flag of tennessee2024 Tennessee Code Unannotated

Title 18 Clerks Of Courts

Chapter 1 General Provisions
Part 1 Qualifications and Conduct of Office
§ 18-1-101. Selection and general functions.
  1. Each of the courts has a clerk, elected or appointed for a term of years, whose duty it is to attend the court and perform all the clerical functions of the court.
§ 18-1-102. Residence and office.
  1. The clerk of each of the courts shall reside in the county in which the court is held, shall keep an office at the county seat of that county, and give due attendance at the office for the performance of official duties.
§ 18-1-103. Oath of office.
  1. Each clerk of a court must also, before entering on the duties of the office, take an oath to support the constitutions of the United States and of this state, and to execute the duties of the office without prejudice, partiality or favor, to the best of the clerk's skill and ability; also, that the clerk has neither given nor will give to any person any gratuity, gift, fee or reward in consideration of the clerk's support for the office, and that the clerk has neither sold nor offered to sell, nor will the clerk sell, the clerk's interest in the office.
§ 18-1-104. Deputy's oath.
  1. Each deputy clerk shall take the oath appointed for the qualification of public officers, and an oath faithfully to discharge the duties of the office to the best of the deputy clerk's skill and ability.
§ 18-1-105. Duties.
  1. (a) It is the duty of the clerk of each of the courts to:
    1. (1) Sign all summons, writs, subpoenas, executions and process issued from the clerk's court, and endorse on the back thereof the date of issuance;
    2. (2) Keep the several dockets required by law in the respective courts, and keep a rule docket, in which shall be entered the names of complainants and defendants in full, the names of attorneys, a minute of the date of issuance and return of process, with return on process, and a note of all orders and proceedings made at office;
    3. (3) Not change the style of any cause, or papers in the cause, without permission of the chancellor or judge presiding, after the cause has been docketed;
    4. (4) Keep an execution docket, in which shall be entered, within the time after the adjournment of each court prescribed for issuing executions, all judgments or decrees, in the order of their rendition, with the names of all the plaintiffs and defendants in full, the day and year of rendition, the amount of the recovery and the amount of costs, the character and number of the execution, the date of its issuance and to what county issued, the person to whom delivered and the date of delivery, the date and substance of the return and the dates and amounts of money paid into and paid out of the clerk's office;
    5. (5) Keep a well-bound book, in which shall be entered the minutes of each day's proceedings during the session of the court, in the order in which they are made;
    6. (6) Record in well-bound books, within six (6) months after the final determination of any suit or prosecution, such proceedings as the clerk is required by law to enroll;
    7. (7) Make and keep indexes, direct and reverse, for all books and dockets required to be kept by the clerk;
    8. (8) Keep all the papers, books, dockets and records belonging to the clerk's office, with care and security; the papers filed, arranged, numbered and labeled, so as to be of easy reference; and the books, dockets and records properly lettered; and allow parties to inspect the records free of charge;
    9. (9) Attend court during the session of the court, with all the papers belonging to the term, so filed as to be of easy reference; keep in the courthouse, during the session, the execution docket for the two (2) preceding terms; and administer all oaths and affidavits in relation to causes or proceedings pending therein;
    10. (10) On application and payment of the legal fees for a transcript, make out and deliver to any person applying for the transcript, a correct transcript, properly certified, of any paper or record in the clerk's office;
    11. (11) Perform such duties in regard to the state and county revenue as are prescribed by law under this code;
    12. (12) Issue execution within the time prescribed by §§ 26-1-201 — 26-1-203; and
    13. (13) Perform such other duties as are, or may be, required of the clerk by law.
  2. (b) In the place of well-bound docket books as required in subdivisions (a)(5) and (6), the clerks may, in the alternate, subject to the approval and under the direction of the judges of the respective courts, use a file card system whereby a card would be kept in a loose-leaf file drawer under lock and key, upon which card the necessary entries required by law to be put on the docket would be made.
  3. (c)
    1. (1) Any information required to be kept as a public record by a clerk of any court may be maintained on a computer or removable computer storage media in lieu of docket books or other bound books; provided, that the following standards are met:
      1. (A) The information is available for public inspection, unless it is a confidential record according to law;
      2. (B) Due care is taken to maintain the information as a public record during the time required by law for retention;
      3. (C) All daily data generated and stored within the computer system shall be copied to computer storage media daily, and the newly created computer storage media more than one (1) week old shall be stored at a location other than at the building where the original is maintained; and
      4. (D) The clerk can provide a paper copy of the information when needed or when requested by a member of the public.
    2. (2) Nothing in subdivision (c)(1) shall be construed as requiring the clerk to sell the media upon which the information is stored or maintained.
  4. (d)
    1. (1) Install and maintain the Tennessee court information system (TnCIS) as provided by the administrative office of the courts (AOC) or a functionally equivalent computer system. The implementation of TnCIS in the offices of the court clerks shall be determined by the TnCIS steering committee and shall be based on the availability of adequate funding. The TnCIS software shall be made available to all offices of court clerks, including those offices previously automated and those offices within Shelby, Davidson, Knox and Hamilton counties.
    2. (2) Notwithstanding any other law to the contrary, any court clerk office having a significant investment in an existing computer system shall not be required to acquire a new computer system, or to modify or convert an existing system to utilize the TnCIS software; provided, that those court clerk offices shall maintain a computer system that will report electronically all data required under Tenn. Sup. Ct. R. 11, § II, or otherwise statutorily mandated; and the AOC shall provide for the necessary data transfers with other state agencies as defined by the AOC or as statutorily required.
    3. (3) The AOC shall provide each court clerk in a county that has not installed TnCIS with a list of the data that is required under Rule 11, § II of the Rules of the Supreme Court of Tennessee or state law. The AOC and court clerks shall coordinate efforts to ensure that the court clerks submit the required data by January 1, 2022, and in an ongoing manner thereafter, pursuant to procedures established by the AOC.
§ 18-1-106. Judgment index.
  1. (a) It is the duty of the clerk of the courts of record, and they are required, to keep a judgment index in which the name of each person, partnership, firm or corporation against whom a judgment or decree is rendered shall be entered under the proper alphabet or letter of the person, partnership, firm or corporation, giving the date, number of the cause and amount of the judgment.
  2. (b)
    1. (1) Each page of the index shall have five (5) columns, as follows:
    2. (2) Two (2) sets of these columns may be on each page.
§ 18-1-107. Notation as to party requesting process.
  1. The clerks of court, in all cases where there are two (2) or more defendants in any case, civil or criminal, and a subpoena for witnesses or other process issues on application of part only of the defendants, shall mark thereon at whose instance the subpoena is issued.
§ 18-1-108. Authority.
  1. (a) The clerks of the several courts have authority to:
    1. (1) Administer oaths and take affidavits in all cases in which the authority to administer the oath is not confined to some other officer, and the power may be exercised either in vacation or term time;
    2. (2) Take depositions to be read as evidence in any judicial proceeding in this or any other state;
    3. (3) Take probate of the attendance of witnesses, and issue tickets, in vacation as well as term time, and in civil as well as criminal cases, at any time between the commencement and decision of a cause;
    4. (4) Appoint deputies with full power to transact all the business of the clerk, such deputy first taking an oath to support the constitution and laws of this state, and faithfully to discharge the duties of deputy clerk of the court for which the deputy acts;
    5. (5) Receive the amount of any judgment or decree rendered in the court of which they are clerks, either before or after the issue of execution on the judgment or decree; and
    6. (6) Exercise such other powers as are, or may be, conferred upon them by law.
  2. (b) In counties where the clerks and the judges wish to establish a cooperative child support collection system that will serve all courts in the counties in which child support is ordered, the clerks of those counties may enter into an agreement, approved by the respective judges, that child support shall be collected and distributed by one (1) clerk for all the clerks of the counties. The agreement shall be in writing and shall set forth all the terms and conditions for the cooperative child support system. The clerk operating the cooperative child support system for the counties shall be financially accountable and treat all payments as if the order of child support had originated in the court served by that clerk.
§ 18-1-109. Acting as masters in chancery.
  1. The clerks of the several courts, in all equity causes in their courts, are vested with the powers of clerks and masters of the chancery court.
§ 18-1-110. Practice of law — Security on bonds.
  1. No clerk of any court can practice law in any of the courts of this state, except as provided in § 23-3-102; neither can the clerk become security for the prosecution of suits in the clerk's court, nor upon any bonds or other obligations required to be executed by the parties in the progress of the suits.
§ 18-1-111. Providing copy of judgment when payments to be made to court clerk — Receipt.
  1. (a) When a judgment is required by order of a general sessions, circuit or chancery court, or by agreement of the parties, to be paid to the court through the applicable court clerk, the clerk, upon request of the debtor, shall provide the debtor with a copy of the judgment entered by the court or the agreement between the parties.
  2. (b) Upon the request of the debtor, the clerk shall provide the debtor with a receipt for any amount paid by the debtor to the clerk in discharge of the judgment or the agreement between the parties.
§ 18-1-112. Delivery of records to successor.
  1. Upon the suspension or removal from office of any clerk, the clerk shall, on demand of the clerk's successor or order of the court, deliver over to the successor the books, papers and other articles belonging to the office, such delivery to be enforced as provided in title 8, chapter 49.
§ 18-1-113. Judgment affecting city or county taxes furnished tax collecting officials.
  1. It is the duty of the clerk of any court that renders a judgment or decree affecting city or county taxes to furnish a copy of the judgment or decree to the county trustee or to the city treasurer, comptroller or other municipal officers collecting taxes, as the case may be, of the county or city whose taxes are involved.
Part 2 Disposition of Documents and Evidence
§ 18-1-201. Disposition of documents according to order of court.
  1. The clerks of the courts of record in this state are authorized and empowered to make such disposition of records, dockets, books, ledgers and other documents as the judges of their respective courts may severally direct, subject to the provisions set out in §§ 18-1-202 — 18-1-205.
§ 18-1-202. Documents disposable.
  1. (a)
    1. (1) In all cases that have been finally disposed of, for a period of more than ten (10) years, the clerks of the courts of record are empowered and authorized under the direction and order of the judges of their respective courts to dispose of the records, dockets, books, ledgers and other documents in all such cases, except the clerk shall retain and safely keep the pleadings, original process and original opinion, if any, all original rules, appearance and execution dockets, minute books, plat or plan books; provided, that all other records, dockets, books, ledgers and documents maintained by the clerks may be disposed of by the clerks after they have ceased to be current after a period of ten (10) years; provided, however, that the disposition is ordered by the respective judges of the courts.
    2. (2) Notwithstanding subdivision (a)(1), the clerks of the juvenile courts are empowered and authorized under the direction and order of the judges of their respective courts to dispose of original pleadings, process, opinions, records, dockets, books, ledgers, and all other documents in delinquent and unruly juvenile court cases after a period of ten (10) years following the juvenile reaching eighteen (18) years of age. Prior to ordering the clerk to dispose of original documents, the court must notify the district attorney general of the proposed order and provide the district attorney general reasonable time to file a notice of opposition to the proposed order.
  2. (b) In civil cases, a judge may order the clerk to destroy discovery materials, briefs, cost bonds, subpoenas and other temporary records three (3) years after the final disposition of the case or three (3) years after records sealed by order of the court have been unsealed. When the order is entered, the court clerk shall notify the parties of the three-year disposition schedule for temporary records, and that the parties may remove temporary records filed by the party during the three-year period. For the purpose of this subsection (b), “final disposition of a case” means the time when judgment has been entered and the appeal times have lapsed for all parties. This subsection (b) shall not apply if any party is a minor.
4 Backlinks
§ 18-1-203. Minute order for disposition of documents.
  1. Any order issued by any of the judges of courts of record, as authorized in § 18-1-202, shall be entered on the minutes of the court, setting forth generally what papers, books, documents and records may be disposed of. A detailed inventory in the minute entry shall not be required.
§ 18-1-204. Preservation of historical records.
  1. Before the clerk destroys or otherwise disposes of, pursuant to § 18-1-202, any records, dockets, books, papers, ledgers and documents, when so authorized by the court, the clerk shall give ninety (90) days' notice to the state librarian and archivist, whereupon the state librarian and archivist, or the state librarian and archivist's representative, shall examine and remove and take into the state librarian and archivist's possession for preservation any document, book, ledger or record that the state librarian and archivist believes to be of value for historical or other scholarly purposes.
1 Backlink
§ 18-1-205. Periodical disposal of documents.
  1. The courts shall order the disposition of the records, papers, dockets, books, ledgers or other documents enumerated in §§ 18-1-202 — 18-1-204 annually or at such other times as may be thought to be advisable.
1 Backlink
§ 18-1-206. Disposal of physical evidence.
  1. (a) Physical evidence other than documents and firearms used in judicial proceedings and in the custody of a court in cases where all appeals or potential appeals of a judgment have ended or when the case has been settled, dismissed or otherwise brought to a conclusion, may be disposed of as follows:
    1. (1) The clerk of the court having custody of the physical evidence to be disposed of shall notify the attorneys of record in the case for which the evidence was used that certain enumerated items are no longer needed by the court and that they have thirty (30) days from the date of notification to claim any of the items belonging to them or their clients. If after thirty (30) days the attorneys have not claimed and removed the items of evidence, the clerk shall dispose of the evidence in the manner prescribed by subdivisions (a)(2)-(7);
    2. (2) The clerk of the court having custody of the physical evidence to be disposed of shall annually inventory the physical evidence and prepare a list of the evidence proposed to be destroyed with references to the case involved and the term of court in which the evidence was used;
    3. (3) The clerk shall publish in a newspaper of general circulation in the county for three (3) consecutive weeks the proposed list of items of physical evidence selected for disposition;
    4. (4) Parties interested in the disposition of physical evidence may submit a petition to the court stating their objections to the proposed disposition within thirty (30) days of the initial newspaper publication;
    5. (5) After the time for filing petitions objecting to the disposition has passed, the clerk shall submit the list with any filed petition to the court. The court shall approve or reject each item on the list and shall order that each particular item be disposed of in one (1) of the following ways:
      1. (A) Returned to the owner or the owner's attorney of record if the attorney agrees;
      2. (B) Preserved by a specified organization for historical purposes;
      3. (C) Sold; or
      4. (D) Destroyed;
    6. (6) The clerk shall deliver the order and the items approved for disposition to the custody of the sheriff or the chief of police in counties having a metropolitan form of government for disposition in accordance with the order of the court; and
    7. (7) The sheriff shall deliver the physical evidence to the owner or owners or to the organization or organizations when so ordered, personally or by return receipt mail. When ordered to sell physical evidence, the sheriff shall advertise in a newspaper of general circulation the sales, for not less than three (3) editions and not less than thirty (30) days prior to the sales. The sheriff shall conduct a public sale and maintain a record of each sale and the amount received. The proceeds of the sale or sales shall be deposited forthwith in the county general fund. When ordered to destroy physical evidence, the sheriff shall completely destroy each item by cutting, crushing, burning or melting and shall file an affidavit concerning the destruction with the clerk of the court ordering the destruction, showing a description of each item, the method of destruction, the date and place of destruction and the names and addresses of all witnesses. In counties having a metropolitan form of government, all references to the sheriff in this subdivision (a)(7) means the chief of police.
  2. (b) This section shall not act to amend or repeal any of the provisions of any private act or acts that provide for the disposal of physical evidence or exhibits used in any judicial proceeding in any county having a population of over six hundred thousand (600,000), according to the 1980 federal census or any subsequent federal census.
1 Backlink
Part 3 Misconduct
§ 18-1-301. Grounds for removal.
  1. The court may remove its clerk:
    1. (1) Upon conviction of a misdemeanor in office or of a felony;
    2. (2) For nonresidence in the county in which the court is held;
    3. (3) For failing to give security as required by law;
    4. (4) For failing to pay over public moneys or moneys collected officially;
    5. (5) For incapacity, neglect of duty or misbehavior in office; and
    6. (6) For any other cause to which the penalty of removal from office is attached by law.
§ 18-1-302. Suspension on indictment.
  1. Immediately upon indictment found against any clerk for a felony or misdemeanor in office, the court of which the clerk is clerk may suspend the clerk from office and appoint a clerk pro tempore, until a final decision can be had, who shall be entitled to the fees and perquisites of office during the suspension.
§ 18-1-303. Proof of improper conduct of office.
  1. The failure to pay over money collected officially, incapacity, neglect of duty and misbehavior in office may be shown by the record of a suit, by motion, or otherwise founded upon one (1) of the causes, and decided adversely to the clerk; or charges may be exhibited to the court, in writing, by any person, and satisfactorily established by proof, the clerk having a right to be heard in defense, and to an appeal, as in other cases.
§ 18-1-305. Misdemeanor in office — Penalty.
  1. Any clerk who willfully or corruptly does any act contrary to the duties of such clerk's office, as prescribed by law, or, in like manner, omits or refuses to perform any service or duty required of the clerk, unless some other penalty is expressly provided, commits a Class C misdemeanor and may be removed from office.
§ 18-1-306. False entries to affect causes.
  1. Any clerk who knowingly and willfully makes a false entry, knowingly and willfully fails to make an entry required by law to be made, or knowingly and willfully makes out an imperfect or incorrect transcript of the proceedings had in the clerk's court, with the intent to affect the result of any cause, commits a Class A misdemeanor.
Part 4 Vacancy in Office
§ 18-1-401. Deputy filling vacancy.
  1. In case of the death of any clerk of a court, the clerk's deputy holds the office until the vacancy is filled by appointment or election, as the case may be.
§ 18-1-402. Temporary appointment.
  1. The several courts may fill any vacancy temporarily until an election can be had according to law.
Part 5 State Court Clerks' Conference
§ 18-1-501. Creation and membership of conference.
  1. There is created the Tennessee state court clerks' conference, which shall be the official organization of the circuit court clerks, clerks and masters, criminal court clerks, juvenile court clerks, probate clerks and elected general sessions court clerks in this state. The membership of the conference shall consist of all circuit court clerks, clerks and masters, elected probate clerks, criminal court clerks, juvenile court clerks and elected general sessions court clerks in this state. Deputies of the clerks shall be associate members of the conference.
1 Backlink
§ 18-1-502. Rules, regulations, and bylaws.
  1. The state court clerks' conference is authorized to adopt and, from time to time, amend such rules, regulations, or bylaws as it considers necessary for the conduct of its affairs. The rules, regulations or bylaws shall provide for the election of a president, vice president, secretary and such other officers as the conference considers advisable, for the method of selection of the officers, and for such other matters consistent with the general laws of the state as the conference may choose.
§ 18-1-503. Calling meetings — Notice — Seminars.
  1. The president of the conference may call meetings at will, upon at least ten (10) days' written notice to members, and shall call at least one (1) meeting annually. The annual meeting shall provide educational seminars or training for the membership in addition to the business sessions. The conference may from time to time provide additional education seminars for its membership in cooperation with the administrative director of the courts and the University of Tennessee's center for government training.
1 Backlink
§ 18-1-504. Attendance.
  1. (a) The maximum number of individuals attending from a clerk's office in a county will be determined by the classification of counties as enumerated in § 8-24-101. The ratio of individuals from each clerk's office allowed to attend per classification is as follows:
    1. (1) Counties of the first class — 12;
    2. (2) Counties of the second class — 10;
    3. (3) Counties of the third class — 8;
    4. (4) Counties of the fourth class — 6;
    5. (5) Counties of the fifth class — 4;
    6. (6) Counties of the sixth class — 2;
    7. (7) Counties of the seventh class — 2; and
    8. (8) Counties of the eighth class — 2.
  2. (b) If a clerk's office in a county does not have the maximum number of attendees, other clerks' offices in the county may send additional people to meetings of the state court clerks' conference. The total number of attendees from all clerks' offices within each county shall not exceed the total established by adding the number of attendees allowed for each clerk's office within the county, as enumerated in § 8-24-101.
§ 18-1-506. Administration of seminar.
  1. The seminar described in § 18-1-503 shall be administered by the administrative director of the courts and the administrative director's staff in cooperation with the conference. The state, through the administrative office of the courts, shall pay for all expenses incurred in administering the seminar.
§ 18-1-507. Meetings.
  1. (a) The conference shall meet annually and at other times as provided in this part for consideration of any and all matters pertaining to the discharge of the official duties and obligations of its members, and for the purpose of education and training, to the end that there be a more prompt and efficient administration of the duties and responsibilities of the state clerks and their offices.
  2. (b) It is the official duty of each member of the conference to attend its meetings unless otherwise officially engaged, or for good and sufficient reasons.
§ 18-1-508. Duties — Committee on drafting and monitoring legislation.
  1. It is the duty of the conference to give consideration to the enactment of such laws and rules or procedure as in its judgment may be necessary to the more effective operation of the offices of the state court clerks. To this end a committee of its members shall be appointed to draft suitable legislation and submit its recommendations to the general assembly and to monitor legislation otherwise submitted that impacts upon the operation of the state court clerks' offices.
Chapter 2 Accounting and Bonds
Part 1 Accounting
§ 18-2-101. Cash book — Penalty for violations.
  1. (a) The clerks of the courts, and clerks and masters, shall keep a cash book as one (1) of the public records of their respective offices, in which they shall enter, under each case, all sums of money received or disbursed by them, showing the date of receipt or disbursement, on what account received or disbursed and to or from whom received or disbursed.
  2. (b) The cash book shall be indexed direct and reverse.
  3. (c) The cash book shall at all times be open to the inspection of the public.
  4. (d) It is a Class A misdemeanor for any clerk or clerk and master to fail to keep the cash book or to allow its inspection as provided in this section.
§ 18-2-102. Payment of money to parties — Penalty for violations.
  1. (a) It is the duty of each of the clerks of the several courts, upon application of the party entitled, the party's agent or attorney, made at the office of the clerk, to pay and deliver to the applicant, without delay, any money or property in the clerk's hands, received by virtue of any decree, judgment or order of the court, or any judge of the court, or by virtue of the clerk's office.
  2. (b) A failure to comply with the requirements of this section is a Class C misdemeanor and, moreover, subjects the clerk to motion against the clerk and the clerk's sureties.
§ 18-2-103. Report of money or assets held.
  1. (a) It is the duty of the clerks or clerks and masters of the respective courts to prepare a written financial report describing and identifying the amounts of money or other assets in their respective offices at the end of each fiscal year.
  2. (b) The report shall include a listing of all cases for which funds are being held, showing the style of each case and the amount held for each case.
  3. (c) The report shall be filed with the respective court within thirty (30) days of the close of the fiscal year.
  4. (d) The report shall be available for inspection by the comptroller of the treasury, or the comptroller of the treasury's designated representative, parties to the litigation and their counsel and other interested parties.
1 Backlink
§ 18-2-104. False report of moneys held.
  1. Any clerk or clerk and master who willfully and corruptly makes a false report to the court of the matters required by § 18-2-103 commits a Class A misdemeanor, and the clerk shall be removed from office under § 18-2-213.
§ 18-2-105. Unlawful use or disposal of money or property.
  1. Any clerk or clerk and master of any court who, without authority of law, uses, loans or converts to the clerk's or clerk and master's own use, or otherwise disposes of, any money or property that may have come into the clerk's or clerk and master's hands in the clerk's or clerk and master's official capacity, commits a Class C felony.
§ 18-2-106. Reports of property sold.
  1. (a) It is the duty of the clerk, whenever property has been sold by the clerk under order of the clerk's court, or any judge of the court, at each term to make and submit to the court a report showing the property sold, the amount of the sale, the principal and interest collected, the aggregate fund on hand, the disbursements made, to whom and when, specifying separately the fees allowed to the clerk and other officers of court.
  2. (b) Any person interested in the report may except to the report, as in other cases.
§ 18-2-107. Decree on report of property sold — Appeal.
  1. (a) The report and the action of the court on the report shall be embodied in a decree, to be entered on the minutes of the court, and the clerk shall be entitled to no other fees or allowances than those specified and fixed by the decree of the court.
  2. (b) The action of the court is subject to the right of appeal by the persons interested, as in other cases.
Part 2 Bonds
§ 18-2-201. Official bond.
  1. (a) Every clerk of a court except the clerk of the supreme court and chief deputy clerks of the supreme court, before entering upon the duties of the clerk's office, shall enter into an official bond, which shall be prepared in accordance with title 8, chapter 19, to the satisfaction of the clerk's court, in the sum of fifty thousand dollars ($50,000) in counties with a population of less than fifteen thousand (15,000) and one hundred thousand dollars ($100,000) in counties with a population of fifteen thousand (15,000) or more, according to the 2010 federal census or any subsequent federal census, or in a greater sum as the court may determine, payable to the state, and conditioned for the safekeeping of the records and for the faithful discharge of the duties of the clerk's office.
  2. (b) The clerk of the supreme court and chief deputy clerks of the supreme court shall be included within the blanket surety bond required by § 4-4-108.
  3. (c) [Deleted by 2023 amendment.]
1 Backlink
§ 18-2-201. Official bond. [Effective until July 1, 2023. See the version effective on July 1, 2023.]
  1. (a) Every clerk of a court except the clerk of the supreme court and chief deputy clerks of the supreme court, before entering upon the duties of the clerk's office, shall enter into an official bond, which shall be prepared in accordance with title 8, chapter 19, to the satisfaction of the clerk's court, in the sum of fifty thousand dollars ($50,000) in counties with a population of less than fifteen thousand (15,000) and one hundred thousand dollars ($100,000) in counties with a population of fifteen thousand (15,000) or more, according to the 2010 federal census or any subsequent federal census, or in a greater sum as the court may determine, payable to the state, and conditioned for the safekeeping of the records and for the faithful discharge of the duties of the clerk's office.
  2. (b) The clerk of the supreme court and chief deputy clerks of the supreme court shall be included within the blanket surety bond required by § 4-4-108.
  3. (c) Unless otherwise clearly indicated by the context in which it is used, “clerk of a court” or “clerk,” as used in this part, includes “county clerk.”
1 Backlink
§ 18-2-202. Commissioner and receiver bond.
  1. The several courts may also require their clerks to give bond, in accordance with § 18-2-205, in such sum as the court deems sufficient to cover property or funds that may at any time come to the hands of the clerks as special commissioners or receivers, by appointment of the court or any judge of the court.
1 Backlink
§ 18-2-203. Failure to give commissioner and receiver bond.
  1. The failure of the clerk to execute the special bond provided for in § 18-2-202 shall not subject the clerk to any penalty, but the court may confide the particular business to such other person as will give the required security, and, in the absence of the special bond, the clerk and the clerk's sureties will be liable, on the regular official bond, for all property or money with which the clerk may be properly chargeable as special commissioner or receiver.
1 Backlink
§ 18-2-204. Special bonds.
  1. The court may also require special bonds to meet particular exigencies, and in a suitable penalty, whenever, in its judgment, the interest of suitors render it necessary, subject to § 18-2-203.
1 Backlink
§ 18-2-205. Entry and filing of bonds.
  1. The bonds required in §§ 18-2-201 — 18-2-204, after being acknowledged before, approved and certified by the court, shall be entered upon the minutes within thirty (30) days, and shall then be recorded in the office of the county register of deeds and transmitted to the office of the county clerk for safekeeping.
1 Backlink
§ 18-2-206. Scope of liability on bonds.
  1. The official bonds of clerks, executed under this code, are obligatory on the principal and sureties for every wrongful act or failure of duty in the clerk's official capacity, whether embraced in the condition of the bond or not, or growing out of a law passed subsequently to its execution.
§ 18-2-207. Chancellors to examine bonds.
  1. It is the duty of the chancellors, on the first day of each term of their respective courts, to examine the bonds of the respective clerks and masters of those courts, and to ascertain whether they are in conformity to law and whether the sureties on the bonds are good and solvent and worth the penalties of the bonds respectively.
2 Backlinks
§ 18-2-208. Examination of witnesses and records.
  1. The chancellors, whenever necessary to arrive at a correct knowledge of the respective bonds and their sufficiency, shall summon witnesses and examine them on oath, and shall examine all records in any of the county or state offices, and all records and papers in the offices of the clerks and masters.
§ 18-2-209. Orders to correct deficiencies in bond.
  1. Whenever any chancellor in any manner determines that the bonds of any clerk and master of any court within the chancellor's judicial district are, from any cause, insufficient, the chancellor shall forthwith make a record of the fact on the minutes of the court, and order the clerk and master, within thirty (30) days from that date, to make the clerk and master's bonds sufficient by executing new bonds or giving additional security, and complying with any order of the chancellor in regard to the bonds.
1 Backlink
§ 18-2-210. Other courts and county legislative bodies also to examine bonds.
  1. Sections 18-2-207 — 18-2-209 shall apply also to the clerks of the other courts of this state, and it shall be the duty of the judges of the supreme, circuit, criminal and special courts, at each term of those courts, respectively, and of the county legislative bodies at every quarterly meeting, to inquire into the bonds of their respective clerks, as the chancellors are required to do; and all the powers for this purpose vested in the chancellors are vested in the judges of the other courts and the county legislative body.
1 Backlink
§ 18-2-211. Time for examination of bonds.
  1. Nothing in §§ 18-2-207 — 18-2-210 is to be construed to prevent the examination of bonds on any other than the first day of any term or meeting, but the examination shall be made at each term and quarterly meeting, as respectively provided, and the examination may be continued from day to day until a satisfactory conclusion is reached.
§ 18-2-212. Grand jury examination of bonds.
  1. The grand jury in each county shall inquire into the correctness and sufficiency of the bonds of all the clerks within the county, including the clerk and master of the chancery court, and, for this purpose, they may send for witnesses and examine all necessary records and papers. Should they find any bond of any of the clerks incorrect in form or insufficient in amount, or in the quality of the security on the bonds, it is their duty to return the fact to the court to which the clerk belongs, and thereupon it shall be the duty of the court, without delay, to make an order upon the clerk to execute within thirty (30) days, in lieu of such bond, a new bond, or give additional satisfactory security.
§ 18-2-213. Removal for failure to execute new bond.
  1. (a) Should any clerk or clerk and master fail to comply with the order of the clerk or clerk and master's court, it shall be the imperative duty of the court to remove the clerk or clerk and master, and appoint some other person in the clerk's or clerk and master's place.
  2. (b) If a clerk elected by the people is removed, the appointment shall be to fill the unexpired term, but if a clerk and master, or other clerk whose appointment is by law vested in the court is removed, the appointment shall be for a full term of office.
  3. (c) Ample power and authority are vested in the courts to take bond and security to carry into execution this section.
1 Backlink
Chapter 3 Supreme Court Clerks
§ 18-3-101. Appointment — Tenure.
  1. (a) The clerk of the supreme court shall be appointed by the judges of the supreme court and shall hold office for a period of six (6) years. The clerk of the supreme court shall be located at Nashville.
  2. (b) Three (3) chief deputy clerks of the supreme court, one (1) each for the eastern, middle and western grand divisions, shall be appointed by the clerk of the supreme court, subject to the approval of the supreme court, to supervise and coordinate the business of the supreme court and intermediate appellate courts in their respective grand divisions. The chief deputy clerk for the eastern grand division shall be located at Knoxville. The chief deputy clerk for the middle grand division shall be located at Nashville. The chief deputy clerk for the western grand division shall be located at Jackson.
§ 18-3-102. Duties.
  1. The clerk of the supreme court, in addition to the duties prescribed by chapters 1 and 2 of this title, is required to:
    1. (1) Preserve the written opinions of the judges as other records of the clerk of the supreme court's office, subject to the inspection of all persons wishing to examine them, and to furnish certified copies of the written opinions, on demand, to any person applying and paying the lawful fees;
    2. (2) Deliver to the attorney general and reporter the original opinions of the court within ten (10) days after the decision;
    3. (3) Issue to the inferior courts, within sixty (60) days, and before the next term of the inferior court after the adjournment of the supreme court, certified copies of the opinions and judgments or decrees in all cases reversed and remanded;
    4. (4) Pay over costs incurred in inferior courts, as provided in § 20-12-140;
    5. (5) Note on the execution docket executions not returned at the time specified in the execution; and
    6. (6) Perform such other duties as are or may be required of the clerk of the supreme court by law.
§ 18-3-109. Recess appointments.
  1. If the office of clerk of the supreme court becomes vacant during the recess of the court, the chief justice of the supreme court may make a temporary appointment to fill it until the judges of the supreme court meet and make a permanent appointment.
§ 18-3-110. Removal.
  1. (a) The clerk of the supreme court may be removed from office by the court for malfeasance, incompetency or neglect of duty.
  2. (b) The reasons for removal shall be entered on the minutes of the court.
§ 18-3-111. Disposition of old court documents — Record retention plan.
  1. The clerk of the supreme court shall dispose of or preserve old dockets, old transcripts, old records or any other books, documents, papers, etc., as directed by the chief justice of the supreme court in accordance with the records retention plan promulgated by the supreme court.
Chapter 4 Clerks Of Circuit, Criminal, Special and General Sessions Courts
Part 1 Circuit, Criminal and Special Courts
§ 18-4-101. Election — Tenure.
  1. (a) The clerks of the circuit and criminal courts and other special courts are elected by the qualified voters of the respective circuits and districts over which the local jurisdiction of the courts, respectively, extends.
  2. (b) The clerks' terms of office are four (4) years.
  3. (c) The clerks of the circuit, criminal, and other special courts must be qualified voters of the county and residents of the county or district for one (1) year prior to the date of the qualifying deadline for running as a candidate for such office.
§ 18-4-102. Chapter applicable to criminal and special courts.
  1. This chapter applies to clerks of the criminal and other special courts established by law.
§ 18-4-103. Duties.
  1. The clerk of each circuit court, in addition to the duties prescribed by chapters 1 and 2 of this title, is required to:
    1. (1) At each term of the court, when the jury is discharged, make out and certify a list of the jury, with the number of days they have served and the amount due to each, and deliver the list to the county clerk, to be registered by the county clerk, and certificates issued thereon as prescribed by § 18-6-105;
    2. (2) Make out and transmit to the clerk of the supreme court transcripts of the record, in all cases in which appeals in the nature of writs of error have been taken from the clerk of the circuit court's court, within forty (40) days after the rendition of the judgment, unless the case has been determined within forty (40) days of the session of the supreme court, or during such session, and in that event forthwith;
    3. (3) Enter up judgment of the court on its records, after the verdict of a jury;
    4. (4) Note on every execution or order of sale of land, the defendant's direction not to advertise the execution or order in a newspaper;
    5. (5) Present to the judge of the circuit or criminal court all bills of costs for the clerk of the circuit court's certificate, in criminal cases, in which the state or county is liable for the costs;
    6. (6) Record, at full length, on the minutes of the clerk of the circuit court's court, the papers returned into the court by a judge of the court of general sessions, for the purpose of having a condemnation of land levied on by execution from such judge, and order of sale;
    7. (7) Enter, at full length, upon the minutes of the court, the presentment or indictment in cases of felony;
    8. (8) Perform duties in relation to revenue as prescribed in §§ 9-2-108 — 9-2-122 and [former] 9-2-135 [repealed];
    9. (9) Notify the Tennessee bureau of investigation by electronic submission of final disposition of criminal proceedings against a person as soon as practicable but no later than seventy-two (72) hours days after final disposition of the criminal proceedings; and
    10. (10) Perform such other duties as are, or may be, required by law.
§ 18-4-104. Adjournment of court.
  1. Whenever the circuit court judge fails to hold court as required by law, the clerk may, at the expiration of the prescribed time, adjourn the court until the next term.
2 Backlinks
§ 18-4-105. Recognizances on adjournment.
  1. The clerk is authorized, in cases where the court is adjourned pursuant to § 18-4-104, to enter forfeiture of all recognizances previously taken, for the appearance of parties or witnesses, where the parties or witnesses, on being called by the sheriff, fail to appear in pursuance of the recognizances, or to take new recognizances from such of the parties as do appear, according to law, for their appearance at the next term of the court.
§ 18-4-106. Refusal to give new recognizance.
  1. If any person, bound in a recognizance to appear, appears accordingly, but fails or refuses to enter into a new recognizance, similar to and of the purport and effect of the previous recognizance, for the person's appearance at the next term, the person shall be deemed to have surrendered to the sheriff, and shall be in custody until the person enters into such recognizance as is by law required upon surrender by bail in like cases.
1 Backlink
§ 18-4-107. Proceedings on forfeitures.
  1. The same proceedings shall be had in all cases for forfeitures entered by the clerk, in pursuance of §§ 18-4-104 — 18-4-106, as if the same had been entered by order of court.
Part 2 Courts of General Sessions
§ 18-4-201. Compensation of clerk of general sessions court.
  1. (a) The clerk of the circuit court, when acting as clerk of the court of general sessions, shall receive the compensation provided by law for circuit court clerks, as fixed by § 8-24-102. The fees, commissions and emoluments of the clerk of the court of general sessions shall constitute part of the fees, commissions and emoluments of the office of the clerk of the circuit court. The clerk shall receive such additional amount for the clerk's services as clerk of the court of general sessions as may be fixed by any private act in effect on March 11, 1959, or thereafter enacted affecting such county.
  2. (b) However, the clerk of any special court serving as a clerk of general sessions court as provided in § 16-15-301 shall receive only the fees, commissions and emoluments as provided by law for the general sessions court, and the compensation received shall be in addition to the compensation that the clerk receives for the clerk's services in the special court or courts. The compensation of the clerk shall not exceed the maximum statutory amount for the circuit court as allowed by law.
2 Backlinks
§ 18-4-202. Financial report of general sessions court filed by clerk.
  1. It is the duty of the clerk of the court of general sessions to make and file with the county clerk of the county for transmission to each regular quarterly session of the county legislative body a complete detailed financial report of all receipts and disbursements of the court of general sessions for the previous quarter.
1 Backlink
§ 18-4-203. Powers and duties of clerk.
  1. (a) The clerk of the general sessions court has concurrent authority with the judge to issue warrants and other process and writs, other than those that the law requires to be issued only by a judicial officer, and has the authority to set the amount of bond in the absence of the judge.
  2. (b) It is the duty of the clerk of the general sessions court to:
    1. (1) Keep all dockets required by title 16, chapter 15;
    2. (2) Write all minute entries required;
    3. (3) Promptly make any and all entries necessitated by §§ 16-15-101 - 16-15-711, 18-4-201, 18-4-202, 20-12-143, and 27-5-108, and [former] §§ 40-118, 40-424, and 40-425 [repealed]; and
    4. (4) Notify the Tennessee bureau of investigation by electronic submission of final disposition of criminal proceedings against a person as soon as practicable but no later than seventy-two (72) hours after final disposition of the criminal proceedings.
  3. (c) In counties having a population of not less than twenty thousand seven hundred (20,700) nor more than twenty-one thousand seven hundred (21,700), the clerk of the general sessions court has authority to issue search warrants and peace warrants.
1 Backlink
§ 18-4-204. Qualifications for office.
  1. The clerk of a general sessions court must be a qualified voter of the county and a resident of the county for one (1) year prior to the date of the qualifying deadline for running as a candidate for such office.
Chapter 5 Clerks of Chancery Courts
§ 18-5-101. Appointment — Tenure.
  1. The clerk and masters of the chancery courts are appointed by the respective chancellors and hold their offices for six (6) years.
§ 18-5-102. Duties.
  1. The clerk and master of the chancery court, in addition to the duties prescribed by chapters 1 and 2 of this title, is required to:
    1. (1) Keep a rule docket, in which shall be entered the names of the complainants and defendants in full, the names of the attorneys and counsel, a minute of the date of the issuance and return of process, with the return on the process, and a note of all the orders and proceedings made at office;
    2. (2) Keep a well-bound book, in which shall be entered, under the name of each case, the depositions taken and filed in the case, the names of the witnesses, and the date of the filing, and by whom. This book may be dispensed with by keeping the rule docket in such a way as to enable the entries required in this section to be made in the docket, without interfering with the entries regularly belonging to that docket;
    3. (3) Issue all original, mesne and final process from the court, make orders of publication for defendants, grant decrees pro confesso for want of answer, hear exceptions to bills, answers and reports, subject at all times to the control, direction and supervision of the chancellor; and
    4. (4) Perform such other duties as are, or may be, by law required.
§ 18-5-103. Powers as master in chancery.
  1. The clerk and master of the chancery court is authorized to administer oaths and perform all the functions of masters in chancery, unless restrained by law.
§ 18-5-104. Adjournment of court.
  1. The master in chancery may adjourn court, in the absence of the chancellor, from day to day, for three (3) days in succession, or longer if, in the master in chancery's judgment, the interest of the public requires it, and then adjourn it to the court in course or to the time fixed by the chancellor for holding a special term.
§ 18-5-105. Investment of funds of minors and incompetents.
  1. Clerks and masters of the chancery courts, having in their hands funds belonging to minors or incompetents who have no regular guardian or other custodian or other person authorized by law to demand the funds, may invest the funds as provided in § 8-21-401(i)(8) or, if applicable, § 8-21-409(f)(1) without prior specific order of the court if, in their best judgment, it appears that the funds will be idle and payment of funds will not be demanded for a period of thirty (30) days from and after receipt of funds.
Chapter 6 County Clerks
§ 18-6-101. Election — Term of office — Clerk of county legislative body.
  1. (a) The county clerks are elected by the qualified voters of the respective counties over which the local jurisdiction of the county legislative body, respectively, extends.
  2. (b) Their term of office is four (4) years.
  3. (c) The county clerk shall be the clerk of the county legislative body.
  4. (d) If any vacancy occurs in the office of county clerk, the vacancy shall be filled as provided for in § 5-1-104(b).
  5. (e) Before entering into the duties of the office, the county clerk shall take an oath to support the constitutions of this state and of the United States, and an oath of office. The county clerk shall execute an official bond. The bond must be prepared, executed, filed, and recorded in accordance with title 8, chapter 19. The amount of the bond must be in the sum of fifty thousand dollars ($50,000) in counties with a population of less than fifteen thousand (15,000) and one hundred thousand dollars ($100,000) in counties with a population of fifteen thousand (15,000) or more, according to the 2020 federal census or a subsequent federal census, or in such greater amount as the county legislative body by resolution may determine.
1 Backlink
§ 18-6-102. Name change.
  1. (a) County court clerk shall assume the title “county clerk.”
  2. (b) The county clerk shall assume all the duties of the county court clerk and all statutes referring to county court clerks shall apply with equal force and effect to the county clerk.
  3. (c) The office of county clerk shall remain an office in this state regardless of the abolition of any county quarterly court.
1 Backlink
§ 18-6-103. Certain boards of commissioners authorized to appoint own clerks.
  1. (a) Notwithstanding the duties prescribed for the county clerk in chapters 1 and 2 of this title and §§ 18-6-101, 18-6-102 and 18-6-104, the board of commissioners in any county with a population of six hundred thousand (600,000) or more is authorized to employ its own clerk to serve at its meetings and to employ its own clerical and administrative help reasonably necessary to take the minutes of its meetings and to transcribe the minutes, subject to the approval of the board of commissioners, as official records of the county.
  2. (b) The board of commissioners shall appropriate such funds as are necessary to cover the cost of the clerk and staff provided for in subsection (a).
§ 18-6-104. Duties as clerk.
  1. The county clerk, in addition to the duties prescribed by chapters 1 and 2 of this title, is required, as clerk to:
    1. (1) Act as clerk of the county legislative body;
    2. (2) Keep a docket of all the causes to be tried in the court;
    3. (3) Enter upon the docket every suit, motion and action that may come before the court for trial;
    4. (4) Produce to the judge of the circuit court, for the judge's examination at the first circuit court in the judge's county after the first Monday in April in each year, on the second day of the term, the bonds of all officers taken during such year by the county legislative body;
    5. (5) Spread on the records of court every bond required to be recorded; and
    6. (6) Receive and preserve the journals of congress, statutes and other public documents entrusted to the county clerk by law, and deliver them to the county clerk's successor.
1 Backlink
§ 18-6-105. Duties as to revenue.
  1. The county clerk has the following duties in regard to revenue:
    1. (1) [Deleted by 2023 amendment.]
    2. (2) [Deleted by 2023 amendment.]
    3. (3) [Deleted by 2023 amendment.]
    4. (4) Perform the acts in relation to state revenue prescribed in title 8, chapter 19, title 9, chapters 2 and 3, title 26, chapter 5, title 67, chapter 8, parts 2-5, title 57, chapter 5, parts 1-4 and title 67; and
    5. (5)
      1. (A) Collect franchise fees pursuant to franchise agreements with municipalities, if so authorized by resolution of the legislative body of any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census;
      2. (B) Collect the enrollment fees and provide decals in connection with municipal programs to combat auto theft, if so authorized by ordinance of the legislative body of any municipality having a metropolitan form of government and a population of over four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census; and
      3. (C) Any powers concerning fee or tax collection that may be granted to the county clerk by the legislative body of any municipality having a metropolitan form of government and a population of more than four hundred fifty thousand (450,000), according to the 1990 federal census or any subsequent federal census, shall not affect the powers granted to the director of finance under the charter of the municipality to make decisions concerning the official depository for fees and taxes as well as depository procedures. The county clerk shall not receive a commission for receiving and paying over the fees and taxes.
1 Backlink
§ 18-6-106. Administration of estates.
  1. (a)
    1. (1) Notwithstanding any law or public, private, special or local act to the contrary, no county clerk shall serve as clerk of a court with probate jurisdiction. In any county in which the county clerk is performing this function, the duties as to administration of estates and guardian appointments shall be vested in either the clerk of the court with probate jurisdiction or the clerk and master. In any county in which the county clerk is the only clerk of the court with probate jurisdiction, these duties shall be transferred to the clerk and master.
    2. (2)
      1. (A) Subdivision (a)(1) shall not apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
        3. 44,20044,300
        4. 71,10071,200
      2. (B) In the counties listed in subdivision (a)(2)(A), the county clerk shall continue to serve as clerk of the court with probate jurisdiction and the clerk shall continue to exercise the same powers and duties as it exercised on June 30, 2003.
    3. (3) Subdivision (a)(1) shall not apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
      3. 12,80012,900
      4. 27,10027,200
      5. 43,10043,200
      6. 62,30062,400
      7. 182,000182,100
    4. (4) Effective July 1, 2014, in counties having a population of not less than forty-one thousand (41,000) nor more than forty-one thousand one hundred (41,100), according to the 2010 federal census or any subsequent federal census, all clerical duties and responsibilities for the probate court currently exercised by the circuit court clerk shall transfer to the clerk and master. On such date, the clerk and master shall assume all duties and responsibilities with respect to the administration of estates, guardian appointments and other probate matters. All probate files, records and other documents maintained for the probate court in such counties shall be transferred to the custody of the clerk and master.
  2. (b) The clerk of the court having probate jurisdiction has the following duties as to the administration of estates:
    1. (1) Administer to every administrator or executor an oath to perform the will of the deceased, or for the faithful performance of the administrator's or executor's duty; provided, that in the alternative, the oath of the administrator or executor may be sworn or affirmed in the presence of a notary public and the acknowledgment of the representative's oath, when certified by the notary public, shall be presented to the appropriate clerk;
    2. (2) Except as provided in § 30-1-201, take from every such representative a bond, with two (2) or more able sureties, or one (1) corporate surety, in an amount not exceeding double the value of the estate and not less than the value of the estate, payable to the state of Tennessee, conditioned as is shown in § 30-1-203;
    3. (3) Issue to the representative letters of administration or testamentary, authorizing the representative to administer the estate of the deceased;
    4. (4) Receive of every administrator or executor the inventory the administrator or executor may return of the decedent's estate, and cause the administrator or executor to verify it by the administrator's or executor's oath, and present the inventory to the court;
    5. (5) Record the inventory, if it be found regular by the court, in the book of inventories;
    6. (6) Receive from every personal representative the personal representative's account of sales, and cause the personal representative to verify the account of sales by the personal representative's oath, and present the account of sales to the court, and record the account of sales if the court finds the account of sales regular;
    7. (7) Take and state, once every year, in vacation, at the clerk's office, the accounts of every personal representative of any deceased person, after the lapse of fifteen (15) months from the personal representative's qualification;
    8. (8) Compel the accounting party, by subpoena, to come before the clerk once every year for the purpose of settling the accounting party's accounts;
    9. (9) Present to the court, in writing, the names of those personal representatives and guardians who refuse to answer the subpoena, or who fail to settle; and also the names of the minors in their county, of the clerk's knowledge, whose guardians are in default, and the sureties of whose guardians are dead, removed out of the state or become insolvent;
    10. (10) Examine the accounting party, when it seems necessary, upon oath, touching the accounting party's receipts and disbursements;
    11. (11) Continue the settlement, from time to time, on cause shown by affidavit;
    12. (12) Charge such party with all such sums as the party has received or might have received by using due diligence; and credit such party with such disbursements as the party supports by lawful vouchers, and with a reasonable compensation for the party's services;
    13. (13) Report the account to the next court having probate jurisdiction for confirmation or rejection;
    14. (14) Record the settlement when it is finally adjusted by the court;
    15. (15) Serve every party, resident in the clerk's county, that is interested in the account, or the agent or attorney of such as reside elsewhere, with five (5) days' notice of taking such account, and take no account of any administration until such notice has been given;
    16. (16) Record all refunding bonds lodged with the clerk by any personal representative, taken from distributees, and file and preserve the originals in the clerk's office; and
    17. (17) Perform all the duties required of the clerk in the administration of insolvent estates of deceased persons.
  3. (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
§ 18-6-107. Duties as to guardians.
  1. (a) The county clerk has the duty to enter in particular books, to be provided and kept for that purpose only, every guardian's first account of the guardian's ward's estate, received into the guardian's hands and possession, and each annual account of profits and disbursements afterwards exhibited by such guardian.
  2. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
    3. 12,80012,900
    4. 27,10027,200
    5. 43,10043,200
    6. 62,30062,400
    7. 182,000182,100
  3. (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
§ 18-6-108. Probate of instruments.
  1. (a) The county clerk has the duty to take the probate or acknowledgment of all deeds and other instruments that are entitled to registration by law, and to certify the same for registration, and to demand and receive the state tax thereon, as specified in title 67, chapter 4, part 4.
  2. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
    3. 12,80012,900
    4. 27,10027,200
    5. 43,10043,200
    6. 62,30062,400
    7. 182,000182,100
  3. (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
§ 18-6-109. Duties as to marriages.
  1. (a) The county clerk has the following duties as to marriages:
    1. (1) To endorse on or append to the marriage license the form of the return; and
    2. (2) To register, in a well-bound book, the names of the parties, and the date of the issuance of a marriage license, and to copy immediately, under or opposite thereto, the return of the proper functionary who solemnized the rites of matrimony, with the date thereof, and file and retain the license and return thereof in such clerk's office or other suitable facility.
  2. (b) The records described in subdivision (a)(2) are public records.
  3. (c) As used in this section, “suitable facility” means a facility that stores local government records securely against theft and natural disasters.
§ 18-6-110. Record of appointments and settlements.
  1. (a) The county clerk has the duty to record in well-bound books all letters testamentary and of administration, all guardian appointments and all settlements made by the clerk with guardians and personal representatives.
  2. (b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
    3. 12,80012,900
    4. 27,10027,200
    5. 43,10043,200
    6. 62,30062,400
    7. 182,000182,100
  3. (c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.
§ 18-6-111. Other duties.
  1. The county clerk is required to perform such other duties as are, or may be, by law required of the county clerk.
§ 18-6-112. Incompetency of clerk.
  1. (a) Whenever the county clerk is incompetent, because of interest or relationship, to do or perform any official act required by law to be done by the county clerk, it shall be lawful and is the duty of the county mayor or appropriate judge to do and perform the act.
  2. (b) When the clerk is incompetent to take and state any account, the account shall be taken and stated by a special commissioner, to be appointed by the chancellor as provided by law.
§ 18-6-113. Depositions.
  1. The county clerks are authorized and empowered to take depositions in any legal proceeding to the same extent and after the same manner as notaries public, and in taking such depositions the clerks shall attest the depositions under their official seals, and for such services shall be entitled to the same compensation as notaries public.
§ 18-6-114. Oaths and affidavits.
  1. (a)
    1. (1) The county clerks are authorized and empowered to take affidavits and administer oaths for general purposes to the same extent as judges of the courts of general sessions and notaries public.
    2. (2) They shall attest the affidavits and oaths under their official seals or the seals of their respective courts.
  2. (b)
    1. (1) As compensation for their services in taking any such affidavit or oath and so attesting the affidavit or oath, they shall be entitled to receive the sum of twenty-five cents (25¢), to be paid by the party whose affidavit or oath is so taken.
    2. (2) This section shall not affect the fees provided by law for such clerks incident to their duties in their respective courts.
§ 18-6-115. Vacancies.
  1. If the office of the county clerk becomes vacant due to death, resignation or removal, the duties of the county clerk shall be temporarily discharged by the chief deputy, or deputy designated as temporary successor by the county clerk in writing, until a successor county clerk is elected or appointed and qualified according to law.