appear and answer the garnishment, the garnishee shall be presumed to be indebted to the defendant to the full amount of the plaintiff's demand, and a conditional judgment shall be entered up against the garnishee accordingly.
§ 29-7-115. Notice of conditional judgment.
  1. Upon this conditional judgment, a scire facias shall issue to the garnishee, returnable to the next term of the court, or to a day and place fixed before a general sessions judge, to show cause why final judgment should not be entered against the garnishee.
§ 29-7-116. Final judgment.
  1. Upon the return of this scire facias duly served, or two (2) returns of “not to be found in my county,” the conditional judgment shall be made final, and execution issued accordingly.
§ 29-7-117. Conclusiveness of judgment.
  1. The judgment in the garnishment suit, condemning the property or debt in the hands of the garnishee to the satisfaction of the plaintiff's demand, is conclusive as between the garnishee and defendant.
§ 29-7-118. Stay of general sessions judge's judgment.
  1. The garnishee against whom a judgment for money is rendered by a judge of the court of general sessions, is entitled to the stay of execution allowed by law on general sessions judge judgments.
§ 29-7-119. Appeal.
  1. An appeal lies in all garnishment cases, at the instance of the plaintiff, the defendant, or the garnishee.
Chapter 8 Change of Name — Correction of Errors in Birth Certificates
§ 29-8-101. Jurisdiction — Persons ineligible — Inmates.
  1. (a) The circuit, probate and county courts have concurrent jurisdiction to change names and to correct errors in birth certificates on the application of a resident of the county in which the application is made.
  2. (b)
    1. (1) Notwithstanding any other law to the contrary, persons who have been convicted of the following offenses shall not have the right to legally change their names:
      1. (A) First or second degree murder; or
      2. (B) Any offense, the commission of which requires a sexual offender to register pursuant to the Tennessee Sexual Offender and Violent Sexual Offender Registration, Verification and Tracking Act of 2004, compiled in title 40, chapter 39, part 2.
    2. (2) If the court has reason to believe that the petition is being made to defraud or mislead, is not being made in good faith, will cause injury to an individual or to compromise public safety, then the petition shall be denied.
    3. (3) If the person seeking to have the person's name changed has a felony conviction, other than for those offenses enumerated in subdivision (b)(1), then the petition is presumed to be made in bad faith, to defraud or mislead, to cause injury to an individual or to compromise public safety. The name change shall not be granted unless the individual requesting the name change proves by clear and convincing evidence that the petition is not based upon an intent to defraud or mislead, is made in good faith, will not cause injury to an individual and will not compromise public safety.
    4. (4) This subsection (b) shall not apply if the name change is the result of a lawful marriage, marital dissolution or adoption.
  3. (c) No public funds shall be expended to change the name of any person who is an inmate in the custody of the department of correction.
§ 29-8-102. Petition.
  1. The application to change the name or to correct an error in a birth certificate shall be by petition, in writing, signed by the applicant and verified by affidavit, stating that the applicant is a resident of the county, and giving the applicant's reasons for desiring the change or correction.
§ 29-8-103. Clerk's fees.
  1. The clerk's fee for services in proceedings under this chapter shall be the same as for like services in other cases, to be paid by the party petitioning.
§ 29-8-104. Judgment.
  1. The court may order the name to be changed or the birth certificate to be corrected by entry of record reciting the petition and its reasons therefor.
§ 29-8-105. Effect.
  1. Any person whose name is thus changed may thereafter be known and designated, sue and be sued, by the new name.
Chapter 9 Contempt of Court
§ 29-9-101. Officers authorized to punish.
  1. Any officer authorized to punish for contempt is a court within the meaning of §§ 29-9-101 — 29-9-106.
§ 29-9-102. Scope of power.
  1. The power of the several courts to issue attachments, and inflict punishments for contempts of court, shall not be construed to extend to any except the following cases:
    1. (1) The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice;
    2. (2) The willful misbehavior of any of the officers of such courts, in their official transactions;
    3. (3) The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts;
    4. (4) Abuse of, or unlawful interference with, the process or proceedings of the court;
    5. (5) Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or
    6. (6) Any other act or omission declared a contempt by law.
§ 29-9-103. Punishment.
  1. (a) The punishment for contempt may be by fine or by imprisonment, or both.
  2. (b) Where not otherwise specially provided, the circuit, chancery, and appellate courts are limited to a fine of fifty dollars ($50.00), and imprisonment not exceeding ten (10) days, and, except as provided in § 29-9-108, all other courts are limited to a fine of ten dollars ($10.00).
§ 29-9-104. Omission to perform act.
  1. (a) If the contempt consists in an omission to perform an act which it is yet in the power of the person to perform, the person may be imprisoned until such person performs it.
  2. (b) The person or if same be a corporation, then such person or corporation can be separately fined, as authorized by law, for each day it is in contempt until it performs the act or pays the damages ordered by the court.
§ 29-9-105. Performance of forbidden act.
  1. If the contempt consists in the performance of a forbidden act, the person may be imprisoned until the act is rectified by placing matters and person in status quo, or by the payment of damages.
§ 29-9-106. Bail.
  1. (a) Upon an attachment to answer for a contempt, except in not performing a decree, the officer executing the process shall take bail from the defendant as in other cases.
  2. (b)
    1. (1) The court ordering the attachment shall specify the penalty of such appearance bond.
    2. (2) If the penalty is not fixed by the court, it shall be two hundred fifty dollars ($250).
§ 29-9-107. Profanity in court of record.
  1. Any person who profanely swears or curses in the presence of any court of record commits a Class C misdemeanor.
§ 29-9-108. Local violations — Failure to appear.
  1. (a)
    1. (1) The judges of courts exercising municipal jurisdiction in counties having a metropolitan form of government are empowered to punish any person for contempt who, having been cited to appear in such court for the violation of a city, municipal or metropolitan government law or ordinance, willfully fails to appear without just cause on the designated day and at the designated time. The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation.
    2. (2) This section shall also apply to judges of courts of general sessions when such judges are exercising municipal jurisdiction by hearing violations of city, municipal or metropolitan government laws or ordinances.
    3. (3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations.
  2. (b)
    1. (1) The judges of courts exercising municipal jurisdiction over environmental violations relating to health, housing, fire, building and zoning codes of the municipal code, in any county having a population of not less than eight hundred thousand (800,000), according to the 1980 federal census or any subsequent federal census, shall punish any person for contempt who, having been cited for failure to appear in such court for the violation of a municipal government law or ordinance involving any violation relating to health, housing, fire, building and zoning codes or municipal law:
      1. (A) Willfully fails to appear without just cause on the designated day and at the designated time; or
      2. (B) Willfully fails to obey the court's order to correct a violation of the municipal code relating to health, housing, fire, building and zoning codes, within the designated day and at the designated time as given by court order.
    2. (2) The punishment for contempt in each such case is limited to a fine of ten dollars ($10.00) and imprisonment not exceeding five (5) days for each violation.
    3. (3) The power to punish for contempt conferred by this section may not be used to punish persons who fail to appear for parking violations.
Chapter 10 Patent Infringement Actions
§ 29-10-101. Chapter definitions.
  1. In this chapter:
    1. (1) “Affiliated person” means a person under common ownership or control of an intended recipient;
    2. (2) “Intended recipient” means a person who purchases, rents, leases, or otherwise obtains a product or service in the commercial market that is not for resale in the ordinary business and that is, or later becomes, the subject of a patent infringement allegation; and
    3. (3) “Person” means any natural person, partnership, corporation, company, trust, business entity or association, and any agent, employee, partner, officer, director, member, associate, or trustee thereof.
§ 29-10-102. Frivolous or bad faith assertion of patent infringement — Activities not constituting violation — Exceptions to applicability of chapter.
  1. (a) It is a violation of this chapter for a person, in connection with the assertion of a United States patent, to send, or cause any person to send, any written or electronic communication that states that the intended recipient or any affiliated person is infringing or has infringed a patent and bears liability or owes compensation to another person, if:
    1. (1) The communication threatens litigation if compensation is not paid or the infringement issue is not otherwise resolved and there is a consistent pattern of such threats having been issued and no litigation having been filed;
    2. (2) The communication falsely states that litigation has been filed against the intended recipient or any affiliated person; or
    3. (3) The assertions contained in the communication lack a reasonable basis in fact or law because:
      1. (A) The person asserting the patent is not a person, or does not represent a person, with the current right to license the patent to, or to enforce the patent against, the intended recipient or any affiliated person;
      2. (B) The communication seeks compensation for a patent that has been held to be invalid or unenforceable in a final, unappealable or unappealed judicial or administrative decision;
      3. (C) The communication seeks compensation on account of activities undertaken after the patent has expired; or
      4. (D) The content of the communication fails to include such information necessary to inform an intended recipient or any affiliated person about the patent assertion by failing to include any one of the following:
        1. (i) The identity of the person asserting a right to license the patent to or enforce the patent against the intended recipient or any affiliated person;
        2. (ii) The patent number issued by the United States Patent and Trademark Office alleged to have been infringed; or
        3. (iii) The factual allegations concerning the specific areas in which the intended recipient or affiliated person's products, services, or technology infringed the patent or are covered by the claims in the patent.
  2. (b) Nothing in this section shall be construed to be a violation of this chapter for any person who owns or has the right to license or enforce a patent to:
    1. (1) Advise others of that ownership or right of license or enforcement;
    2. (2) Communicate to others that a patent is available for license or sale;
    3. (3) Notify another of the infringement of the patent; or
    4. (4) Seek compensation on account of past or present infringement, or for a license to the patent, provided that the person is not acting in bad faith.
  3. (c) This chapter shall not apply to any written or electronic communication sent by:
    1. (1) Any owner of a patent who is using the patent in connection with substantial research, development, production, manufacturing, processing or delivery of products or materials;
    2. (2) Any institution of higher education as that term is defined in section 101 of the Higher Education Act of 1963 (20 U.S.C. § 1001);
    3. (3) Any technology transfer organization whose primary purpose is to facilitate the commercialization of technology developed by an institution of higher education; or
    4. (4) Any person or business entity seeking a claim for relief arising under 35 U.S.C. § 271(e)(2).
§ 29-10-103. Enforcement of chapter.
  1. (a) The attorney general and reporter shall have the authority to enforce this chapter and conduct civil investigations and bring civil actions, as provided in § 8-6-109; title 8, chapter 6, part 4; and §§ 47-18-106 and 47-18-108.
  2. (b) In an action brought by the attorney general under this chapter, the court may award or impose any relief available under § 29-10-104 or title 47, chapter 18.
  3. (c) In addition to the relief provided for in § 29-10-104, upon a motion by the attorney general and reporter and a finding by the court that there is a reasonable likelihood that a person violated § 29-10-102, the court may require the person to post a bond in an amount equal to a good faith estimate of the costs to litigate a claim and amounts reasonably likely to be recovered if an action were to be brought pursuant to this section. A hearing shall be held if either party requests a hearing.
§ 29-10-104. Civil action — Available remedies and damages.
  1. An intended recipient alleging a violation of this chapter may bring an action in any circuit or chancery court. A court shall award litigation costs and fees, including reasonable attorneys' fees, to a plaintiff who prevails in an action brought pursuant to this section. In addition, the court may award the following remedies to a plaintiff who prevails in an action brought pursuant to this chapter:
    1. (1) Actual damages; and
    2. (2) Punitive damages in an amount equal to three (3) times the actual damages.
Chapter 11 Contribution Among Tort-feasors
§ 29-11-101. Short title.
  1. This chapter may be cited as the “Uniform Contribution Among Tort-Feasors Act.”
§ 29-11-102. Right of contribution among tort-feasors — Exceptions — Subrogation — Indemnity.
  1. (a) Except as otherwise provided in this chapter where two (2) or more persons are jointly or severally liable in tort for the same injury to person or property or for the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them; but no right of contribution shall exist where, by virtue of intrafamily immunity, immunity under the workers' compensation laws of the state of Tennessee, or like immunity, a claimant is barred from maintaining a tort action for injury or wrongful death against the party from whom contribution is sought.
  2. (b) The right of contribution exists only in favor of a tort-feasor who has paid more than the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-104, and the tort-feasor's total recovery is limited to the amount paid by the tort-feasor in excess of this proportionate share.
  3. (c) There is no right of contribution in favor of any tort-feasor who has intentionally caused or contributed to the injury or wrongful death.
  4. (d) A tort-feasor who enters into a settlement with a claimant is not entitled to recover contribution from another tort-feasor whose liability for the injury or wrongful death is not extinguished by the settlement nor in respect to any amount paid in a settlement which is in excess of what was reasonable.
  5. (e) A liability insurer, who by payment has discharged in full or in part the liability of a tort-feasor and has thereby discharged in full its obligation as insurer, may be subrogated to the tort-feasor's right of contribution to the extent of the amount it has paid in excess of the tort-feasor's proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, in accordance with the procedure set out in § 29-11-103. This provision does not limit or impair any right of subrogation or assignment arising from any other relationship and causes of action for contribution or indemnity are fully assignable and transferable.
  6. (f) This chapter does not impair any right of indemnity under existing law. Where one tort-feasor is entitled to indemnity from another, the right of the indemnity obligee is for indemnity and not contribution, and the indemnity obligor is not entitled to contribution from the obligee for any portion of tort-feasor's indemnity obligation.
  7. (g) This chapter shall not apply to breaches of trust or of other fiduciary obligation.
§ 29-11-103. Determination of proportionate share of shared liability.
  1. In determining the proportionate share of the shared liability between two (2) or more tort-feasors for the same injury or wrongful death, for purposes of pursuit of contribution among tort-feasors:
    1. (1) The reasonable amount of the settlement and the relative degree of fault of the tort-feasors and the injured party or parties in bringing about the injury or wrongful death shall be compared, and the party seeking contribution shall be entitled to recover only to the extent that the party has paid more than the proportionate share of the common liability, with the proportionate share to be determined solely by comparison of the relative degrees of fault of the parties;
    2. (2) If equity requires, the collective liability of some as a group shall constitute a single proportionate share; and
    3. (3) Principles of equity applicable to contribution generally shall apply.
§ 29-11-104. Enforcement of contribution — Procedure — Limitation.
  1. (a) Whether or not judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced by separate action in the circuit or chancery courts to be tried according to the forms of chancery.
  2. (b) Where a judgment has been entered in an action against two (2) or more tortfeasors for the same injury or wrongful death, contribution may be enforced in that action by judgment in favor of one against other judgment defendants by motion upon notice to all parties to the action; provided that, any issue as to indemnity may be determined at the hearing of such motion.
  3. (c) If there is a judgment for the injury or wrongful death against the tortfeasor seeking contribution, any separate action by the tortfeasor to enforce contribution must be commenced within one (1) year after satisfaction of the judgment.
  4. (d) If there is no judgment for the injury or wrongful death against the tortfeasor seeking contribution, the tortfeasor's right of contribution is barred unless the tortfeasor has either:
    1. (1) Discharged by payment the common liability within the statute of limitations period applicable to claimant's right of action against the tortfeasor and has commenced tortfeasor's action for contribution within one (1) year after payment; or
    2. (2) Agreed while action is pending against the tortfeasor to discharge the common liability and has within one (1) year after the agreement paid the liability and commenced tortfeasor's action for contribution within one (1) year of payment.
  5. (e) The recovery of a judgment for an injury or wrongful death against one (1) tortfeasor does not of itself discharge the other tortfeasors from liability for the injury or wrongful death unless the judgment is satisfied. The satisfaction of the judgment does not impair any right of contribution.
  6. (f) The judgment of a court in determining the liability of the several defendants to a claimant for an injury or wrongful death after trial on the merits shall be binding among such defendants in determining their right to contribution or indemnity, except where a claimant commenced an action for injury or wrongful death prior to April 3, 1968.
§ 29-11-105. Effect of release or covenant not to sue upon liability of other tort-feasors.
  1. (a) When a release or covenant not to sue or not to enforce judgment is given in good faith to one (1) of two (2) or more persons liable in tort for the same injury or the same wrongful death:
    1. (1) It does not discharge any of the other tort-feasors from liability for the injury or wrongful death unless its terms so provide; but it reduces the claim against the others to the extent of any amount stipulated by the release or the covenant, or in the amount of the consideration paid for it, whichever is the greater; and
    2. (2) It discharges the tort-feasor to whom it is given from all liability for contribution to any other tort-feasor.
  2. (b) No evidence of a release or covenant not to sue received by another tort-feasor or payment therefor may be introduced by a defendant at the trial of an action by a claimant for injury or wrongful death, but may be introduced upon motion after judgment to reduce a judgment by the amount stipulated by the release or the covenant or by the amount of the consideration paid for it, whichever is greater.
§ 29-11-106. Construction of chapter.
  1. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states that enact it.
§ 29-11-107. Liability for damages in civil action governed by comparative fault — When doctrine of joint and several liability applies — Doctrines of vicarious liability and respondeat superior unaffected — Allocation of fault by trier of fact.
  1. (a) If multiple defendants are found liable in a civil action governed by comparative fault, a defendant shall only be severally liable for the percentage of damages for which fault is attributed to such defendant by the trier of fact, and no defendant shall be held jointly liable for any damages.
  2. (b) Notwithstanding subsection (a), the doctrine of joint and several liability remains in effect:
    1. (1) To apportion financial responsibility in a civil conspiracy among two (2) or more at-fault defendants who, each having the intent and knowledge of the other's intent, accomplish by concert an unlawful purpose, or accomplish by concert a lawful purpose by unlawful means, which results in damage to the plaintiff; and
    2. (2) Among manufacturers only in a product liability action as defined in § 29-28-102, but only if such action is based upon a theory of strict liability or breach of warranty. Nothing in this subsection (b) eliminates or affects the limitations on product liability actions found in § 29-28-106.
  3. (c) Nothing in this section eliminates or affects the doctrines of vicarious liability or respondeat superior.
  4. (d) Nothing in this section limits the ability of the trier of fact to allocate fault to a nonparty to the suit, including, but not limited to, an immune third party or a settling party, person, or entity. Allocations of fault to nonparties shall be used only to determine the liability of named parties and shall not subject nonparties to liability in the action in which the allocation occurred or in any other action.
  5. (e) Nothing in this section eliminates or diminishes:
    1. (1) The filing of cross-claims or counterclaims against any party or third party under Tennessee Rules of Civil Procedure 13 and 14;
    2. (2) The assertion by a party of rights to contribution or indemnity;
    3. (3) The assertion by a party of comparative fault under Tennessee Rule of Civil Procedure 8.03;
    4. (4) The doctrine of superseding and independent intervening cause; or
    5. (5) Any defenses or immunities that exist as of July 1, 2013.
  6. (f) This section shall not prevent parties from entering into a legally enforceable contract that allocates fault in a civil action among the parties to the contract.
Chapter 12 Creditors' Bills
§ 29-12-101. Fraudulent conveyances and other devices.
  1. Any creditor, without first having obtained a judgment at law, may file the bill in chancery for the creditor, or for the creditor and other creditors, to set aside fraudulent conveyances of property, or other devices resorted to for the purpose of hindering and delaying creditors, and subject the property, by sale or otherwise, to the satisfaction of the debt.
§ 29-12-102. Attachment and injunction.
  1. Upon filing the bill, writs of attachment and injunction may be granted, on complainants giving bond and security in such sums as the chancellor or judge may order, conditioned to comply with the orders and decrees of the court, and to pay such damages as may be awarded or recovered for wrongfully suing out such attachment or injunction.
§ 29-12-103. Intervention by other creditors.
  1. If the bill is filed by one (1) creditor for the creditor and others, the other creditors may make themselves parties at any time before final decree, by petition and execution of prosecution bonds, or by agreeing to join in the bonds required in the case of the original complaint, and in a sufficient penalty, to pay their proportional part of the recovery on such bonds.
§ 29-12-104. Powers of court.
  1. The court has the same power and jurisdiction in all respects to set aside fraudulent conveyances and other fraudulent devices, in the cases mentioned in §§ 29-12-101 — 29-12-103, and to subject the property, by sale or otherwise, to the payment of debts, as if the creditor had obtained judgment, and execution thereon had been returned unsatisfied.
§ 29-12-105. Judgment without fraud.
  1. In case the complainant fails to establish the fraud, the court shall proceed to render judgment on the complainant's claim, ascertaining the amount, when disputed, by reference to the clerk and master, where deemed advisable, or by an issue to be tried by a jury; but the complainant shall pay all costs, except such as are incident to taking the judgment.
§ 29-12-106. Limitation of actions.
  1. In no case shall the limitation of actions be held to commence running in favor of a fraudulent or voluntary possessor, until the creditor, to be affected by the fraudulent or voluntary conveyance, has a right of action to test the validity of such conveyance.
§ 29-12-107. Corporate property.
  1. The creditors of a corporation may also, without first having obtained a judgment at law, file a bill in the court of chancery, to attach the property of the corporation, and subject the same, by sale or otherwise, to the satisfaction of their debts, when the corporate franchises are not used, or have been granted to others in whole or in part.
§ 29-12-108. Receiver for corporate property.
  1. In such cases the court may appoint a receiver, take an account of the affairs of the corporation, and apply the property and effects to the payment of debts pro rata, and divide the surplus, if any, among the stockholders.
§ 29-12-109. Bill where legal remedies insufficient.
  1. In all cases where personal service of process cannot be made at law, and where no original attachment at law will lie, and no judgment at law can be obtained, and also in cases where the demand is purely of an equitable nature, the court of chancery has jurisdiction to subject legal and equitable interests in every kind of property, with the exception stated in § 26-4-101, the lien to commence from the filing of the bill (but as to subsequent purchasers and encumbrancers from registration) if the facts are verified by affidavit, and injunction is granted.
Chapter 13 Criminal Injuries Compensation
Part 1 General Provisions
§ 29-13-101. Short title.
  1. This chapter and § 40-24-107 shall be known and may be cited as the “Criminal Injuries Compensation Act of 1976.”
§ 29-13-102. Chapter definitions.
  1. As used in this chapter and § 40-24-107, unless the context otherwise requires:
    1. (1) “Child” means any individual, adopted or natural born, entitled to take as a child under the laws of this state by intestate succession from the parent whose relationship is involved and also includes a stepchild;
    2. (2) “Claimant” means any person or persons filing a claim for compensation under this chapter on such person's or persons' own behalf, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or the dependents of the victim;
    3. (3) “Commission” means the Tennessee claims commission created pursuant to § 9-8-301;
    4. (4) “Court” means the circuit courts of the state of Tennessee, for the purposes of filing a claim, and any court of the state which has the jurisdiction to try a crime against person or property, for the purpose of assessing the costs provided for in § 40-24-107, except general sessions courts or municipal courts may not impose such costs;
    5. (5) “Dependents” means such relatives of a deceased victim as were receiving substantial support or needed services from the victim at the time of the victim's death, and includes the child of such victim born after such victim's death;
    6. (6) “Division” means the division of claims and risk management created pursuant to § 9-8-401;
    7. (7) “Family,” when used with reference to a person, includes:
      1. (A) Any person related to such person within the third degree of consanguinity or affinity; or
      2. (B) Any person living in the same household as such person;
    8. (8) “Guardian” or “legal guardian” means a person having the legal authority to provide for the care, supervision, and control of a minor child as established by law or court order;
    9. (9) “Minor” means any person who has not attained eighteen (18) years of age;
    10. (10) “Offender” means a person who has or is alleged to have committed a crime;
    11. (11) “Out of pocket expenses” means unreimbursed or unreimbursable expenditures or indebtedness reasonably incurred for medical care or other services reasonably necessary as a result of the personal injury or death upon which a claim is based;
    12. (12) “Relative” means a spouse, parent, grandparent, stepparent, child, grandchild, brother, sister, half brother, half sister and a spouse's parents or stepparents; and
    13. (13) “Victim” means a person who suffers personal injury or death as a direct and proximate result of any act of a person which is within the description of any of the offenses specified in § 29-13-104.
§ 29-13-103. Burden of proof — Documentation.
  1. (a) The claimant has the burden of presenting to the division all facts necessary in determining whether the claimant is entitled to compensation under this part. No claimant shall be entitled to compensation unless the claimant proves by a preponderance of the evidence every requirement under this part for entitlement to compensation, including, but not limited to, the following:
    1. (1) The occurrence of an offense as defined in § 29-13-104;
    2. (2) The offense proximately caused personal injury to or death of the victim;
    3. (3) The claimant is eligible for compensation pursuant to § 29-13-105;
    4. (4) The claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender, except in cases involving a victim where it is determined that the victim's cooperation may be or had been impacted due to the victim's age, physical condition, psychological state, cultural or linguistic barriers, or any other health or safety concern that jeopardizes the victim's well-being, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the victim or the victim's family;
    5. (5) The amount of losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107;
    6. (6) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, that the claimant was a dependent of the victim within the meaning of § 29-13-102(5); and
    7. (7) The victim or a member of the victim's family reported the offense to the proper law enforcement authorities within the time prescribed in § 29-13-108(a).
  2. (b)
    1. (1) The claimant must present written documentation to establish the facts required by subsection (a), including proof that an offense referenced in subdivision (a)(1) has occurred.
    2. (2) Such documentation must include, but is not limited to:
      1. (A)
        1. (i) Medical and funeral bills;
        2. (ii) Lost wage verifications;
        3. (iii) W-2 forms; or
        4. (iv) Death and birth certificates; and
      2. (B) Proof of an offense, which must include, at a minimum, the type of crime that occurred, the date of the crime, the name of the victim or victims, and the location of the crime. Proof of an offense may be demonstrated by providing documentation, including, but not limited to, the following:
        1. (i) A criminal conviction documenting the crime directly related to the claim filed;
        2. (ii) A law enforcement report documenting the commission of a crime;
        3. (iii) An information charging an individual with a crime filed by a prosecuting attorney;
        4. (iv) An indictment by a grand jury;
        5. (v) A written communication by a law enforcement agency indicating a crime has occurred relative to the claim filed;
        6. (vi) Court records evidencing the criminal prosecution of a crime relevant to the claim filed;
        7. (vii) Medical records from a healthcare provider, as those terms are defined in § 9-8-408;
        8. (viii) A written communication from a prosecuting attorney or investigating law enforcement officer who has personal involvement in the prosecution or investigation of any criminal case relative to the claim filed;
        9. (ix) A report from child protective services or another government agency;
        10. (x) A restraining order issued by a court; or
        11. (xi) Any other documentation requested by the division to show the commission of a crime.
§ 29-13-104. Offenses to which compensation applies.
  1. Payment of compensation shall be made to the claimant in accordance with this chapter for personal injury to or death of the victim which resulted from:
    1. (1) An act committed in this state, which, if committed by a mentally competent, criminally responsible adult, would constitute a crime under state or federal law; provided, that an injury or death inflicted through the use of a motor vehicle or watercraft shall be eligible for compensation under this chapter only under the following circumstances:
      1. (A) Evidence submitted clearly shows that the operator of the motor vehicle or watercraft directly causing the death or injury was acting with criminal intent to intentionally inflict injury or death;
      2. (B) The operator of the motor vehicle or watercraft directly causing the death or injury was operating the motor vehicle or watercraft as is prohibited by § 55-10-401; provided, that claims for any personal injury or loss alleged to have been incurred as a result of the personal injury or death of a passenger in such a motor vehicle or watercraft shall be subject to § 29-13-119; or
      3. (C) The crime involved the failure to stop at the scene of an accident in violation of § 55-10-101, which directly resulted in serious bodily injury or death to the victim; and the evidence shows that the operator of the motor vehicle knew or reasonably should have known that death or serious bodily injury had occurred;
    2. (2) An attempt to prevent or the actual prevention of a crime or an attempted crime under state or federal law in this state which the victim reasonably believed had occurred or was about to occur;
    3. (3) The apprehending of an individual who had committed a felony in the presence of the victim, if, under the circumstances, the victim could have reasonably believed that a felony had occurred; or
    4. (4) Any of the foregoing acts committed or taken in another state if the victim was a resident of this state at the time the crime or act occurred and the claimant's request for compensation from the state in which the crime or act occurred is not honored.
§ 29-13-105. Persons eligible for compensation.
  1. (a) Except as otherwise provided, the following person or persons shall be eligible for compensation pursuant to this chapter:
    1. (1) A victim of a crime;
    2. (2) In the case of the death of the victim, a dependent of the victim;
    3. (3) In the case of the death of a victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the death of the victim, a family member of the victim or person who resided with the victim, subject to the order of preference and priority between family members and persons who resided with the victim in accordance with title 40, chapter 38, part 3;
    4. (4) In the case of the death of the victim, where the compensation is for unreimbursed or unreimbursable funeral or burial expenses, to:
      1. (A) The legal representative of the estate of the victim; or
      2. (B) If no estate of the victim is opened, to:
        1. (i) Family of the victim, as defined in § 29-13-102;
        2. (ii) The victim's aunt, uncle, or cousin; or
        3. (iii) An individual related to the victim by blood;
    5. (5) In the case of the personal injury of the victim, where the compensation is for expenses incurred by any person responsible for the maintenance of that victim, to that person;
    6. (6) In the case of a sexually-oriented crime committed against a victim who is under eighteen (18) years of age, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the sexually-oriented crime, any sibling or non-offending custodial parent of the victim, or both; or
    7. (7) In the case of domestic assault committed against the victim, where the compensation is for unreimbursed or unreimbursable mental health counseling or treatment made necessary by the crime, any child of the victim who witnesses the crime and who is under eighteen (18) years of age.
  2. (b) A person who is criminally responsible for the crime upon which a claim is based, or an accomplice of such person, or anyone who has contributed to the crime in any respect, shall not be eligible to receive an award with respect to a claim under this chapter.
  3. (c) No compensation shall be awarded a victim who was, at the time of the personal injury or death, a member of the offender's family, if it is determined that any benefit would accrue, either directly or indirectly, to the offender. This subsection (c) shall not be construed to automatically disqualify a victim who was a member of the offender's family at the time of the injury or death.
  4. (d) A person who has been convicted of an offense under federal law with respect to any time period during which the person is delinquent in paying a fine, other monetary penalty, or restitution imposed for the offense shall not be eligible to receive an award with respect to a claim under this chapter. This subsection (d) shall not apply until the date on which the United States attorney general, in consultation with the director of the administrative office of the United States courts, issues a written determination that a cost-effective, readily available criminal debt payment tracking system operated by the agency responsible for the collection of criminal debt has established cost-effective, readily available communications links with entities that administer federal victim compensation programs that are sufficient to ensure that victim compensation is not denied to any person except as authorized by law.
§ 29-13-106. Losses or expenses reimbursable.
  1. (a) Payment of compensation under this chapter shall be ordered for losses or expenses as defined in this section only upon submission of written documentation which clearly shows that such losses and expenses were actually and reasonably incurred by the claimant. The burden of proof of losses and expenses shall be upon the claimant. The payment of compensation under this chapter shall be awarded for:
    1. (1) Expenses actually and reasonably incurred as a result of the personal injury or death of the victim, including, but not limited to, actual expenditures of moneys for or indebtedness resulting from medical services, hospital services, funeral and burial expenses;
    2. (2) “Permanent partial disability” or “permanent total disability” as defined in § 29-13-107;
    3. (3) Expenses actually and reasonably incurred as the result of the claimant traveling to and from the trial of the defendant or defendants alleged to have committed an offense as defined in § 29-13-104, regardless of whether the claimant is called as a witness, and expenses actually and reasonably incurred as the result of the claimant traveling to and from appellate, post-conviction or habeas corpus proceedings resulting from the trial of a defendant or defendants alleged to have committed a compensable offense as defined in § 29-13-104. Any award made under the preceding sentence to a claimant shall not exceed a cumulative total of one thousand two hundred fifty dollars ($1,250) for all such travel. For the purposes of this subdivision (a)(3) “claimant” means the victim, the guardian of a victim if the victim is a minor, the legal representative of the estate of a deceased victim, or relative of the victim as defined in § 29-13-102. As used in the preceding sentence, “legal representative of the estate of a deceased victim” shall not be construed or implemented to include any attorney who, for a fee, serves as legal representative of the estate of such victim. In no case shall compensation be awarded under this subdivision (a)(3) to more than four (4) claimants as a result of the “same criminal act” as defined in subsection (e). Further, no award shall be made to a claimant under this subdivision (a)(3) if the claimant is otherwise eligible for the payment of travel expenses by the state or any county of this state as a result of the claimant attending the trial as a witness;
    4. (4) Reasonable out-of-pocket expenses incurred for cleaning supplies, equipment rental and labor needed to clean the scene of a homicide, sexual assault or aggravated assault, if the scene was the residence of the victim or a relative of the victim as defined in § 29-13-102. “Cleaning the scene” means to remove, or attempt to remove, from the crime scene blood, dirt, stains or other debris caused by the crime or the processing of the crime scene;
    5. (5) Pecuniary loss to the dependents of a deceased victim;
    6. (6) Any other pecuniary loss, including lost wages, as defined in § 29-13-107, resulting from the personal injury or death of the victim that is determined to be reasonable;
    7. (7) The victim's reasonable moving expenses, storage fees and fees for transfer of utility service if the move is a direct result of an assault committed upon such victim at the victim's residence, provided that the victim shall not receive compensation for more than two (2) moves resulting from the assault; and
    8. (8) Reasonable costs of cleaning, repairing or replacing eyeglasses and hearing aids owned by the victim that were damaged or destroyed by the crime or the processing of the crime scene, and the reasonable costs of repairing or replacing personal property owned by the victim or a relative of the victim as defined in § 29-13-102 that was damaged or destroyed in processing the scene of a homicide, sexual assault or aggravated assault if the scene was the residence of the victim or the relative of the victim who owned the property.
  2. (b) In no case will any compensation be awarded for any damage to real or personal property, except as provided in subdivision (a)(8). For the purpose of this section, “dental devices”, “artificial prosthetic devices” and “medically related devices” are not considered personal property.
  3. (c) Compensation must not be awarded for any personal injury or loss alleged to have been incurred as a result of pain and suffering, except for victims of the crime of rape, victims of a human trafficking offense, and victims of a crime involving sexual deviancy, including minors who are victims of the crimes contained in § 39-13-314, § 39-13-316, §§ 39-13-502 – 39-13-505, § 39-13-522, § 39-15-302, § 39-17-902, and §§ 39-17-1003 – 39-17-1005, or any attempt, conspiracy, or solicitation to commit such offenses.
  4. (d) Except as provided in subdivision (a)(3), no award shall be made unless the claimant has incurred a minimum out of pocket loss of one hundred dollars ($100) or has lost at least two (2) continuous weeks earnings or support, unless it is determined that the interest of justice would not be served by such a limitation.
  5. (e) No compensation shall be awarded on account of the same criminal act in an amount in excess of thirty thousand dollars ($30,000), except as provided in subsection (h). All awards granted under subsection (a) shall be aggregated in determining this amount. For the purposes of this chapter, where a victim is injured as a result of two (2) or more criminal acts that occur:
    1. (1) Sequentially, but involve the same criminal or group of criminals, and the same victim or group of victims; and
    2. (2) The victim or victims remain in the presence or under the control of the criminal or criminals, then the injuries shall be deemed to have resulted from a single criminal act. For the purposes of this chapter, where a minor is the victim of crimes listed in subsection (c), and there are multiple occurrences of one (1) or more of these listed crimes by a single criminal over a period of time, then such injuries shall be deemed to have resulted from a single criminal act.
  6. (f)
    1. (1) Any award shall be reduced by the amounts of payment already received or any amounts which claimant is legally entitled to receive as a result of the injury:
      1. (A) From or on behalf of the offender;
      2. (B) From any other public or private source; or
      3. (C) As an emergency award pursuant to § 29-13-114.
    2. (2) It is the intent of this subsection (f) to prohibit double recoveries by criminal victims, but it shall not be construed to prohibit recovery of compensation under this chapter if the recovery from the sources set forth in subdivisions (f)(1)(A) and (B) is insufficient to reimburse the victim for total compensable injuries as set forth in this chapter. Recoveries under subdivisions (f)(1)(A) and (B) shall be considered as primary indemnification, and recoveries under subsection (a) shall be limited to compensating for injuries over and above any recoveries under subdivisions (f)(1)(A) and (B). In claims involving the death of a victim, the proceeds from any life insurance contracts payable to the victim's dependent or dependents making the claim for compensation shall not be considered a source of reimbursement.
  7. (g) If two (2) or more persons are entitled to compensation as a result of the death of the victim, amounts shall be apportioned among claimants in proportion to their loss.
  8. (h) It is the intent of the general assembly that the maximum award pursuant to subsection (e) equal no less than one hundred five percent (105%) of the national average of the maximum compensation award provided by the fifty (50) states within the United States, the District of Columbia and the United States Virgin Islands. No later than October 1 of each year, the treasurer shall compare the maximum award limit for this program with the average of the maximum award limits of the other states; provided, however, that the other states have a maximum award limit which is ascertainable or set in a manner similar to that of Tennessee. In the event that any of the states or territories do not have an overall maximum award, the treasurer shall eliminate that state or territory from comparison. If the treasurer determines that the maximum is less than one hundred five percent (105%) of the national average, the treasurer shall adjust the maximum award to an amount equal to one hundred five percent (105%) of the national average; provided, however, that the maximum award shall be rounded up to the nearest one hundred dollars ($100). Any adjustment made pursuant to this provision shall be effective on July 1 of the next fiscal year and shall apply to claims filed for crimes occurring on or after such date. The treasurer shall make any adjustment to the maximum award by rule promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
§ 29-13-107. Standards for determining amount of compensation — Uniform application of chapter.
  1. For purposes of determining the amount of compensation to be awarded under § 29-13-106, the following standards shall be utilized in order to ensure the uniform application of this chapter:
    1. (1) Any award made for permanent partial or permanent total disabilities proximately caused by a violent crime is to be based upon those schedules of compensation allowable by the workers' compensation statutes, found in § 50-6-207, in effect at the time of the commission of the act giving rise to such claim, for disabilities of a similar nature; provided, however, that the sixty-six and two-thirds percent (66⅔%) rate prescribed in the workers' compensation statutes shall not be used in determining the amount of any award hereunder. Instead, such rate shall be eighty-five percent (85%) of the claimant's average weekly wage. Any award made for lost wages proximately caused by a violent crime is to be based upon those schedules of compensation for temporary total disability allowable by the workers' compensation statutes, found in § 50-6-207, in effect at the time of the commission of the crime giving rise to such claim; provided, however, that the sixty-six and two-thirds percent (66⅔%) rate prescribed in the workers' compensation statutes shall not be used in determining the amount of any award hereunder. Instead, such rate shall be eighty-five percent (85%) of the claimant's average weekly wage. The board of claims is authorized to adopt such other standard as is required by federal law or regulation in order to qualify for matching federal funds under the Victims of Crime Act of 1984 (42 U.S.C. § 10601 et seq.), if the board of claims determines that the federally required standard is both reasonable and in the financial interest of the criminal injuries program;
    2. (2) Excepting claims for disabilities, death, or pain and suffering where the commission of a sexually-oriented crime is involved, awards are to be payable only for those pecuniary losses actually and reasonably incurred as the result of personal injuries received through the commission of a violent crime;
    3. (3) Any award based on the pain and suffering experienced by a claimant victimized by a sexually-oriented crime is to be made in an amount deemed necessary and appropriate, not to exceed three thousand dollars ($3,000), taking into account the particular circumstances involved in such crime;
    4. (4) Any award made for funeral and burial expenses shall not exceed six thousand dollars ($6,000);
    5. (5) Any award made for expenses under § 29-13-106(a)(4) shall not exceed three thousand dollars ($3,000);
    6. (6) Any award made for mental health counseling or treatment pursuant to § 29-13-105(a)(3), (a)(6) or (a)(7) shall be made in an amount deemed necessary and appropriate, not to exceed three thousand five hundred dollars ($3,500); and
    7. (7) Except as otherwise provided in subdivision (6), any award made for medical or medical-related expenses, including, but not limited to, dental, chiropractic, hospital, physical therapy and nursing services, shall be made in an amount of seventy-five percent (75%) of the billed charges if there exists a sufficient amount left in the maximum award rate stipulated in § 29-13-106(e). If an insufficient amount exists in the maximum award rate to pay seventy-five percent (75%) of the billed charges, the billed charges shall be reduced to the amount remaining to bring the total compensation awarded on account of the criminal act to the maximum rate specified in § 29-13-106(e). Any medical provider or hospital that accepts payment under this part for medical or medical-related expenses or services shall accept the payment as payment in full and shall not bill any balance of those expenses to the victim or the claimant if the total payments made under this part to any such provider or hospital equal seventy-five percent (75%) of the billed charges. This subdivision (7) does not prohibit the medical provider or hospital from seeking reimbursement from the victim or the claimant for the difference, if any, between seventy-five percent (75%) of the billed charges and the amount paid by the division under this subdivision (7). This subdivision (7) does not apply to reimbursements for forensic medical examinations provided under § 29-13-118. Reimbursements for forensic medical examinations are governed by § 29-13-118.
§ 29-13-108. Claims for compensation — Procedure.
  1. (a) A claim for compensation must be filed not later than two (2) years after the occurrence of the crime upon which the claim is based, two (2) years after the death of the victim, or two (2) years after any mental or physical manifestation or injury is diagnosed as a result of an act committed against a minor that would constitute a criminal offense under §§ 39-13-502 – 39-13-505, § 39-13-522, § 39-15-302, § 39-17-902, or §§ 39-17-1003 – 39-17-1005, or an attempt, conspiracy, or solicitation to commit such offenses; provided, that upon good cause shown, the time period for filing such claim may be extended either before or after the expiration of the filing period. A claim cannot be filed until the crime upon which the claim is based has been reported by the victim, or a member of the victim's family, to the proper authorities within fifteen (15) days after the occurrence of such crime unless, for good cause shown, it is found that the delay was justified. Good cause for the failure of a victim or a member of the victim's family to report a crime may be found if the victim is:
    1. (1) Physically unable;
    2. (2) A victim of sexual assault;
    3. (3) A victim of domestic abuse; or
    4. (4) A victim of human trafficking.
  2. (b) Each claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name of the victim and that of the claimant, if different than that of the victim, the address of the victim and/or claimant, the county wherein the crime is alleged to have occurred, the name, if known, of the alleged offender, a brief statement of the alleged crime, the date and time the alleged crime was reported to law enforcement, the nature of compensation claimed and the race, sex, national origin and disability, if any, of the victim, and any other information required by the board of claims in order to satisfy federal regulations issued under the Victims of Crime Act of 1984.
  3. (c) Within ten (10) days after receipt of the claim, the division shall notify the district attorney general. If a prosecution is pending or imminent for an offense arising out of the crime upon which the claim is based, the division or commission, whichever is applicable, shall suspend all action on the claim upon application of the district attorney general. In such event, the district attorney general shall notify the division or commission, whichever is applicable, within ten (10) days after completion of any such prosecution. Proceedings may further be suspended in the interest of justice if a civil action arising from such offense is pending or imminent. The division or commission, whichever is applicable, shall notify the claimant of any suspension under this subsection (c). A district attorney general who fails to supply the division with the report required in subsection (d) within one hundred eighty (180) days of the division's receipt of the claim shall be deemed to have waived the right to apply for a suspension under this section, unless good cause is shown for such failure.
  4. (d) Unless the claim is suspended under subsection (c), the division shall investigate every claim for compensation and shall make every effort to honor or deny each claim within ninety (90) days of receipt of the claim. In investigating the claim, the division shall request from the appropriate district attorney general a report which shall present any information the district attorney general may have in support of or in opposition to the claim. If the claim is denied, the division shall so notify the claimant and inform the claimant of the reasons therefor and of such claimant's right to file the claim with the claims commission within ninety (90) days of the date of the denial notice. If the claim is honored, the division shall so notify the claimant and inform the claimant of the conditions of the settlement offer and of such claimant's right to file the claim with the claims commission within ninety (90) days of the date of the settlement notice if the conditions of the settlement offer are unacceptable. If the division fails to honor or deny the claim within the ninety-day settlement period, the division shall so notify the claimant and shall automatically transfer the claim to the administrative clerk of the commission; however, if the division has not received the report of appropriate district attorney general within the ninety-day settlement period, the division may, in its discretion, suspend action on the claim for an additional period not exceeding ninety (90) days. The division shall notify the claimant of any such suspension. Unless the claim is suspended under subsection (c), the division is authorized to transfer any claim filed under this chapter to the commission prior to the expiration of the ninety-day settlement period. The appropriate district attorney general shall be notified of the action of the division on each claim.
  5. (e)
    1. (1) Upon filing or transferring a claim for compensation to the commission, the claim shall be considered, determined and subject to appeal in the manner set forth in § 9-8-403. If a claimant consents to having the claimant's claim proceed upon affidavits filed with the commission without a hearing, the state shall be deemed to have waived a hearing on the claim unless the district attorney general requests a hearing within sixty (60) days after the claim is filed with, or transferred to, the claims commission. The district attorney general shall investigate the claim prior to the opening of formal commission proceedings and shall present any information such district attorney general may have in support of or in opposition to the claim. The report of the district attorney general and any police or offense reports attached thereto shall be sufficient compliance therewith; provided, such reports are accompanied by an affidavit of the district attorney general or law enforcement officer, where applicable, verifying the contents of the reports. Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and report of the district attorney general and the affidavit and report of the law enforcement officer shall be made a part of the record before the commission to the same extent as though the district attorney general or the appropriate law enforcement officer had been present and testified to the matters stated therein. The matters stated in such reports shall be presumed true in the absence of a preponderance of the evidence to the contrary. The personal attendance of the district attorney general and the law enforcement officer may be commanded only if personal attendance is necessary to resolve a good faith dispute concerning the accuracy of information furnished by the district attorney general or law enforcement officer. Where personal attendance is required, the claimant shall serve the appropriate district attorney general and the appropriate law enforcement officer with a subpoena at least fourteen (14) days prior to the hearing which shall contain a clause which reads: “The procedure authorized pursuant to § 29-13-108(e) will not be deemed sufficient compliance with this subpoena.” Notwithstanding any other law to the contrary, if the district attorney general attends the proceeding, the district attorney general may present into evidence any police or offense reports and any other reports generated through the district attorney general's investigation of the claim.
    2. (2) The claimant may present evidence and testimony on such claimant's own behalf, or the claimant may retain counsel. Any hearing held by the commission pursuant to this chapter which involves a claim based upon a sexually oriented offense shall, upon request of the claimant or counsel, be held in chambers unless good cause exists to the contrary. With the consent of the commission, the district attorney general may stipulate the circumstances of the claimant's victimization in lieu of direct testimony by the claimant.
  6. (f) Upon filing or transferring a claim for compensation to the commission, the division shall attach to the claim all documentation presented by the claimant in support of the claim, evidence received or considered, proposed findings, staff recommendations, memoranda, investigative reports and data submitted to the division. The documents shall be accompanied by an affidavit of an employee of the division, stating in substance that the affiant is a duly authorized custodian of the documents and has authority to certify the documents, and that the documents are true copies of all documents described in this subsection (f). Notwithstanding the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence, the affidavit and the documents submitted to the commission by the division shall constitute a part of the record of the commission and shall be considered in adjudicative proceedings under this part, including judicial review thereof.
  7. (g) Notwithstanding any other law to the contrary, if the division denies a claim on the basis that the claimant does not meet the eligibility requirements for compensation under this part and the claimant appeals the denial to the commission, or if the division transfers the claim to the commission as a result of its inability to honor or deny the claim within the ninety-day settlement period, the commission shall consider the claim for the sole purpose of determining whether the claimant meets such eligibility requirements. Such eligibility requirements may include a determination as to whether the claimant has shown good cause for failing to file the claim within the two-year period as prescribed in subsection (a). Such eligibility requirements may include a determination as to whether the claimant has shown good cause for failing to file the claim. If the commission determines the claimant meets the eligibility requirements to receive compensation under this part, the commission shall enter an appropriate order reflecting such determination and remand the claim to the division of claims and risk management for the purpose of determining the amount of compensation to which the claimant is entitled and the manner in which such compensation shall be paid pursuant to § 29-13-111. Such order shall include the findings of fact enumerated in § 29-13-109(b)(2)(A)-(H) and (L)-(O).
  8. (h) Notwithstanding § 9-8-406 or any provision of this part to the contrary, the department of treasury may, at its sole discretion, submit a report to the commission which explains the department's action on the claim. Any such report shall be filed within the time allowed for the filing of a responsive brief by a party. The department shall serve copies of the report upon the claimant and the district attorney general. Any such report shall be considered by the commission without oral argument by the department.
  9. (i) The commission shall attach to its decision all documentation presented in support of a claim for which compensation is awarded, as well as an executed subrogation agreement. The administrative clerk of the commission shall, within five (5) days of receipt of the order, notify the claimant in writing of the decision and forward to the division a certified copy of the decision.
  10. (j) The commission may, at any time, on its own motion or on the application of the claimant, vary any award for the payment of compensation made under this chapter in such manner as the commission deems appropriate, whether as to the terms of the order or by increasing the amount of the award, or otherwise.
§ 29-13-109. Claims — Requirements — Judicial determination — Awards.
  1. (a) No award may be made under this section unless the claimant shall have shown, supported by a preponderance of the evidence, that:
    1. (1) Such an act did occur; and
    2. (2) The injury or death proximately resulted from such act.
  2. (b)
    1. (1) All decisions granting an award under this chapter shall be in writing and shall set forth the findings of fact and the decision whether compensation is due under this chapter.
    2. (2) Except as provided in § 29-13-108(g), the findings of fact shall include, but not be limited to, those enumerated in this subdivision (b)(2). The findings of fact shall include:
      1. (A) The name and address of the victim;
      2. (B) The name and address of the claimant, if different than the victim;
      3. (C) Whether the claimant is eligible for compensation pursuant to § 29-13-105;
      4. (D) The date, place and nature of the offense giving rise to the claim, including a finding that the offense is within the meaning of § 29-13-104;
      5. (E) A statement of the injuries suffered by the victim;
      6. (F) Whether the victim contributed to the crime in any respect;
      7. (G) The name and address of the offender or, if not known, a statement to that effect;
      8. (H) Whether the claimant has fully cooperated with the police and the district attorney general in the investigation and prosecution of the offender;
      9. (I) Whether the claimant has received or is eligible to receive any benefits, payments or awards from any other source;
      10. (J) Whether the award includes payment of expenses for mental health counseling;
      11. (K) A statement of the losses or expenses incurred by the claimant that are eligible for reimbursement pursuant to §§ 29-13-106 and 29-13-107 which have been supported by evidence presented, with such documentation attached;
      12. (L) Whether the claimant has executed a subrogation agreement;
      13. (M) If compensation for pain and suffering is being made, a finding that the offense was sexually oriented and the victim did experience pain and suffering as a result of commission of the offense;
      14. (N) If the offense giving rise to the claim involved use of a motor vehicle or watercraft, a finding that the operator of the motor vehicle or watercraft was acting with criminal intent to intentionally inflict injury or death, or was operating the motor vehicle or watercraft as is prohibited by § 55-10-401;
      15. (O) If the claim is based upon the death of the victim and an award in excess of funeral and burial expenses is being sought, a finding that the claimant was a dependent of the decedent;
      16. (P) Whether compensation is due to the claimant under this chapter, including the amount and manner of payment;
      17. (Q) The name and address of each person to whom compensation is being paid, including the amount to be paid; and
      18. (R) If the claimant is a minor or is incompetent, a plan for the disbursement of all funds for the benefit of the claimant pursuant to § 29-13-111.
  3. (c) In determining whether to make an award under this section, or the amount of the award, any circumstances reasonably relevant to the criminal act may be considered, including the behavior of the victim which directly or indirectly contributed to the victim's injury or death, unless such injury or death resulted from the victim's attempt to prevent the commission of a crime or an attempted crime or to apprehend or attempt to apprehend an offender, as set forth in § 29-13-104(2) and (3).
  4. (d) For the purposes of this chapter, a person is deemed to have intended an act, notwithstanding that by reason of age, insanity, drunkenness, or otherwise, such person was legally incapable of forming a criminal intent.
  5. (e) No award of compensation shall be made until a subrogation agreement is executed by the claimant to the effect that the criminal injuries compensation fund will be reimbursed to the full amount expended by the fund less an award for attorney's fees should the claimant recover damages in a civil action for that injury or death. No part of the recovery due the criminal injuries compensation fund shall be diminished by any collection fees or for any other reason whatsoever.
  6. (f) An award may be made under this section whether or not any person is prosecuted or convicted or acquitted, except as required by § 29-13-111, of any offense arising out of such act, or if such act is the subject of any other legal action. Furthermore, the apprehension of an offender is not a condition of award. However, no award shall be made unless the claimant fully cooperates with the police and district attorney general in any prosecution of the offender, which prosecution occurs either before or after the payment of such compensation. Awards may be amended under § 29-13-108(j) in furtherance of this policy.
§ 29-13-110. Medical reports.
  1. (a) In the filing of a claim, the claimant shall provide sufficient medical reports from physicians, surgeons, hospitals and other health care facilities to fully describe the injury suffered, the treatments rendered and the percentage of disability incurred, if disability benefits are requested by the claimant. At the time of final adjudication of the claim, medical reports submitted by the claimant may be returned to the claimant.
  2. (b) If an examination of the victim and a report thereon, or a report on the cause of death of the victim, would be of material aid, a duly qualified impartial physician may be appointed to make such an examination or report, with due regard to the religious tenets of the claimant.
§ 29-13-111. Manner of payment — Exemption from execution or attachment.
  1. (a) Upon acceptance of a settlement offer by a claimant or receipt of an order by the commission, the division shall, without further authorization, and subject to available funds, pay the claimant the amount, and in the manner determined appropriate. Such payment shall be made from the fund as set forth in § 29-13-116.
  2. (b) All payments shall be made in a lump sum, except for those claims involving death or protracted disability, for which periodic payment of compensation may be awarded for the loss of earnings or support.
  3. (c) If the claimant is a minor, or is incompetent, payment shall be ordered to a relative or legal guardian. In such situations, the payee shall submit a plan for the disbursement of all funds for the benefit of the claimant as will best promote the interest of the claimant. Such plan shall be submitted at the time a claim for compensation is filed. Thereafter, should the payee choose to alter or amend the terms of the plan, the payee shall file a petition with the division setting out the nature of the proposed amendment or alteration and the reasons therefor. If the division determines that the requested amendment or alteration is in the best interest of the claimant, the division is authorized to approve such amendment or alteration. If the division is unable to make such a determination, the petition shall be submitted to the commission for its consideration. In the event the payee attempts to alter or amend the terms of the plan without filing such petition, the payee is liable for all amounts expended contrary to the approved plan. Notwithstanding the foregoing, the division or the commission has the discretion to turn over compensation awarded to a minor to the juvenile court pursuant to part 3 of this chapter, to be placed in an interest-bearing account for the benefit of the minor.
  4. (d)
    1. (1) Notwithstanding any provision of this part to the contrary, if the claimant has outstanding health care, funeral or burial expenses resulting from the injury or death which was the basis of the claim and if any compensation remains after making provision for the payment of all other eligible losses and expenses to the claimant, the division or commission may, in their discretion, make the remaining compensation payable to the health care or funeral provider.
    2. (2) Where multiple health care or funeral providers exist and the remaining compensation is inadequate to pay the entire indebtedness, the division or commission may divide the remaining compensation equally among the providers or, in the division or commission's discretion, apportion the remaining compensation among the providers in accordance with the claimant's instructions.
    3. (3) Nothing in this subsection (d) shall be construed to increase the maximum amount that may otherwise be awarded under § 29-13-107(7).
  5. (e)
    1. (1) Except as provided in subdivisions (e)(2) and (3), no award pursuant to this chapter shall be subject to execution or attachment other than for expenses resulting from the injury or death which is the basis of the claim.
    2. (2) If any claimant is entitled to direct compensation pursuant to this chapter and is in arrears with regard to child support payments, the department of human services shall, without further order by the court, attach a lien to any award of compensation such child support obligor receives from the criminal injuries compensation funds in order to satisfy such arrearage; however, a lien shall not apply to awards made by the division directly to service providers pursuant to subsection (d). The division shall periodically notify the department of human services of claims that have been filed. Upon notice from the division, it shall be the department of human services' responsibility to then notify the division of a lien attaching to a claim for payment of child support arrearage. This subsection (e) shall be effective for decisions made on or after July 1, 2012.
    3. (3) If any minor claimant is entitled to direct compensation pursuant to this chapter and a trust fund has been established for the minor claimant in accordance with part 3 of this chapter, the juvenile court clerk may, without further order of the court, withhold any funds within the trust for the purpose of paying court costs, fines, fees, or restitutions resulting from the minor beneficiary's actions pending in juvenile court.
§ 29-13-112. Attorney's fees.
  1. (a)
    1. (1) In addition to the amount of compensation awarded under this chapter, reasonable attorney's fees shall be determined and allowed to the attorney representing the claimant; provided, that no attorney's fees shall exceed the lesser of the following:
      1. (A) Fifteen percent (15%) of the first two thousand five hundred dollars ($2,500) of compensation awarded, plus ten percent (10%) of any compensation awarded over two thousand five hundred dollars ($2,500); or
      2. (B) Three hundred seventy-five dollars ($375) for claims resulting from the death of the victim or five hundred dollars ($500) for all other claims.
    2. (2) Notwithstanding subdivision (a)(1), an attorney who is aggrieved by the amount of attorney's fees allowed may petition the commission for a review thereof. In determining whether to grant the petition for review, the commission shall take into account the complexity of the claim, the amount of time the attorney spent in representing the claimant, and such other matters as the commission deems appropriate. The petition must be filed within thirty (30) days of the date of the settlement notice, or if the claim was heard by the commission, within thirty (30) days of the date of the commission's order. The petition shall set forth with specificity the reasons the commission should grant the review. If the commission grants the petition, the commission may increase the amount of attorney's fees allowed.
    3. (3) Provided, that in no case may the total fees granted under subdivisions (a)(1) and (2) exceed a maximum of seven hundred fifty dollars ($750).
  2. (b)
    1. (1) There shall be no compensation to an attorney whose fees are paid for under any federally funded legal services program, or any such program funded by the state.
    2. (2) However, compensation shall be determined and allowed in accordance with subsection (a) to an attorney employed in a privately or publicly funded nonprofit public interest law firm or corporation if the following conditions are met:
      1. (A) The attorney filed the claim on behalf of the claimant as part of the attorney's ongoing representation of the claimant in a civil action arising from the injury or death which was the basis of the claim; and
      2. (B) Neither the attorney, the law firm nor the corporation received, or is entitled to receive, compensation for filing the claim on behalf of the claimant under any federal or state statute or rule.
  3. (c) It is unlawful for any attorney to ask for, contract for or receive any larger sum than the amount so allowed under this section.
§ 29-13-113. Subrogation.
  1. (a) Whenever any person is convicted of an offense and an order for the payment of compensation is or has been made under this chapter for a personal injury or death resulting from the act constituting such offense, the state of Tennessee may institute an action against such person for the recovery of the whole or any specified part of the compensation in the circuit courts of the state of Tennessee in any county, in a state, or in a federal court of any other state or district in which such person resides.
  2. (b) An order for the payment of compensation under this chapter shall not affect the right of any person to recover damages from any other person by a civil action for the injury or death.
  3. (c) As a condition for the receipt of a criminal injuries compensation award, the recipient of an award shall agree, by such form as the board of claims may direct, to cooperate fully with appropriate officials of the state should the state proceed to institute an action against the criminal offender to recover the whole or any specified part of the compensation awarded.
  4. (d) Should any person receiving an award for criminal injuries compensation choose to exercise such person's right to recover damages in civil court for injury or death, such person shall notify the district attorney general and the division of the institution of such a lawsuit by serving the district attorney general and the division through the United States mail with a copy of the complaint, all subsequent pleadings and a copy of the final judgment in order to give the state notice of the existence of such an action so that the state may pursue its subrogated interest.
§ 29-13-114. Emergency award.
  1. (a) If it appears to the claims commission, prior to any hearing on a claim, that:
    1. (1) Such claim is one with respect to which an award will probably be made; and
    2. (2) Undue hardship will result to the claimant if immediate payment is not made;
    3. the claims commission may make an emergency award to the claimant pending a final decision in the case.
  2. (b) The amount of such emergency award shall not exceed five hundred dollars ($500).
  3. (c) The amount of such emergency award shall be deducted from any final award made to the claimant. The excess of the amount of such emergency award over the final award, or the full amount of the emergency award if no final award is made, shall be repaid by the claimant to the state.
  4. (d) No emergency award shall be made pursuant to this section unless the board of claims certifies that there is sufficient money in the fund to pay all awards that have been made pursuant to this chapter.
§ 29-13-115. Penalty.
  1. Any person who asserts a false claim under this chapter, knowing such claim to be false, commits a Class C misdemeanor, and, upon conviction thereof, shall forfeit any benefit received and shall reimburse and repay the state for payments received or paid on such person's behalf pursuant to any of the provisions of this chapter.
§ 29-13-116. Use of state and federal funds — Expenses — Grants.
  1. (a) Funds available from the criminal injuries compensation fund, created under § 40-24-107, shall be expended to effectuate this chapter, including all expenses to administer this chapter.
  2. (b) Use of available federal funds shall be specifically permitted to fund this program. In the event federal funds are made available to the state, the division of claims and risk management is hereby authorized to comply with any additional requirements imposed by the federal government so long as compliance with such provisions is not prohibited by, or contrary to, this chapter.
  3. (c) The treasurer is authorized to award an annual grant to the district attorneys general conference for domestic violence and drug enforcement program operations in an amount not to exceed that specified in the general appropriations act each fiscal year. The treasurer is also authorized to provide an annual sponsorship for a remembrance event for homicide victims in an amount not to exceed eight hundred fifty dollars ($850).
  4. (d) In the event that the moneys in the criminal injuries compensation fund are inadequate to support subsections (a)-(c), there is hereby appropriated a sum sufficient to support those expenditures.
§ 29-13-117. Statistical reports.
  1. The state treasurer shall include in the annual report of the state treasurer, such financial, statistical or other relevant information to accurately report the financial condition of the criminal injuries compensation fund and the operation of this chapter.
§ 29-13-118. Forensic medical examinations in sexual assault cases.
  1. (a) For purposes of this section, unless the context otherwise requires, “forensic medical examination” means an examination provided to a victim of a sexually-oriented crime by any health care provider who gathers evidence of a sexual assault in a manner suitable for use in a court of law.
  2. (b)
    1. (1) A victim of a sexually-oriented crime, defined as a violation of §§ 39-13-502 – 39-13-506, 39-13-522, 39-13-527, 39-13-531, and 39-13-532, shall be entitled to forensic medical examinations without charge to the victim. No bill for the examination shall be submitted to the victim, nor shall the medical facility hold the victim responsible for payment. All claims for forensic medical examinations are eligible for payment from the criminal injuries compensation fund, created under § 40-24-107.
    2. (2) Notwithstanding any provision of this part to the contrary, the victims shall not be required to report the incident to law enforcement officers or to cooperate in the prosecution of the crime in order to be eligible for payment of forensic medical examinations.
  3. (c) A claim for compensation under this section shall be filed no later than one (1) year after the date of the examination by the health care provider that performed the examination, including a hospital, physician, SANE program, Child Advocacy Center, or other medical facility. The claim shall be filed with the division, in person or by mail. The division is authorized to prescribe and distribute forms for the filing of claims for compensation. The claim shall set forth the name and address of the victim, and any other information required by the division in order to satisfy federal regulations issued under the Victims of Crime Act of 1984 (42 U.S.C. § 10601 et seq.). The claim shall be accompanied by an itemized copy of the bill from the health care provider that conducted the examination. The bill shall, at a minimum, set forth the name of the victim, the date the examination was performed, the amount of the bill, the amount of any payments made on the bill, and the name and address of the health care provider that performed the examination.
  4. (d) The amount of compensation that may be awarded under this section shall not exceed one thousand dollars ($1,000), and shall constitute full compensation to the health care provider that provided the service. No provider receiving compensation pursuant to this section shall bill the victim for any additional cost related to the forensic medical examination. The compensation shall be made pursuant to this subsection (d) no later than ninety (90) days after receiving the documentation required under subsection (c).
  5. (e) Payment to a health care provider under this section does not prohibit the victim from receiving other payments for which the victim may be eligible under this part or any other law.
§ 29-13-119. Claims by passengers in motor vehicles or watercraft.
  1. (a) Claims for compensation brought under § 29-13-104(1)(B) shall be barred if the victim knew or reasonably should have known that the operator of the motor vehicle or watercraft was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. For purposes of this section, “a drug of abuse” means any intoxicant, marijuana, narcotic drug, or drug that produces stimulating effects on the central nervous system.
  2. (b) For purposes of this section and § 29-13-104(1)(B), a rebuttable presumption shall exist that the victim knew or reasonably should have known that the driver was legally intoxicated or under the influence of a drug of abuse or both as proscribed by title 55. The fact that the victim was under the influence of alcohol, a drug of abuse, or both shall not mitigate, excuse or justify the victim's failure to have reasonably known that the operator of the vehicle was under the influence of alcohol, a drug of abuse or both.
  3. (c) The rebuttable presumption provisions shall not apply if on the date of the offense the victim was under fourteen (14) years of age, or was at least fourteen (14) years of age but less than eighteen (18) years of age and was riding with a parent, guardian or other person exercising parental control over the victim.
Part 3 Trust Fund for Awards to Minors
§ 29-13-301. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Commission” means the Tennessee claims commission created pursuant to § 9-8-301;
    2. (2) “Criminal injuries compensation award” means the compensation awarded pursuant to part 1 of this chapter;
    3. (3) “Division” means the division of claims and risk management created pursuant to § 9-8-401;
    4. (4) “Guardian ad litem” means a responsible adult appointed by the juvenile court to protect the rights and interests of the minor;
    5. (5) “Juvenile court” means the court having juvenile court jurisdiction in the county where the minor resides; and
    6. (6) “Minor” means any person who has not attained eighteen (18) years of age and who has not been otherwise emancipated.
§ 29-13-302. Establishment of trust.
  1. The commission or the division may, in such manner as it deems appropriate, turn over criminal injury compensation awards made to a minor to the juvenile court clerk to be placed in an interest-bearing account for the benefit of the minor. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor.
§ 29-13-303. Basis for encroachment of funds.
  1. Encroachment on the funds shall be allowed for any injury related expenses specifically contemplated by the commission or the division in granting the compensation award. Encroachment on the funds may also be allowed for unusual medical expenses, including, but not limited to, eyeglasses or braces, or for unusual educational opportunities, such as school field trips, or, with good cause shown, other need of the minor, provided such need is not for normal living expenses. Encroachment on the funds shall not be allowed if the minor is legally entitled to receive payment for such expenses from any other public or private source including, but not limited to, insurance, TennCare or medicaid.
§ 29-13-304. Procedure for encroachment.
  1. (a) In order to obtain encroachment on the funds, a motion must be filed with the juvenile court by the custodian or other appropriate individuals.
  2. (b) The motion shall state the minor's name, the amount of money being currently held in the clerk's office for the benefit of the minor, the particular need or expense for which disbursement is sought, and the amount sought.
  3. (c) At the hearing, the custodian or other appropriate individual petitioning the court to encroach shall be placed under oath and shall testify as to the minor's need.
  4. (d) In the event the court grants the motion, an order shall be filled out stating the date, the amount of the disbursement, and to whom the check or checks are to be made payable.
  5. (e) In the event that the check is to be made payable to a health care provider or to the school or other appropriate person, the clerk's office shall be charged with the responsibility of obtaining the address of the health care provider, the school or other appropriate person or agency and forwarding the check directly to them.
  6. (f) In the event the sum is made payable to the custodian or other appropriate individual, that person shall be responsible for making an accounting to the court thirty (30) days from the date of the hearing as to how the money was spent. In these situations, the court shall direct a probation officer to monitor the file and issue a show cause hearing in the event the custodian or other appropriate individual does not make the accounting to the court in the time prescribed by the court.
  7. (g) In unusual circumstances, a guardian ad litem may be appointed to determine whether or not disbursing the funds is in the best interest of the minor.
§ 29-13-305. Forms.
  1. The clerk's office shall provide forms which may be necessary to seek an encroachment order under this part. These forms shall be limited to use in causes filed under this part and they shall be made available to all who request assistance in filing a petition. The petitioner is not limited to the use of these forms and may present to the court any legally sufficient petition in whatever form. The office of the clerk shall also assist a person who is not represented by counsel by filling in the name of the court on the petition, by indicating where the petitioner's name shall be filled in, by reading through the petition form with the petitioner, and by rendering any other such assistance as is necessary for the filing of the petition.
§ 29-13-306. Clerk's fee.
  1. To defray the expenses of administering a criminal injury compensation award under this part, the juvenile court clerk shall be entitled to receive a flat fee not to exceed five percent (5%) of the total amount tendered into the court. The fee shall be deducted by the clerk from the compensation award.
§ 29-13-307. Residence change.
  1. (a) If the minor becomes a resident of another county in this state or becomes a resident of another state, the court may request the juvenile court of the county of the state in which the child has become a resident to accept jurisdiction of the trust and to continue the terms of the trust as set forth herein.
  2. (b) Upon receipt and filing of an acceptance, the court shall transfer the funds and interest income of the trust to the accepting court. It shall also provide that court with certified copies of the petition and order setting up the trust, motions and orders to encroach, and any other information it considers of assistance to the accepting court in administering the trust.
  3. (c) Upon compliance with subsection (b), the jurisdiction of the transferring court over the trust is terminated.
§ 29-13-308. Termination of trust.
  1. Upon attaining eighteen (18) years of age, the minor may terminate the trust by submitting a written request therefor with the court clerk. The court clerk shall deliver to the minor all funds and interest income remaining in the trust less any outstanding fees, court costs, fines, or restitutions resulting from the minor beneficiary's actions pending in juvenile court within sixty (60) calendar days from the date of the request.
§ 29-13-309. Denial of petition to establish trust — Transfer of fund to juvenile court.
  1. The juvenile court may deny a petition to establish a trust for the benefit of a minor as provided in this part; provided, that the court issues an order to that effect within fourteen (14) business days after receipt of the petition. The juvenile court clerk shall return the award to the division accompanied with the order. Upon receipt of the order, the division shall turn the award over to the clerk of the court having probate jurisdiction in the county where the minor resides. The award shall be accompanied with a petition and order directing the clerk to set up a fund for the minor as provided herein. The court shall accept jurisdiction of the trust and shall have all of the rights, duties and obligations as a juvenile court is required or authorized to perform under this part.
Part 4 Victims' Compensation from the Proceeds of Crime
§ 29-13-401. Short title.
  1. This part shall be known and may be cited as the “Victim Compensation from the Proceeds of the Crime Act of 1994.”
§ 29-13-402. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Attorney general and reporter” means the Tennessee attorney general and reporter;
    2. (2) “Crime” means an offense under the laws of this state resulting in a specific physical, mental, or pecuniary injury, or death, to another person, and includes multiple crimes committed by a defendant;
    3. (3) “Defendant” means a person who:
      1. (A) Is convicted of a crime in this state;
      2. (B) Is judged not guilty by reason of insanity;
      3. (C) Pleads nolo contendere to a specific criminal charge; or
      4. (D) Has been formally charged with a crime but is still awaiting trial; and
    4. (4) “Victim” means:
      1. (A) A person, not an accomplice of the defendant, who suffers a specific physical, mental, or pecuniary injury as a direct result of a crime; or
      2. (B) The estate of a person who dies as a direct result of a crime.
§ 29-13-403. Defendant's income — Collection — Deposit.
  1. (a)
    1. (1) The attorney general and reporter shall collect all income, from whatever source derived, which is owing to the defendant, or representative or assignee of the defendant, after the date of the crime.
    2. (2) If the district attorney general of the district in which a defendant's conviction occurred, or any district attorney general, has or becomes aware of any information concerning income that is in such defendant's possession or is owing to such defendant, it shall be the duty of such district attorney general to notify the attorney general and reporter of such information.
    3. (3) Any such district attorney general who has or becomes aware of information concerning a defendant's income as described in subdivision (a)(2) shall also assist and work with the attorney general and reporter in locating and collecting such income.
  2. (b) The attorney general and reporter shall deposit the moneys collected in an interest-bearing escrow account in the name of the defendant. The moneys shall be payable to the victim or victims of the crime committed by the defendant. The moneys shall only be payable if the victim, or legal representative of the victim's estate, brings a civil action in a court of competent jurisdiction for money damages against the defendant within three (3) years from the date of the crime, subject to § 29-13-404.
§ 29-13-404. Limitations period.
  1. Notwithstanding any inconsistent law with respect to survival of civil actions, the three-year period for filing a civil action as provided by § 29-13-403(b) does not begin to run until:
    1. (1) All moneys owing to the defendant under the terms of the contract have been paid to the attorney general and reporter; and
    2. (2) An escrow account has been established for the benefit of the defendant's victims.
§ 29-13-405. Notice to victims.
  1. After establishing an escrow account, the attorney general and reporter shall notify victims of the existence of the account in the following manner:
    1. (1) By direct notification, if direct notice to a victim is possible and not unreasonable under the circumstances, as frequently as provided by subdivision (2), that moneys are available to satisfy a civil judgment pursuant to this part; and
    2. (2) If direct notice is not possible, by publication of a legal notice in a newspaper in the county in which the crime was committed and in counties contiguous to that county. The notice shall advise the victim that escrow moneys are available to satisfy a money judgment pursuant to this part. The notice shall be published once every three (3) months for three (3) years after the date the escrow account is established. The attorney general and reporter may provide for additional notice as deemed necessary.
§ 29-13-406. Apportionment of funds among victims.
  1. (a) If more than one (1) victim may claim funds from an escrow account, no victim may be compensated until all claims against the defendant have been adjudicated.
  2. (b) If more than one (1) victim recovers a judgment for money damages, and funds from the escrow account are insufficient to satisfy fully all judgments, money shall be apportioned to each victim on a prorated basis.
§ 29-13-407. Return of funds to defendant.
  1. (a) The attorney general and reporter immediately shall pay over to the defendant all of the funds in the escrow account:
    1. (1) Upon a showing by the defendant, or representative of the defendant, that three (3) years have elapsed from the date the escrow account has been established, and no civil actions are pending against the defendant; or
    2. (2) Upon disposition of the criminal charges favorable to the defendant.
  2. (b) If the defendant fails to make a showing under subdivision (a)(1) to the attorney general and reporter that the limitations period has expired, within six (6) months after the expiration of the period, the attorney general and reporter shall turn over all moneys in the escrow account to the criminal injuries compensation fund of this state.
§ 29-13-408. Use of funds for legal representation.
  1. Upon a showing by the defendant to the attorney general and reporter or the court in which the defendant's case on appeal is pending, that legal representation would not be otherwise affordable, the defendant shall be entitled to use funds from the escrow account to obtain legal representation at any stage of the criminal proceedings, including the appeals process. The defendant's use of such funds shall not exceed twenty percent (20%) of the total amount of the funds paid into the escrow account.
§ 29-13-409. Failure by defendant to establish claim for return of funds.
  1. Upon a showing by the defendant that three (3) years have passed since the date the escrow account was established, and that all civil judgments against the defendant have been satisfied, all remaining funds from the escrow account shall be paid to the defendant. If the defendant fails to make such a showing within six (6) months after the expiration of the limitation period, the attorney general and reporter shall turn over the remaining moneys in the escrow account to the criminal injuries compensation fund established by § 29-13-101.
§ 29-13-410. Violation of part — Penalty.
  1. An entity violating this part commits a Class A misdemeanor. If an entity contracts and makes payment to a defendant in violation of this part, the entity is liable to a victim of crime for three (3) times the amount that victim would be entitled to receive, plus the costs of collection including attorney's fees.
§ 29-13-411. Acts in derogation of part.
  1. Any action taken by the defendant, whether by way of execution of a power of attorney, creation of corporate identity or otherwise, to defeat the purpose of this part is void as against the public policy of the state.
Chapter 14 Declaratory Judgments
§ 29-14-101. Definition of person.
  1. “Person,” wherever used in this chapter, is construed to mean any person, partnership, joint stock company, trust, unincorporated association, or society, or municipal or other corporation of any character whatsoever.
§ 29-14-102. General power of courts.
  1. (a) Courts of record within their respective jurisdictions have the power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.
  2. (b) No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for.
  3. (c) The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree.
§ 29-14-103. Construction of statutes and written instruments.
  1. Any person interested under a deed, will, written contract, or other writings constituting a contract, or whose rights, status, or other legal relations are affected by a statute, municipal ordinance, contract, or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract, or franchise and obtain a declaration of rights, status or other legal relations thereunder.
§ 29-14-104. Construction of contract before or after breach.
  1. A contract may be construed either before or after there has been a breach thereof.
§ 29-14-105. Fiduciary powers and duties.
  1. Any person interested as or through an executor, administrator, trustee, guardian, conservator or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust, or of the estate of a decedent, an infant, person adjudicated incompetent, or insolvent may have a declaration of rights or legal relations in respect thereto to:
    1. (1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;
    2. (2) Direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or
    3. (3) Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
§ 29-14-106. Enumeration of powers not a restriction.
  1. The enumeration in §§ 29-14-103 — 29-14-105 does not limit or restrict the exercise of the general powers conferred in § 29-14-102, in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.
§ 29-14-107. Parties to proceedings.
  1. (a) When declaratory relief is sought, all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceedings.
  2. (b) In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party, and shall be entitled to be heard, and if the statute, ordinance, or franchise is of statewide effect and is alleged to be unconstitutional, the attorney general and reporter shall also be served with a copy of the proceeding and be entitled to be heard.
§ 29-14-108. Issues of fact.
  1. When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.
§ 29-14-109. Refusal to render judgment.
  1. The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceedings.
§ 29-14-110. Additional relief.
  1. (a) Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper.
  2. (b) The application therefor shall be by petition to a court having jurisdiction to grant the relief.
  3. (c) If the application be deemed sufficient, the court shall, on reasonable notice, require any adverse party whose rights have been adjudicated by the declaratory judgment or decree, to show cause why further relief should not be granted forthwith.
§ 29-14-111. Costs.
  1. In any proceeding under this chapter, the court may make such award of cost as may seem equitable and just.
§ 29-14-112. Review.
  1. All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.
§ 29-14-113. Liberal construction.
  1. This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.
Chapter 15 Ejectment
§ 29-15-101. Alternative actions.
  1. Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought.
§ 29-15-102. Right to ejectment.
  1. Any person having a valid subsisting legal interest in real property, and a right to the immediate possession thereof, may recover the same by an action of ejectment.
§ 29-15-103. Parties defendant.
  1. (a) The action is brought against the actual occupant, if any, and, if no such occupant, then against any person claiming an interest therein, or exercising acts of ownership at the commencement of the suit.
  2. (b) When the suit is against a tenant by a party claiming adversely to the title of the tenant's landlord, the landlord may appear and be made a defendant with, or in the place of, the tenant.
§ 29-15-104. Contents of declaration.
  1. It is sufficient for the plaintiff to allege in plaintiff's declaration that plaintiff was possessed of the premises sued for at the time specified, which should be after plaintiff's title accrued, and, being so possessed thereof, the defendant afterwards, on a day stated, entered thereon, and unlawfully withholds the same, to the plaintiff's damage, naming the sum. The plaintiff's declaration shall specify the quantity of plaintiff's estate and the extent of plaintiff's interest, according to the truth, and describe the premises, with convenient certainty, by metes and bounds, or other appropriate description.
§ 29-15-105. Joinder of counts and parties.
  1. (a) The declaration may contain several counts, and several parties may be named as plaintiffs, jointly in one (1) count and separately in others, but not without the consent of the party in person, or by a duly authorized agent, unless the party in person be tenant in common with the party commencing the suit.
  2. (b) If the name of a person be used as a plaintiff contrary to this provision, the suit shall be dismissed at the cost of the plaintiff, on motion of the defendant and the proof of want of authority.
§ 29-15-106. Death of parties.
  1. (a) The death of either party does not abate the action, but it may be revived in favor of the heirs or devisees of the plaintiff, and against the heirs and terre-tenants of the defendant.
  2. (b) If the heirs are nonresident, the court may order publication to be made for them, as in the case of other nonresident defendants; and, if they fail to appear and defend, judgment by default may be taken, subject to the rules and regulations of this Code touching judgments against nonresident defendants.
  3. (c) If any of the heirs of a deceased defendant are infants, either resident or nonresident, without regular guardian in this state, the court may appoint a guardian ad litem for such infants after suit has been revived against them by service of process or publication, as aforementioned. Should such nonresident heirs appear, the court may, at any time before the trial, upon satisfactory ground shown, change the guardians, and appoint others to defend in behalf of such defendants.
§ 29-15-107. Facts to be proved.
  1. (a) Upon the trial, the plaintiff need not prove an actual entry on or possession of the premises demanded, or receipt of any profits thereof, nor any lease, entry, or ouster, except as herein provided, but it is sufficient for plaintiff to show a right to the possession of the premises at the commencement of the suit.
  2. (b) If the action be brought by one (1) or more tenants in common, copartners, or joint owners, against their cotenants, the plaintiff shall prove actual ouster or some other act by the defendant amounting to a denial of the plaintiff's right as cotenant.
§ 29-15-108. Title bonds as evidence.
  1. On trials of actions of ejectment between vendor and vendee, title bonds, properly proved and registered, may be read in evidence, and shall have the same force and effect as a deed between the same parties.
§ 29-15-109. Parties involved in verdict.
  1. When there are more defendants than one (1), the jury may find the defendants jointly or severally guilty of detaining all or any distinct parcels of the premises, and plaintiff may have judgment against any or all defendants, according to the facts of the case. The verdict may be for plaintiffs, or such of them as appear to have right to the possession of the premises, or any part thereof, and against such of the defendants as were in possession thereof or claimed title thereto at the commencement of the action.
§ 29-15-110. Land described in verdict.
  1. (a) The plaintiff may recover any specific part or share of the premises embraced in the declaration, though less than plaintiff claims.
  2. (b) The verdict may specify the extent and quality of the plaintiff's estate, and the premises to which plaintiff is entitled, with reasonable certainty, by metes and bounds, or other sufficient description, according to the facts as proved.
§ 29-15-111. Expiration of plaintiff's right.
  1. If the right of the plaintiff expire after the commencement of the suit and before trial, the verdict shall be according to the facts, and judgment shall be entered for damages for the withholding of the premises by the defendant; and as to the premises, the judgment shall be that the defendant go hence without delay.
§ 29-15-112. General verdict for plaintiff.
  1. A general verdict in favor of the plaintiff, without such specifications, entitles the plaintiff to the quantity of interest, or estate, and the premises, as set forth and described in the declaration.
§ 29-15-113. Judgment conforming to verdict or declaration.
  1. The judgment for the plaintiff is that plaintiff recover the possession of the premises according to the verdict, or, if by default or on demurrer, according to the description in the declaration.
§ 29-15-114. Writ of possession.
  1. The judgment is executed by a writ of possession, issued to the sheriff, and directing the sheriff to put the plaintiff in possession of the premises.
§ 29-15-120. Conclusiveness of judgment.
  1. Any such judgment is conclusive upon the party against whom it is recovered, not under disability at the time of the recovery, and all persons claiming under the party by title accruing after the commencement of the action.
§ 29-15-121. Mesne profits — Improvements.
  1. This chapter does not deprive the plaintiff of a right to an action for mesne profits after verdict and judgment in plaintiff's favor, or the defendant of the right to file a bill in equity for the value of defendant's improvements, but those rights are subject to the general provisions of this Code regulating actions.
§ 29-15-122. Tenant's liability for rents.
  1. A tenant in possession in good faith, under a lease or license from another, is not liable beyond the rent in arrear at the time of suit brought for the recovery of the land, and that which may afterwards accrue during the continuance of the tenant's possession.
§ 29-15-123. Improvements setoff.
  1. Persons holding possession in good faith, under color of title, are entitled to have the value of their permanent improvements setoff against the rents and profits which the plaintiff may recover.
§ 29-15-124. Disposition of contents on execution.
  1. (a) In executing a writ of possession after judgment in an action of ejectment, the option of having personal property removed to a local warehouse for storage or having it removed from the property as has been the procedure of sheriffs prior to March 28, 1976 shall be with the person being ejected.
  2. (b) All storage fees and transportation costs incurred are to be paid by the owner of the stored property.
§ 29-15-125. Rebuttable presumption of legal title.
  1. In order to establish a rebuttable presumption of legal title to real property for the purpose of bringing an action of ejectment, it shall be sufficient for a person claiming legal title to establish the chain of title to the property for the preceding fifty (50) years in any instance where the property title records of the county have been destroyed so as to make it impossible to trace the title of the property to the earliest sale or grant.
Chapter 16 Eminent Domain
Part 1 General Provisions
§ 29-16-101. Power for internal improvements.
  1. Any person or corporation authorized by law to construct any railroad, turnpike, canal, toll bridge, road, causeway, or other work of internal improvement to which the like privilege is conceded, may take the real estate of individuals, not exceeding the amount prescribed by law, or by the charter under which the person or corporation acts, in the manner and upon the terms herein provided.
§ 29-16-102. Incorporation of chapter into other laws.
  1. (a) This chapter shall be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of such condemnation.
  2. (b) The making of compensation for such a taking, as therein set forth, shall also be so implied.
§ 29-16-103. Property of corporations.
  1. The operation of this chapter is extended so that the same shall apply to and include the condemnation and taking of property, privileges, rights, or easements of private corporations for public purposes or internal improvements.
§ 29-16-104. Petition.
  1. The person seeking to appropriate such land shall file a petition in the circuit court of the county in which the land lies, setting forth, in substance:
    1. (1) The parcel of land or rights therein or incident thereto a portion of which is wanted, and the extent wanted;
    2. (2) The name of the owner of such land or rights, or, if unknown, stating the fact;
    3. (3) The object for which the land, etc., is wanted; and
    4. (4) A prayer that a suitable portion of land or rights may be decreed to the petitioner, and set apart by metes and bounds, or other proper mode.
§ 29-16-105. Notice of petition.
  1. (a) Notice of this petition, together with a copy thereof, shall be given to the owner of the land or rights, or, if a nonresident of the county, to the landownder's agent, at least five (5) days before its presentation.
  2. (b) If the owner is a nonresident of the state or unknown, notice shall be given by publication, as provided in this code in similar cases in chancery.
§ 29-16-106. Parties defendant.
  1. All parties having any interest in any way in such land or rights may be made defendants, and the proceedings shall only cover and affect the interest of those who are actually made parties, unborn remaindermen being, however, bound by proceedings to which all living persons in interest are parties.
§ 29-16-108. Constitution of jury.
  1. The jury will consist of five (5) persons, unless the parties agree upon a different number, and either party may challenge, for cause or peremptorily, as in other civil cases.
§ 29-16-109. Qualifications of jurors.
  1. The jurors shall not be interested in the same or a similar question, and shall possess the qualifications of other jurors, and may be nominated by the court, selected by consent of parties, or summoned by the sheriff.
§ 29-16-110. Substitution of jurors.
  1. If named by the court, and the persons named are unable to attend when summoned, the place of such persons shall be supplied by the sheriff.
§ 29-16-111. Notice of inquest.
  1. The sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of taking the inquest, unless the time has been fixed by the order of court.
§ 29-16-112. Swearing of jury.
  1. The jury, before proceeding to act, shall be sworn by the sheriff, fairly and impartially, without favor or affection, to lay off, by metes and bounds, the land required for the proposed improvement, and to inquire and assess the damages.
§ 29-16-113. Investigation by jury.
  1. (a) The jury will then proceed to examine the ground, and may hear testimony, but no argument of counsel, and set apart, by metes and bounds, a sufficient quantity of land for the purposes intended, and assess the damages occasioned to the owner thereby.
  2. (b) In condemning rights-of-way for telegraph and telephone companies, or riparian rights, the juries shall not be required to lay off the property, privileges, rights, or easements included in the petition, or sought to be condemned, by metes and bounds; and, in such cases, it shall be discretionary with such juries whether they will view the premises or not.
§ 29-16-115. Return of jury's report.
  1. The report of the jury shall be reduced to writing, signed by a majority of the jurors, delivered to the sheriff, and by the sheriff returned into court.
§ 29-16-116. Confirmation of report.
  1. If no objection is made to the report, it is confirmed by the court, and the land decreed to the petitioner, upon payment to the defendants, or to the clerk for their use, of the damages assessed, with costs.
§ 29-16-117. Setting aside report.
  1. Either party may object to the report of the jury, and the same may, on good cause shown, be set aside, and a new writ of inquiry awarded.
§ 29-16-118. Appeal.
  1. (a) Either party may also appeal from the finding of the jury, and, on giving security for the costs, have a trial anew, before a jury in the usual way.
  2. (b) In all cases where the right to condemn is not contested and the sole question before the jury is that of damages the property owner shall be entitled to open and close the argument before the court and jury.
  3. (c) The time within which either party may appeal from the finding of the jury of view shall be forty-five (45) days from the date of the entry of the court's order confirming the report of the jury of view.
§ 29-16-119. Costs on appeal.
  1. If the verdict of the jury, upon the trial, affirms the finding of the jury of inquest, or is more unfavorable to the appellant than the finding of such jury, the costs shall be adjudged against such appellant; otherwise the court may award costs as in chancery cases.
§ 29-16-120. Operations pending appeal.
  1. The taking of an appeal does not suspend the operations of the petitioner on the land; provided such petitioner will give bond with good security, to be approved by the clerk, in double the amount of the assessment of the jury of inquest, payable to the defendants, and conditioned to abide by and perform the final judgment in the premises.
§ 29-16-121. Preliminary surveys.
  1. A person or company actually intending to make application for the privileges herein contemplated, and entering upon the land of another for the purpose of making the requisite examinations and surveys, and doing no unnecessary injury, is liable only for the actual damage done, and, if sued in such case, the plaintiff shall recover only as much costs as damages.
§ 29-16-122. Prerequisites to occupation.
  1. No person or company shall, however, enter upon such land for the purpose of actually occupying the right-of-way, until the damages assessed by the jury of inquest and the costs have been actually paid; or if an appeal has been taken, until the bond has been given to abide by the final judgment as provided in § 29-16-120.
§ 29-16-123. Action initiated by owner.
  1. (a) If, however, such person or company has actually taken possession of such land, occupying it for the purposes of internal improvement, the owner of such land may petition for a jury of inquest, in which case the same proceedings may be had, as near as may be, as hereinbefore provided; or the owner may sue for damages in the ordinary way, in which case the jury shall lay off the land by metes and bounds and assess the damages, as upon the trial of an appeal from the return of a jury of inquest.
  2. (b) Additionally, the court rendering a judgment for the plaintiff in a proceeding brought under subsection (a), arising out of a cause of action identical to a cause of action that can be brought against the United States under 28 U.S.C. § 1346(a)(2) or § 1491, or the attorney general or chief legal officer of a political subdivision of the state effecting a settlement of any such proceeding, shall determine and award or allow to such plaintiff, as a part of such judgment or settlement such sum as will in the opinion of the court, or the attorney general or chief legal officer of a political subdivision of the state reimburse such plaintiff for reasonable costs, disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of such proceeding.
§ 29-16-124. Limitation of owners' actions.
  1. All actions that could be brought under § 29-16-123(a), regardless of the cause of action or remedy sought, including actions for trespass or nuisance, shall be commenced within twelve (12) months after the land has been actually taken possession of, and the work of the proposed internal improvement begun; saving, however, to unknown owners and nonresidents, twelve (12) months after actual knowledge of such occupation, not exceeding three (3) years, and saving to persons under the disabilities of infancy and unsoundness of mind, twelve (12) months after such disability is removed, but not exceeding ten (10) years.
§ 29-16-125. Compensation of jurors — Limitation on compulsive service.
  1. (a) The courts having jurisdiction of eminent domain proceedings are hereby authorized and empowered to fix the per diem of jurors who serve as members of juries of view in an amount not exceeding ten dollars ($10.00) per day, and the courts shall have no power or authority to fix an additional amount of remuneration for such jurors.
  2. (b)
    1. (1) Provisions of this section relating to compensation shall not repeal or apply to jurors in any county or counties wherein the per diem of jurors of view is fixed in an amount less than ten dollars ($10.00) per day by any private act or acts heretofore or hereafter passed.
    2. (2) In counties of this state having a population of not less than two hundred thousand (200,000), according to the federal population census of 1960 or any subsequent federal population census, the amount shall not exceed one hundred dollars ($100) per day; provided, that by majority vote of the county legislative body occurring prior to January 1, 1998, such amount may be alternatively set at a level not to exceed twenty-five dollars ($25.00) per day.
  3. (c) No person shall be compelled to serve as a member of a jury of view more often than once every two (2) years.
§ 29-16-126. Hospitals — Eminent domain powers.
  1. (a) In any counties of this state having a population of not less than one hundred thousand (100,000) nor more than one hundred fifty thousand (150,000), according to the federal census of 1960 or any subsequent federal census, any hospital incorporated as a general welfare corporation under the laws of the state of Tennessee shall have the power of eminent domain and shall have the right and authority to condemn such lands, property, property rights, privileges and easements of others as may in the judgment of its board of directors, together with the concurrence of two-thirds (⅔) of the members of the governing body of the municipality in which such hospital is located or in the event such hospital is located outside the boundaries of an incorporated municipality then together with the concurrence of two-thirds (⅔) of the county legislative body of the county of location, be deemed necessary or proper for the purpose of providing buildings and other facilities, including any extension, enlargement or improvement for hospital purposes only.
  2. (b) The land or property sought to be condemned must be adjacent and contiguous to the property upon which such hospital is presently located and not across any street.
Part 2 Determination of Damages
§ 29-16-201. Determining appraised value of property damaged by governmental entity.
  1. Notwithstanding law to the contrary, in any case where a governmental entity accidentally or negligently causes substantial property damage, the appraised value recorded by the assessor of property for the year in which the damage occurred, divided by the state approved appraisal ratio for the county, shall be admissible into evidence as to the value of such property if such property owner:
    1. (1) Had no prior notice or knowledge that such damages would occur; and
    2. (2) Did not have a reasonably current appraisal preexisting the date of the property damage.
§ 29-16-202. Writ of inquiry of damages.
  1. (a) After the requisite notice has been given, if no sufficient cause to the contrary is shown, the court shall issue a writ of inquiry of damages to the sheriff, commanding the sheriff to summon a jury to inquire and assess the damages.
  2. (b) By consent of parties, or on application of the plaintiff, unless objection is made by the defendant, the writ of inquiry may be issued by the clerk, as of course, after service of notice, on which the sheriff will summon the jury.
§ 29-16-203. Elements of damages.
  1. (a)
    1. (1) In estimating the damages, the jury shall give the value of the land or rights taken without deduction, but incidental benefits which may result to the owner by reason of the proposed improvement may be taken into consideration in estimating the incidental damages. Whenever any person, agency, or other entity acquires interest in any parcel of real property and such acquisition requires the removal of furniture, household belongings, fixtures, equipment, machinery, or stock in trade of any person in rightful possession, regardless of whether such person has a legal interest in such property, the reasonable expense of the removal shall be considered in assessing incidental damages. The reasonable expense of the removal of such chattels shall be construed as including the cost of any necessary disconnection, dismantling, or disassembling, the loading, and drayage to another location not more than fifty (50) miles distant, and the reassembling, reconnecting, and installing on such new location.
    2. (2) When title to an entire tax parcel is condemned in fee, the total amount of damages for the condemnation of the parcel shall be not less than the last valuation used by the assessor of property just prior to the date of taking, less any decrease in value for any changes in the parcel occurring since the valuation was made, such as the removal or destruction of a building, flooding, waste, or removal of trees. The valuation may be introduced and admitted into evidence at the trial. In addition to condemnation proceedings under this chapter, this subdivision (a)(2) shall apply to condemnation proceedings under chapter 17 of this title or any other law.
  2. (b) Notwithstanding any other law, if any person, agency, or other entity acquires any interest in real property pursuant to the execution of the power of eminent domain, the person shall acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property so acquired and which the person requires to be removed from such real property or which the person determines will be adversely affected by the use to which such real property will be put.
  3. (c)
    1. (1) For the purpose of determining the just compensation to be paid for any building, structure, or other improvement required to be acquired by subsection (b), such building, structure, or other improvement shall be deemed to be a part of the real property to be acquired, notwithstanding the right or obligation of a tenant, as against the owner of any other interest in the real property to remove such building, structure, or improvement at the expiration of his term, and the fair market value which such building, structure, or improvement contributes to the fair market value of the real property to be acquired, or the fair market value of such building, structure, or improvement for removal from the real property, whichever is the greater, shall be paid to the tenant therefor.
    2. (2) Payment under this subsection (c) shall not result in duplication of any payments otherwise authorized by law. No such payment shall be made unless the owner of the land involved disclaims all interest in the improvements of the tenant. In consideration for any such payment, the tenant shall assign, transfer, and release to the acquiring party all the tenant's right, title, and interest in and to such improvements. Nothing in this subsection (c) shall be construed to deprive the tenant of any rights to reject payment under this subsection (c) and to obtain payment for such property interests in accordance with applicable law, other than this subsection (c).
  4. (d) Any person, agency or other entity acquiring real property pursuant to the exercise of eminent domain shall as soon as practicable after the date of payment of the purchase price or the date of deposit into court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, reimburse the owner, to the extent that such acquiring party deems fair and reasonable for expenses the owner necessarily incurred for:
    1. (1) Recording fees, transfer taxes, and similar expenses incidental to conveying such real property to the acquiring party;
    2. (2) Penalty costs for repayment of any preexisting recorded mortgage entered into in good faith encumbering such real property; and
    3. (3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the acquiring party, or the effective date of possession by the acquiring party, whichever is earlier.
Chapter 17 Eminent Domain by Public Agencies
Part 1 Power and Use of Eminent Domain — General Provisions
§ 29-17-101. Legislative intent.
  1. It is the intent of the general assembly that the power of eminent domain shall be used sparingly, and that laws permitting the use of eminent domain shall be narrowly construed so as not to enlarge, by inference or inadvertently, the power of eminent domain.
§ 29-17-102. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Eminent domain” means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the United States Constitution, the Constitution of Tennessee, Article I, § 21, and chapter 863 of the Public Acts of 2006; and
    2. (2) “Public use” does not include recreational facilities, recreational purposes, or parks; private use or benefit; or the indirect public benefits resulting from private economic development and private commercial enterprise, including increased tax revenue and increased employment opportunity, except as follows:
      1. (A) The acquisition of any interest in land necessary for a road, highway, bridge, or other structure, facility, or project used for public transportation;
      2. (B) The acquisition of any interest in land necessary to the function of a public or private utility, a governmental or quasi-governmental utility, a common carrier, or any entity authorized to exercise the power of eminent domain under title 65;
      3. (C) The acquisition of property by a housing authority or community development agency to implement an urban renewal or redevelopment plan in a blighted area, as authorized by title 13, chapter 20, part 2 or title 13, chapter 21, part 2;
      4. (D) The acquisition of any interest in land for parks or natural areas by this state, in accordance with title 11; brownfield projects, as defined in § 68-212-202; or the redevelopment of brownfield sites, as defined in § 7-53-316; or
      5. (E) Private use that is merely incidental to a public use, so long as no land is condemned or taken primarily for the purpose of conveying or permitting the incidental private use.
§ 29-17-103. Preemption.
  1. In event of a conflict between this part and any other statutes granting the authority to use the power of eminent domain by government entities, or those entities to whom the government delegates such authority, this part shall control and shall be construed to protect the private property rights of individuals and businesses, such that private property may only be condemned and taken for legitimate public use as defined in § 29-17-102.
§ 29-17-104. Condemnation proceedings.
  1. (a) Notwithstanding any law to the contrary, in any condemnation proceedings initiated in this state:
    1. (1) Notice of the filing of a petition to institute condemnation proceedings shall be given to each respondent at least thirty (30) days prior to the taking of any additional steps in the case. If the respondent is unknown, is a nonresident of the state, or cannot be found, notice shall be given by publication, which shall be made in the same manner as provided by law for similar situations in chancery court; and
    2. (2)
      1. (A) After the expiration of thirty (30) days from the date of the giving of notice, if the right to take has not been challenged in an answer, the condemner shall have the right to take possession of the property or property rights sought to be condemned; and
      2. (B) If the right to take is challenged in an answer within thirty (30) days from the date of the giving of notice, the court shall promptly determine, as a matter of law, whether the condemner has the right to take the property or property rights sought to be condemned. If the court determines that the condemner has the right to take, the condemner shall thereupon have the right to take possession thereof.
  2. (b) When a condemner has the right to take possession of property or property rights, if necessary, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession. The writ may be issued prior to a trial on the damages.
§ 29-17-105. Deposit by the condemner.
  1. If, pursuant to an applicable statute or order of the court, the condemner is required to deposit funds with the court in the amount the condemner deems to be the amount of damages to which the owner is entitled pursuant to the condemnation, and a respondent is not satisfied with the amount deposited by the condemner, or otherwise objects to the taking, then the respondent shall, on or before thirty (30) days from the date of notice of the filing of the petition, file an answer to the petition and a trial may thereafter be had before a petit jury, as other civil actions are tried. The deposit by the condemner shall not limit or fix the amount to be allowed under subsequent proceedings in the action.
§ 29-17-106. Taxing of costs.
  1. (a) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state, the bill of costs prepared by the clerk shall be taxed against:
    1. (1) The condemner, if:
      1. (A) The amount of damages awarded at trial exceeds the amount assessed by the condemner and deposited with the clerk;
      2. (B) The condemnation is abandoned by the condemner; or
      3. (C) The final judgment is that the condemner cannot acquire the property or property rights by condemnation; or
    2. (2) The respondents, if the amount of damages awarded at trial does not exceed the amount assessed by the condemner and deposited with the clerk.
  2. (b)
    1. (1) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action, only if the costs are taxed to the condemner pursuant to subdivision (a)(1)(B) or (a)(1)(C). The court shall not award this sum if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
    2. (2) Notwithstanding any law to the contrary, in any condemnation proceeding initiated in this state in which interest in the property is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, the court shall award the respondents a sum that will reimburse them for their reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees actually incurred because of the action. The court shall not award reasonable attorney fees if the costs are taxed to the condemner pursuant to subdivision (a)(1)(A).
  3. (c) Rule 54.04 of the Tennessee Rules of Civil Procedure shall govern the taxing of any additional costs.
§ 29-17-107. Condemning land for public use — Condemner burden of proof — Determination of necessity defense — Exclusions.
  1. (a) A condemner bears the burden of proving by a preponderance of the evidence that:
    1. (1) The land, real estate, premises, or other property the condemner seeks to acquire is required for a public use;
    2. (2) The condemner has a plan that reflects a reasonable schedule to complete the public use after the condemner takes ownership of the property;
    3. (3) The condemner has access to funding to complete the public use; and
    4. (4) The public use cannot be accomplished by using or acquiring other property within the vicinity of the condemned property with the consent of the owner of the other property without an unreasonable increase in cost, delay, or a reduction in the effectiveness of the property.
  2. (b) When a condemner approves the use of eminent domain, the property owner has a right to have a court of competent jurisdiction determine if the taking is necessary to accomplish the public use. The property owner may raise this section's required determination of necessity as a defense in an answer filed under § 29-17-104(a)(2) or in a separate cause of action notwithstanding § 29-17-104(a)(2), subject to the statute of limitations pursuant to § 29-16-124.
  3. (c) This section does not apply to condemnation actions for projects or uses regarding streets, highways, roads, bridges, transportation, utility water, public water projects, sewer, electricity, and utilities, including, but not limited to, gas and natural gas utilities.
Part 2 Counties
§ 29-17-201. County purposes.
  1. Counties are empowered to condemn and take the property, buildings, privileges, rights, and easements of individuals and private corporations for any county purpose.
§ 29-17-202. County bridges.
  1. All counties authorized to construct bridges are empowered to take and condemn the lands, property, buildings, and riparian and property rights, privileges, and easements of individuals and private corporations for approaches to such bridges and for bridge purposes, or which may be necessary for the construction or use of such bridges.
§ 29-17-203. Taking bridge property pending litigation.
  1. Pending the assessment of damages or any litigation in regard thereto, in any case of authorized taking and condemnation, the counties may give bond, with good and sufficient security payable to the owner or owners of such lands, property, buildings, riparian, or property rights, privileges, or easements, to pay promptly to the owner or owners any amount of damages which may be assessed by the jury as provided for in § 29-17-202; and, upon executing and filing such bond, may thereupon take such lands, property, buildings, riparian and property rights and privileges and easements.
Part 3 Municipalities
§ 29-17-301. Powers of municipalities.
  1. All municipal corporations are empowered to take and condemn lands, property, property rights, privileges and easements of others for the purpose of constructing, laying, repairing, or extending sewers, water pipes, natural gas mains and pipes, or drainage ditches, both within and beyond the corporate limits of such cities, and of acquiring ingress and egress in the construction, repairing or maintenance thereof, and in making connection thereto; such property or interest in such property may be so acquired whether or not the same is owned or held for public use by corporations, associations or persons having the power of eminent domain, or otherwise held or used for public purpose; provided, that such prior public use will not be interfered with by this use.
§ 29-17-302. Procedure by municipalities.
  1. The compensation for damages in taking such lands, property, property rights, privileges, and easements shall be paid by such municipalities, and same shall be condemned and determined in the mode and manner provided by §§ 7-31-108 — 7-31-111, and the rights and powers contained in such sections are extended to and conferred upon all of the municipal corporations.
Part 4 University of Tennessee
§ 29-17-401. University of Tennessee.
  1. (a) The University of Tennessee has the power to condemn and appropriate such lands, property, property rights, privileges and easements of others as in the judgment of its board of trustees, or the executive committee thereof, may be necessary or proper for the purpose of providing buildings and other facilities, building sites, campus grounds, commons, streets, walkways, rights-of-way for utilities and other improvements, and for any extension, enlargement or improvement thereof, for the use and operation of such university and its various units and branches throughout the state.
  2. (b) The compensation for damages in taking of such lands, property, property rights, privileges, and easements shall be paid by such university, and the same shall be condemned and determined in the mode and manner provided in chapter 16 of this title.
Part 5 Housing Authorities
§ 29-17-501. Housing authorities — Declaration of taking.
  1. (a) No sooner than thirty (30) days after the filing of a petition by a housing authority, created pursuant to the Housing Authorities Law, compiled in title 13, chapter 20, or any other law of this state, for condemnation of property, and before the entry of final judgment, a housing authority may file with the clerk of the court in which the petition is filed a declaration of taking signed by the duly authorized officer or agent of the housing authority, declaring that all or any part of the property described in the petition is being taken for the use of the housing authority.
  2. (b) The declaration of taking shall be sufficient if it sets forth:
    1. (1) A description of the property, sufficient for the identification thereof, to which there may be attached a plat or map thereof;
    2. (2) A statement of the estate or interest in such property being taken; and
    3. (3) A statement of the sum of money estimated by the housing authority to be just compensation for the property taken, which sum shall be not less than the last assessed valuation for tax purposes of the estate or interest in the property to be taken.
§ 29-17-502. Withdrawal of petition.
  1. At any time prior to the vesting of title to property in the housing authority, the authority may withdraw or dismiss its petition with respect to any and all of the property therein described.
§ 29-17-503. Vesting of title — Surrender of possession.
  1. (a) From the filing of the declaration of taking and the deposit in court to the use of the persons entitled thereto of the amount of the estimated compensation stated in the declaration, title to the property described as being taken by the declaration shall vest in the housing authority, free from the right, title, interest or lien of all parties to the cause, and such property shall be deemed to be condemned and taken for the use of the housing authority, and the right to just compensation for the same shall vest in the persons entitled thereto.
  2. (b) Upon the filing of the declaration of taking, the court shall designate a day, not exceeding twenty (20) days after such filing, except upon good cause shown, on which the persons in possession shall be required to surrender possession to the authority.
§ 29-17-504. Determination and payment of compensation.
  1. (a) The ultimate amount of compensation shall be determined pursuant to chapter 16 of this title.
  2. (b) In the event a housing authority files a declaration of taking and pays into court an amount estimated to be fair compensation for such property as provided in §§ 29-17-501 and 29-17-503, the property owner shall have the right to make written request to the clerk of the court wherein such funds have been deposited, to pay to such property owner without prejudice to any of the property owner's rights, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid into court or that a judgment may be entered against the owner in such case for the difference. Such payment to the property owner or into court shall in nowise limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of taking possession of the property or property rights condemned by the condemner; provided, that no interest shall be allowed on the amount deposited with the clerk. The clerk shall be authorized to disburse the deficiency to the defendants as their interests may appear.
  3. (c) In the event the housing authority shall not obtain possession of the property on the date of vesting of title, the ultimate amount of compensation, including any interest paid on the deficiency award, if any, shall be subject to abatement for use, income, rents, or profits derived from such property by the owner thereof subsequent to the vesting of title in the housing authority, and any funds disbursed shall be less the amount of abatement.
Part 6 Coast and Geodetic Surveys
§ 29-17-601. Coast and geodetic survey.
  1. Any person employed under an act of congress of the United States, passed on August 6, 1947, and of the supplements thereto, or under the direction of congress, to provide charts and related information for the safe navigation of marine and air commerce and for other purposes, may enter upon lands within this state for the purpose of exploring, triangulating, leveling, surveying, and of doing any other act which may be necessary to carry out the objects of such laws, and may erect any works, stations, buildings, and appendages requisite for that purpose, doing no unnecessary injury thereby.
§ 29-17-602. Damages payable by geodetic survey.
  1. If the person over whose lands the survey has been made, or upon whose lands monuments, stations, or buildings have been erected, or who has in any way sustained damage by such survey, cannot agree with the officer of the survey as to the damage sustained, the amount of such damage may be ascertained in the manner provided for the taking of private property for public uses.
Part 7 Action in Rem
§ 29-17-701. Action in rem — Title uncertain.
  1. (a) Whenever the state of Tennessee or any county therein or the United States shall desire to take or damage private property in pursuance of any law so authorizing, and shall find or believe that the title of the apparent or presumptive owner of such property is defective, doubtful, incomplete or in controversy; or that there are or may be persons unknown or nonresidents who have or may have some claim or demand thereon, or some actual or contingent interest or estate therein; or that there are minors or persons under disability who are or may be interested therein; or that there are taxes due or that should be paid thereon; or shall, for any reason, conclude that it is desirable to have a judicial ascertainment of any question connected with the matter; the state, county or the United States as the condemner, through any authorized representative, either in term time or vacation, may petition the circuit court of the county having jurisdiction, for a judgment in rem against such property, condemning the same to the use of the petitioner upon payment of just and adequate compensation therefor to the person or persons entitled to such payment.
  2. (b) After the expiration of ten (10) days from the date the petition for condemnation is filed in the circuit court, the petitioner shall have the right to thereupon enter upon and take possession of the land sought to be condemned, and if necessary to place such petitioner in possession thereof, the clerk of the circuit court in which the petition is filed shall issue to the petitioner, upon request, a writ of possession directed to the sheriff of the county to put the petitioner into possession of the land.
§ 29-17-702. Contents of petition.
  1. (a) The petition shall set forth the facts showing the right to condemn; the property to be taken or damaged, a full description of which shall be filed as an exhibit to the petition; the names and residences of the persons whose property or rights are to be taken or otherwise affected, so far as known; shall describe the persons or classes of persons unknown, whose rights therein are to be excluded or otherwise affected; shall set forth such other facts as are necessary for a full understanding of the cause; and shall pray for such judgment of condemnation as may be proper and desired.
  2. (b) If any of the persons referred to are minors or under disability, the facts shall be stated.
§ 29-17-703. Notice of hearing.
  1. (a) The presiding judge may thereupon make an order requiring all persons concerned to appear at a time and place therein named, and make known their objections, if any, their rights, if any, their claims as to the value of the property or of their interest therein, and any other matters material to their respective rights, upon a day certain, not later than thirty (30) days after the issuance of process, which day shall be as early as may be convenient, having due regard to the necessities of notice, and shall in such order give appropriate directions for such notice and the service thereof.
  2. (b) Such process shall be returned within twenty (20) days after its issuance.
  3. (c) No service of a copy of the petition shall be necessary.
  4. (d) Upon the return of process by the sheriff, if it shall appear that any of the defendants cannot be found or that they are nonresidents of the state, publication shall be made for them in the same manner as provided in §§ 21-1-203 — 21-1-205 for publications for nonresidents and parties unknown in chancery suits.
§ 29-17-704. Parties bound — Defendants under disability.
  1. (a) All parties having any interest or rights in such lands may be made defendants and proceedings shall only cover and affect the interest of those who are actually made parties, the unborn remaindermen being, however, bound by the proceedings to which all living persons in interest are parties.
  2. (b) If it shall appear that any of the parties defendant are minors or otherwise under disability, the presiding judge shall appoint a guardian ad litem to represent them, whose compensation shall be fixed by the court and taxed as a part of the costs.
§ 29-17-705. Trial by jury.
  1. If no objection be made to the acquisition of the land, or in case there is an agreed price between the petitioner and the presumptive or apparent owners of the property, the trial may be had before a jury at the first term of court after the return date; and in the discretion of the presiding judge all questions of title may be tried by the same jury at the same time.
§ 29-17-706. Jury of view.
  1. (a) In case any party to the suit shall demand the appointment of a jury of view, the presiding judge shall appoint a jury of view as provided for in §§ 29-16-108 — 29-16-110 and 29-16-202.
  2. (b) The order appointing the jury of view shall fix the date when they shall go upon the land; and in case no date is fixed, the sheriff shall give the parties or their agents, if residents of the county, three (3) days' notice of the time and place of going upon the land.
  3. (c) The method of conduct and procedure after the appointment of the jury of view shall comply with §§ 29-16-112 — 29-16-119 and 29-16-203.
§ 29-17-707. Procedure after demand for jury of view.
  1. (a) On the day named in the rule, or at any other time to which the hearing may be continued, the court, having first passed on and adjudged all questions touching service and notice, shall, after hearing from all persons responding and desiring to be heard, make such order as to the appointment of a jury of view as provided in § 29-17-706 and give all persons interested equal rights in the selection thereof. If, by reason of conflicting interests or otherwise, such equality of right cannot be preserved, the judge presiding shall make such order on the subject as shall secure a fair and impartial assessment, or may, in the judge's discretion, order the issue tried in the first instance by a jury.
  2. (b) In any event, it shall be within the power of the court to hear such cause as speedily as may be consistent with justice and due process of law, and, if necessary, at the term at which it is filed, or the first term after filing.
§ 29-17-708. Payment of taxes.
  1. It is the duty of any trustee or other officer charged with the collection of taxes, notified as required in § 29-17-703, to make known to the court in writing the taxes due on the property, and the court shall give such direction as will satisfy the same and discharge the lien thereof.
§ 29-17-709. Court control of proceedings.
  1. All questions of law arising upon the pleadings or in any other way arising from the cause may be passed on by the presiding judge, who may, from time to time, in term or vacation make such orders and give such directions as are necessary to speed the cause, and as may be consistent with justice and due process of law; but no jury trial shall be had except in open court, except the hearing before the jury of view.
§ 29-17-710. Intervention or delayed pleadings.
  1. (a) No provision contained in this part in reference to any rule or order, or time for responding thereto, shall be held or construed to exclude any person, as by way of default, from making known that person's right or claims in the property or in the fund arising therefrom within the time allowed.
  2. (b) Any such person claiming any interest or any rights therein may file appropriate pleadings or intervention at any time before verdict or award, and be fully heard thereon.
  3. (c) If any person, after judgment of condemnation, shall desire to come in and be heard on any claim to the fund or to any interest therein, the person shall be allowed to do so within not exceeding thirty (30) days.
  4. (d) After condemnation is had and the fund paid into the registry of the court, the petitioner shall not be concerned with or affected by any subsequent proceedings unless upon appeal from the verdict or award as allowed in § 29-17-706.
§ 29-17-711. Award and judgment.
  1. (a) The award or verdict, as the case may be, shall have respect, either to the entire and unencumbered fee, or to any separate claim against the property or interest therein as may be ordered, and may be molded under the direction of the court so as to do complete justice and avoid confusion of interests.
  2. (b) It shall be within the power of the court, upon payment of the award or verdict into the registry of the court, to adjudge a condemnation of the title as sought in the petition, and give such direction as to the disposition of the fund as shall be proper, according to the rights of the several defendants, causing such pleadings to be filed and such issues made up as shall be appropriate for an ascertainment and determination of such rights.
§ 29-17-712. Recording of decree.
  1. (a) When such condemnation is fully completed, the award, whether made by a jury of view or the verdict of a jury, together with the decree of the court based thereon and a minute description of the property or interest condemned, or a duly certified copy of such award, decree and description, may be filed and recorded in the records of deeds in the office of the register of the county where the land so condemned lies, and if the land lies in more than one (1) county, such filing and recording may be made in each county in which such land lies.
  2. (b) The register shall be entitled to the same fees for such filing and recording as are now, or may hereafter be, allowed by law for the filing and recording of deeds; such fees to be paid by the party in whose favor such condemnation is had.
§ 29-17-713. Provisions supplemental.
  1. This part shall not be construed as repealing any provisions of other statutes prescribing a method of procedure for the condemnation of private property, but as supplementary thereto and cumulative thereof in cases in which the state or any county or the United States is concerned, and is intended to make simpler and more effective the method of condemnation in those cases where conflicting interests or doubtful questions render a judicial supervision of the procedure desirable. In all particulars not otherwise herein specially provided for, the court shall conform its procedure as nearly as may be to the provisions of the statute and the same shall remain in force.
Part 8 Payments into Court
§ 29-17-801. Payments into court at commencement of condemnation proceedings.
  1. (a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the property or property rights be condemned and decreed to the condemner.
  2. (b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in such case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
§ 29-17-802. Certain authorities excepted.
  1. Section 29-17-801 shall apply only to condemnation proceedings instituted by the state of Tennessee, its counties, or municipalities, and shall not apply to any housing authority, association, or administration.
Part 9 Supplementary Method
§ 29-17-901. Eminent domain for state, county or municipal road purposes and for certain levee and drainage districts — Supplementary condemnation procedure for counties and municipalities.
  1. (a)
    1. (1) The state of Tennessee, its counties or municipalities are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway by the official charged by law with the construction or maintenance of the same.
    2. (2) Levee and drainage districts located in counties with a population of not less than thirty thousand (30,000) nor more than thirty-one thousand (31,000), according to the 1970 federal census or any subsequent federal census, created pursuant to title 69, chapter 6, are hereby authorized and empowered to acquire by the exercise of the power of eminent domain, in the manner hereinafter set out, such right-of-way, land, material, easements and rights as may be deemed necessary, suitable or desirable to construct levees, ditches, drains or watercourses, or to straighten, widen, deepen, or change natural watercourses in such districts.
  2. (b) Sections 29-17-902 — 29-17-914 shall also be deemed, unless expressly stated to the contrary, and without incorporation or reference, to be a part of every section, or legislative act, present or future, which grants the power of condemnation to counties and municipalities for county and municipal purposes respectively, and the making of compensation in the manner therein set forth shall also be so implied; provided, that either party, upon filing a statement to that effect within five (5) days of the service or publication of the original petition, may elect to proceed under chapter 16 of this title or this chapter.
§ 29-17-902. Deposit of amount of damages.
  1. When a governmental entity or a levee or drainage district authorized to condemn by § 29-17-901(a)(2) deems it necessary or desirable to condemn any property or property rights as set out in § 29-17-901, it shall proceed to determine what it deems to be the amount of damages to which the owner is entitled because of the taking of such property or property rights, and shall deposit such amount with the clerk of the circuit or law court having jurisdiction in the county in which the same or a portion of the same is located, and shall file a petition in such court asking that the same be condemned and decreed to the condemner.
§ 29-17-903. Payments into court at commencement of condemnation proceedings — Notice — Possession of property.
  1. (a) When a governmental entity or other person or entity with the power of eminent domain deems it necessary to condemn any property or property rights pursuant to this chapter or chapter 16 of this title, it shall deposit the amount determined by the required appraisal with the clerk of the circuit court having jurisdiction in the county in which the property or property rights, or a portion of the property or property rights, is located, and shall file a petition in the court asking that the same be condemned and decreed to the condemner.
  2. (b) The payment into court shall in no way limit or fix the amount to be allowed under subsequent proceedings in the case, and any further or additional sum that may be finally awarded in any subsequent proceedings shall bear interest from the date of the taking of possession of the property or property rights condemned by the condemner.
  3. (c) Notice of the filing of such petition shall be given the owner of the property or property rights at least thirty (30) days prior to the taking of any additional steps in the case. If the owner is a nonresident of the state or unknown, notice shall be given by publication as provided by law in similar cases in chancery.
  4. (d) After the expiration of thirty (30) days from the date of the giving of such notice if the right to take is not questioned, the condemner shall have the right to take possession of the property or property rights sought to be condemned, and if necessary to place such condemner in possession thereof, the court shall issue a writ of possession to the sheriff of the county to put the condemner in possession.
§ 29-17-904. Acceptance by property owner of amount deposited.
  1. If the owner is satisfied with the amount deposited by the condemner with the clerk of the court, the owner may file with the clerk a statement, duly sworn to, stating that the filer is the owner of the property or property rights described in the petition and that the owner accepts the amount deposited with the clerk as full settlement for the taking of such property or property rights and all damages occasioned to the residue of the property, and the clerk shall pay to the owner the amount deposited with the clerk, and the court, at its next term, shall enter a decree divesting the title to the property or property rights out of the owner and vesting the same in the condemner.
§ 29-17-905. Trial when property owner does not accept deposit.
  1. If the owner is not satisfied with the amount assessed by the condemner, the owner shall, on or before the second day of the regular term of the court next, after the serving of such notice, appear, except to the amount assessed by the condemner, and thereupon a trial may be had before a petit jury as other civil actions are tried.
§ 29-17-906. Payment of amount deposited pending trial.
  1. If the owner asks for a trial as provided by § 29-17-905, the owner may, if desired, make written request to the clerk to pay to the owner, without prejudice to the rights of either party, the sum so deposited with the clerk, and the clerk shall pay to the owner the sum so deposited; provided the owner agrees to refund the difference between such sum and the final award in the case if the final award be less than the sum so paid to the owner or that a judgment may be entered against the owner in such case for the difference.
§ 29-17-907. Default of owner — Case set for hearing.
  1. If the owner does not appear and accept the amount deposited by the condemner as provided in § 29-17-904 or does not appear and ask for a trial as provided by § 29-17-905, then the petition shall be taken as confessed and the case set for hearing upon the record and in the absence of the owner.
§ 29-17-908. Issues confined to amount of compensation — Determination of rights and interest of adverse claimants.
  1. The only issue or question that shall be tried upon exception shall be the amount of compensation to be paid for the property or property rights taken, but in case of adverse claimants of such compensation, the court may require the adverse claimants to interplead, so as to fully determine the rights and interests of such claimants.
§ 29-17-909. Proper party defendant omitted — Amended petition.
  1. If any person who is proper party defendant in the petition shall have been omitted from the petition, amendments to the same may be filed, which amendments, from the filing of the same, shall have the same effect as though contained in such petition.
§ 29-17-910. Manner of determining damages to which owner is entitled.
  1. In all instances the amount to which an owner is entitled shall be determined by ascertaining the fair cash market value of the property or property rights taken and adding to the same the amount of incidental damage done to the residue of the owner's property, if any, after deducting from the incidental damages to the residue the value of all special benefits, if any, occasioned such residue by the construction of such street, road, highway, levee, ditch, drain, watercourse improvement (when such levee, ditch, drain, or watercourse improvement is condemned pursuant to § 29-17-901(a)(2)), freeway or parkway including, but not limited to, increased accessibility to the owner's property, greater convenience in the approach with vehicles, the advantages generally of a front on a more desirable roadway, better drainage, or increased attractiveness.
§ 29-17-911. Removal or destruction of a building or structure on land.
  1. When any building or structure is situated wholly or in part upon the land sought to be acquired, the condemner may remove the same to adjoining land of the owner or may divide the same upon the line between the land sought to be acquired and the adjoining land, or may tear down or otherwise dispose of the same.
§ 29-17-912. Costs of trial.
  1. (a)
    1. (1) If the amount of compensation awarded at the trial shall exceed the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk shall be taxed against the condemner. If the amount of compensation awarded at the trial is not in excess of the amount assessed by the condemner and deposited with the clerk, then the bill of costs prepared by the clerk may be taxed against the defendants.
    2. (2) Rule 54.04, the Tennessee Rules of Civil Procedure, shall govern the taxing of any additional costs.
  2. (b)
    1. (1) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency or other entity to acquire real property for the purpose of a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal and engineering fees, actually incurred because of condemnation proceedings, only if:
      1. (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
      2. (B) The proceeding is abandoned by the acquiring party.
    2. (2) Notwithstanding subsection (a), the state court having jurisdiction of a proceeding initiated by any person, agency, or other entity to acquire real property, which is not being acquired for a public utility or for a road, highway, bridge, or other structure, facility, or project used for public transportation, by condemnation shall tax the bill of costs prepared by the clerk against the condemner and shall award the owner of any right, or title to, or interest in, such real property such sum as will in the opinion of the court reimburse such owner for the owner's reasonable disbursements and expenses, including reasonable attorney, appraisal, and engineering fees, actually incurred because of condemnation proceedings; provided, that reasonable attorney fees shall be awarded only if:
      1. (A) The final judgment is that the acquiring party cannot acquire the real property by condemnation; or
      2. (B) The proceeding is abandoned by the acquiring party.
§ 29-17-913. Payment of judgments — Interest.
  1. (a) All judgments rendered against a municipality, county or the state shall be paid out of the general funds of the municipality, county or state, whichever may be the condemner, together with interest at the rate of two percentage points (2%) greater than the prime loan rate established, as of the date of the taking, by the federal reserve system of the United States on any excess of the amount awarded an owner over the amount deposited with the clerk.
  2. (b) All judgments rendered against a levee or drainage district, which condemns property in accordance with § 29-17-901(a)(2), shall be paid from funds collected as provided in title 69, chapter 6, together with interest at the rate of six percent (6%) on any excess of the amount awarded an owner over the amount deposited with the clerk.
§ 29-17-914. Provisions supplemental.
  1. This part is not intended to repeal any existing statute relating to eminent domain, but is intended to be an accumulative or supplementary method of acquiring property by eminent domain proceedings.
Part 10 Miscellaneous Provisions
§ 29-17-1001. Continuance of condemnation trial.
  1. In any case in which the state of Tennessee, its counties or municipalities exercise the power of eminent domain to acquire land for the construction, reconstruction, maintenance, repair, drainage or protection of any street, road, highway, freeway or parkway under this chapter and chapter 16 of this title or any other law, and the owner of the condemned property is not satisfied with the amount of damages offered, such owner may, upon motion filed with the proper court not less than ninety (90) days prior to the trial on the issue of damages, request that such trial be continued until the highway for which the land was condemned, or any work being done thereto, is completed. If the motion is timely and properly filed, it shall be granted.
§ 29-17-1002. Evidence.
  1. If the trial of any such condemnation case is commenced prior to the completion of the highway for which the land was condemned, or any work being done thereto, maps, drawings or photographs of the land being condemned shall be admissible in evidence, provided the undertaking is substantially complete and such evidence would not misrepresent the same.
§ 29-17-1003. Transfer of land acquired by eminent domain.
  1. (a) Land acquired by eminent domain that the acquiring entity seeks to dispose of may be sold, leased or otherwise transferred to another public or quasi-public entity or to a private person, corporation or other entity; provided, that the entity transferring the land receives at least fair market value for the land.
  2. (b) Nothing in this section shall be construed to apply to or affect the disposal of the state's surplus interests in real property pursuant to § 12-2-112.
§ 29-17-1004. Appraisal required in any condemnation proceeding.
  1. Notwithstanding any law to the contrary, in any condemnation proceeding in this state, an appraisal of the property must be obtained. The appraisal shall value the property considering its highest and best use, its use at the time of the taking, and any other uses to which the property is legally adaptable at the time of the taking. Any appraiser making an appraisal must possess the designation Member of the Appraisal Institute (MAI), or be an otherwise licensed and qualified appraiser under the State Licensing and Certified Real Estate Appraisers Law, compiled in title 62, chapter 39.
§ 29-17-1005. Condemned property to be offered for sale to former owner under certain circumstances.
  1. (a) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, and the local government determines the property condemned or taken by eminent domain is not used for the purpose or purposes for which it was condemned or for some other authorized public use, or if the local government subsequently decides to sell it within ten (10) years of being condemned or taken, the property shall be first offered for sale to the former property owner or owners from whom the property was condemned or taken.
  2. (b) An agreement to purchase the property for the lesser of the following must be signed by the former property owner or owners within thirty (30) days of receipt of the offer:
    1. (1) The price paid to the former property owner or owners by the local government at the time the local government acquired the property through eminent domain, plus the appraised fair market value of any improvements made to the property after condemnation and an amount equal to the average amount of interest that would have accrued on the amount paid to the former property owner or owners if held in United States treasury bonds; or
    2. (2) An amount representing not less than the fair market value of the property as of the date of the purchase agreement.
  3. (c) If the property is not purchased by the former property owner or owners within thirty (30) days or if no former property owner can be found following a good faith effort by the local government to do so, the property shall be offered for sale in any commercially reasonable manner to the general public for an amount not less than the fair market value, together with costs.
  4. (d)
    1. (1) In any case in which a local government exercises the power of eminent domain under this chapter, chapter 16 of this title, or any other law, for a public use, a former property owner may request from the local government a statement of intent for public use no more than once every twenty-four (24) months following the date of the condemnation.
    2. (2) The statement of intent for public use must state the public use for which the local government intends to use the property and a description of the intended plan for any improvements to the property.
    3. (3) Notwithstanding subdivision (d)(1), if the local government publicly discloses its decision to not use the property for a public use, then a former property owner may immediately request from the local government a new statement of intent for public use.
  5. (e) Rights granted to a former property owner under this section do not transfer to the former property owner's heirs or transfer to any other party.
  6. (f) This section does not apply if compliance is prohibited by federal law.
  7. (g) As used in this section, “local government” means any incorporated city or town, county, or metropolitan government.
Chapter 18 Forcible Entry and Detainer
§ 29-18-101. Unlawful entry prohibited.
  1. No person shall enter upon any lands, tenements, or other possessions, and detain or hold the same, but where entry is given by law, and then only in a peaceable manner.
§ 29-18-102. Forcible entry and detainer defined — Where action does not lie.
  1. (a) A forcible entry and detainer is where a person, by force or with weapons, or by breaking open the doors, windows, or other parts of the house, whether any person be in it or not, or by any kind of violence whatsoever, enters upon land, tenement, or possession, in the occupation of another, and detains and holds the same; or by threatening to kill, maim, or beat the party in possession; or by such words, circumstances, or actions, as have a natural tendency to excite fear or apprehension of danger; or by putting out of doors or carrying away the goods of the party in possession; or by entering peaceably and then turning or keeping the party out of possession by force or threat or other circumstances of terror.
  2. (b) No action for forcible entry and detainer shall lie against any tenant who has paid all rent due for current occupancy of the premises and who is not in violation of any law nor otherwise in breach of the tenant's written lease, but this subsection (b) shall not apply in any manner to farm property, nor shall this subsection (b) be construed to alter or amend any valid lease agreement in effect on May 31, 1979.
§ 29-18-103. Forcible detainer defined.
  1. A forcible detainer is where a person enters lawfully or peaceably, and holds unlawfully, and by any of the means enumerated in § 29-18-102 as constituting a forcible entry.
§ 29-18-104. Unlawful detainer defined.
  1. Unlawful detainer is where the defendant enters by contract, either as tenant or as assignee of a tenant, or as personal representative of a tenant, or as subtenant, or by collusion with a tenant, and, in either case, willfully and without force, holds over the possession from the landlord, or the assignee of the remainder or reversion.
§ 29-18-105. Scope of definitions.
  1. Sections 29-18-101 — 29-18-104 extend to and comprehend terms for years, and all estates, whether freehold or less than freehold.
§ 29-18-106. Alternative actions.
  1. Where the action is to recover real property, ejectment, or forcible or unlawful entry or detainer may be brought.
§ 29-18-107. Jurisdiction of general sessions judge.
  1. All cases of forcible entry and detainer, forcible detainer, and unlawful detainer, may be tried before any one (1) judge of the court of general sessions of the county in which the acts are committed, who shall decide the particular case, and all questions of law and fact arising.
§ 29-18-108. Original jurisdiction of circuit court.
  1. The action for the recovery of the possession of land, given in this chapter, may also be originally instituted in the circuit court, the same forms being substantially pursued as those prescribed, the process being issued by the clerk, the plaintiff first giving bond and security to answer costs and damages as provided in § 29-18-111.
§ 29-18-109. Limitation of actions.
  1. The uninterrupted occupation or quiet possession of the premises in controversy by the defendant, for the space of three (3) entire years together, immediately preceding the commencement of the action, is, if the estate of the defendant has not determined within that time, a bar to any proceeding under this chapter.
§ 29-18-110. Death of parties.
  1. (a) The heir or representative of the person who might have been plaintiff, if alive, may bring the suit after the potential plantiff's death.
  2. (b) If either party die during the pendency of the suit, it may be revived by or against the heirs or legal representatives of the decedent, in the same manner and to the same extent as real actions.
§ 29-18-111. Plaintiff's bond.
  1. The party complaining is required, before the issuance of the writ, to give bond, with good security, to pay all costs and damages which shall accrue to the defendant for the wrongful prosecution of the suit.
§ 29-18-112. Form of warrant.
  1. The warrant may be issued by a single general sessions judge in the following form:
    1. State of Tennessee,
    2. To the sheriff or any constable of such county:
    3. County.
    4. Whereas, complaint is made to me by A B, of a certain forcible and unlawful entry and detainer, made by C D, into and of a certain tract or lot of land, situated in the county aforementioned, and bounded [or known and described] as follows [insert boundaries and description], which land A B alleges A B is entitled to the possession of, and C D unlawfully detains from A B: We, therefore, command you to summon C D to appear before some judge of the court of general sessions, in and for such county, to answer the above complaint.
    5. This day of , 20. E F, G.S.J.
§ 29-18-113. Notice to quit not required.
  1. No notice to quit need be given by the plaintiff to the defendant, other than the service of this warrant.
§ 29-18-114. Defects in proceedings.
  1. The warrant need not set forth the particular species of entry or detainer, and any defect therein, or in any of the proceedings, may be amended as other process and pleadings in court.
§ 29-18-115. Method of serving summons.
  1. (a)
    1. (1) In commencing an action under this chapter, summons may be served upon any adult person found in possession of the premises, which includes any adult person occupying the premises; and service of process upon such party in possession shall be good and sufficient to enable the landlord to regain possession of such landlord's property. In the event the summons cannot be served upon any adult person found in possession of the premises, personal service of process on the defendant is dispensed with in the following cases:
      1. (A) When the defendant is a nonresident of this state;
      2. (B) When, upon inquiry at the defendant's usual place of abode, the defendant cannot be found, so as to be served with process, and there is just ground to believe that the defendant has gone beyond the limits of the state;
      3. (C) When the summons has been returned “not to be found in my county”;
      4. (D) When the name of the defendant is unknown and cannot be ascertained upon diligent inquiry;
      5. (E) When the residence of the defendant is unknown and cannot be ascertained upon diligent inquiry; or
      6. (F) When a domestic corporation has ceased to do business and has no known officers, directors, trustee, or other legal representatives, on whom personal service may be had.
    2. (2) In those cases specified in subdivision (a)(1), where personal service of process on the defendant is dispensed with, the proceeding shall be governed by §§ 21-1-203 — 21-1-205, and in addition thereto, the plaintiff shall post or cause to be posted on the front door or other front portion of the premises a copy of the publication notice at least fifteen (15) days prior to the date specified therein for the defendant to appear and make a defense.
    3. (3) In addition to the methods set out in subdivisions (a)(1) and (2), in commencing an action under this chapter, summons may be served upon a contractually named party, and service of process upon such party shall be good and sufficient to enable the landlord to regain possession of the landlord's property.
  2. (b) In commencing an action under this chapter, service of process may be made by the plaintiff, the plaintiff's attorney, or the plaintiff's agent, in lieu of subsection (a), by lodging the original summons and a copy certified by the clerk with the sheriff or constable of the county in which suit is brought, who shall promptly send postage prepaid a certified copy by certified return receipt mail to the individual as follows:
    1. (1) In the case of an individual defendant, to the party named;
    2. (2) In the case of a domestic corporation or a foreign corporation doing business in this state, to an officer or managing agent thereof, or to the chief agent in the county where the action is brought or to any other agent authorized by appointment or by law to receive service on behalf of the corporation; or
    3. (3) In the case of a partnership or an unincorporated association which is a named defendant under a common name, 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.
  3. (c) In any case in which such warrant or process is returned undelivered for any reason whatsoever, service of process shall then be made as otherwise provided by law.
  4. (d)
    1. (1) The original process, endorsed as indicated below, an affidavit of the appropriate sheriff or constable setting forth the sheriff or constable's compliance with the requirements of the preceding provisions, and the return receipt signed by the defendant shall be attached together and sent to and filed by the clerk of the court of general sessions. There shall be endorsed on the original warrant by the sheriff or constable over the sheriff or constable's signature the date of the sheriff or constable's mailing the certified copy to the defendant; thereupon service of the defendant shall be consummated. An act of a deputy of the sheriff in the sheriff's behalf hereunder shall be deemed the equivalent of the act of the latter.
    2. (2) When service of process by mail is made upon one (1) or more individual defendants, service of process shall not be complete as to any individual unless a return receipt, signed or acknowledged on its face by the individual personally, is returned to the deputy sheriff or constable.
  5. (e)
    1. (1) In addition to the methods set out in this section, service of process for an action commenced under this chapter shall be good and sufficient to enable the landlord to regain possession of such landlord's property if a sheriff, sheriff's deputy, constable, or private process server personally serves a copy of the warrant or summons upon any one (1) named defendant who has a contractual or possessory property right in the subject premises.
    2. (2) If, after attempting personal service of process on three (3) different dates and documenting such attempts on the face of the warrant, the sheriff, sheriff's deputy, constable, or private process server is unable to serve any such one (1) named defendant personally, service of process for determining the right of possession of the subject premises as to all who may have a contractual or possessory property right therein may be had by the sheriff, sheriff's deputy, constable, or private process server taking the following actions at least six (6) days prior to the date specified therein for the defendant or defendants to appear and make a defense:
      1. (A) Posting a copy of the warrant or summons on the door of the premises;
      2. (B) Sending by United States postal service first class mail a copy of the warrant or summons to the so named defendant or defendants at the address of the subject premises or the defendants' last known address, if any; and
      3. (C) Making an entry of this action on the face of the warrant or summons filed in the action.
    3. (3) Subdivision (e)(2) shall apply only to service of process to regain possession of real property, and shall not apply to service of process to recover monetary judgment.
§ 29-18-116. Neglect to execute process.
  1. Any officer neglecting or refusing to execute any process, under this chapter, shall forfeit two hundred fifty dollars ($250) to the party aggrieved, to be recovered with costs before any tribunal having jurisdiction thereof.
§ 29-18-117. Time of trial.
  1. The officer serving the warrant shall notify the defendant of the time and place of trial, the time not to be less than six (6) days from the date of service.
§ 29-18-118. Postponement of trial.
  1. The general sessions judge may, at the request of either party, and on good reason being assigned, postpone the trial to any time not exceeding seven (7) days. The postponement shall not be for a longer period of time unless agreed upon by the parties, no civil court is being conducted, or upon request of the plaintiff, the party making the application for postponement paying the costs. As used in this section, “civil court” includes diversionary courts created for special civil proceedings.
§ 29-18-119. Manner of trial — Title not inquired into.
  1. (a) The cause shall be tried at the time and place designated, by a single general sessions judge, without the intervention of a jury, and in all respects like other civil suits before the court of general sessions.
  2. (b) The general sessions judge will try every case upon its merits and ascertain whether the plaintiff or defendant is entitled to the possession of the premises agreeably to the laws governing such cases, and give judgment accordingly.
  3. (c) The estate, or merits of the title, shall not be inquired into.
§ 29-18-120. Trial in circuit court.
  1. (a) Actions originally instituted in the circuit court will stand for trial at the first term after the pleadings are complete.
  2. (b) The jury, if it finds for the plaintiff, will ascertain the damages the plaintiff has sustained, including rent, and judgment shall be given accordingly.
§ 29-18-121. Subpoenas.
  1. The general sessions judge before whom the complaint is made, or the one before whom the cause is to be tried, may issue subpoenas for witnesses into any county of the state.
§ 29-18-122. Fees.
  1. (a) The general sessions judge is entitled to one dollar ($1.00) per day for trying cases of forcible entry and detainer, forcible detainer, or unlawful detainer.
  2. (b) The officer is entitled to two dollars and fifty cents ($2.50) for each defendant named in the original process, and one dollar ($1.00) for each witness summoned.
  3. (c) Each witness shall receive one dollar ($1.00) for each day's attendance.
§ 29-18-123. Bond to confess judgment at termination of lease — Judgment and writ.
  1. (a) Any person, granting a lease of lands, tenements, and hereditaments, may incorporate or take from the tenant a bond covenanting to deliver possession of the rented premises on the day specified therein as the end of the term of the lease, and further authorizing the party from whom the premises are rented, or any other person whose name may be mentioned as attorney, in case possession of the premises is not delivered in conformity with the lease, to appear on any day of the term of any court having jurisdiction in such case, the term of such court to be expressly named, and the premises to be sufficiently described in the bond, and then and there, in the name of the party executing the bond, confess a judgment for possession of the rented premises.
  2. (b) Upon presentation of the bond, and satisfactory proof of its execution, the court shall enter judgment for possession and also for costs of the proceeding, in favor of the party granting the lease against the tenant thus unlawfully holding over.
  3. (c) The writ of possession shall have effect to dispossess any party in possession who holds as assignee or sublessee of the original tenant.
§ 29-18-124. Form of judgment for plaintiff.
  1. The judgment for the plaintiff should be endorsed on the warrant or annexed thereto, substantially to the following effect:
    1. A B  Judgment for the plaintiff, that plaintiff be restored to possession
    2. of the land
    3. v.   described in the within warrant, and that a writ of possession
    4. C D  or restitution issue therefor, and also for the costs of suit. This
    5. day of , 20. E F, G.S.J.
§ 29-18-125. Monetary judgments for plaintiff.
  1. In all cases of forcible entry and detainer, forcible detainer, and unlawful detainer, the judge of the court of general sessions trying the cause shall be authorized and it shall be the judge's duty to ascertain the arrearage of rent, interest, and damages, if any, and render judgment therefor if the judge's judgment shall be that the plaintiff recover possession.
§ 29-18-126. Delay before execution.
  1. No execution or writ of possession shall issue against the defendant upon any judgment, under this chapter, until after the lapse of ten (10) days from the rendition of the judgment.
§ 29-18-127. Form of execution and writ — Disposition of personal property following defendant's removal from property.
  1. (a) The execution for costs shall issue in the usual form, and the writ of possession may be as follows:
    1. State of Tennessee,
    2. To the sheriff or any constable of such county: County.
    3. Whereas, at a trial of forcible and unlawful detainer had in such county on the day of , 20, before E F, a judge of the court of general sessions of such county, judgment was given that A B recover from C D possession of a certain tract or parcel of land, bounded [or known and described] as follows [insert the description in the warrant]: We therefore command you, that you take with you the force of the county, if necessary, and cause A B, the plaintiff in such judgment, to have and be restored to the possession of such tract or parcel of land, and that you remove C D, the defendant in such judgment, therefrom, and give such plaintiff peaceable possession of such premises, and make return to me in twenty (20) days how you have executed this writ.
    4. This day of , 20. E F, G.S.J.
  2. (b)
    1. (1) Upon removing the defendant in any judgment under this chapter, the plaintiff or a designated representative of the plaintiff, shall place the defendant's personal property:
      1. (A) On the premises from which the defendant is being removed;
      2. (B) In an appropriate area clear of the entrance to the premises; and
      3. (C) At a reasonable distance from any roadway.
    2. (2) The plaintiff or a designated representative of the plaintiff shall not disturb the defendant's personal property for forty-eight (48) hours. After such forty-eight (48) hours, the remaining personal property of the defendant may be discarded by the plaintiff or a designated representative of the plaintiff.
  3. (c)
    1. (1) All actions of any county, municipality, metropolitan form of government or other local government relative to the disposition of personal property after the execution of a writ of possession shall be temporarily suspended during the forty-eight-hour time period created pursuant to subsection (b).
    2. (2) Notwithstanding subdivision (c)(1), a county, municipality, metropolitan form of government or other local government shall not be liable for any damages to the defendant's personal property.
  4. (d) The plaintiff or a designated representative of the plaintiff, acting in accordance with this section, shall not be liable for any damages to the defendant's personal property during or after the forty-eight-hour time period, unless it can be established by clear and convincing evidence that the damages resulted from a malicious act or malicious omission of the plaintiff or a designated representative of the plaintiff.
§ 29-18-128. Appeal.
  1. An appeal will also lie in suits commenced before general sessions judges, under this chapter, within the ten (10) days allowed by § 27-5-108, as in other cases, the appellant, if the defendant, giving bond as required by law.
§ 29-18-129. Certiorari and supersedeas to circuit court.
  1. The proceedings to such actions must not be removed to circuit court by writs of certiorari and supersedeas. In such proceedings, a party seeking de novo review may appeal in accordance with § 27-5-108, § 29-18-128, or § 29-18-130.
§ 29-18-130. Immediate execution of writ of possession — Bond, cash deposit, or letter of credit pending appeal.
  1. (a) When judgment is rendered in favor of the plaintiff, in any action of forcible entry and detainer, forcible detainer, or unlawful detainer, brought before a judge of the court of general sessions, and a writ of possession is awarded, the same shall be executed and the plaintiff restored to the possession immediately.
  2. (b)
    1. (1) If the defendant pray an appeal, then, in that case, the plaintiff shall execute bond, with good and sufficient security, in double the value of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the wrongful enforcement of such writ, and to abide by and perform whatever judgment may be rendered by the appellate court in the final hearing of the cause.
    2. (2)
      1. (A) If the defendant prays an appeal, then an appeal must not be allowed unless the defendant has executed bond, or posted either a cash deposit or irrevocable letter of credit from a regulated financial institution, or has provided two (2) good personal sureties with good and sufficient security in the amount of one (1) year's rent of the premises, conditioned to pay all costs and damages accruing from the failure of the appeal, including rent and interest on the judgment as provided for in this section, and has abided by and performed whatever judgment may be rendered by the appellate court in the final hearing of the cause.
      2. (B) The plaintiff is not required to post a bond to obtain possession if the defendant appeals without complying with this subdivision (b)(2). The plaintiff is entitled to interest on the judgment, which accrues from the date of the judgment if the defendant's appeal fails.
§ 29-18-131. Monetary judgment in circuit court.
  1. (a) If the defendant obtain certiorari, and, upon trial in the circuit court, the jury find that the plaintiff is entitled to the possession of the land, the jury shall also ascertain the value of the rents during the time the plaintiff has been kept out of possession, and such other damages as the plaintiff is entitled to, and the court shall give judgment against the defendant and the defendant's sureties for the amount.
  2. (b) Should the cause be taken to the circuit court by the plaintiff, and a verdict be found in the plaintiff's favor, the jury shall, in like manner, ascertain the value of the rents, and the damages the jury may consider the plaintiff entitled to, and return the amount in its verdict, upon which the court shall give judgment accordingly.
§ 29-18-133. Penalty for resuming possession.
  1. (a) A person, once dispossessed by action, who again illegally possesses the premises, commits a Class C misdemeanor.
  2. (b) The only evidence, required or admitted on the trial of the criminal charge, is that the defendant was turned out of possession by action brought for the purpose, and that the defendant has again taken possession of the premises.
§ 29-18-134. Trespass action.
  1. The judgment in a case of forcible entry and detainer shall be no bar to an action against the defendant for trespass.
§ 29-18-135. Limited alternative remedy to remove unauthorized persons from residential real property.
    1. (a) As used in this section, “immediate family member” means a spouse, parent, sibling, or child.
    2. (b) The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.
    3. (c) Notwithstanding this chapter to the contrary, a property owner, or the property owner's authorized agent, may request from the sheriff of the county in which the property is located the immediate removal of any person unlawfully occupying a residential dwelling pursuant to this section if the following conditions are met:
      1. (1) The requesting person is the property owner or authorized agent of the property owner;
      2. (2) The real property that is being occupied includes a residential dwelling;
      3. (3) An unauthorized person has unlawfully entered and remains or continues to reside on the property owner's property;
      4. (4) The real property was not open to members of the public at the time the unauthorized person entered;
      5. (5) The property owner has directed the unauthorized person to leave the property;
      6. (6) The unauthorized person is not a current or former tenant pursuant to a written or oral rental agreement authorized by the property owner;
      7. (7) The unauthorized person is not an immediate family member of the property owner; and
      8. (8) There is no pending litigation related to the real property between the property owner and any known unauthorized person.
    4. (d) To request the immediate removal of an unlawful occupant of a residential dwelling, the property owner, or the property owner's authorized agent, must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property to the sheriff of the county in which the real property is located. The submitted complaint must be substantially in the following form:
    5. <strong>COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING</strong>
    6. <strong>RESIDENTIAL REAL PROPERTY</strong>
    7. I, , the owner or authorized agent of the owner of the real property located at , declare under the penalty of perjury that (initial each box):
      1. 1. I am the owner of the real property or the authorized agent of the owner of the real property.
      2. 2. I purchased the property on .
      3. 3. The real property is a residential dwelling.
      4. 4. An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on the real property.
      5. 5. The real property was not open to members of the public at the time the unauthorized person or persons entered.
      6. 6. I have directed the unauthorized person or persons to leave the real property, but they have not done so.
      7. 7. The person or persons are not current or former tenants pursuant to any valid lease authorized by the property owner, and any lease that may be produced by an occupant is fraudulent.
      8. 8. The unauthorized person or persons sought to be removed are not an owner or a co-owner of the property and have not been listed on the title to the property unless the person or persons have engaged in title fraud.
      9. 9. The unauthorized person or persons are not immediate family members of the property owner.
      10. 10. There is no litigation related to the real property pending between the property owner and any person sought to be removed.
      11. 11. I understand that a person or persons removed from the property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.
      12. 12. I am requesting the sheriff to immediately remove the unauthorized person or persons from the residential property.
      13. 13. A copy of my valid government-issued identification is attached, or I am an agent of the property owner and documents evidencing my authority to act on the property owner's behalf are attached.
      14. <strong>I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN TENNESSEE CODE ANNOTATED, SECTION 39-16-702.</strong>
      15. (Signature of Property Owner or Agent of Owner)
    8. (e)
      1. (1) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property, or the authorized agent of the owner, and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property. Service may be accomplished by hand delivery of the notice to an occupant or by posting the notice on the front door or entrance of the dwelling.
      2. (2) The sheriff shall attempt to verify the identities of all persons occupying the dwelling and note the identities on the return of service. If appropriate, the sheriff may arrest any person found in the dwelling for trespass, outstanding warrants, or any other legal cause.
    9. (f)
      1. (1) The sheriff is entitled to the same fee for service of the notice to immediately vacate as if the sheriff were serving a writ of possession under § 29-15-114.
      2. (2) After the sheriff serves the notice to immediately vacate, the property owner, or authorized agent, may request that the sheriff stand by to keep the peace while the property owner, or agent of the owner, changes the locks and removes the personal property of the unlawful occupants from the premises to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff to stand by and keep the peace is responsible for paying the reasonable hourly rate set by the sheriff.
      3. (3) The sheriff is not liable to the unlawful occupant or any other party for loss, destruction, or damage of property resulting from actions taken pursuant to this section.
      4. (4) The property owner, or the property owner's authorized agent, is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property resulting from actions taken pursuant to this section unless the removal was wrongful.
    10. (g)
      1. (1) A person may bring a civil cause of action for wrongful removal under this section. The court shall expedite the hearing on such a civil cause of action.
      2. (2) A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.
    11. (h) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest an unlawful occupant for trespassing, vandalism, theft, or other crimes.
    12. (i)
      1. (1) If any conflict exists between title 66, chapter 7, and this section, then this section controls.
      2. (2) If any conflict exists between the Uniform Residential Landlord and Tenant Act, compiled in title 66, chapter 28, and this section, then this section controls.
Chapter 19 Gambling Contracts
§ 29-19-101. Void contracts.
  1. All contracts founded, in whole or in part, on a gambling or wagering consideration, shall be void to the extent of such consideration.
§ 29-19-102. Action barred.
  1. No money, or property of any kind, won by any species or mode of gambling, shall be recovered by action.
§ 29-19-103. Qui tam for bringing action.
  1. Any person who institutes an action for money or property, claimed under a contract founded on a gambling consideration, shall forfeit one hundred dollars ($100), recoverable in any court having cognizance; one-half (½) to the person who shall sue therefor, the other one-half (½) to the county in which action is brought.
§ 29-19-104. Action for property lost.
  1. Any person who has paid any money, or delivered anything of value, lost upon any game or wager, may recover such money, thing, or its value, by action commenced within ninety (90) days from the time of such payment or delivery.
§ 29-19-105. Action for use of family.
  1. Any other person may, after the expiration of the ninety (90) days, and within twelve (12) months thereafter, recover the amount of such money, thing, or its value, by action for the use of the spouse; or, if no spouse, the child or children; and, if no child or children, the next of kin of the loser.
§ 29-19-106. Action by creditor.
  1. After the expiration of the time prescribed in § 29-19-105, and within twelve (12) months thereafter, any creditor of such losing party may, by garnishment or action, recover the amount of such money, thing, or its value, in satisfaction of so much of the creditor's debt.
Chapter 20 Governmental Tort Liability
Part 1 General Provisions
§ 29-20-101. Title.
  1. This chapter shall be known and cited as the “Tennessee Governmental Tort Liability Act.”
§ 29-20-102. Chapter definitions.
  1. As used in this chapter, unless the context otherwise requires:
    1. (1) “Claim” means any claim brought against a governmental entity or its employee as permitted by this chapter;
    2. (2) “Employee” means and includes any official (whether elected or appointed), officer, employee or servant, or any member of any board, agency, or commission (whether compensated or not), or any officer, employee or servant thereof, of a governmental entity, including the sheriff and the sheriff's employees and, further including regular members of voluntary or auxiliary firefighting, police, or emergency assistance organizations;
    3. (3)
      1. (A) “Governmental entity” means any political subdivision of the state of Tennessee including, but not limited to, any municipality, metropolitan government, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, and development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the named local governmental entities or by an act of the general assembly. “Governmental entity” also means a nonprofit public benefit corporation or charitable entity, including any entity with tax exempt status under the Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)), that is appointed by statute, ordinance, resolution, contract, or other governmental directive to develop, maintain, manage, and provide services and activities at government owned property that is a public park, including facilities located on park property;
      2. (B)
        1. (i) In any county having a population not less than eight hundred ninety-seven thousand four hundred (897,400) and not more than eight hundred ninety-seven thousand five hundred (897,500), according to the 2000 federal census or any subsequent federal census, “governmental entity” means any political subdivision of the state of Tennessee including, but not limited to, any municipality, county, utility district, school district, nonprofit volunteer fire department receiving funds appropriated by a county legislative body or a legislative body of a municipality, human resource agency, community action agency or nonprofit corporation that administers the Head Start or Community Service Block Grant programs, public building authority, development district created and existing pursuant to the constitution and laws of Tennessee, or any instrumentality of government created by any one (1) or more of the local governmental entities named in this subdivision (3)(B) or by an act of the general assembly, or nonprofit public benefit corporation operating a hospital whose voting board of directors or governing body is appointed, designated or elected by one (1) or more of the local governmental entities named in this subdivision (3)(B), and which hospital corporation either:
          1. (a) Receives funds appropriated by a county legislative body or a legislative body of a municipality; or
          2. (b) Receives or leases hospital real property from a county and/or municipality.
        2. (ii) Such hospital corporation shall be subject to title 8, chapter 44, and subject to title 10, chapter 7, to the extent that other local government hospitals and government hospital authorities are subject to such laws;
        3. (iii) This subdivision (3)(B) shall apply to all claims filed on or after July 1, 2003;
      3. (C) In any county having a population not less than five hundred sixty-nine thousand eight hundred (569,800) nor more than five hundred sixty-nine thousand nine hundred (569,900), according to the 2000 federal census or any subsequent federal census, “governmental entity” also means a nonprofit public benefit corporation or charitable entity, including an entity with tax exempt status under Internal Revenue Code § 501(c)(3) (26 U.S.C. § 501(c)(3)), that operates or is created to operate, in conjunction with a metropolitan hospital authority, where such authority was formed pursuant to the Metropolitan Hospital Authority Act, compiled in title 7, chapter 57; and
      4. (D) “Governmental entity” also means a nonprofit property owners association that:
        1. (i) Has received a determination of exemption from the internal revenue service under the federal Internal Revenue Code § 501(c)(4) (26 U.S.C. § 501(c)(4));
        2. (ii) Maintains more than one hundred (100) miles of roadway;
        3. (iii) Owns and operates a water or sewer distribution service;
        4. (iv) Appropriates funds to support a nonprofit volunteer fire department or a police department;
        5. (v) Manages trash pick-up services;
        6. (vi) Funds, operates, and maintains at least one (1) park, recreation facility, walking trail, and dog park; and
        7. (vii) Is a census designated place according to the 2010 federal census; and
    4. (4) “Injury” means death, injury to a person, damage to or loss of property or any other injury that one may suffer to one's person, or estate, that would be actionable if inflicted by a private person or such person's agent.
§ 29-20-103. Application of chapter.
  1. (a)
    1. (1) Any governmental entity may exempt itself from this chapter by action of its legislative body if such action is taken by January 1, 1975; provided, that §§ 7-31-103, 7-31-112, [former] 7-51-202 [repealed] and 7-51-203, shall apply to any governmental entity exempting itself from this chapter.
    2. (2) Any governmental entity exempting itself from this chapter may by resolution of its governing body elect at any time to come under this chapter, provided, that this chapter would only apply to claims or actions arising after the effective date of such resolution.
  2. (b) After January 1, 1976, this chapter shall apply to all governmental entities as defined herein, provided that as to those governmental entities exempting themselves, as provided for in the preceding subsection, this chapter will only apply to claims or actions arising after January 1, 1976.
  3. (c) Nothing in this chapter shall be deemed to deprive any person of any cause of action or damages to which they are otherwise entitled arising under the federal Civil Rights Acts of 1871 and 1964, as amended.
§ 29-20-104. Applicability of other laws.
  1. (a) Sections 7-31-103, 7-31-112, [former] 7-51-202 [repealed] and 7-51-203, and all other acts or statutes in conflict with this chapter shall only be applicable to governmental entities exercising their right not to come under this chapter as provided for by § 29-20-103.
  2. (b) Notwithstanding any other law to the contrary, §§ 28-1-106 — 28-1-108 shall apply in causes of action arising pursuant to this chapter.
§ 29-20-105. Inverse condemnation not affected.
  1. This chapter shall not apply to any action in eminent domain initiated by a landowner under §§ 29-16-123 and 29-16-124 nor be construed to impliedly repeal those statutes.
§ 29-20-106. Workers' compensation not affected.
  1. This chapter shall not apply to any action brought by an employee under the workers' compensation laws of Tennessee.
§ 29-20-107. Definition of government employee for tort liability purposes.
  1. (a) Any person who is not an elected or appointed official or a member of a board, agency or commission shall not be considered an employee of a governmental entity for purposes of this chapter unless the court specifically finds that all of the following elements exist:
    1. (1) The governmental entity itself selected and engaged the person in question to perform services;
    2. (2) The governmental entity itself is liable for the payment of compensation for the performance of such services and the person receives all of such person's compensation directly from the payroll department of the governmental entity in question;
    3. (3) The person receives the same benefits as all other employees of the governmental entity in question including retirement benefits and the eligibility to participate in insurance programs;
    4. (4) The person acts under the control and direction of the governmental entity not only as to the result to be accomplished but as to the means and details by which the result is accomplished; and
    5. (5) The person is entitled to the same job protection system and rules, such as civil service or grievance procedures, as are other persons employed by the governmental entity in question.
  2. (b) A governmental entity's reservation of the right to approve employment or terminate employment by any contract, agreement or other means or such entity's ability to control or direct a person not otherwise in the regular employ of such entity shall not operate to make a person an employee of such entity for the purpose of the immunity granted by this chapter unless such person otherwise qualifies as an employee according to this section.
  3. (c) No governmental entity may extend the immunity granted by this chapter to independent contractors or other persons or entities by contract, agreement or other means, nor shall the doctrine of borrowed servants operate to make any person a governmental entity employee for the purpose of immunity who does not otherwise meet all of the elements set out in this section.
  4. (d) A regular member of a voluntary or auxiliary firefighting, police or emergency assistance organization of a governmental entity shall be considered to be an employee of that governmental entity for purposes of this chapter without regard to the elements set forth in subsection (a).
  5. (e) Persons who are employed in part-time, seasonal, or probationary positions by a governmental entity shall not be disqualified by subdivision (a)(3) or (a)(5) from the immunity granted by this chapter if they receive the same benefits or are subject to the same job protection system and rules as other persons employed by that government in comparable part-time, seasonal, or probationary positions.
  6. (f) Agreements between governmental entities entered into pursuant to the Interlocal Cooperation Act, compiled in title 12, chapter 9, or as otherwise duly authorized by law, may confer or determine the status of an employee for purposes of this chapter on persons without regard to the elements set forth in subsection (a). Such agreements may provide, but are not, limited to, agreements that an employee of a governmental entity, including, but not limited to, police officers shall be assigned to another governmental entity to serve a particular purpose. The agreement may provide which of the governmental entities shall be liable for the acts of such person who shall continue to be considered as an employee for purposes of this chapter.
  7. (g)
    1. (1)
      1. (A) Notwithstanding any provision of this chapter to the contrary, non-governmental independent contractors or other persons or entities that contract with or enter into any agreements with the regional transportation authority, as defined and created in title 64, chapter 8, for the provision of commuter rail transit services, facilities, or functions upon a rail line or rail line right-of-way owned and maintained by a governmental entity shall be granted limited tort exposure under this chapter. This grant of limited tort exposure shall be provided only when the non-governmental independent contractors or other persons or entities are providing by contract or agreement the rail transit services, facilities, or functions that title 64, chapter 8 authorizes the regional transportation authority to perform.
      2. (B) In performing or providing such rail transit services, facilities, or functions, the non-governmental independent contractors or other persons or entities are deemed to be the functional equivalent of the regional transportation authority. They are performing or providing these rail transit services, facilities, or functions in the stead of the regional transportation authority and by such are fulfilling a public purpose that is authorized to be performed by the regional transportation authority. The regional transportation authority shall enter into such contracts or agreements because it has been determined by the board of the regional transportation authority to be more cost effective to contract or enter into an agreement for the rail transit services, facilities, or functions. When the regional transportation authority's independent contractor or other person or entity that provides these rail transit services, facilities, or functions is deemed to be the functional equivalent of the regional transportation authority as provided for in this subsection (g), then the regional transportation authority's contracting party or party to the agreement shall have limited tort exposure as long as the regional transportation authority's contracting party or party to the agreement was performing rail transit services, facilities or functions within the scope of work and during the normal course of work of the contract or agreement when the accident occurred. The regional transportation authority's contracting party or party to the agreement will not be afforded any limits to its tort exposure for gross negligence in the performance of the contract or agreement.
      3. (C) For any rail transit accident, occurrence, or act, the limits of tort exposure for the regional transportation authority's contracting party or party to the agreement shall be two million dollars ($2,000,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and thirty million dollars ($30,000,000) for bodily injury or death of all persons in any one (1) accident, occurrence, or act arising or that occurred during that time frame. No tort liability limits shall be granted to the non-governmental contractor or other persons or entities that contract with or enter into any agreement with the regional transportation authority for injury to or destruction of property in any accident, occurrence, or act. The regional transportation authority shall maintain, or cause to be maintained, a self insurance retention fund in a minimum amount of one million dollars ($1,000,000) up to an amount not to exceed two million dollars ($2,000,000), which shall be utilized as a first fund source for any payment of a tort claim arising from any rail transit accident, occurrence or act that results in bodily injury or death to one (1) or more persons.
    2. (2) The limits of liability prescribed under subdivision (g)(1) shall not apply to any for-profit owners of rail lines or rail line rights-of-way. As a matter of public policy, the general assembly declares and deems the operation of the regional transportation authority's commuter rail train to be a public purpose, a public and governmental function and a matter of public necessity.
  8. (h)
    1. (1) A governmental entity or local board of education shall not extend the immunity granted by this chapter to independent school bus owners and operators or other persons or entities by contract, agreement, or other means in performing or providing school-related transportation services to a local board of education.
    2. (2) The contract or agreement between a local board of education and independent school bus owners and operators must require sufficient limits for tort liability exposures related to performing or providing school-related transportation services to the local board of education by the owners and operators as evidenced by a certificate of insurance from the owners and operators that has the local board of education listed as an additional insured.
§ 29-20-108. Immunity of emergency communications district boards, state, counties, and municipalities and employees — Exceptions.
  1. (a) Emergency communications district boards, established in § 7-86-105, and the members of such board shall be immune from any claim, complaint or suit of any nature which relates to or arises from the conduct of the affairs of the board except in cases of gross negligence by such board or its members. The finding of the general assembly is that the service of such boards and the members thereof is so critical to the safety and welfare of the citizens of this state that such absolute and complete immunity is required for the free exercise of the duties of such boards by the members.
  2. (b) Such immunity shall also extend to employees of an emergency communications district, and county and municipal governments for the acts or omissions of employees that manage, supervise, or perform 911 emergency communications service as communicators or dispatchers; provided, that all such employees shall attain and maintain training requirements as may be required by state law.
  3. (c) An emergency call taker or public safety dispatcher who assists or instructs a caller or bystander on T-CPR is not liable for any civil damages or subject to a civil suit of any nature arising out of the assistance and instruction provided to the caller or bystander, except in cases of gross negligence or willful misconduct.
  4. (d)
    1. (1) A caller or bystander may decline to receive T-CPR.
    2. (2) When a caller or bystander declines T-CPR, the emergency call taker or public safety dispatcher has no obligation to provide such instruction.
  5. (e) The emergency communication district, state, county, and municipality are not liable for any civil damages or subject to a civil suit of any nature for employees who answer 911 emergency calls and employees who are recently hired, except in cases of gross negligence or willful misconduct.
  6. (f) As used in this section, “T-CPR” means telecommunicator cardiopulmonary resuscitation, which is the dispatcher-assisted delivery of cardiopulmonary resuscitation (CPR) instruction by trained emergency call takers or public safety dispatchers to callers or bystanders for events requiring CPR, such as out-of-hospital cardiac arrest (OHCA).
§ 29-20-109. Immunity of local education agency employees from asbestos-related liability.
  1. Local education agency employees, including board members, superintendents, teachers and non-professional staff members, shall be absolutely immune from liability for acts and omissions within the scope of the employee's office arising from the detection, management or removal of asbestos from buildings and other structures owned or controlled by the local education agency when the local education agency has complied with the United States environmental protection agency regulations relative to asbestos in schools; provided, that such immunity shall not apply if the acts or omissions of the employee were grossly negligent, willful, malicious, criminal or were done for personal gain.
§ 29-20-111. No employee liability for attempts to maintain order in judicial proceedings.
  1. Notwithstanding any provision of this chapter or any other law to the contrary, no claim may be brought, or any judgment entered against an employee of local government, who is acting in good faith and within the scope of employment, arising from the employee's negligent act or omission in attempting to control another person's disorderly conduct or violent behavior that delays or disrupts, or threatens to delay or disrupt, a courtroom proceeding or that jeopardizes the safety of a judge, judicial employee, attorney, litigant, witness, or spectator who is present for a judicial proceeding.
§ 29-20-112. Immunity of local board of education and school officials for activities outside of regularly scheduled school activities on premises of public schools.
  1. (a) For purposes of this section:
    1. (1) “Premises” means any and all real property, natural or artificial landscape or waterway thereon, building, bathroom, gymnasium, facility, track, playground, tennis or badminton court, horseshoe pit, bleachers, stage, or other improvement erected on the premises for recreational purposes;
    2. (2) “Recreational activity” means any activity undertaken for exercise, pleasure, or other recreational purposes including, but not limited to, basketball, football, soccer, baseball, softball, tennis, lacrosse, running, walking, wrestling, cheerleading, taekwondo, karate, community gardening and music lessons; and
    3. (3) “Recreational joint use agreement” means a written authorization by a local board of education or a school official permitting a public or private entity to access the premises of a public school for the purpose of conducting or engaging in recreational activity and addressing conditions under which the permission is granted.
  2. (b)
    1. (1) Except as provided in subdivision (b)(3), neither a local board of education nor a school official owes a duty of care to keep the premises of a public school safe for entry or use by others outside of regularly scheduled school activities or to give warning of unknown dangerous or hazardous conditions, uses, structures or activities on the premises.
    2. (2) Unless otherwise specified in the agreement, if a recreational activity is conducted pursuant to a recreational joint use agreement, the local board of education or school official entering the agreement does not owe a greater duty of care than that which is owed under subdivision (b)(1).
    3. (3) Notwithstanding the duty of care or duty to warn owed pursuant to this subsection (b), the immunity conferred upon a local board of education or school official by the recreational joint use agreement shall not apply to a person who is injured or suffers property damage on school property pursuant to such agreement if the injury or damage was proximately caused by the gross negligence, or willful, wanton or malicious conduct of the local board of education or school official.
  3. (c) Where a local board of education or school official enters a recreational joint use agreement, with respect to persons accessing the premises for recreational activity pursuant to that agreement, neither the local board of education nor a school official shall be construed to have:
    1. (1) Waived any immunity under this chapter;
    2. (2) Extended immunity under this chapter to another entity;
    3. (3) Extended any assurance to any person or entity accessing the premises that the premises are safe for any other purpose than that which is agreed upon;
    4. (4) Conferred upon a person the legal status of a person to whom a duty of care is owed;
    5. (5) Assumed responsibility for or incurred liability for any injury to a person or property caused by a force of nature or by an act or omission of a person who enters upon the premises;
    6. (6) Guaranteed unlimited access to the premises; or
    7. (7) Limited an obligation or duty of a person or entity accessing the premises to exercise due care in the use of the premises and any activity conducted thereon.
  4. (d) When entering into a recreational joint use agreement under rules, regulations, and conditions prescribed by the local board of education pursuant to § 49-2-203(b)(4), the general assembly encourages local boards of education and school officials to require, in the agreement, that the other entity maintain and provide proof of adequate liability and accident insurance coverage as determined by insurance industry standards, and to address, in the agreement, issues including, but not limited to, security, adult supervision of recreational activity, prohibited activity, hours of operation, use of equipment, maintenance, and damage to the premises. Any such joint use agreement entered into shall contain notice of the immunity provided by this section.
  5. (e) This section shall apply to contracts entered or renewed on or after July 1, 2011.
§ 29-20-113. Award of attorneys’ fees and costs to state and local government employees sued in individual capacity.
    1. (a) Notwithstanding § 20-12-119(c)(5)(A), if a claim is filed with a Tennessee or federal court, the Tennessee claims commission, board of claims, or any other judicial body established by the state or by a governmental entity of the state, against an employee of the state or of a governmental entity of the state in the person's individual capacity, and the claim arises from actions or omissions of the employee acting in an official capacity or under color of law, and that employee prevails in the proceeding as provided in this section, then the court or other judicial body on motion shall award reasonable attorneys' fees and costs incurred by the employee in defending the claim filed against the employee.
    2. (b) For purposes of this section, the employee shall be the prevailing party if:
      1. (1) The employee successfully defends the claim alleging individual liability; or
      2. (2) The claim of individual liability is dismissed with or without prejudice after forty-five (45) days have elapsed after an answer or other responsive pleading is filed in which the employee asserts the employee was not acting within the employee's individual capacity at the time of the matters stated in the complaint.
    3. (c) The inclusion of an additional claim against the employee in official capacity in the same proceeding shall not preclude the employee from obtaining the remedies provided in this section that are related to the claim against the employee in individual capacity.
    4. (d) Attorneys' fees and costs shall be paid to the state, or a governmental entity of the state, if either the state or the governmental entity represents, or retains and agrees to pay for counsel to represent, the employee sued in an individual capacity. If the state has not made such agreement, the attorneys' fees and costs shall be paid to the employee, or to counsel representing the employee. Attorneys' fees shall be calculated at a reasonable rate paid to attorneys of similar experience in private practice in the county where the proceeding is initiated.
Part 2 Removal of Immunity
§ 29-20-201. General rule of immunity from suit — Exception.
  1. (a) Except as may be otherwise provided in this chapter, all governmental entities shall be immune from suit for any injury which may result from the activities of such governmental entities wherein such governmental entities are engaged in the exercise and discharge of any of their functions, governmental or proprietary.
  2. (b)
    1. (1) The general assembly finds and declares that the services of governmental entity boards, commissions, authorities and other governing agencies are critical to the efficient conduct and management of the public affairs of the citizens of this state. Complete and absolute immunity is required for the free exercise and discharge of the duties of such boards, commissions, authorities and other governing agencies. Members of boards, commissions, authorities, and other governing agencies must be permitted to operate without concern for the possibility of litigation arising from the faithful discharge of their duties.
    2. (2) All members of boards, commissions, agencies, authorities, and other governing bodies of any governmental entity, created by public or private act, whether compensated or not, shall be immune from suit arising from the conduct of the affairs of such board, commission, agency, authority, or other governing body. Such immunity from suit shall be removed when such conduct amounts to willful, wanton, or gross negligence.
  3. (c) When immunity is removed by this chapter any claim for damages must be brought in strict compliance with the terms of this chapter.
  4. (d) Notwithstanding this chapter or any other law to the contrary, a governmental entity that places and properly maintains a clearly visible and adequate flood warning sign or barricade at a flooded road area shall be immune from suit for any injury resulting from a violation of § 55-10-205(c). The immunity from suit shall be removed when the governmental entity's conduct amounts to willful, wanton, or gross negligence. It shall be deemed gross negligence if an authorized government employee signaled the motor vehicle operator that it was safe to drive past the sign or barricade and the operator or any passengers in the operator's motor vehicle were injured or killed in the flooded road area due to the employee's signaling the motor vehicle to drive past the sign or barricade.
§ 29-20-202. Removal of immunity for injury from negligent operation of motor vehicles — Exceptions.
  1. (a) Immunity from suit of all governmental entities is removed for injuries resulting from the negligent operation by any employee of a motor vehicle or other equipment while in the scope of employment.
  2. (b) This section shall not act as a repeal of § 55-8-101, § 55-8-108, or § 55-8-132, and the immunities provided by these sections are hereby expressly continued.
§ 29-20-203. Removal of immunity for injury from unsafe streets and highways — Notice required — Limitation of action for action related to trolley or light rail system.
  1. (a) Immunity from suit of a governmental entity is removed for any injury caused by a defective, unsafe, or dangerous condition of any street, alley, sidewalk or highway, owned and controlled by such governmental entity. “Street” or “highway” includes traffic control devices thereon.
  2. (b) This section shall not apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed].
  3. (c) Notwithstanding any law to the contrary, all actions, arbitrations, or other binding dispute resolution proceedings to recover damages for any deficiency in the design, planning, supervision, observation of construction, or construction of a trolley or light rail system, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, must be brought against any governmental entity that owns, operates, or controls the trolley or light rail system within four (4) years after substantial completion of an improvement.
§ 29-20-204. Removal of immunity for injury from dangerous structures — Exception — Notice required.
  1. (a) Immunity from suit of a governmental entity is removed for any injury caused by the dangerous or defective condition of any public building, structure, dam, reservoir or other public improvement owned and controlled by such governmental entity.
  2. (b) Immunity is not removed for latent defective conditions, nor shall this section apply unless constructive and/or actual notice to the governmental entity of such condition be alleged and proved in addition to the procedural notice required by [former] § 29-20-302 [repealed].
§ 29-20-205. Removal of immunity for injury caused by negligent act or omission of employees — Exceptions — Immunity for year 2000 computer calculation errors.
  1. Immunity from suit of all governmental entities is removed for injury proximately caused by a negligent act or omission of any employee within the scope of his employment except if the injury arises out of:
    1. (1) The exercise or performance or the failure to exercise or perform a discretionary function, whether or not the discretion is abused;
    2. (2) False imprisonment pursuant to a mittimus from a court, false arrest, malicious prosecution, intentional trespass, abuse of process, libel, slander, deceit, interference with contract rights, infliction of mental anguish, invasion of right of privacy, or civil rights;
    3. (3) The issuance, denial, suspension or revocation of, or by the failure or refusal to issue, deny, suspend or revoke, any permit, license, certificate, approval, order or similar authorization;
    4. (4) A failure to make an inspection, or by reason of making an inadequate or negligent inspection of any property;
    5. (5) The institution or prosecution of any judicial or administrative proceeding, even if malicious or without probable cause;
    6. (6) Misrepresentation by an employee whether or not such is negligent or intentional;
    7. (7) Or results from riots, unlawful assemblies, public demonstrations, mob violence and civil disturbances;
    8. (8) Or in connection with the assessment, levy or collection of taxes;
    9. (9) Or in connection with any failure occurring before January 1, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if, and only if, the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but a reasonable plan or design or both for identifying and preventing the failure or malfunction was adopted and reasonably implemented complying with generally accepted computer and information system design standards. Notwithstanding any other law, nothing in this subdivision (9) shall in any way limit the liability of a third party, direct or indirect, who is negligent. Further, a person who is injured by the negligence of a third party contractor, direct or indirect, shall have a cause of action against the contractor; or
    10. (10) Or in connection with any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was proximately caused by an act or omission by the entity or its employees constituting gross negligence. The requirements of title 14, chapter 5 apply to any such cause of action when applicable.
§ 29-20-206. Construction of chapter as to liability — Effect of removal of immunity.
  1. Nothing contained in this chapter, unless specifically provided, shall be construed as an admission or denial of liability or responsibility insofar as governmental entities are concerned. Wherein immunity from suit is removed by this chapter, consent to be sued is granted and liability of the governmental entity shall be determined as if the governmental entity were a private person.
§ 29-20-207. Liability for injury arising out of the provision of emergency services.
  1. Except as may otherwise be provided in the agreement, when any governmental entity is found liable under this part for any injury arising out of the provision of emergency services rendered under a written mutual aid agreement, automatic response agreement, operational agreement, or any other agreement specifically entered into between or among the parties, relating to the providing of emergency services under § 5-1-113; § 5-16-107; § 6-54-601; the Interlocal Cooperation Act, compiled in title 12, chapter 9; or other applicable law, the governmental entity benefiting from the provision of the services under the agreement may pay any judgment or award against the provider, subject to the limits of liability set forth in § 29-20-403.
§ 29-20-208. Governmental immunity waived for claims against any governmental entity under Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA).
  1. Immunity from suit of any governmental entity, or any agency, authority, board, branch, commission, division, entity, subdivision, or department of state government, or any autonomous state agency, authority, board, commission, council, department, office, or institution of higher education, is removed for the purpose of claims against and relief from a governmental entity under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 U.S.C. §§ 4301 – 4334).
§ 29-20-209. Removal of immunity from suit by party adversely affected by local regulation of firearms.
  1. Immunity from suit of all governmental entities is removed for causes of action brought under § 39-17-1314(g)-(i).
§ 29-20-210. Liability of governmental entity for damages, injury, or death proximately caused by governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing specifically bounded area within governmental entity's jurisdiction during public demonstration.
  1. (a) A governmental entity shall not intentionally prohibit or prevent law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration unless the services are replaced by like services provided by another governmental entity.
  2. (b) A governmental entity violating subsection (a) may be held liable, subject to the limits set forth in this chapter, for damages, injury, or death proximately caused by the governmental entity intentionally prohibiting or preventing law enforcement or fire and rescue services from accessing a specifically bounded area within the governmental entity's jurisdiction during a public demonstration.
  3. (c) As used in this section, “governmental entity” means a mayor, chief executive officer, governing body, board, commission, committee, or department of a municipality, county, or other political subdivision of the state.
  4. (d) This section does not apply to tactical decisions made by law enforcement or fire and rescue services personnel based on the risks to or safety of personnel or the public.
Part 3 Claims Procedure
§ 29-20-304. Approval or denial of claim — Period for answering claim, action or suit.
  1. (a) A governmental entity or employee shall have sixty (60) days in which to answer or otherwise respond to any claim, action, or suit brought pursuant to this chapter.
  2. (b) A claim shall be deemed to have been denied if at the end of the sixty-day period the governmental entity or its insurance carrier has failed to approve or deny the claim.
§ 29-20-305. Action in circuit court generally — General sessions court in certain counties.
  1. (a) If the claim is denied, a claimant may institute an action in the circuit court against the governmental entity in those circumstances where immunity from suit has been removed as provided for in this chapter; provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, an action under this section may also be instituted in the general sessions court.
  2. (b) The action must be commenced within twelve (12) months after the cause of action arises.
§ 29-20-306. Bond for costs or pauper's oath.
  1. At the time of filing the action the plaintiff shall file a bond for costs or pauper's oath required by chapter 18 of this title.
§ 29-20-307. Exclusive jurisdiction — No jury.
  1. The circuit courts shall have exclusive original jurisdiction over any action brought under this chapter and shall hear and decide such suits without the intervention of a jury, except as otherwise provided in § 29-20-313(b); provided, that in counties having a population of more than eight hundred fifty thousand (850,000), according to the 2000 federal census or any subsequent federal census, the general sessions court shall have concurrent original jurisdiction with such circuit court over any action brought under this chapter; and provided further, that the jurisdiction conferred upon the general sessions court by this section shall not extend beyond the jurisdictional dollar limit provided in § 16-15-501(d) for such general sessions courts in civil cases generally.
§ 29-20-308. Venue of actions.
  1. (a) Suits filed under this chapter may be brought in the county in which such governmental entity is located or in the county in which the incident occurred from which the cause of action arises.
  2. (b) A governmental entity operating in more than one (1) county shall be deemed to be located in the county where its principal office is found.
§ 29-20-309. Settlement of actions.
  1. (a) An officer or body appointed by the governing body of any governmental entity may, subject to such regulations and procedures as may be prescribed by the governing body, compromise and settle any action for damages or relief sought hereunder.
  2. (b) If no such appointment has been made, the chief administrative officer of such governmental entity shall be deemed to have been appointed and to have such power.
§ 29-20-310. Determinations to be made by court — Restrictions on claims against employees — Health care liability — Immunity indemnification and insurability of local government employees.
  1. (a) The court, before holding a governmental entity liable for damages, must first determine that the employee's or employees' act or acts were negligent and the proximate cause of plaintiff's injury, that the employee or employees acted within the scope of their employment and that none of the exceptions listed in § 29-20-205 are applicable to the facts before the court.
  2. (b) No claim may be brought against an employee or judgment entered against an employee for damages for which the immunity of the governmental entity is removed by this chapter unless the claim is one for health care liability brought against a health care practitioner. No claim for health care liability may be brought against a health care practitioner or judgment entered against a health care practitioner for damages for which the governmental entity is liable under this chapter, unless the amount of damages sought or judgment entered exceeds the minimum limits set out in § 29-20-403 or the amount of insurance coverage actually carried by the governmental entity, whichever is greater, and the governmental entity is also made a party defendant to the action. As used in this subsection (b), “health care practitioner” means physicians licensed under title 63, chapter 6, and nurses licensed under title 63, chapter 7.
  3. (c) No claim may be brought against an employee or judgment entered against an employee for injury proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune in any amount in excess of the amounts established for governmental entities in § 29-20-403, unless the act or omission was willful, malicious, criminal, or performed for personal financial gain, or unless the act or omission was one of health care liability committed by a health care practitioner and the claim is brought against such health care practitioner. As used in this subsection (c), “health care practitioner” means physicians licensed under title 63, chapter 6, and nurses licensed under title 63, chapter 7.
  4. (d) Local governmental entities shall have the right, as a matter of local option, to elect to insure or to indemnify their employees for claims for which the governmental entity is immune under this chapter arising under state or federal law upon such terms and conditions as the local government may deem appropriate; provided, that such indemnification may not exceed the limits of liability established for governmental entities in § 29-20-403 except in causes of action in which the liability of governmental employees is not limited as provided in this chapter.
  5. (e)
    1. (1) As used in this subsection (e), “volunteer” means a person who donates or volunteers that person's time or services to a local governmental entity when the donation of such time or services is at the request of the local governmental entity and under the direction of a local governmental employee.
    2. (2) A local governmental entity may elect to insure or indemnify its volunteers for claims arising under state or federal law for which the governmental entity is immune under this chapter. Such insurance or indemnification shall be upon such terms and conditions as the local governmental entity establishes. However, no such indemnification may exceed the limits of liability established for governmental entities in § 29-20-403. The volunteer shall be liable for any amount in excess of such limits of governmental liability established in § 29-20-403.
    3. (3) Nothing in this subsection (e) may be construed to affect the status of regular members of a voluntary or auxiliary firefighting, police or emergency assistance organization as employees of a governmental entity as provided in § 29-20-107(d), nor to impair any immunity granted to these personnel because of that status.
  6. (f)
    1. (1) No claim may be brought against an employee or judgment entered against an employee for any loss, damage, injury, or death arising from COVID-19, as defined in § 14-1-101, and proximately caused by an act or omission of the employee within the scope of the employee's employment for which the governmental entity is immune, unless the claimant proves by clear and convincing evidence that the loss, damage, injury, or death was caused by an act or omission that was willful, malicious, criminal, or performed for personal financial gain.
    2. (2)
      1. (A) In any claim alleging loss, damage, injury, or death arising from COVID-19 under this subsection (f), the claimant must file a verified complaint pleading specific facts with particularity from which a finder of fact could reasonably conclude that the alleged loss, damage, injury, or death was caused by the defendant's willful, malicious, or criminal act or omission, or performed for personal financial gain.
      2. (B) In any claim alleging loss, damage, injury, or death based on exposure to or contraction of COVID-19 under this subsection (f), the claimant must also file with the verified complaint a certificate of good faith stating that the claimant or claimant's counsel has consulted with a physician duly licensed to practice in the state or a contiguous bordering state, and the physician has provided a signed written statement that the physician is competent to express an opinion on exposure to or contraction of COVID-19 and, upon information and belief, believes that the alleged loss, damage, injury, or death was caused by an act or omission of the defendant or defendants.
    3. (3) The failure of a claimant to satisfy the requirements of subdivisions (f)(1) and (2), if required by subdivision (f)(2), shall, upon motion, make the action subject to dismissal with prejudice.
    4. (4) [Deleted by 2023 amendment.]
§ 29-20-311. Judgment over limits of insurance policy prohibited.
  1. No judgment or award rendered against a governmental entity may exceed the minimum amounts of insurance coverage for death, bodily injury and property damage liability specified in § 29-20-403, unless such governmental entity has secured insurance coverage in excess of such minimum requirements, in which event the judgment or award may not exceed the applicable limits provided in the insurance policy.
§ 29-20-312. Payment of claims.
  1. (a) Any claim approved for payment by a governmental entity or any final judgment obtained against a governmental entity shall be paid from funds appropriated or reserved for that purpose or in the discretion of the governmental entity may be paid in not more than ten (10) equal annual instalments commencing the next fiscal year or in such other manner as is agreed upon by the claimant and governmental entity.
  2. (b) Installment payments shall bear interest at six percent (6%) per annum on the unpaid balance.
  3. (c) This section shall be discretionary with the court of original jurisdiction and such court is hereby authorized in its discretion to order a lump sum payment of any final judgment.
  4. (d) All judgments below five thousand dollars ($5,000) must be paid in one (1) installment and must be paid as other tort judgments.
§ 29-20-313. Claim of immunity by employee — Multiple defendants.
  1. (a) When one (1) or more defendants to a lawsuit claim to be employees of a governmental entity as defined by § 29-20-107 and are therefore entitled to the governmental immunity granted by this chapter, it shall be a question of fact whether the defendant or defendants claiming immunity are such employees. If the trier of fact determines that the defendant claiming immunity is not a governmental entity employee, the lawsuit as to that defendant shall proceed like any other civil case. If the trier of fact determines that the defendant claiming immunity is a governmental entity employee, the lawsuit as to that defendant shall proceed in accordance with this chapter.
  2. (b) When suit is brought in circuit court in a case in which there are multiple defendants, one (1) or more of which are a governmental entity or entities or governmental entity employee or employees whose liability or lack thereof is to be determined based upon this chapter and one (1) or more of which are not such governmental entity or entities or governmental entity employee or employees, the case shall be heard and decided by a jury upon the demand of any party. Nothing in this section shall be construed to abridge the right of any party to a trial by jury otherwise granted by the state or federal constitution or any statute.
Part 4 Funding and Insurance
§ 29-20-401. Creation of reserve or special fund — Pooling agreements with other governmental entities — Election to self-insurer. [Applicable to injuries occurring prior to July 1, 2014.]
  1. (a) Any governmental entity may create and maintain a reserve or special fund for the purpose of making payment of claims against it payable pursuant to this chapter or for the purpose of purchasing liability insurance to protect it from any and all risks created by this chapter.
  2. (b)
    1. (1) Any two (2) or more governmental entities are hereby granted the power, any provision of law to the contrary notwithstanding, to enter into an agreement or agreements with one another for joint or cooperative action to pool their financial and administrative resources for the purpose of providing to the participating governmental entities risk management, insurance, reinsurance, which is defined to mean reinsurance by an entity created under this section, self-insurance, or any combination thereof for any and all of the areas of liability or insurability, or both, for such governmental entities, including, but not limited to, the liabilities created by this chapter (including general and professional liabilities), liabilities under the workers' compensation law, liabilities under the unemployment compensation law, and motor vehicle insurance. All such agreements shall be made pursuant to title 12, chapter 9.
    2. (2) The power to enter into agreements hereunder specifically includes the power to establish a separate legal or administrative entity or entities to effectuate such agreements or, if no separate legal or administrative entity or entities are established, to designate an administrator of the pooled financial and administrative resources. An entity so established, or an administrator so designated, shall be deemed to have been appointed by the governing body of the governmental entity for the purposes of § 29-20-309, and this appointment shall not be considered as a violation of the provision of § 12-9-104(a) dealing with the powers, privileges or authority of officers of political subdivisions.
    3. (3) Each such agreement shall be approved by appropriate resolution or as otherwise permitted by the laws of the participating governmental entities before any such agreement shall be effective or binding.
    4. (4) In addition to those items included in any such agreement pursuant to § 12-9-104(c), the agreement may specify: the nature and scope of insurance coverage and coverages to be provided; the method and methods by which coverage and coverages are to be extended, contributions (which term includes all premiums or assessments) levied and paid, claims administered and defended against; the procedures by which financial reserves shall be established and maintained; and, any other provisions necessary for proper administration of the pooled resources.
    5. (5) Such agreements may provide for the pooling of losses and any other expenses so that any or all of the funds contributed by a participating governmental entity may be used to pay claims against or with respect to any of the other participating governmental entities and any costs or expenses, or both, relative to any entity authorized by this part. The general assembly hereby finds and determines that all contributions of financial and administrative resources made pursuant to an agreement as authorized herein are made for a public and governmental purpose and that all such contributions benefit the contributing governmental entity.
  3. (c)
    1. (1) Any governmental entity choosing to create and maintain a special fund, or to enter into an agreement, as authorized in this section for the purpose of insuring against the liabilities created by this chapter, shall be deemed to be electing to self-insure against the liabilities established in this chapter and shall, therefore, have the same limits of liability as if the minimum limits of liability established in § 29-20-403 had been purchased.
    2. (2) Should any governmental entity choose to enter into an agreement for the purpose of insuring for the liabilities of the Workers' Compensation Law, compiled in title 50, chapter 6, as authorized in this section, it shall be deemed to have accepted the Workers' Compensation Law pursuant to § 50-6-106(5), and it shall be deemed to have insured for such liabilities with an association, organization or corporation authorized to transact the business of workers' compensation insurance pursuant to § 50-6-405(a)(1). Certificates of compliance issued by the legal or administrative entity created by the agreement between the governmental entities for this purpose shall be accepted by the department of labor and workforce development.
  4. (d)
    1. (1) No special fund established by an agreement authorized under this section and under title 12, chapter 9, shall be considered as an “insurance company” nor shall any contribution of financial or administrative resources to such a special fund be considered a “premium” or “gross premium” under title 56 for any purpose, including regulation and taxation.
    2. (2) There shall be maintained in any special fund created pursuant to this section such an amount of reserve funds as is deemed adequate by the department in accordance with reserve standards applicable to private insurance companies pursuant to title 56. The department of commerce and insurance is authorized to charge reasonable fees to cover expenses incurred in the course of investigations and audits conducted for the purpose of making this determination, and is authorized to promulgate such rules and regulations necessary to accomplish the purposes of this subsection (d).
  5. (e) Any special fund or legal or administrative entity created pursuant to this part shall have the power to reinsure, in whole or in part, any of the areas of liability or insurability of governmental entities or governmental employees. Notwithstanding any other law to the contrary, this power to reinsure may be exercised through the creation, operation, or ownership, in whole or in part, of reinsuring entities, or by entering into contracts or treaties of reinsurance with reinsuring entities, or by any combination thereof; provided, that the reinsuring entity is lawfully created under the laws of its jurisdiction. Any reinsuring entity created pursuant to this part may be created only by governmental entities as defined in this chapter or by an entity created by governmental entities pursuant to this part and the Interlocal Cooperation Act, compiled in title 12, chapter 9. Any such reinsuring entity may reinsure only any areas of liability or insurability of governmental entities or governmental employees.
  6. (f)
    1. (1) Any legal or administrative entity created by an agreement between governmental entities to pool their resources to provide workers' compensation coverage is entitled to participate in the second injury fund established in § 50-6-208 upon the payment to the department of labor and workforce development of an annual fee. The annual fee shall be a percentage of the total financial contributions for workers' compensation coverage received from participating governmental entities and earned during a calendar year. The percentage shall equal the percentage of insurance company premiums, as measured by the premium tax, allocated and paid out by the second injury fund pursuant to § 50-6-208(c) and (d), during the same year, subject to a maximum of two percent (2%).
    2. (2) If any such legal or administrative entity participates in the second injury fund as provided herein and then ceases participation, either the second injury fund shall remain liable for a claim for injuries to an employee insured by the entity that occurred prior to the termination of participation and for which benefits had not been paid prior to the termination; provided, that the legal or administrative entity shall promptly reimburse the second injury fund for the actual amount of any such benefits subsequently paid by the second injury fund; or, within thirty (30) days of the cessation of such participation, the legal and administrative entity may elect to assume complete liability for such a claim. This assumption shall release the second injury fund from any duty to defend or liability, but in either case, the recovery by any employee shall not be reduced or defeated.
  7. (g)
    1. (1) An insurance pool, special fund, reserve fund, or legal or administrative entity administering any such pool or fund created and authorized under this section shall be audited annually in accordance with standards established by the comptroller of the treasury. A copy of the audit shall be filed with the comptroller as soon as practical, but in no event later than one hundred twenty (120) days following the end of the pool's or reserve fund's fiscal year. Notwithstanding this subdivision (g)(1), the operations, books and records of any pool or reserve fund shall be subject to audit and review by the comptroller or any person authorized by the comptroller. The commissioner of commerce and insurance shall assist the comptroller in the audit upon the written request by the comptroller.
    2. (2) The comptroller of the treasury is authorized to charge reasonable fees to cover expenses incurred by the comptroller or the commissioner of commerce and insurance in the course of audits or investigations pursuant to this section.
    3. (3) Any information obtained by or disclosed to the commissioner of commerce and insurance pursuant to an examination, audit or investigation conducted under this chapter shall be confidential and shall not be disclosed to the public. Any information obtained by or disclosed to the comptroller shall be considered working papers of the comptroller and, therefore, are confidential. Furthermore, the commissioner of commerce and insurance shall not disclose any information relating to the reserving of particular claims, if disclosure would likely prejudice the fund in settling the claim; provided, however, that this shall not apply to any examination report, audit or investigative report prepared by the commissioner of commerce and insurance or the comptroller, or to any rebuttal to such reports submitted by or on behalf of the fund examined. However, nothing contained in this subdivision (g)(3) shall be construed as prohibiting the commissioner of commerce and insurance or the comptroller from disclosing the information listed in this subdivision (g)(3), or any matters relating to that information, to state agencies of this or any other state, or to law enforcement officials of this or any other state or agency of the federal government at any time.
    4. (4) Any person knowingly or willfully testifying falsely in reference to any matter material to the investigation, audit, examination or inquiry commits a Class A misdemeanor.
    5. (5) Any director, trustee, officer, agent, or employee of an insurance pool or reserve fund, or any other person who knowingly or willfully makes any false certificate, entry, or memorandum upon any of the books or papers of any insurance pool or reserve fund upon any statement filed or offered to be filed in the department or used in the course of any examination, inquiry or investigation with the intent to deceive the commissioner of commerce and insurance or any person appointed by the commissioner or the comptroller to make the examination, commits a Class A misdemeanor.
§ 29-20-402. Authority to levy tax.
  1. Notwithstanding law or charter to the contrary, all governmental entities having the power to tax shall have authority to levy an annual property tax in the amount necessary to pay all claims, settlements, or judgments secured pursuant to the provisions hereof, or to pay the costs to defend against same, or for the purpose of establishing and maintaining a reserve or special fund as the same may be established pursuant to § 29-20-401 for the payment of such claims, settlements, or judgment as may be reasonably anticipated, or to pay the premium for such insurance as herein authorized, including insurance provided for in § 29-20-406, even though as a result of such levy the maximum levy as otherwise restricted by law is exceeded thereby; provided, that in no event shall the revenues derived therefrom be used for any other purpose than those stipulated herein.
§ 29-20-403. Liability insurance authorized — Compensation for injury — Limits — Limits of liability for self-insuring entities.
  1. (a) Any governmental entity may purchase insurance to cover its liability under this chapter.
  2. (b) Every policy or contract of insurance purchased by a governmental entity as authorized by this chapter shall provide:
    1. (1)
      1. (A) Minimum limits of not less than forty thousand dollars ($40,000) for bodily injury or death of any one (1) person in any one (1) accident and not less than eighty thousand dollars ($80,000) for bodily injury or death of any two (2) or more persons in any one (1) accident; provided, that in cases arising out of the ownership, maintenance, and use of automobiles, the minimum limit shall be not less than one hundred thousand dollars ($100,000) because of bodily injury or death of one (1) person in any one (1) accident, and to a limit of not less than three hundred thousand dollars ($300,000) because of bodily injury or death of two (2) or more persons in any one (1) accident, and to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident. In the event the governmental entity is unable to purchase insurance to cover its obligations hereunder, except through an assigned risk pool, then for purposes of § 29-20-311 the limits of liability shall be twenty thousand dollars ($20,000) for injury to any one (1) person resulting from one (1) accident and forty thousand dollars ($40,000) for all injuries resulting from one (1) accident with a limit of ten thousand dollars ($10,000) for property damages resulting from any one (1) accident. If insurance is not purchased through an assigned risk pool then the greater limits above apply; and
      2. (B) Subdivision (b)(1)(A) applies only to actions arising before July 1, 1987;
    2. (2)
      1. (A) Minimum limits of not less than one hundred thirty thousand dollars ($130,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act and not less than three hundred fifty thousand dollars ($350,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and in cases arising out of the ownership, maintenance and use of automobiles to a limit of not less than fifty thousand dollars ($50,000) for injury to or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(2)(A) applies to any action arising on or after July 1, 1987, but before July 1, 2002; and
      2. (B) Minimum limits of not less than fifty thousand dollars ($50,000), except as provided otherwise in this section, for injury to or destruction of property of others in any one (1) accident;
    3. (3) Minimum limits of not less than two hundred fifty thousand dollars ($250,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than six hundred thousand dollars ($600,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and eighty-five thousand dollars ($85,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(3) shall apply to any action arising on or after July 1, 2002, but before July 1, 2007; and
    4. (4) Minimum limits of not less than three hundred thousand dollars ($300,000) for bodily injury or death of any one (1) person in any one (1) accident, occurrence or act, and not less than seven hundred thousand dollars ($700,000) for bodily injury or death of all persons in any one (1) accident, occurrence or act, and one hundred thousand dollars ($100,000) for injury or destruction of property of others in any one (1) accident, occurrence or act. This subdivision (b)(4) shall apply to any action arising on or after July 1, 2007.
  3. (c) Any governmental entity electing to self-insure its liability shall have the same limits of liability as if insurance had been purchased.
§ 29-20-404. Waiver of immunity or liability limits — Liabilities arising under federal law.
  1. (a) A governmental entity or the insurer of such governmental entity shall not be held liable for any claim arising under state law for which the governmental entity has immunity under this chapter unless the governmental entity has expressly waived such immunity. A governmental entity or the insurer of such governmental entity shall not be held liable for any judgment in excess of the limits of liability set forth in § 29-20-403, unless the governmental entity has expressly waived such limits. The waiver of such immunity or such limits of liability by a governmental entity shall only be valid if such waiver is expressly contained in the provisions or endorsement of a policy or contract of insurance authorized by this chapter to cover its liability under this chapter.
  2. (b) This chapter shall not be construed to prohibit or limit a governmental entity from purchasing a policy or contract of insurance in such amounts of coverage as it deems proper for liabilities which may arise under federal law. If a governmental entity has such policy or contract of insurance for liabilities which may arise under federal law, such policy or contract of insurance shall not be construed or deemed a waiver of any immunity provided in this chapter or of the limits of liability set forth in § 29-20-403, for any claims arising under state law.
§ 29-20-405. Construction of liability insurance policy not in compliance with law.
  1. Any insurance policy, rider or endorsement purchased to insure against any risk which may arise as a result of the application of this chapter, and which contains any condition or provisions not in compliance with the terms of this chapter, shall not be rendered invalid, but shall be construed and applied in accordance with the intention of this chapter.
§ 29-20-406. Liability insurance for employees and sheriffs authorized.
  1. (a) A governmental entity may insure any or all of its employees against all or any part of their liability for injury or damage resulting from a negligent act or omission, and any expenditure for such insurance is herewith declared to be for a public purpose, and may be paid from funds derived from the tax levy authorized in § 29-20-402.
  2. (b) Any sheriff or group of sheriffs is authorized to purchase insurance or enter into agreements to insure such sheriff and any or all of the sheriff's employees against all or any part of their personal liability for injury or damages arising as a result of the act or omission of any such sheriff or employee. This authority to purchase insurance or enter into agreements to insure includes specifically the authority to establish a separate legal or administrative entity to effectuate any such agreements or, if a separate legal or administrative entity is not established, to designate an entity to effectuate the purposes of this subsection (b). Any such purchase or any such agreement which would involve the expenditure of county funds must first be approved by the county legislative body.
§ 29-20-407. Authorization for purchase of insurance without bidding.
  1. Any governmental entity may purchase any of the insurance authorized by this chapter, without the necessity of public bidding, as required by any public or private act or charter restriction, if such insurance is purchased through a plan authorized and approved by any organization of governmental entities representing cities and counties.
§ 29-20-408. Catastrophic injuries fund commission created.
  1. (a) There is created a commission to design, develop and propose legislation to the general assembly to enact and implement a catastrophic injuries fund for the purpose of compensating certain specified persons in an amount in excess of the governmental tort liability limits for injuries or death caused by the actions of an employee of a governmental entity and to study other issues relating to governmental tort liability. Such commission shall consist of the following members:
    1. (1) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons to be submitted jointly by the Tennessee municipal league, the Tennessee county services association, the Tennessee school board association, county-owned hospitals, self-insured municipalities, Tennessee public utilities and the Tennessee municipal league risk management pool by January 1, 2002;
    2. (2) Four (4) members to be appointed jointly by the speaker of the senate and speaker of the house of representatives from a list of eight (8) persons submitted by the Tennessee trial lawyers association by January 1, 2002;
    3. (3) The comptroller of the treasury or the comptroller's designee;
    4. (4) The state treasurer or the treasurer's designee;
    5. (5) The secretary of state or the secretary's designee; and
    6. (6) The chairs of the judiciary, state and local government and finance, ways and means committees of the senate and the civil justice, state government, and finance, ways and means committees of the house of representatives, or such chairs' designees, who shall be ex officio non-voting members of the commission.
  2. (b) If the speakers are unable to appoint four (4) members from the list of eight (8) submitted pursuant to subsection (a)(1) or (a)(2), the speakers shall notify the association or entities submitting the initial list and they shall have no more than forty-five (45) days to submit a new list of eight (8) persons. The speakers may request no more than two (2) such additional lists in making the respective four (4) member appointments.
  3. (c) If for any reason a vacancy occurs in the commission membership appointed pursuant to subdivision (a)(1) or (a)(2), the association or entities making the original appointment shall have no more than thirty (30) days to submit to the speakers a list of two (2) persons to fill each such vacancy. The speakers shall jointly appoint a member to fill the vacancy in the same manner as the initial appointment.
  4. (d) The commission shall first convene at the call of the state treasurer who shall serve as chair and shall coordinate the work of the commission.
  5. (e) The catastrophic injuries fund commission shall design, develop and propose legislation to the general assembly to enact and implement the catastrophic injuries fund by July 1, 2006. The commission may report on and propose legislation, if necessary, on other issues related to governmental tort liability at any time, but no later than July 1, 2006.
Chapter 21 Habeas Corpus
§ 29-21-101. Grounds for writ.
  1. (a) Any person imprisoned or restrained of liberty, under any pretense whatsoever, except in cases specified in subsection (b) and in cases specified in § 29-21-102, may prosecute a writ of habeas corpus, to inquire into the cause of such imprisonment and restraint.
  2. (b) Persons restrained of their liberty pursuant to a guilty plea and negotiated sentence are not entitled to the benefits of this writ on any claim that:
    1. (1) The petitioner received concurrent sentencing where there was a statutory requirement for consecutive sentencing;
    2. (2) The petitioner's sentence included a release eligibility percentage where the petitioner was not entitled to any early release; or
    3. (3) The petitioner's sentence included a lower release eligibility percentage than the petitioner was entitled to under statutory requirements.
§ 29-21-102. Federal prisoners.
  1. Persons committed or detained by virtue of process issued by a court of the United States, or a judge thereof, in cases where such judges or courts have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of suits in such courts, are not entitled to the benefits of this writ.
§ 29-21-103. Judges authorized to grant writ.
  1. The writ may be granted by any judge of the circuit or criminal courts, or by any chancellor in cases of equitable cognizance.
§ 29-21-104. Issuance of writ without application.
  1. Whenever any court or judge, authorized to grant this writ, has evidence, from a judicial proceeding, that any person within the jurisdiction of such court or officer is illegally imprisoned or restrained of liberty, it is the duty of such court or judge to issue, or cause to be issued, the writ as aforementioned, although no application be made therefor.
§ 29-21-105. Place of application for writ.
  1. The application should be made to the court or judge most convenient in point of distance to the applicant, unless a sufficient reason be given in the petition for not applying to such court or judge.
§ 29-21-106. Habeas corpus proceedings in municipal courts, corporation courts and courts of general session jurisdiction.
  1. (a) The judges of the municipal courts or corporation courts and/or the judges of the courts of general sessions of the state of Tennessee are hereby vested with the jurisdiction to grant the writ of habeas corpus in all cases wherein any person is being unreasonably held or detained by any municipal official or authority without a warrant of arrest having been issued prior to such detention and against whom no formal charges have been made or placed and who has not been taken before a committing magistrate.
  2. (b) The petition for such writ of habeas corpus shall be sworn to and shall recite generally that the petitioner is presently being detained without charges; that the petitioner is being held by municipal authorities and/or officials; that petitioner was arrested without a warrant and has not been docketed or charged with any offenses and has not been brought before a committing magistrate.
  3. (c) It is the expressed intention of the general assembly to confer on the municipal or corporation courts and general sessions courts of this state, and the judges thereof, the jurisdiction to inquire into the detention of any person being held by municipal authorities and/or officials wherein no warrant for arrest has been issued or any formal charges have been made.
  4. (d) No application for habeas corpus made under this section shall be required to be brought pursuant to § 29-21-105, it being the legislative intent that habeas corpus petitions pursuant to this section shall not be required to be brought before the general sessions or municipal courts but that such petitions may be permitted to be brought before such courts.
§ 29-21-107. Petition — Affidavit.
  1. (a) Application for the writ shall be made by petition, signed either by the party for whose benefit it is intended, or some person on the pertitioner's behalf, and verified by affidavit.
  2. (b) The petition shall state:
    1. (1) That the person in whose behalf the writ is sought, is illegally restrained of liberty, and the person by whom and place where restrained, mentioning the name of such person, if known, and, if unknown, describing the person with as much particularity as practicable;
    2. (2) The cause or pretense of such restraint according to the best information of the applicant, and if it be by virtue of any legal process, a copy thereof shall be annexed, or a satisfactory reason given for its absence;
    3. (3) That the legality of the restraint has not already been adjudged upon a prior proceeding of the same character, to the best of the applicant's knowledge and belief; and
    4. (4) That it is first application for the writ, or, if a previous application has been made, a copy of the petition and proceedings thereon shall be produced, or satisfactory reasons be given for the failure so to do.
§ 29-21-108. Duty of court — Wrongful failure to grant writ.
  1. (a) It is the duty of the court or judge to act upon such applications instanter.
  2. (b) A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.
§ 29-21-109. Refusal of writ.
  1. If, from the showing of the petitioner, the plaintiff would not be entitled to any relief, the writ may be refused, the reasons for such refusal being briefly endorsed upon the petition, or appended thereto.
§ 29-21-110. Issuance of writ — Form — Formal defects.
  1. (a) If the petition show a sufficient ground for relief, the writ shall be forthwith allowed, and may be substantially as follows:
    1. State of Tennessee,
    2. To the sheriff, etc. [or to A B, as the case may be]:
    3. County
    4. You are hereby commanded to have the body of C B, who is alleged to be unlawfully detained by you, before the court, [or before me, or before E E, Judge, etc., as the case may be], at , on [or immediately after being served with this writ], to be dealt with according to law, and have you then and there this writ, with a return thereon of your doings in the premises.
    5. This day of , 20 . G H, Judge, etc.
  2. (b) The writ of habeas corpus shall not be disobeyed for any defect of form, or misdescription of the plaintiff or defendant, provided enough is stated to show the meaning and intent of the writ.
  3. (c) When the writ is allowed by a court in term, it is issued by the clerk, but in other cases the judge or chancellor issues the writ, signing it officially.
§ 29-21-111. Person by whom writ served.
  1. (a) The writ may be served by the sheriff, coroner, or constable, or any other person appointed for that purpose by the court or judge by whom it is issued or allowed.
  2. (b) If served by any other person than the sheriff, that person possesses the same power, and is liable to the same penalty for nonperformance the duty performed by that person, as though the person were the sheriff.
§ 29-21-112. Mode of service — Persons served.
  1. (a) The proper mode of service is by leaving a copy of the original writ with the defendant, and making the return upon the original.
  2. (b) Any person served with the writ is presumed to be the person for whom it is intended, although it may be directed to the person by a wrong name or description, or to another person.
  3. (c) If the defendant cannot be found, or, if the defendant have not the plaintiff in custody, the service may be made upon any person having the plaintiff in custody, in the same manner and with the same effect as though that person had been made a defendant therein.
§ 29-21-113. Arrest of defendant.
  1. If the defendant refuses admittance to the person attempting to serve the writ, hides, or attempts wrongfully to carry the plaintiff out of the county or state, the defendant may be arrested by the person having the writ, and brought, together with the plaintiff, immediately before the officer or court before whom the writ is returnable. In order to make such arrest, the sheriff, or other person having the writ, has the same power as is given to a sheriff for the arrest of a person charged with a felony.
§ 29-21-114. Taking plaintiff into custody.
  1. If the person in whose name the application is made can be found, and no one appears to have the charge or custody of the plaintiff, the person having the writ may take the plaintiff into custody, and make return accordingly, and, to get possession of the plaintiff's person in such case, the person possesses the same power as is given by § 29-21-113 for the arrest of the defendant.
§ 29-21-115. Precept.
  1. (a) The court or judge to whom the application for the writ is made, if satisfied that the plaintiff is likely to suffer irreparable injury before the plaintiff could be relieved by the proceedings as authorized in §§ 29-21-112 — 29-21-114, may issue a precept to the sheriff, or other person selected, commanding the sheriff or other person to bring the plaintiff forthwith before such judge or court.
  2. (b) When the evidence is further sufficient to justify the arrest of the defendant, for a criminal offense committed in connection with the illegal detention of the plaintiff, the precept shall also contain an order for the arrest of the defendant.
  3. (c) The officer or person to whom the precept is directed shall execute the same by bringing the defendant, and also the plaintiff, if required, before the court or judge issuing it, and thereupon the defendant shall make return to the writ of habeas corpus in the same manner as if the ordinary course had been pursued. The defendant may also be examined and committed, bailed or discharged, according to the nature of the case.
§ 29-21-116. Defendant's appearance and return — Answer.
  1. (a) Service being made in any of the modes provided for in this part, the defendant shall appear at the proper time, and make due return of the writ, and answer the petition, if required.
  2. (b) The person served with the writ shall state in the return, plainly and unequivocally:
    1. (1) Whether the person then has, or at any time has had, the plantiff in the person's control or restraint, and, if so, the authority and cause thereof, setting out the same fully;
    2. (2) If the party is detained under a writ, warrant, or other written authority, a copy thereof shall be annexed to the return, and the original shall be produced and exhibited to the court or judge, if required; and
    3. (3) If the person on whom the writ has been served, has had the plaintiff in the person's custody or power or under the person's restraint, at any time before or after the date of the writ, but has transferred the plaintiff to another person, that person shall state the facts explicitly, and to whom, at what time, for what cause, and by what authority such transfer was made.
  3. (c) The return shall be signed by the person making it, and verified by the oath; unless the person is a sworn public officer, and makes the return in an official capacity.
§ 29-21-117. Production of plaintiff by defendant.
  1. (a) At the time of making the return, the person on whom the same has been served shall also produce the body of the person detained according to the command of the writ, or show good cause for not doing so.
  2. (b) If the cause shown for not producing such person be sickness or infirmity, the fact shall be verified by affidavit, and other evidence if required.
  3. (c) The court may thereupon proceed as if the party were produced, or adjourn to the place where such party then is, or to some other time and place, according to circumstances.
§ 29-21-118. Waiver of plaintiff's right to be present.
  1. The plaintiff, in writing, or the plaintiff's attorney, may waive the right to be present at the examination, in which case the proceedings may be had in the plaintiff's absence.
§ 29-21-119. Proceedings after defendant's return.
  1. The plaintiff may demur or reply to the return, and all issues shall be tried by the court or judge in a summary way, the examination being adjourned from time to time, if necessary to the proper administration of justice, and all such orders being made for the custody of the plaintiff, in the meantime, as the nature of the case requires.
§ 29-21-120. Adjustment of bail.
  1. The plaintiff may also, in any case, be committed, let to bail, or the plantiff's bail diminished or increased, as justice may require.
§ 29-21-121. Subpoena of witnesses.
  1. (a) Subpoena for witnesses in all proceedings under this chapter may be issued by the court or judge granting the writ, or before whom the same is returnable, or by any general sessions judge.
  2. (b) Witnesses thus summoned are subject to the same penalties and entitled to the same privileges and fees as other witnesses.
  3. (c) Upon failure of the witness to attend, the fact shall be noted by the officer before whom the subpoena is returned, on the back thereof, and transmitted to the clerk of the circuit court of the county, who shall issue scire facias, as in other cases.
§ 29-21-122. Discharge of plaintiff or remand to custody.
  1. (a) If no sufficient legal cause of detention is shown, the plaintiff shall be discharged.
  2. (b) The party detained shall be remanded to custody:
    1. (1) If it appears the party is detained by virtue of process issued by a court or judge of the United States, in a case where such court or judge has exclusive jurisdiction;
    2. (2) Where the time during which such party may be legally detained has not expired; or
    3. (3) In every case in which the detention is authorized by law.
§ 29-21-123. Effect of irregular commitment.
  1. Although the commitment of the person detained may have been irregular, still, if the court or judge is satisfied, from the examination, that the person ought to be held to bail, or committed, either for the offense charged, or any other, the order shall be made accordingly.
§ 29-21-124. Filing of records — Costs.
  1. The proceedings under a writ of habeas corpus, including all the papers in the cause, and the final order, shall be returned by the judge to the nearest court served by that judge, to be filed there by the clerk, as other records, a brief memorandum thereof, duly indexed, being made upon the judgment or execution docket, and such clerk taxing the costs and issuing execution therefor, as in other cases.
§ 29-21-125. Costs — General rule.
  1. The costs of proceedings under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other cases.
§ 29-21-126. Costs on discharge of criminal defendant.
  1. (a) Where the defendant in a criminal prosecution is brought before any circuit or criminal judge on a writ of habeas corpus, and discharged by the judge, the costs shall be paid as in other state cases, when the defendant is tried and acquitted by a jury.
  2. (b)
    1. (1) When the defendant in the cases provided for in this section is charged with a felony, the judge shall make out and certify the bill of costs, and deliver the same to the clerk of the circuit court before which the defendant is bound to appear, by whom the costs shall be collected and paid out as in other cases.
    2. (2) If the defendant is charged with a misdemeanor, the judge shall deliver the bill of costs, made out and certified as before, to the court of general sessions of the county in which the defendant was charged with committing the offense, by whom the same shall be allowed as in other cases.
§ 29-21-127. Appeal.
  1. (a) Any party, either relator or defendant, in any habeas corpus case shall have the right of appeal to the proper appellate court from any judgment or decree rendered against such party by an inferior court.
  2. (b) The party so appealing shall give bond and security for the costs of such appeal except where the relator or defendant is under confinement and serving a prison sentence on final judgment.
  3. (c) This section shall not apply to parties held in custody in criminal cases.
§ 29-21-128. Disobedience of writ or order.
  1. Disobedience of the original writ, or any subsequent order thereon, subjects the defendant to commitment for contempt, and also to a forfeiture of one thousand dollars ($1,000) to the party aggrieved, besides rendering the defendant liable for all damages sustained in consequence of such disobedience.
§ 29-21-129. Evasion of service.
  1. The attempt to elude the service of the writ of habeas corpus, or to avoid the effect thereof by transferring the plaintiff out of the jurisdiction or to another person, or by concealing the plaintiff, or the place of the plaintiff's confinement, is a Class C misdemeanor.
§ 29-21-130. Refusal of officer to deliver copy of process.
  1. Any officer refusing to deliver a copy of any legal process by which the officer retains a party in custody to a person who demands such copy, and tenders the fees therefor, forfeits two hundred dollars ($200) to the person so detained.
Chapter 22 Hospitals' Liens
§ 29-22-101. Lien created — Application — Priority.
  1. (a) Every person, firm, association, corporation, institution, or any governmental unit, including the state of Tennessee, any county or municipalities operating and maintaining a hospital in this state, shall have a lien for all reasonable and necessary charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims or demands accruing to the person to whom such care, treatment or maintenance was furnished, or accruing to the legal representatives of such person in the case of such person's death, on account of illness or injuries giving rise to such causes of action or claims and which necessitated such hospital care, treatment and maintenance.
  2. (b) The hospital lien, however, shall not apply to any amount in excess of one-third (⅓) of the damages obtained or recovered by such person by judgment, settlement or compromise rendered or entered into by such person or such person's legal representative by virtue of the cause of action accruing thereto.
  3. (c) The lien herein created shall be subject and subordinate to any attorney's lien whether by contract, suit or judgment upon such claim or cause of action and shall not be applicable to accidents or injuries within the purview of the Tennessee Workers' Compensation Law, compiled in title 50, chapter 6. Any such lien arising out of a motor vehicle accident shall not take priority over a mechanic's lien or prior recorded lien upon a motor vehicle involved in such accident.
§ 29-22-102. Perfecting lien — Filing and notice — Contesting — Effect of settlement or payment.
  1. (a) In order to perfect such lien, the agent or operator of the hospital, before or within one hundred twenty (120) days after any such person shall have been discharged therefrom, shall file in the office of the clerk of the circuit court of the county in which the hospital is located, and in the county wherein the patient resides, if a resident of this state, a verified statement in writing setting forth the name and address of the patient as it appears on the records of the hospital, and the name and address of the operator thereof, the dates of admission and discharge of the patient therefrom, the amount claimed to be due for such hospital care, and to the best of the claimant's knowledge, the names and addresses of persons, firms or corporations claimed by such ill or injured person or by such person's legal representative, to be liable for damages arising from such illness or injuries.
  2. (b) A copy of the claim shall, within ten (10) days from the filing thereof be sent by registered mail, postage prepaid, to each person, firm or corporation so claimed to be liable on account of such illness or injuries, at the address given in the statement, and to the attorney, or attorneys, representing the person to whom services were rendered by the hospital if such attorney, or attorneys, are known to the claimant or could, with reasonable diligence, be known to the claimant.
  3. (c) The filing of the claim shall be notice thereof to all persons, firms or corporations who may be liable on account of such illness or injuries, whether or not they are named in the claim or lien and whether or not a copy of the claim shall have been received by them.
  4. (d) Any person desiring to contest such a lien or the reasonableness of the charges thereof may do so by filing a motion to quash or reduce the same in the circuit court of the county in which the lien was perfected, making all other parties in interest respondents thereto. Any such motion may be heard in term time or vacation and at such time and place as may be fixed by order of the court.
  5. (e)
    1. (1) If at the time an insurance carrier or other person, corporation or entity reaches a settlement and obtains a release of liability on or pays a claim filed by a policyholder or other person against such carrier, person, corporation or other entity, the hospital providing treatment to such policyholder or person has not perfected a lien as set out in this section, any lien perfected subsequent to such settlement or payment shall not apply to or create any additional liability on the part of the insurance carrier or other person, corporation or entity paying the settlement or claim.
    2. (2) This subsection (e) shall not apply until thirty (30) days after any such person is discharged from the hospital.
§ 29-22-103. Duties of circuit court clerk — Hospital lien book — Fee.
  1. (a) The clerk of the circuit court shall endorse on such claim the date and hour of filing and at the expense of the county shall provide a hospital lien book with proper index in which the clerk shall enter the date and hour of such filing, the name and address of the hospital, the operator thereof and of such patient, the amount claimed and the names and addresses of those claimed to be liable for damages.
  2. (b) The clerk shall be paid the sum of ten dollars ($10.00) as the fee for filing the claim.
§ 29-22-104. Impairment of lien — Damages.
  1. (a) No release or satisfaction or any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or any of them, shall be valid or effectual as against such lien unless the lienholder shall join therein or execute a release of the lien.
  2. (b)
    1. (1) Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this chapter shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance.
    2. (2) Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien.
    3. (3) Any action by the lienholder shall be brought in the court having jurisdiction of the amount of the lienholder's claim and may be brought and maintained in the county of residence of the lienholder.
§ 29-22-105. Release of lien — Fee.
  1. (a) To release a perfected lien as described under this chapter, the operator of the hospital to whom the lien has been duly paid shall execute a certificate to the effect that the claim filed by such hospital for treatment, care and maintenance therein has been duly paid or discharged and authorizing the clerk in whose office the notice of hospital lien has been filed, to release the same, such release to be at the expense of the hospital.
  2. (b) The clerk shall thereupon enter upon the margin of the hospital lien book in which the lien has been entered, a memorandum of such filing and the date when such certificate of payment or discharge was filed in the clerk's office, which certificate and entry shall constitute a release of lien, for which the clerk shall receive the sum of two dollars ($2.00).
§ 29-22-106. Lienholder not to be named on checks or drafts.
  1. No person, firm, or corporation, paying a claim, demand, or judgment shall include the name of any lien claimant, under this chapter, as a payee on any drafts or checks issued to settle such claims, demands, or judgments.
§ 29-22-107. Limitations on hospital.
  1. This chapter shall not be construed as giving any hospital an independent right of action to determine liability for injuries sustained by any person covered herein nor shall any settlement or compromise of a claim entered into on behalf of such person require the approval of the hospital.
Chapter 23 Injunctions
Part 1 Injunction to Stay Proceedings on Money Judgment
§ 29-23-101. Decree on dissolution of injunction to stay proceedings on money judgment.
  1. Upon the dissolution of an injunction to stay proceedings on a judgment for money, in whole or in part, the decree, interlocutory or final, shall be entered against the complainant and the complainant's sureties for such amount as the court may order, and the clerk and master shall issue executions thereon.
§ 29-23-103. Penalty for delay of judgment.
  1. Where an injunction to stay proceedings on a judgment is dissolved on a final hearing, the court may decree six percent (6%) on the amount of the judgment enjoined as damages, if of the opinion that the injunction was obtained for delay.
§ 29-23-104. Assessment of penalty for injurious injunction.
  1. (a) In cases where the court is of the opinion that the party enjoined has suffered a substantial injury, but that damages are speculative or incapable of ascertainment under legal rules, it may, on dissolution, in its sound discretion, assess and decree against the party suing out the writ a penalty in favor of the party enjoined.
  2. (b) If this discretion is exercised by the chancellor it shall be reviewable on appeal.
§ 29-23-105. Delivery of attached property — Payment of penalty.
  1. The court has power, upon final decree, to order the property which may have been attached to be delivered to the party entitled, and, in case of failure, that the persons liable upon original, replevy, or delivery bonds, shall pay all or such portion of the penalty as the court may order. Or, where the property is not forthcoming in conformity to the final decree, the court may enter judgment on motion, and execution may issue thereon for the whole, or any portion, of the penalty, as the court may direct, against all or any of the parties thereto.
Part 2 Injunction Against Sale Under Trust Deed or Mortgage
§ 29-23-201. Injunction against sale under trust deed or mortgage — Notice required.
  1. (a) No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made.
  2. (b) No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident.
§ 29-23-202. Contents of application for injunction.
  1. The party applying for relief in such case shall distinctly state how, when, and to whom the debt or any part of the debt secured aforementioned has been paid, or any circumstances of fraud which vitiate the contract.
§ 29-23-203. Answer — Delay in hearing on injunction.
  1. After the reading of the bill in the hearing of the trustee or mortgagee, if the trustee or mortgagee chooses to appear before the judge or chancellor, the trustee or mortgagee may have the right to a delay of proceedings not more than ten (10) days, during which time the trustee or mortgagee may file an answer before the same judge or chancellor.
§ 29-23-204. Decree.
  1. The judge or chancellor may then, upon such bill and answer, hear such cause, at chambers, as upon motion to dissolve the injunction, the judge's or chancellor's decision to be in a written decree, which decree, together with the bill, answer, and exhibits, shall be enclosed in a sealed envelope, to the clerk of the court in which the bill is filed, such decree to constitute a part of the record in the cause, in conformity to the terms of which, the clerk may take bonds from either party, or execute any other order as adjudged in such decree.
Chapter 24 Libel and Slander
§ 29-24-101. Charge of adultery or fornication.
  1. Any words written, spoken, or printed of a person, wrongfully and maliciously imputing to such person the commission of adultery or fornication, are actionable, without special damage except as otherwise provided in § 29-24-105.
§ 29-24-102. Costs on nominal recovery.
  1. Where the verdict in slander is under five dollars ($5.00), the plaintiff shall recover no more costs than damages.
§ 29-24-103. Notice of action against periodical — Effect of retraction.
  1. (a) Before any civil action is brought for publication, in a newspaper or periodical, of a libel, the plaintiff shall, at least five (5) days before instituting such action, serve notice in writing on the defendant, specifying the article and the statements therein which the plaintiff alleges to be false and defamatory.
  2. (b)
    1. (1) If it appears upon the trial that the article was published in good faith, that its falsity was due to an honest mistake of the facts, and that there were reasonable grounds for believing that the statements in the article were true, and that within ten (10) days after the service of such notice, or in the next regular edition of such newspaper or periodical, if more than ten (10) days from date of notice, a full and fair correction, apology, or retraction was published in the same editions, and in the case of a daily newspaper, in all editions of the day of such publication, or corresponding issues of the newspaper or periodical in which the article appeared; and in the case of newspapers on the front page thereof, and in the case of other periodicals in as conspicuous a place as that of the original defamatory article, and in either case, in as conspicuous a plat or type as was the original article, then the plaintiff shall recover only actual, and not punitive, damages.
    2. (2) The exemption from punitive damages shall not apply to any article about or affecting a candidate for political office, published within ten (10) days before any election for the office for which the person is a candidate.
§ 29-24-104. Broadcasting stations.
  1. (a) The owner, licensee, or operator of a visual or sound radio broadcasting station or network of stations, and the agents or employees of any such owner, licensee or operator, shall not be liable for any damages for any defamatory statement published or uttered in or as a part of a visual or sound radio broadcast, by one other than such owner, licensee, or operator, or agent or employee thereof, unless it shall be alleged by the complaining party that such owner, licensee, operator, or such agent or employee, has failed to exercise due care to prevent the publication or utterance of such statement in such broadcast.
  2. (b) It shall be the responsibility of the owner, licensee or operator to show that due care was used.
  3. (c) In no event, however, shall any owner, licensee, or operator, or the agents or employees of any such owner, licensee or operator of any such a station or network of stations, be held liable for any damages for any defamatory statement uttered over the facilities of such station or network by any candidate for public office, unless such statement is made by an agent or employee of the owner, licensee, or operator in the course of employment.
§ 29-24-105. Commercial printers and printing establishments relieved of liability for libel under certain conditions.
  1. (a) For the purpose of this section, “commercial printer or commercial printing establishment” includes any person or establishment producing printed products by any and all processes, and suppliers of type, stencils, plates and/or negatives from which such printing is produced.
  2. (b) The right of action heretofore existing against a commercial printer or commercial printing establishment engaged in the business of printing for others to recover sums of money as damages for the publication of a libel is hereby abolished where the copy for the libelous matter was furnished by the customer to the commercial printer or commercial printing establishment, and no part of the libelous matter was written, edited or otherwise authored by the commercial printer or commercial printing establishment or their agents, servants or employees.
  3. (c)
    1. (1) The benefits of this section shall not inure to the commercial printer or printing establishment, where the copy is libelous per se or where the commercial printer, or commercial printing establishment, its agents, servants or employees knew, or in the exercise of ordinary care should have known, of the falsity of the matter contained in such copy.
    2. (2) The benefit of this section shall not inure to the benefit of any commercial printer or any commercial printing establishment unless such printer or printing establishment requires the person furnishing such copy to place the provider's true name, address and organization represented, if any, on such copy or in a permanent record book kept for such purpose, such information to be available to the person allegedly libeled upon the libeled party's written request.
Chapter 25 Mandamus
§ 29-25-101. Power to issue writ.
  1. Circuit judges and chancellors have power to issue writs of mandamus, upon petition or bill, supported by affidavit.
§ 29-25-102. Alternative and peremptory writs.
  1. (a) The writ is either alternative or peremptory.
  2. (b) The alternative writ commands the defendant to do the act required to be performed or show cause before the court forthwith, or at a specified time and place, why the defendant has not done so, and that the defendant then and there return the writ.
  3. (c) The peremptory writ commands the defendant to do the act and return the writ accordingly.
§ 29-25-103. Court to which writ returnable.
  1. The writ is returnable to the court of the county in which the land lies, in all cases where land is the subject of controversy, and in all other cases to the court of the county where the defendant resides, or, if against a public officer or corporation, in the county in which the office is kept or corporation does business.
§ 29-25-104. Notice to and intervention by third person.
  1. The defendant in the writ shall notify any third person claiming title to or interest in the matter in controversy, and such third person may, upon application, be made a defendant, and permitted to file an answer, upon giving security for costs.
§ 29-25-105. Failure of third person to appear.
  1. If such third person is a nonresident or unknown, publication shall be made as in other cases against nonresidents; and, on the nonresident's failing to appear and answer according to the requirements of the order of publication, the petition or bill may be taken for confessed, and proceeded with ex parte.
§ 29-25-106. Filing of answer.
  1. On the return day of the alternative writ, or on such further day as the court may allow, the party on whom the writ has been served may show cause by a sworn answer, and issue may be made thereon, and tried accordingly.
§ 29-25-107. Issues of fact.
  1. If the answer deny any material facts stated in the petition, the court may determine the issues upon evidence, or cause them to be submitted to a jury.
§ 29-25-108. Judgment.
  1. (a) When the defendant makes default, or a decision is made against the defendant after appearance, the court shall direct a peremptory mandamus to issue forthwith.
  2. (b) Should the decision be adverse to the petitioner, the petition or bill shall be dismissed with costs.
§ 29-25-109. Costs.
  1. The costs and fees in mandamus cases are the same as those prescribed by law for similar services in chancery proceedings.
Chapter 26 Health Care Liability
Part 1 General Provisions
§ 29-26-101. Part definitions.
  1. (a) As used in this part, unless the context otherwise requires:
    1. (1) “Health care liability action” means any civil action, including claims against the state or a political subdivision thereof, alleging that a health care provider or providers have caused an injury related to the provision of, or failure to provide, health care services to a person, regardless of the theory of liability on which the action is based;
    2. (2) “Health care provider” means:
      1. (A) A health care practitioner licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, including, but not limited to, medical resident physicians, interns, and fellows participating in a training program of one of the accredited medical schools or of one of such medical school's affiliated teaching hospitals in Tennessee;
      2. (B) A nongovernmental health care facility licensed under title 68, chapter 11;
      3. (C) A nongovernmental health facility licensed under the Mental Health, Developmental Disability, and Personal Support Services Licensure Law, compiled in title 33, chapter 2, part 4;
      4. (D) The employee of a health care provider involved in the provision of health care services, including, but not limited to, physicians, nurses, licensed practical nurses, advance practice nurses, physician assistants, nursing technicians, pharmacy technicians, orderlies, certified nursing assistants, technicians and those physicians and nurses employed by a governmental health facility; or
      5. (E) A professional corporation or professional limited liability company established pursuant to title 48, a registered limited liability partnership rendering professional services under title 61 and which consists of one (1) or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68, or any legal entity that is not itself required to be licensed but which employs one or more health care practitioners licensed, authorized, certified, registered, or regulated under any chapter of title 63 or title 68;
    3. (3) “Licensee” means a health care provider licensed, authorized, certified, registered, or regulated under title 33, 63, or 68 that is legally responsible for all health care services provided;
    4. (4) “Management company” means an individual or entity that contracts with, or receives a fee from, a licensee to provide any of the following services to or for a licensee:
      1. (A) Directly hiring or firing the administrator or other managing employees of the licensee;
      2. (B) Directly controlling or having control over the staffing levels at the licensee;
      3. (C) Directly controlling the budget and expenditures of the licensee; or
      4. (D) Directly implementing and enforcing the policies and procedures of the licensee; and
    5. (5) “Passive investor” means an individual or entity that has an ownership interest in a licensee but does not directly participate in the day-to-day decision making or operations of the licensee.
  2. (b) Health care services to persons includes care by health care providers, which includes care by physicians, nurses, licensed practical nurses, pharmacists, pharmacy interns or pharmacy technicians under the supervision of a pharmacist, orderlies, certified nursing assistants, advance practice nurses, physician assistants, nursing technicians and other agents, employees and representatives of the provider, and also includes staffing, custodial or basic care, positioning, hydration and similar patient services.
  3. (c) Any such civil action or claim is subject to this part regardless of any other claims, causes of action, or theories of liability alleged in the complaint; provided, that no provision of this part shall apply to claims against the state to the extent that such provision is inconsistent with or conflicts with the Tennessee Claims Commission Act, compiled in title 9, chapter 8, part 3.
§ 29-26-102. Permissible defendants in health care liability action — Determining statute of limitations.
  1. (a) Except as provided in this section, a health care liability action against a licensee may be brought only against the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor. A passive investor shall not be liable under this part. A health care liability action against any other individual or entity may be brought only pursuant to subsection (b).
  2. (b) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management company, the licensee's managing employees, or an individual caregiver who provided direct health care services, whether an employee or independent contractor, unless, after a hearing on a motion for leave to amend, the court or arbitrator determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:
    1. (1) The individual or entity owed a duty of reasonable care to the claimant and that the individual or entity breached that duty; and
    2. (2) The breach of that duty is a legal cause of loss, injury, death, or damage to the claimant.
  3. (c) When determining the statute of limitations in a health care liability action, the date of the original pleading shall control regardless of whether there are amended pleadings or substituted or added parties.
§ 29-26-103. Use of results of survey, inspection or investigation of health care provider conducted by state or federal department or agency.
  1. (a) Except as otherwise provided in this section, the results of a survey, an inspection, or an investigation of a health care provider that is conducted by any state or federal department or agency, including any statement of deficiencies and all findings and deficiencies cited in the statement of deficiencies on the basis of the survey, inspection, or investigation, all proposed or implemented plans of correction submitted by the health care provider, and statements of or records of interviews with employees or independent contractors of the health care provider, shall not be:
    1. (1) Admissible in evidence in any health care liability action in any court or arbitration proceeding on the basis that it satisfies an exception to the Tennessee rules of evidence governing hearsay; or
    2. (2) Used in an advertisement, unless the advertisement includes all of the following:
      1. (A) The date the survey, inspection, or investigation was conducted;
      2. (B) If a finding or deficiency cited in the statement of deficiencies has been corrected, a statement that the finding or deficiency has been corrected and the date the finding or deficiency was corrected; and
      3. (C) A statement that the advertisement is neither authorized nor endorsed by the department of health, department of mental health and substance abuse services, or any other government agency.
  2. (b) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used in an administrative proceeding, a state civil or criminal proceeding, or a federal civil or criminal proceeding initiated by a state or federal department or agency, or an appeal of any such proceeding.
  3. (c) Nothing in this section prohibits the results of a survey, an inspection, or investigation being used to impeach a witness in a health care liability action.
§ 29-26-115. Claimant's burden in health care liability action — Expert testimony — Presumption of negligence — Jury instructions.
  1. (a) In a health care liability action, the claimant shall have the burden of proving by evidence as provided by subsection (b):
    1. (1) The recognized standard of acceptable professional practice in the profession and the specialty thereof, if any, that the defendant practices in the community in which the defendant practices or in a similar community at the time the alleged injury or wrongful action occurred;
    2. (2) That the defendant acted with less than or failed to act with ordinary and reasonable care in accordance with such standard; and
    3. (3) As a proximate result of the defendant's negligent act or omission, the plaintiff suffered injuries which would not otherwise have occurred.
  2. (b) No person in a health care profession requiring licensure under the laws of this state shall be competent to testify in any court of law to establish the facts required to be established by subsection (a), unless the person was licensed to practice in the state or a contiguous bordering state a profession or specialty which would make the person's expert testimony relevant to the issues in the case and had practiced this profession or specialty in one (1) of these states during the year preceding the date that the alleged injury or wrongful act occurred. This rule shall apply to expert witnesses testifying for the defendant as rebuttal witnesses. The court may waive this subsection (b) when it determines that the appropriate witnesses otherwise would not be available.
  3. (c) In a health care liability action as described in subsection (a), there shall be no presumption of negligence on the part of the defendant; provided, that there shall be a rebuttable presumption that the defendant was negligent where it is shown by the proof that the instrumentality causing injury was in the defendant's (or defendants') exclusive control and that the accident or injury was one which ordinarily doesn't occur in the absence of negligence.
  4. (d) In a health care liability action as described in subsection (a), the jury shall be instructed that the claimant has the burden of proving, by a preponderance of the evidence, the negligence of the defendant. The jury shall be further instructed that injury alone does not raise a presumption of the defendant's negligence.
§ 29-26-116. Statute of limitations — Counterclaim for damages.
  1. (a)
    1. (1) The statute of limitations in health care liability actions shall be one (1) year as set forth in § 28-3-104.
    2. (2) In the event the alleged injury is not discovered within such one-year period, the period of limitation shall be one (1) year from the date of such discovery.
    3. (3) In no event shall any such action be brought more than three (3) years after the date on which the negligent act or omission occurred except where there is fraudulent concealment on the part of the defendant, in which case the action shall be commenced within one (1) year after discovery that the cause of action exists.
    4. (4) The time limitation herein set forth shall not apply in cases where a foreign object has been negligently left in a patient's body, in which case the action shall be commenced within one (1) year after the alleged injury or wrongful act is discovered or should have been discovered.
  2. (b) In any action for damages for personal injury or death, whether based on tort or contract law, or otherwise, a counterclaim for damages for malicious prosecution (on the ground that the principal action was instituted with improper intent and without probable cause) or malicious abuse of process (on the ground that there was an improper use with improper intent of the process) in filing such action may be filed and litigated in the same action; provided, that the counterclaim shall be based upon substantial allegations.
§ 29-26-117. Plaintiff's demand for specific sum inadmissible during trial.
  1. In a health care liability action the pleading filed by the plaintiff may state a demand for a specific sum, but such demand shall not be disclosed to the jury during a trial of the case notwithstanding § 20-9-302 to the contrary.
§ 29-26-118. Proving inadequacy of consent.
  1. In a health care liability action, the plaintiff shall prove by evidence as required by § 29-26-115(b) that the defendant did not supply appropriate information to the patient in obtaining informed consent (to the procedure out of which plaintiff's claim allegedly arose) in accordance with the recognized standard of acceptable professional practice in the profession and in the specialty, if any, that the defendant practices in the community in which the defendant practices and in similar communities.
§ 29-26-119. Damages in healthcare liability actions.
  1. (a) As used in this section, “actual economic losses” means the financial costs incurred by the claimant by reason of the personal injury, including the cost of reasonable and necessary medical care, rehabilitation services, and custodial care.
  2. (b) In all health care liability actions, the common law collateral source rule is abrogated as specified in this section.
  3. (c) In a health care liability action, the damages awarded may include, in addition to other elements of damages authorized by law, past and future actual economic losses suffered by the claimant.
  4. (d) Past actual economic losses are limited to:
    1. (1) The amounts that have been paid or will be paid by the assets of the claimant or on the claimant's behalf; and
    2. (2) The amounts the claimant's providers have accepted or will accept as full payment for reasonable and necessary medical care, rehabilitation services, or custodial care, whether pursuant to:
      1. (A) An agreement with an insurance company or third-party payor;
      2. (B) The authorized reimbursement rates for a government health insurance program in which the claimant and the provider participate; or
      3. (C) Any charity, discount program, write-off, gift, or other reason by the provider.
  5. (e) Actual economic losses will only be limited to the extent that documentation of the reduction is submitted.
§ 29-26-120. Attorneys' fees.
  1. Compensation for reasonable attorneys' fees in the event an employment contract exists between the claimant and claimant's attorney on a contingent fee arrangement shall be awarded to the claimant's attorney in a health care liability action in an amount to be determined by the court on the basis of time and effort devoted to the litigation by the claimant's attorney, complexity of the claim and other pertinent matters in connection therewith, not to exceed thirty-three and one-third percent (33⅓%) of all damages awarded to the claimant.
§ 29-26-121. Claim for health care liability — Notice — Evidence of compliance — Limitations — Copies of medical records.
  1. (a)
    1. (1) Any person, or that person's authorized agent, asserting a potential claim for health care liability shall give written notice of the potential claim to each health care provider that will be a named defendant at least sixty (60) days before the filing of a complaint based upon health care liability in any court of this state.
    2. (2) The notice shall include:
      1. (A) The full name and date of birth of the patient whose treatment is at issue;
      2. (B) The name and address of the claimant authorizing the notice and the relationship to the patient, if the notice is not sent by the patient;
      3. (C) The name and address of the attorney sending the notice, if applicable;
      4. (D) A list of the name and address of all providers being sent a notice; and
      5. (E) A HIPAA compliant medical authorization permitting the provider receiving the notice to obtain complete medical records from each other provider being sent a notice.
    3. (3) The requirement of service of written notice prior to suit is deemed satisfied if, within the statutes of limitations and statutes of repose applicable to the provider, one of the following occurs, as established by the specified proof of service, which shall be filed with the complaint:
      1. (A) Personal delivery of the notice to the health care provider or an identified individual whose job function includes receptionist for deliveries to the provider or for arrival of the provider's patients at the provider's current practice location. Delivery must be established by an affidavit stating that the notice was personally delivered and the identity of the individual to whom the notice was delivered; or
      2. (B) Mailing of the notice:
        1. (i) To an individual health care provider at both the address listed for the provider on the Tennessee department of health web site and the provider's current business address, if different from the address maintained by the Tennessee department of health; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient; or
        2. (ii) To a health care provider that is a corporation or other business entity at both the address for the agent for service of process, and the provider's current business address, if different from that of the agent for service of process; provided, that, if the mailings are returned undelivered from both addresses, then, within five (5) business days after receipt of the second undelivered letter, the notice shall be mailed in the specified manner to the provider's office or business address at the location where the provider last provided a medical service to the patient.
    4. (4) Compliance with subdivision (a)(3)(B) shall be demonstrated by filing a certificate of mailing from the United States postal service stamped with the date of mailing and an affidavit of the party mailing the notice establishing that the specified notice was timely mailed by certified mail, return receipt requested. A copy of the notice sent shall be attached to the affidavit. It is not necessary that the addressee of the notice sign or return the return receipt card that accompanies a letter sent by certified mail for service to be effective.
    5. (5) In the event a person, entity, or health care provider receives notice of a potential claim for health care liability pursuant to this subsection (a), the person, entity, or health care provider shall, within thirty (30) days of receiving the notice, based upon any reasonable knowledge and information available, provide written notice to the potential claimant of any other person, entity, or health care provider who may be a properly named defendant.
  2. (b) If a complaint is filed in any court alleging a claim for health care liability, the pleadings shall state whether each party has complied with subsection (a) and shall provide the documentation specified in subdivision (a)(2). The court may require additional evidence of compliance to determine if the provisions of this section have been met. The court has discretion to excuse compliance with this section only for extraordinary cause shown.
  3. (c) When notice is given to a provider as provided in this section, the applicable statutes of limitations and repose shall be extended for a period of one hundred twenty (120) days from the date of expiration of the statute of limitations and statute of repose applicable to that provider. Personal service is effective on the date of that service. Service by mail is effective on the first day that service by mail is made in compliance with subdivision (a)(2)(B). In no event shall this section operate to shorten or otherwise extend the statutes of limitations or repose applicable to any action asserting a claim for health care liability, nor shall more than one (1) extension be applicable to any provider. Once a complaint is filed alleging a claim for health care liability, the notice provisions of this section shall not apply to any person or entity that is made a party to the action thereafter by amendment to the pleadings as a result of a defendant's alleging comparative fault.
  4. (d)
    1. (1) All parties in an action covered by this section shall be entitled to obtain complete copies of the claimant's medical records from any other provider receiving notice. A party shall provide a copy of the specified portions of the claimant's medical records as of the date of the receipt of a legally authorized written request for the records within thirty (30) days thereafter. The claimant complies with this requirement by providing the providers with the authorized HIPAA compliant medical authorization required to accompany the notice. The provider may comply with this section by:
      1. (A) Mailing a copy of the requested portions of the records with a statement for the cost of duplication of the records to the individual requesting the records;
      2. (B) Informing the individual requesting the records that the records will be mailed only upon advance payment for the records for the stated cost of the records, calculated as provided in § 63-2-102. Any request for advance payment must be made in writing twenty (20) days after the receipt of the request for medical records. The provider must send the records within three (3) business days after receipt of payment for the records; or
      3. (C) Fulfilling such other method that the provider and the individual requesting the records agree to in writing.
    2. (2) The records received by the parties shall be treated as confidential, to be used only by the parties, their counsel, and their consultants.
  5. (e) In the event that a complaint is filed in good faith reliance on the extension of the statute of limitations or repose granted by this section and it is later determined that the claim is not a health care liability claim, the extension of the statute of limitations and repose granted by this section is still available to the plaintiff.
  6. (f)
    1. (1) Upon the filing of any “healthcare liability action,” as defined in § 29-26-101, the named defendant or defendants may petition the court for a qualified protective order allowing the defendant or defendants and their attorneys the right to obtain protected health information during interviews, outside the presence of claimant or claimant’s counsel, with the relevant patient’s treating “healthcare providers,” as defined by § 29-26-101. Such petition shall be granted under the following conditions:
      1. (A) The petition must identify the treating healthcare provider or providers for whom the defendant or defendants seek a qualified protective order to conduct an interview;
      2. (B) The claimant may file an objection seeking to limit or prohibit the defendant or defendants or the defendant’s or defendants’ counsel from conducting the interviews, which may be granted only upon good cause shown that a treating healthcare provider does not possess relevant information as defined by the Tennessee Rules of Civil Procedure; and
      3. (C)
        1. (i) The qualified protective order shall expressly limit the dissemination of any protected health information to the litigation pending before the court and require the defendant or defendants who conducted the interview to return to the healthcare provider or destroy any protected health information obtained in the course of any such interview, including all copies, at the end of the litigation;
        2. (ii) The qualified protective order shall expressly provide that participation in any such interview by a treating healthcare provider is voluntary.
    2. (2) Any healthcare provider's disclosure of relevant information in response to a court order under this section, including, but not limited to, protected health information, opinions as to the standard of care of any defendant, compliance with or breach of the standard, and causation of the alleged injury, shall be deemed a permissible disclosure under Tennessee law.
    3. (3) Nothing in this part shall be construed as restricting in any way the right of a defendant or defendant’s counsel from conducting interviews outside the presence of claimant or claimant’s counsel with the defendant’s own present or former employees, partners, or owners concerning a healthcare liability action.
§ 29-26-122. Filing of certificate of good faith.
  1. (a) In any health care liability action in which expert testimony is required by § 29-26-115, the plaintiff or plaintiff's counsel shall file a certificate of good faith with the complaint. If the certificate is not filed with the complaint, the complaint shall be dismissed, as provided in subsection (c), absent a showing that the failure was due to the failure of the provider to timely provide copies of the claimant's records requested as provided in § 29-26-121 or demonstrated extraordinary cause. The certificate of good faith shall state that:
    1. (1) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they:
      1. (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
      2. (B) Believe, based on the information available from the medical records concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to maintain the action consistent with the requirements of § 29-26-115; or
    2. (2) The plaintiff or plaintiff's counsel has consulted with one (1) or more experts who have provided a signed written statement confirming that upon information and belief they:
      1. (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
      2. (B) Believe, based on the information available from the medical records reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue and, as appropriate, information from the plaintiff or others with knowledge of the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the medical records or information reasonably available to the plaintiff or plaintiff's counsel; and that, despite the absence of this information, there is a good faith basis for maintaining the action as to each defendant consistent with the requirements of § 29-26-115. Refusal of the defendant to release the medical records in a timely fashion or where it is impossible for the plaintiff to obtain the medical records shall waive the requirement that the expert review the medical record prior to expert certification.
  2. (b) Within thirty (30) days after a defendant has alleged in an answer or amended answer that a non-party is at fault for the injuries or death of the plaintiff and expert testimony is required to prove fault as required by § 29-26-115, each defendant or defendant's counsel shall file a certificate of good faith stating that:
    1. (1) The defendant or defendant's counsel has consulted with one (1) or more experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they:
      1. (A) Are competent under § 29-26-115 to express an opinion or opinions in the case; and
      2. (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there is a good faith basis to allege such fault against another consistent with the requirements of § 29-26-115; or
    2. (2) The defendant or defendant's counsel has consulted with one (1) or more medical experts, which may include the defendant filing the certificate of good faith, who have provided a signed written statement confirming that upon information and belief they:
      1. (A) Are competent under § 29-26-115 to express an opinions or opinions in the case; and
      2. (B) Believe, based on the information reviewed concerning the care and treatment of the plaintiff for the incident or incidents at issue, that there are facts material to the resolution of the case that cannot be reasonably ascertained from the information reasonably available to the defendant or defendant's counsel; and that, despite the absence of this information, there is a good faith basis for alleging such fault against another, whether already a party to the action or not, consistent with the requirements of § 29-26-115.
  3. (c) The failure of a plaintiff to file a certificate of good faith in compliance with this section shall, upon motion, make the action subject to dismissal with prejudice. The failure of a defendant to file a certificate of good faith in compliance with this section alleging the fault of a non-party shall, upon motion, make such allegations subject to being stricken with prejudice unless the plaintiff consents to waive compliance with this section. If the allegations are stricken, no defendant, except for a defendant who complied with this section, can assert, and neither shall the judge nor jury consider, the fault, if any, of those identified by the allegations. The court may, upon motion, grant an extension within which to file a certificate of good faith if the court determines that a health care provider who has medical records relevant to the issues in the case has failed to timely produce medical records upon timely request, or for other good cause shown.
  4. (d)
    1. (1) Subject only to subdivision (d)(2), the written statement of an expert relied upon in executing the certificate of good faith is not discoverable in the course of litigation.
    2. (2) If a party in a health care liability action subject to this section prevails on the basis of the failure of an opposing party to offer any competent expert testimony as required by § 29-26-115, the court may, upon motion, compel the opposing party or party's counsel to provide to the court a copy of each such expert's signed written statement relied upon in executing the certificate of good faith. The medical experts may be compelled to provide testimony under oath, as determined by the court, for the purposes of determining that party's compliance with subsection (a) or (b).
    3. (3) If the court, after hearing, determines that this section has been violated, the court shall award appropriate sanctions against the attorney if the attorney was a signatory to the action and against the party if the party was proceeding pro se. The sanctions may include, but are not limited to, payment of some or all of the attorney's fees and costs incurred by a party in defending or responding to a claim or defense supported by the non-complying certificate of good faith. If the signatory was an attorney, the court shall forward the order to the board of professional responsibility for appropriate action. Upon proof that a party or party's counsel has filed a certificate of good faith in violation of this section in three (3) or more cases in any court of record in this state, the court shall, upon motion, require the party or party's counsel to post a bond in the amount of ten thousand dollars ($10,000) per adverse party in any future health care liability case to secure payment of sanctions for any violation of this section in such case.
    4. (4) A certificate of good faith shall disclose the number of prior violations of this section by the executing party.
    5. (5) The administrative office of the courts shall develop a certificate of good faith form to effectuate the purposes of this section.
Part 2 Therapist Sexual Misconduct Victims Compensation
§ 29-26-201. Short title.
  1. The title of this part is, and may be cited as, the “Therapist Sexual Misconduct Victims Compensation Act.”
§ 29-26-202. Intent.
  1. It is the intention of the general assembly to provide victims of sexual misconduct by a therapist with a legal remedy, including significant compensatory damages and a more reasonable statute of limitations. It is intended to prevent sexual misconduct by a therapist by imposing significant liability upon any therapist who engages in this type of misconduct. This is necessary due to the inadequacy of the current system of health care liability where the statute of limitations fails to address the specific problems associated with sexual misconduct by a therapist. This part also clarifies the legal landscape and attempts to prevent most instances of sexual misconduct by making employers liable if they refuse to take simple and reasonable steps to avoid endangering their patients.
§ 29-26-203. Part definitions.
  1. As used in this part, unless the context otherwise requires:
    1. (1) “Claimant” means any of the following:
      1. (A) The victim;
      2. (B) The parents of the victim where the victim is still a minor;
      3. (C) The legal guardian of the victim if the victim is not competent to assert such victim's legal rights; or
      4. (D) The spouse of the victim where the sexual misconduct occurred while the spouse and the victim were married;
    2. (2) “Deception” means the representation that sexual actions are part of or consistent with the patient's treatment by the therapist;
    3. (3) “Emotionally dependent” means that the patient's emotional condition is such that the therapist knows or has reason to know that the patient is not competent to give consent to sexual advances due to the relationship which the therapist and patient have developed in the course of treatment by the therapist;
    4. (4) “Employer” means any person or entity that employs any therapist for the purpose of providing therapy;
    5. (5) “Patient” means a person who has obtained therapy from a therapist. For purposes of this part, “patient” encompasses both current and former patients of a therapist;
    6. (6) “Sexual behavior” means sexual activity of the victim other than the sexual act or acts at issue in the case;
    7. (7)
      1. (A) “Sexual misconduct” means any of the following, regardless of the consent of the patient:
        1. (i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification;
        2. (ii) Any intrusion into an opening of the therapist's body by any part of the patient's body, or an object used by the patient to effect an intrusion for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
        3. (iii) Touching of the patient's body by the therapist for the purpose of sexual arousal or gratification; or
        4. (iv) Touching of the therapist's body by the patient for the purpose of sexual arousal or gratification where the therapist has consented to the conduct verbally or by acquiescence;
      2. (B) Sexual misconduct includes attempts by the therapist to engage in the conduct described in subdivisions (7)(A)(i) — (iv), inclusive; and
      3. (C) Conduct which is part of standard medical treatment shall not constitute sexual misconduct if the therapist is legally permitted and qualified to perform such medical treatment;
    8. (8) “Therapist” means any person who performs therapy regardless of whether the person is licensed by the state; and
    9. (9) “Therapy” means action by a person who represents that the person is and does practice the professional treatment, assessment, or counseling of a mental or emotional disorder, illness, condition or symptom. “Therapy” includes, but is not limited to, marital counseling, substance abuse treatment, and family counseling. Therapy begins the first time the patient seeks the therapist's assistance as a therapist. “Therapy” includes services provided without charge if they otherwise meet the definition.
§ 29-26-204. Elements.
  1. A cause of action for sexual misconduct exists for a claimant where the sexual misconduct occurred:
    1. (1) During the time when the patient was receiving therapy from the therapist;
    2. (2) After the patient has stopped receiving therapy from the therapist if the patient is still emotionally dependent upon the therapist or the sexual misconduct was the result of deception; or
    3. (3) Both subdivisions (1) and (2).
§ 29-26-205. Exceptions.
  1. A therapist does not violate § 29-26-204 if the patient is:
    1. (1) The spouse of the therapist and was married to the therapist prior to the establishment of the therapist-patient relationship; or
    2. (2) The sexual relationship began prior to the establishment of the therapist-patient relationship.
§ 29-26-206. Employer liability.
  1. (a) An employer of a therapist may be liable under § 29-26-204 if sexual misconduct occurred as provided in § 29-26-204, and either of the following applies:
    1. (1) The employer fails to take reasonable action when the employer knows or has reason to know that the therapist has engaged in sexual misconduct with any patient; or
    2. (2) The employer fails to make inquiries of a former employer concerning past sexual misconduct of the therapist and the:
      1. (A) Former employer's name and address has been disclosed to the employer;
      2. (B) Therapist was employed by the former employer as a therapist within five (5) years of the date of employment as a therapist for the employer and during the period of prior employment the therapist engaged in sexual misconduct.
  2. (b) An employer or former employer of a therapist may be liable under § 29-26-204 if:
    1. (1) Sexual misconduct occurred as provided in § 29-26-204;
    2. (2) The employer or former employer receives a written request from another employer or prospective employer concerning sexual misconduct by the therapist;
    3. (3) The employer or prospective employer is considering the therapist for a therapist position; and
    4. (4) The employer or former employer knows or has reason to know of the sexual misconduct and fails or refuses to disclose to the requesting employer the occurrence of sexual misconduct by the therapist.
  3. (c) An employer or former employer who gives information concerning sexual misconduct by a therapist when presented with a request for such information by a prospective employer of the therapist is absolved from any legal liability due to the therapist's failure to find employment or damage to the therapist's reputation as a result of the information provided, unless the information is false and the reporting employer knew or should have known that the information was false.
  4. (d) Nothing in this section is intended to affect in any way the application of employer liability if such liability rests upon negligence by the employer in supervising the therapist or where the scope of employment would encompass the sexual misconduct.
§ 29-26-207. Evidence of sexual conduct.
  1. In an action for sexual misconduct, the victim's sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim's sexual history which is relevant to a determination of the timing of the sexual relationship between the parties is discoverable.
§ 29-26-208. Statute of limitations.
  1. (a) The statute of limitations in sexual misconduct actions is two (2) years from the date the alleged injury occurred or is discovered, whichever is later. For purposes of this section, discovery of the alleged injury occurs after therapy ends, the victim is no longer emotionally dependent upon the therapist, and the patient knew or should have known that sexual misconduct by a therapist is unprofessional and harmful to the patient.
  2. (b) Except as provided in subsection (c), no such action shall be brought more than three (3) years after the date of the last communication of any kind between the therapist and the patient.
  3. (c) Where the sexual misconduct involves a minor, the statute of limitations shall be one (1) year after the minor's eighteenth birthday, except that where subsection (a) or (b) would provide for a longer time in which to bring a claim, the provision that provides the longest time in which to bring a claim applies.
§ 29-26-209. Damages.
  1. The claimant may recover for damages caused by the sexual misconduct. Such damages include, but are not limited to:
    1. (1) Reasonable economic losses caused by the emotional, mental or physical effects of the sexual misconduct, including, but not limited to:
      1. (A) The cost of counseling, hospitalization and any other expenses connected with treating the harm caused by the sexual misconduct;
      2. (B) Any payments made to the therapist for treatment;
      3. (C) The cost of counseling, hospitalization and any other expenses connected with treating the mental disorder, illness, condition, or symptom for which the patient had sought therapy from the therapist; and
      4. (D) Loss of income caused by the sexual misconduct;
    2. (2) Pain and suffering caused by the sexual misconduct, including, but not limited to, psychological and emotional anguish;
    3. (3) If the victim is dead, the claimant may seek damages for wrongful death where the victim's death is the result of the physical or emotional harm inflicted upon the victim by the sexual misconduct of the therapist; and
    4. (4) Punitive damages as otherwise provided by law.
§ 29-26-210. Construction.
  1. This part is declared to be remedial in nature and this part shall be liberally construed to effectuate its purposes.
Chapter 27 Partition
Part 1 Partition Generally
§ 29-27-101. Persons entitled.
  1. Any person having an estate of inheritance, or for life, or for years, in lands, and holding or being in possession thereof, as tenant in common or otherwise, with others, is entitled to partition thereof, or sale for partition, under this chapter.
§ 29-27-102. Effect of encumbrance.
  1. The fact that the premises are subject to an encumbrance by mortgage or otherwise will not affect the right.
§ 29-27-103. Infancy of owners — Distinctness of interests.
  1. Nor will the fact that some of the joint owners are infants, and that it is to their interest that the property should not be partitioned; nor that the several estates and interests of the parties are altogether different and distinct.
§ 29-27-104. Partial partition — Interest of minors.
  1. In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set them apart to each in severalty, as may appear to be just, upon the proof introduced.
§ 29-27-105. Partition of personalty — Possession pending proceeding.
  1. (a) Any two (2) or more persons owning personal property in common may have partition, or sale for partition, thereof, in accord, substantially, with this chapter in respect of realty.
  2. (b) Where such owners are unable to agree as to possession pending the proceeding, the court may make orders as to possession or leasing thereof.
§ 29-27-106. Jurisdiction of courts.
  1. (a) The county, circuit, or chancery courts have concurrent jurisdiction of partition cases under this chapter, by bill or petition.
  2. (b) Nothing in this chapter shall deprive the chancery court of the jurisdiction rightfully belonging to that court over the subject of partition and sales of realty for the purposes of division.
§ 29-27-107. Venue of actions.
  1. The petition may be filed in the court of the county in which the land, or any part of it lies, or in which the defendant resides. If all the claimants join in the petition, or assent to the partition, it may be filed in any county in the state, whether any of the land lies therein or not.
§ 29-27-108. Contents of petition.
  1. The bill or petition shall set forth, as far as known, the names of the owners, their residences, which of them are infants or married.
§ 29-27-109. Parties.
  1. Every person having such interest, whether in possession or otherwise, shall be made a party.
§ 29-27-110. Uncertainty of interests.
  1. In case any one (1) or more of such parties, or the share or quantity of interest of any of the parties, be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, so that such parties cannot be named, the facts shall be set forth in such petition.
§ 29-27-111. Notice of petition.
  1. (a) Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subsection (b).
  2. (b) If any of the parties defendant are nonresidents or unknown, or of unknown residence, the court, or its clerk, may order and make publication for them, under this Code in like cases in chancery where personal service of process is dispensed with.
§ 29-27-112. Commencement of action by summons.
  1. The action may, however, be commenced by filing the petition or bill, and issuance and service of copy and summons, or making publication as in chancery cases.
§ 29-27-113. Decree — Reservation of unknown interests.
  1. (a) The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right.
  2. (b) The court may, in a proper case, where there are unknown parties or unknown shares, give judgment that partition be made, so far as the rights or interests of the parties or shares are known and ascertained, and the residue of the premises shall remain for the parties whose interests have not been ascertained, subject to division at any future time.
§ 29-27-114. Appointment of commissioners.
  1. (a) Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be of good personal character and integrity and knowledgeable in the type of property to be partitioned.
  2. (b) If the lands lie in different counties, the court may appoint separate sets of commissioners for each county, or one (1) set for all the lands, as may seem best for the interest of the parties.
§ 29-27-115. Oath of commissioners.
  1. The commissioners, before proceeding to the execution of their duty, shall be severally sworn, by the clerk, the officer summoning them, the county surveyor, the deputy, or any general sessions judge, to do justice among the parties, to the best of their skill and abilities, according to the directions of the court.
§ 29-27-116. Mode of partition.
  1. In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ a surveyor, with the necessary assistants, to aid therein. The partition may be made by tracts, or by the division of each tract into shares, as may seem right to the commissioners and the court.
§ 29-27-117. Unequal partition — Equalizing charges.
  1. If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they can, and charge the larger shares with the sums necessary to equalize all the shares, and report the facts.
§ 29-27-118. Report of commissioners.
  1. The commissioners shall make a report in writing, signed by at least three (3) of them, of what they have done, and describing the land divided, and the share of each party, by metes and bounds, or other sufficient designation.
§ 29-27-119. Confirmation of report — Decree.
  1. Upon the coming in of the report, unless set aside for good cause shown, upon exception, the court shall confirm the same, and divest and vest title according to its terms, giving a decree in proper cases in favor of those to whom smaller shares have been allotted against those having the larger shares, for the amounts reported, which decree is a lien on such larger shares until paid. Where there are infants whose shares are thus charged, the court shall direct the money to be paid out of their personal estate, if any.
§ 29-27-120. Commissioners' expenses.
  1. The expenses of the commissioners, including the expenses of a surveyor and the surveyor's assistants, when they have been employed, will be ascertained and allowed by the court; the expenses to be paid by the claimants in the proportion of their interests, or equally, as the court may direct, to be collected as other costs.
§ 29-27-121. Attorneys' fees.
  1. The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind.
§ 29-27-122. Persons bound by decree.
  1. The partition thus made is conclusive:
    1. (1) On all parties named in the proceedings who have at the time any interest in the premises divided, as owners in fee or as tenants for years or as entitled to the reversion, remainder, or inheritance of such premises after the termination of any particular estate therein; or who by any contingency in any will, conveyance, or otherwise, may be or may become entitled to any beneficial interest in the premises; or who shall have any interest in any individual share of the premises, as tenants for years or for life;
    2. (2) On all persons interested in the premises who are unknown, to whom notice has been given by publication, as hereinbefore directed;
    3. (3) On all persons claiming from such parties or persons, or either of them.
§ 29-27-123. Persons not bound by decree.
  1. Such judgment and partition will not affect any tenants or persons having claims as tenants, for life, to the whole of the premises, nor preclude any person, except those specified in § 29-27-122, from claiming any title to the premises, or from controverting the title or interest of the parties between whom the partition has been made.
Part 2 Sale for Division
§ 29-27-201. Sale for division authorized.
  1. Any person entitled to a partition of premises, under part 1 of this chapter, is equally entitled to have such premises sold for division, in the following cases:
    1. (1) If the premises are so situated that partition thereof cannot be made; or
    2. (2) Where the premises are of such description that it would be manifestly for the advantage of the parties that the same should be sold instead of partitioned.
§ 29-27-202. Application for sale.
  1. The application for a sale of the premises is made by bill or petition, under the same rules and regulations that govern the application for partition.
§ 29-27-203. Alternative application.
  1. The application may be in the alternative for partition, if practicable or advisable, and, if otherwise, for a sale.
§ 29-27-204. Amendment to pray sale.
  1. The petition or bill may also be amended at any stage of the cause, so as to pray a sale, if the parties think it for their interest.
§ 29-27-205. Answer asking sale.
  1. Even if application is for partition only, the court may, upon the answers of the defendants asking a sale, and satisfactory cause shown, decree a sale for division.
§ 29-27-206. Commissioners recommending sale.
  1. If the commissioners appointed to make partition report that the premises, or any portion thereof, are so situated that a partition cannot be made without great prejudice to the owners, the court may, if satisfied that the report is just and correct, order a sale of the premises, whether prayed for or not in the petition, or asked by the defendant.
§ 29-27-207. Decree for sale of estate situated in several counties.
  1. When the estate to be divided is situated in several counties, the court may decree a sale of all the land, as well that situated in the county where the bill is filed as in any other county in the state.
§ 29-27-208. Sale of life estate.
  1. (a) The court may, with the assent of the person entitled to an estate for life, to the whole or any part of the premises, who is a party to the proceedings, sell such estate with the rest.
  2. (b)
    1. (1) If such person is incapable of giving assent, the court may determine, under all the circumstances, and taking into view the interest of all the parties, whether such estate ought to be excepted from the sale, or sold.
    2. (2) If the person entitled to any such estate for life be unknown, the court may determine whether the estate shall be sold or not, as in the case of persons under disability, and, in the event of sale, make such order for the protection of the rights of such person in the same manner, as far as may be, as if the person were known and had appeared.
  3. (c) When such interest is sold, the value thereof may be ascertained and paid over in gross, or the proper proportion of the fund invested, and the income paid over to the party during the continuance of the estate.
§ 29-27-209. Ascertainment of encumbrances — Payment.
  1. (a)
    1. (1) It is the duty of the parties, when a sale is applied for or ordered, to disclose any encumbrance upon the premises, or any part thereof.
    2. (2) Either party, or the purchaser after sale, may have a reference to ascertain whether there are any encumbrances on the premises, the costs of which reference will be borne by the person applying, unless an encumbrance is discovered which the party failed to disclose, as required in this section, and then by the party failing to disclose.
  2. (b) If it appears by the report that there are any existing encumbrances upon the estate or interest in the premises of any party named in the proceedings, the court may direct the same to be paid out of the share of the party in the funds, or order a credit to be given the purchaser for the amount of such encumbrance.
§ 29-27-210. Interpleader of encumbrancer.
  1. If the party disputes the validity of the supposed encumbrance, the purchaser may, by petition, compel such party and the supposed encumbrancer to interplead, unless the parties produce and file a disclaimer or receipt from such supposed encumbrancer.
§ 29-27-211. Unencumbered shares unaffected.
  1. The proceedings to ascertain and settle the amount of encumbrances, as provided in §§ 29-27-209 — 29-27-213, shall not affect any other party in the suit nor delay the paying over or investing of moneys to or for the benefit of any party upon whose estate in the premises there appears to be no encumbrance.
§ 29-27-212. Sale subject to encumbrance.
  1. Sales made without reference to the encumbrances are subject thereto, and do not affect the right of such encumbrancers in any way.
§ 29-27-213. Purchaser's rights under undisclosed encumbrance.
  1. Nothing herein contained shall be held to deprive a purchaser of any rights the purchaser may have to be relieved of a sale, by reason of an encumbrance not made known at the sale.
§ 29-27-214. Terms of sale.
  1. The court may direct the sale to be made for cash, or on such credit as may be deemed most for the interest of all the parties.
§ 29-27-215. Security for purchase money.
  1. (a) The installments of purchase money shall be secured by note, with good personal security, and a lien retained on the land until the whole amount is paid.
  2. (b) The lien for the purchase money subsists until the whole is paid, notwithstanding any omission to reserve such lien, either in the decree or titles made in compliance with the orders of the court.
§ 29-27-216. Vesting of title in purchaser.
  1. The court, upon confirmation of the sale, divests title and vests it as in other cases of sale of real estate by decree of court, under this code.
§ 29-27-217. Decree.
  1. The rights of the parties shall be settled by the judgment or decree of the court, and the proceeds divided in accordance therewith.
§ 29-27-218. Disposition of proceeds of sale.
  1. (a) The shares of adults not under any disability, in the proceeds of sale made for partition, after deducting the proportion of costs to be borne by such shares, shall be paid over to such parties or their order.
  2. (b) If any of the parties are infants, the court shall direct the disposition of the shares of such parties, and may order that the money be paid over to the general guardian, upon giving bond, with good security, to cover the fund, or laid out in the purchase of other lands for such minors, or otherwise permanently invested.
  3. (c) The court shall, in like manner, direct the disposition of the shares of other parties laboring under the disability of unsoundness of mind, or, upon proper application, order a reinvestment in other property, for the benefit of such parties.
  4. (d) Where any of the parties are absent from the state, are without legal representatives in this state, or are not known or named in the proceedings, the court shall direct the shares of such parties to be invested in permanent securities at interest, for the benefit of such parties, until claimed by them or their legal representatives.
§ 29-27-219. Bond to refund proceeds of sale.
  1. The court may, whenever the nature of the case demands, require all, or any of the parties, before they shall receive any share of the moneys arising from a sale under this chapter, to give approved security, in such sum as the court may direct, to refund such share, with interest thereon, in case it should thereafter appear that such party was not entitled thereto.
Part 3 Uniform Partition of Heirs Property Act
§ 29-27-301. Short title.
  1. This part is known and may be cited as the “Uniform Partition of Heirs Property Act.”
§ 29-27-302. Part definitions.
  1. As used in this part:
    1. (1) “Ascendant” means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual;
    2. (2) “Collateral” means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant;
    3. (3) “Descendant” means an individual who follows another individual in lineage, in the direct line of descent from the other individual;
    4. (4) “Determination of value” means a court order determining the fair market value of heirs property under § 29-27-306 or § 29-27-310 or adopting the valuation of the property agreed to by all cotenants;
    5. (5) “Heirs property” means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
      1. (A) There is no agreement in a record binding all the cotenants that governs the partition of the property;
      2. (B) One (1) or more of the cotenants acquired title from a relative, whether living or deceased; and
      3. (C) Any of the following applies:
        1. (i) Twenty percent (20%) or more of the interests are held by cotenants who are relatives;
        2. (ii) Twenty percent (20%) or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or
        3. (iii) Twenty percent (20%) or more of the cotenants are relatives;
    6. (6) “Partition by sale” means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under § 29-27-310;
    7. (7) “Partition in kind” means the division of heirs property into physically distinct and separately titled parcels;
    8. (8) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
    9. (9) “Relative” means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part.
§ 29-27-303. Applicability — Relation to other law.
  1. (a) This part applies to partition actions filed on or after July 1, 2022.
  2. (b) In an action under this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property and a cotenant seeks partition, then the property shall be partitioned under this part.
  3. (c) This part supplements parts 1 and 2 of this chapter and, if an action is governed by this part, then this part replaces provisions of parts 1 and 2 of this chapter that are inconsistent with this part.
  4. (d) This part is remedial in nature and shall be construed to extend to the court the discretion necessary to effectuate this part.
§ 29-27-304. Service — Notice by posting.
  1. (a) This part does not limit or affect the method by which service of a petition in a partition action may be made.
  2. (b) If the plaintiff in a partition action seeks notice by publication and the court determines that the property may be heirs property, then the plaintiff, no later than ten (10) days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court, the case number, and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
§ 29-27-305. Commissioners.
  1. If the court appoints commissioners pursuant to § 29-27-114, each commissioner, in addition to the requirements and disqualifications applicable to commissioners in § 29-27-114, must be disinterested, impartial, and not a party to or a participant in the action.
§ 29-27-306. Determination of value.
  1. (a) Except as otherwise provided in subsections (b) and (c), if the court determines that the property that is the subject of a partition action is heirs property, then the court may consider the county's tax appraised value. If an objection to the tax appraisal is filed by a party within thirty (30) days of receipt of the appraisal, then the court shall determine the fair market value of the property by ordering an appraisal pursuant to subsection (d).
  2. (b) If all cotenants have agreed to the value of the property or to another method of valuation, then the court shall adopt that value or the value produced by the agreed method of valuation.
  3. (c) If the court determines that the evidentiary value of an independent appraisal is outweighed by the cost of the appraisal, then the court, after an evidentiary hearing, shall determine the fair market value of the property and send notice to the parties of the value.
  4. (d) If the court orders an appraisal, then the court shall appoint a disinterested real estate appraiser licensed in this state to determine the fair market value of the property, assuming sole ownership of the fee simple estate. On completion of the appraisal, the appraiser shall file a sworn or verified appraisal with the court.
  5. (e) If an appraisal is conducted pursuant to subsection (d), then the plaintiff shall send notice to each party with a known address no later than ten (10) days after the appraisal is filed, stating:
    1. (1) The appraised fair market value of the property;
    2. (2) That the appraisal is available at the clerk's office; and
    3. (3) That a party may file with the court an objection to the appraisal no later than thirty (30) days after the notice is sent, stating the grounds for the objection.
  6. (f) If an appraisal is filed with the court pursuant to subsection (d), then upon motion of a party, the court shall conduct a hearing to determine the fair market value of t